Indiana 2024 Regular Session

Indiana House Bill HB1267 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1267
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: Numerous citations throughout the Indiana Code.
7	7	Synopsis: Elimination of certain gender specific terms. Replaces the
8	8	term "chairman" with the term "chairperson" in certain statutes.
9	9	Replaces chairmen, committeeman, committeemen, and certain gender
10	10	specific job titles in certain statutes with gender neutral terminology.
11	11	Changes the alcoholic beverage permit for salesmen to a permit for
12	12	salespersons. Removes obsolete internal section headings within
13	13	certain sections of the alcoholic beverage and tobacco law. Removes
14	14	masculine pronouns in certain statutes. Makes technical corrections.
15	15	Effective: July 1, 2024.
16	16	Errington, Boy
17	17	January 9, 2024, read first time and referred to Committee on Judiciary.
18	18	2024 IN 1267—LS 6912/DI 92 Introduced
19	19	Second Regular Session of the 123rd General Assembly (2024)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2023 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1267
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	general provisions.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 2-3-8-2 IS AMENDED TO READ AS FOLLOWS
34	34	2 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) In the case of a law creating
35	35	3 districts for the House of Representatives, the Speaker of the House
36	36	4 may employ the necessary attorneys after consultation with the
37	37	5 minority leader of the House and the chairman chairperson and
38	38	6 ranking minority member of the house committee on legislative
39	39	7 apportionment.
40	40	8 (b) In the case of a law creating districts for the Senate, the
41	41	9 President pro tempore of the Senate may employ the necessary
42	42	10 attorneys after consultation with the minority leader of the Senate and
43	43	11 the chairman chairperson and ranking minority member of the senate
44	44	12 committee on legislative apportionment.
45	45	13 (c) In the case of a law creating congressional districts for the State
46	46	14 of Indiana, the Speaker of the House and President pro tempore of the
47	47	15 Senate, acting jointly, may employ the necessary attorneys after
48	48	16 consultation with the minority leaders of the House and Senate and the
49	49	17 chairman chairperson and ranking minority members of the house
50	50	2024 IN 1267—LS 6912/DI 92 2
51	51	1 committee on legislative apportionment.
52	52	2 SECTION 2. IC 2-4-1-3 IS AMENDED TO READ AS FOLLOWS
53	53	3 [EFFECTIVE JULY 1, 2024]: Sec. 3. The president of the senate, the
54	54	4 speaker of the house or the chairman chairperson of the committee of
55	55	5 the whole, or the chairman chairperson or any member of any
56	56	6 committee of either the house or the senate of the general assembly of
57	57	7 Indiana is empowered to administer oaths to witnesses in any case
58	58	8 under their examination.
59	59	9 SECTION 3. IC 2-4-2-1 IS AMENDED TO READ AS FOLLOWS
60	60	10 [EFFECTIVE JULY 1, 2024]: Sec. 1. The chairman, chairperson, or
61	61	11 acting chairman chairperson for the time being, of any committee
62	62	12 appointed by either house or by the joint action of the two (2) houses,
63	63	13 of the general assembly of this state be and is hereby authorized to
64	64	14 administer all oaths necessary to be administered to witnesses testifying
65	65	15 or called to testify before such committee.
66	66	16 SECTION 4. IC 2-5-1.1-1 IS AMENDED TO READ AS
67	67	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. There is hereby
68	68	18 created a legislative council which shall be composed of sixteen (16)
69	69	19 members of the general assembly as follows:
70	70	20 (a) From the senate: The president pro tempore, the minority leader,
71	71	21 the majority caucus chairman, chairperson, the minority caucus
72	72	22 chairman, chairperson, three (3) members appointed by the president
73	73	23 pro tempore, and one (1) member appointed by the minority leader.
74	74	24 (b) From the house of representatives: The speaker of the house, the
75	75	25 majority leader, the minority leader, the majority caucus chairman,
76	76	26 chairperson, the minority caucus chairman, chairperson, two (2)
77	77	27 members appointed by the speaker, and one (1) member appointed by
78	78	28 the minority leader.
79	79	29 (c) The president of the senate may serve as an ex officio non-voting
80	80	30 nonvoting member of the council.
81	81	31 (d) The members of the council who serve by virtue of their office
82	82	32 shall serve until their successors are selected.
83	83	33 (e) The appointed members shall serve from the date of their
84	84	34 appointment until the next general election at which they run for
85	85	35 reelection, or until the convening of the first regular session of the next
86	86	36 general assembly, whichever is first to occur. The president pro
87	87	37 tempore, speaker, and minority leaders shall appoint their members not
88	88	38 later than five (5) days after the close of a first regular session of a
89	89	39 general assembly.
90	90	40 SECTION 5. IC 2-5-1.1-2 IS AMENDED TO READ AS
91	91	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The president pro
92	92	42 tempore shall be chairman chairperson of the council beginning
93	93	2024 IN 1267—LS 6912/DI 92 3
94	94	1 January 1 of odd-numbered years and vice-chairman vice chairperson
95	95	2 beginning January 1 of even-numbered years.
96	96	3 (b) The speaker shall be chairman chairperson of the council
97	97	4 beginning January 1 of even-numbered years and vice-chairman vice
98	98	5 chairperson beginning January 1 of odd-numbered years.
99	99	6 SECTION 6. IC 2-5-1.1-3 IS AMENDED TO READ AS
100	100	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The chairman
101	101	8 chairperson shall fill any vacancy on the council in a position held by
102	102	9 virtue of office. The person appointed shall be from the same house and
103	103	10 party as the person whose position was vacated. In filling the vacancy,
104	104	11 the chairman chairperson shall accept the recommendation of the
105	105	12 ranking member on the council from the house and party affected. The
106	106	13 replacement shall serve until his the replacement's successor has been
107	107	14 selected.
108	108	15 (b) Any vacancy in a position held by appointment shall be filled by
109	109	16 the council member making the original appointment.
110	110	17 SECTION 7. IC 2-5-1.1-4 IS AMENDED TO READ AS
111	111	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The council shall
112	112	19 meet at the call of the chairman, chairperson and where he the
113	113	20 chairperson designates. Meetings of the council may also be called
114	114	21 upon the written request of any seven (7) members and upon forty-eight
115	115	22 (48) hours notice to the members of the council.
116	116	23 (b) The members of the council are entitled to receive the per diem
117	117	24 of members of the general assembly for time spent in attendance at the
118	118	25 meetings of such council. The members of the council are also entitled
119	119	26 to be reimbursed for actual necessary expenses incurred while
120	120	27 attending such meetings. Per diem and expenses of council members
121	121	28 shall be paid from the appropriation of the council upon approval by
122	122	29 the chairman. chairperson.
123	123	30 (c) A majority of the entire membership of the council shall
124	124	31 constitute a quorum. No action of the council shall be valid unless
125	125	32 approved by at least nine (9) members.
126	126	33 (d) When the general assembly is in regular session, those persons
127	127	34 who are members of the council by virtue of their office constitute a
128	128	35 quorum of the council and may continue to exercise all rights,
129	129	36 privileges, and powers, and to perform all duties of the council until
130	130	37 their successors are appointed.
131	131	38 SECTION 8. IC 2-5-1.1-6.3, AS AMENDED BY P.L.157-2020,
132	132	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133	133	40 JULY 1, 2024]: Sec. 6.3. (a) The following definitions apply
134	134	41 throughout this section:
135	135	42 (1) "Audit committee" refers to the audit and financial reporting
136	136	2024 IN 1267—LS 6912/DI 92 4
137	137	1 subcommittee of the legislative council established by subsection
138	138	2 (b).
139	139	3 (2) "Audited entity" refers to the state, a municipality, a public
140	140	4 hospital, or another person or entity that is subject to an
141	141	5 examination by the state board of accounts under IC 5-11-1 or
142	142	6 another law. However, the term applies to an entity (as defined in
143	143	7 IC 5-11-1-16(e)) to the extent that the entity is required to be
144	144	8 examined under IC 5-11-1-9 or another law.
145	145	9 (3) "Examination" refers to an audit, examination, or other
146	146	10 engagement by the state board of accounts, its field examiners, or
147	147	11 private examiners under IC 5-11-1 or another law.
148	148	12 (b) The audit and financial reporting subcommittee of the legislative
149	149	13 council is established to assure the independence of the state board of
150	150	14 accounts. The subcommittee is comprised of five (5) voting members
151	151	15 and one (1) advisory member, who shall be the director of the office of
152	152	16 management and budget, or the director's designee. The chairman
153	153	17 chairperson of the legislative council, with the advice of the vice
154	154	18 chairman chairperson of the legislative council, shall appoint the
155	155	19 voting members of the audit committee and its chairperson. The audit
156	156	20 committee may have members who are not members of the legislative
157	157	21 council. If the individual appointed is not a member of the general
158	158	22 assembly, the term of the member is three (3) years. If the individual
159	159	23 appointed is a member of the general assembly, the term of the member
160	160	24 is one (1) year. However, to stagger the terms of the members, if the
161	161	25 individual appointed is not a member of the general assembly, the
162	162	26 initial term of two (2) of these members is two (2) years instead of
163	163	27 three (3) years. All members of the audit committee must possess or
164	164	28 obtain a basic understanding of governmental financial reporting and
165	165	29 auditing. To ensure the audit committee's independence and
166	166	30 effectiveness, a member of the audit committee may not exercise
167	167	31 managerial responsibilities that fall within the scope of an examination
168	168	32 required by IC 5-11-1.
169	169	33 (c) It is the responsibility of the audit committee to provide
170	170	34 independent review and oversight of the state board of accounts and the
171	171	35 examination process used by the state board of accounts. To carry out
172	172	36 this responsibility, the audit committee shall do at least the following:
173	173	37 (1) Review and monitor the independence and objectivity of the
174	174	38 state board of accounts and the effectiveness of the examination
175	175	39 process, taking into consideration relevant professional and
176	176	40 regulatory requirements.
177	177	41 (2) Evaluate the findings and recommendations of any peer
178	178	42 review of the state board of accounts that is required by
179	179	2024 IN 1267—LS 6912/DI 92 5
180	180	1 recognized government auditing standards.
181	181	2 (3) Receive and review reports of examinations submitted under
182	182	3 IC 5-11-5-1 or another law to monitor the integrity of the financial
183	183	4 reporting process and the effectiveness of the state board of
184	184	5 accounts in evaluating the internal accounting controls of audited
185	185	6 entities.
186	186	7 (4) Monitor the actions of the examined entities to follow up on
187	187	8 reported findings to assure corrective action is taken.
188	188	9 (5) Review the policy on the engagement of the state board of
189	189	10 accounts, its field examiners, and private examiners to supply
190	190	11 nonaudit services, taking into account relevant ethical guidance
191	191	12 regarding the provision of nonaudit services by the state board of
192	192	13 accounts.
193	193	14 (6) Provide guidance to the state board of accounts on any
194	194	15 accounting, examination, or financial reporting matter requested
195	195	16 by the state board of accounts.
196	196	17 (7) At least annually, report to the legislative council on how the
197	197	18 audit committee has discharged its duties and met its
198	198	19 responsibilities.
199	199	20 (d) An examined entity shall provide the audit committee with
200	200	21 information, including any reports of internal auditors and annual
201	201	22 internal audit work plans, that the audit committee requests as
202	202	23 necessary or appropriate to carry out the responsibilities of the audit
203	203	24 committee.
204	204	25 (e) IC 2-5-1.2 applies to the committee. In addition, the audit
205	205	26 committee may retain the services of at least one (1) financial expert
206	206	27 who is either an audit committee member or an outside party engaged
207	207	28 by the audit committee for this purpose. The financial expert must,
208	208	29 through both education and experience and in a manner specifically
209	209	30 relevant to the government sector, possess:
210	210	31 (1) an understanding of generally accepted accounting principles
211	211	32 and financial statements;
212	212	33 (2) experience in preparing or auditing financial statements of
213	213	34 comparable entities;
214	214	35 (3) experience in applying such principles in connection with the
215	215	36 accounting for estimates, accruals, and reserves;
216	216	37 (4) experience with internal accounting controls; and
217	217	38 (5) an understanding of audit committee functions.
218	218	39 The expenses of the audit committee shall be paid from appropriations
219	219	40 for the legislative council and the legislative services agency.
220	220	41 (f) The audit committee shall receive appeals and conduct hearings
221	221	42 as described in IC 5-11-1-9.3.
222	222	2024 IN 1267—LS 6912/DI 92 6
223	223	1 SECTION 9. IC 2-5-1.1-10, AS AMENDED BY P.L.85-2017,
224	224	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
225	225	3 JULY 1, 2024]: Sec. 10. (a) The Indiana code revision commission is
226	226	4 established. The commission shall function as an advisory body to the
227	227	5 legislative council. In that capacity, the commission shall:
228	228	6 (1) assist the council in supervising the compilation,
229	229	7 computerization, indexing, and printing of the Indiana Code;
230	230	8 (2) assist the council in developing standards for the codification
231	231	9 and revision of statutes to make those statutes clear, concise, and
232	232	10 easy to interpret and to apply;
233	233	11 (3) assist the council, as required by IC 4-22-8-11, with the
234	234	12 publication of the Indiana Register and in the compilation,
235	235	13 computerization, indexing, and printing of the Indiana
236	236	14 Administrative Code;
237	237	15 (4) assist the council, as required by IC 4-22-2-42, in developing
238	238	16 and revising standards, techniques, format, and numbering system
239	239	17 to be used in drafting rules for promulgation;
240	240	18 (5) assist the council in developing and revising standards,
241	241	19 techniques, and format to be used when preparing legislation for
242	242	20 consideration by the Indiana general assembly; and
243	243	21 (6) assist the council with any other related tasks assigned to the
244	244	22 commission by the council.
245	245	23 (b) The commission consists of the following members:
246	246	24 (1) Four (4) members of the house of representatives, not more
247	247	25 than two (2) of whom are members of the same political party, to
248	248	26 be appointed by the speaker of the house of representatives.
249	249	27 (2) Four (4) members of the senate, not more than two (2) of
250	250	28 whom are members of the same political party, to be appointed by
251	251	29 the president pro tempore of the senate.
252	252	30 (3) The chief justice of Indiana or the chief justice's designee.
253	253	31 (4) The chief judge of the Indiana court of appeals or the chief
254	254	32 judge's designee.
255	255	33 (5) The Indiana attorney general or the attorney general's
256	256	34 designee.
257	257	35 (6) An attorney admitted to the practice of law before the Indiana
258	258	36 supreme court selected by the chairman chairperson of the
259	259	37 council.
260	260	38 (7) A present or former professor of law selected by the chairman
261	261	39 chairperson of the council.
262	262	40 (8) The Indiana secretary of state or the secretary of state's
263	263	41 designee.
264	264	42 (9) An individual appointed by the governor.
265	265	2024 IN 1267—LS 6912/DI 92 7
266	266	1 Appointive members of the commission shall be appointed to serve a
267	267	2 term of two (2) years or until their successors are appointed and
268	268	3 qualified. However, an appointing authority may replace a member
269	269	4 appointed under subsection (b)(1) or (b)(2) subdivision (1) or (2) at
270	270	5 any time during the member's term.
271	271	6 (c) IC 2-5-1.2-8.5 applies to the appointment of a chair and a
272	272	7 vice-chair vice chair of the commission.
273	273	8 (d) Commission members serve without compensation other than
274	274	9 per diem and travel allowance as authorized for legislative study
275	275	10 committees.
276	276	11 (e) The commission shall meet as often as is necessary to properly
277	277	12 perform its duties.
278	278	13 (f) The council may direct the legislative services agency to provide
279	279	14 such clerical, research, and administrative personnel and other
280	280	15 assistance as the council considers necessary to enable the commission
281	281	16 to properly perform its duties.
282	282	17 (g) Subject to the authorization of the council, the expenses incurred
283	283	18 by the commission in performing its duties shall be paid from the funds
284	284	19 appropriated to the council.
285	285	20 SECTION 10. IC 2-5-1.2-8.5, AS ADDED BY P.L.53-2014,
286	286	21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
287	287	22 JULY 1, 2024]: Sec. 8.5. (a) The:
288	288	23 (1) chairman chairperson of the legislative council, with the
289	289	24 advice of the vice-chairman, vice chairperson, shall designate the
290	290	25 chair; and
291	291	26 (2) vice-chairman vice chairperson of the legislative council,
292	292	27 with the advice of the chairman, chairperson, shall designate a
293	293	28 vice-chair; vice chair;
294	294	29 of each committee from among the legislative members of the
295	295	30 committee. The chair and vice-chair vice chair of a committee serve
296	296	31 at the pleasure of the appointing authority.
297	297	32 (b) If a committee is a study committee (as defined in IC 2-5-1.3-3)
298	298	33 or another committee on which members serve for two (2) interims or
299	299	34 years, the chairman chairperson and the vice-chairman vice
300	300	35 chairperson of the legislative council may provide that:
301	301	36 (1) the chair of a committee becomes the vice-chair vice chair of
302	302	37 the committee in the year after the individual is appointed as
303	303	38 chair; and
304	304	39 (2) the vice-chair vice chair of the committee becomes the chair
305	305	40 of the committee in the year after the individual is appointed as
306	306	41 vice-chair. vice chair.
307	307	42 SECTION 11. IC 2-5-1.3-15, AS ADDED BY P.L.53-2014,
308	308	2024 IN 1267—LS 6912/DI 92 8
309	309	1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310	310	2 JULY 1, 2024]: Sec. 15. The legislative council may transfer the study
311	311	3 of a legislative topic from the board, commission, or other committee
312	312	4 that is directed by law to study the legislative topic to a study
313	313	5 committee with subject matter jurisdiction closely relating to the
314	314	6 subject matter of the proposed study, as determined by the chairman
315	315	7 chairperson of the legislative council, or to an interim study
316	316	8 committee established under section 14 of this chapter.
317	317	9 SECTION 12. IC 2-5-53-6, AS ADDED BY P.L.249-2023,
318	318	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
319	319	11 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b), (c),
320	320	12 (d), and (e), IC 2-5-1.2 applies to the task force.
321	321	13 (b) The task force consists of the following ten (10) members of the
322	322	14 general assembly:
323	323	15 (1) Three (3) members appointed by the president pro tempore of
324	324	16 the senate.
325	325	17 (2) Two (2) members appointed by the minority leader of the
326	326	18 senate.
327	327	19 (3) Three (3) members appointed by the speaker of the house of
328	328	20 representatives.
329	329	21 (4) Two (2) members appointed by the minority leader of the
330	330	22 house of representatives.
331	331	23 A member of the task force serves at the pleasure of the appointing
332	332	24 authority.
333	333	25 (c) The task force shall meet as called by the chair. All meetings of
334	334	26 the task force shall be open to the public in accordance with and
335	335	27 subject to IC 5-14-1.5. All records of the task force shall be subject to
336	336	28 the requirements of IC 5-14-3.
337	337	29 (d) A majority of the members of the task force constitutes a
338	338	30 quorum. The affirmative vote of at least a majority of the members at
339	339	31 a meeting at which a quorum is present is necessary for the task force
340	340	32 to take official action other than to meet and take testimony.
341	341	33 (e) The:
342	342	34 (1) chairman chairperson of the legislative council shall
343	343	35 designate the chair; and
344	344	36 (2) vice chairman chairperson of the legislative council shall
345	345	37 designate the vice chair;
346	346	38 of the task force from the members of the task force. The chair and vice
347	347	39 chair of the task force serve as chair and vice chair at the pleasure of
348	348	40 the appointing authority.
349	349	41 SECTION 13. IC 2-6-2-6 IS AMENDED TO READ AS FOLLOWS
350	350	42 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) A person shall not use the
351	351	2024 IN 1267—LS 6912/DI 92 9
352	352	1 logotype of the general assembly unless the person:
353	353	2 (1) is a member of the general assembly;
354	354	3 (2) is an employee or agent of the general assembly or an agency
355	355	4 of the general assembly;
356	356	5 (3) is an agency or instrumentality of the general assembly; or
357	357	6 (4) has written authorization of the chairman chairperson and
358	358	7 vice chairman chairperson of the legislative council.
359	359	8 (b) A person who violates this section commits a Class A infraction.
360	360	9 SECTION 14. IC 2-7-1.6-4 IS AMENDED TO READ AS
361	361	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A chairman
362	362	11 chairperson shall be selected for the commission to serve for a term
363	363	12 of one (1) year. The chairman's chairperson's term begins January 1.
364	364	13 The chairman chairperson to serve in even-numbered years shall be
365	365	14 designated by the president pro tempore of the senate, and the
366	366	15 chairman chairperson to serve in odd-numbered years shall be
367	367	16 designated by the speaker of the house of representatives.
368	368	17 SECTION 15. IC 3-3-2-2, AS AMENDED BY P.L.133-2021,
369	369	18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
370	370	19 JULY 1, 2024]: Sec. 2. (a) This subsection applies only to the first
371	371	20 regular session of the one hundred twenty-second general assembly. If
372	372	21 the general assembly adjourns sine die before November 15, 2021,
373	373	22 without having complied with the requirements of section 1 of this
374	374	23 chapter, a redistricting commission is established. The redistricting
375	375	24 commission consists of the speaker of the house, the president pro tem
376	376	25 of the senate, the chairpersons of the senate and house committees
377	377	26 responsible for legislative apportionment, and a fifth member
378	378	27 appointed by the governor from the membership of the general
379	379	28 assembly.
380	380	29 (b) This subsection applies to a session of the general assembly
381	381	30 beginning after November 15, 2021. If a session of the general
382	382	31 assembly adjourns without having complied with the requirements of
383	383	32 section 1 of this chapter or if for any other reason at any time the state
384	384	33 finds itself without a valid congressional district law, a redistricting
385	385	34 commission shall be established which shall consist of the speaker of
386	386	35 the house, the president pro tem of the senate, the chairman
387	387	36 chairpersons of the senate and house committees responsible for
388	388	37 legislative apportionment and a fifth member who shall be appointed
389	389	38 by the governor from the membership of the general assembly.
390	390	39 (c) The redistricting commission shall meet within thirty (30) days
391	391	40 after adjournment of the general assembly at a time and place
392	392	41 designated by the president pro tem of the senate and shall adopt a
393	393	42 congressional redistricting plan in accordance with this chapter.
394	394	2024 IN 1267—LS 6912/DI 92 10
395	395	1 (d) Any plan so adopted shall be signed by a majority of the
396	396	2 redistricting committee and submitted to the governor who forthwith
397	397	3 shall issue and publish the governor's executive order establishing
398	398	4 congressional districts in accordance with the plan so adopted and
399	399	5 directing the commission to place such congressional districts in effect
400	400	6 for the primary and general elections next succeeding such general
401	401	7 assembly. Congressional districts so established shall continue in effect
402	402	8 until changed by statute.
403	403	9 SECTION 16. IC 3-5-1-2 IS AMENDED TO READ AS FOLLOWS
404	404	10 [EFFECTIVE JULY 1, 2024]: Sec. 2. The types of elections to which
405	405	11 this title applies are classified as follows:
406	406	12 (1) General election, which is conducted statewide on the first
407	407	13 Tuesday after the first Monday in November of each
408	408	14 even-numbered year.
409	409	15 (2) Municipal election, in which the electorate of a municipality
410	410	16 chooses by ballot public officials for the municipality or decides
411	411	17 a public question lawfully submitted to the electorate of the
412	412	18 municipality.
413	413	19 (3) Primary election, which is conducted for the purpose of
414	414	20 choosing by ballot the following:
415	415	21 (A) The candidates who will be the nominees of a political
416	416	22 party for elected offices in a general or municipal election.
417	417	23 (B) The precinct committeemen committee persons of a
418	418	24 political party.
419	419	25 (C) The delegates to a political party's state convention.
420	420	26 (4) School district election, in which the electorate of a school
421	421	27 district chooses by ballot members of the school board.
422	422	28 (5) Special election, which is conducted for a special purpose as
423	423	29 provided by law.
424	424	30 SECTION 17. IC 3-5-2-9 IS AMENDED TO READ AS FOLLOWS
425	425	31 [EFFECTIVE JULY 1, 2024]: Sec. 9. "Chairman" "Chairperson"
426	426	32 refers to the chairman chairperson of a central committee as follows:
427	427	33 (1) State chairman, chairman chairperson, chairperson of a state
428	428	34 committee.
429	429	35 (2) District chairman, chairman chairperson, chairperson of a
430	430	36 congressional district committee.
431	431	37 (3) County chairman, chairman chairperson, chairperson of a
432	432	38 county committee.
433	433	39 (4) City chairman, chairman chairperson, chairperson of a city
434	434	40 committee.
435	435	41 (5) Town chairman, chairman chairperson, chairperson of a
436	436	42 town committee.
437	437	2024 IN 1267—LS 6912/DI 92 11
438	438	1 SECTION 18. IC 3-5-2-17 IS AMENDED TO READ AS
439	439	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. "Elected office"
440	440	3 means a federal office, state office, legislative office, school board
441	441	4 office, or local office. Political party offices (such as precinct
442	442	5 committeeman committee person and state convention delegate) are
443	443	6 not considered to be elected offices.
444	444	7 SECTION 19. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023,
445	445	8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
446	446	9 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized
447	447	10 or required under this title, a filing by a person with a commission, the
448	448	11 election division, an election board, or a county voter registration office
449	449	12 may not be made by fax or electronic mail.
450	450	13 (b) A petition of nomination filed with a county voter registration
451	451	14 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to
452	452	15 place a public question on the ballot, or any other petition filed that
453	453	16 requires the county voter registration office to certify the validity of
454	454	17 signatures, may not contain the electronic signature, including a
455	455	18 signature described in IC 26-2-8-106, digital signature, digitized
456	456	19 signature, or photocopied signature of a voter.
457	457	20 (c) An electronic signature, digital signature, digitized signature, or
458	458	21 photocopied signature of a candidate, campaign finance committee
459	459	22 chairman, chairperson, or campaign finance committee treasurer may
460	460	23 be used for campaign finance statements and reports filed under IC 3-9.
461	461	24 SECTION 20. IC 3-5-4-8, AS AMENDED BY P.L.227-2023,
462	462	25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
463	463	26 JULY 1, 2024]: Sec. 8. (a) This section does not apply to a form
464	464	27 incorporated only into the statewide voter registration system under
465	465	28 IC 3-7-26.3-3 by the secretary of state, with the consent of the
466	466	29 codirectors of the election division.
467	467	30 (b) Except as provided in subsection (f), but notwithstanding any
468	468	31 other statute, whenever the election division acts under IC 3-6-4.2-12
469	469	32 to approve a uniform election or registration form for use throughout
470	470	33 Indiana or to approve a revision to an existing form, a person must use
471	471	34 the most recent version of the form approved by the election division
472	472	35 to comply with this title after the effective date of the election division's
473	473	36 order approving the form.
474	474	37 (c) Except as provided in subsection (e) or (g), before an order
475	475	38 approving a form takes effect under this section, the election division
476	476	39 shall transmit a copy of each form or revised form approved by the
477	477	40 order to the following:
478	478	41 (1) Each circuit court clerk, if the election division determines
479	479	42 that the form is primarily used by a candidate, a county election
480	480	2024 IN 1267—LS 6912/DI 92 12
481	481	1 board member, a county or town political party, or for absentee or
482	482	2 provisional ballot purposes.
483	483	3 (2) Each county voter registration office, if the election division
484	484	4 determines that the form is primarily used in voter registration.
485	485	5 (3) The state chairman chairperson of each major political party.
486	486	6 (4) The state chairman chairperson of any other political party
487	487	7 who has filed a written request with the election division during
488	488	8 the preceding twelve (12) months to be furnished with copies of
489	489	9 forms.
490	490	10 (d) The election division, an election board, a circuit court clerk, a
491	491	11 county voter registration office, or any other official responsible for
492	492	12 receiving a filing under this title shall reject a filing that does not
493	493	13 comply with this section.
494	494	14 (e) The election division shall specify the effective date of the form
495	495	15 or revised form and may do any of the following:
496	496	16 (1) Delay the effective date of the approval of a form or revised
497	497	17 form.
498	498	18 (2) Permit an earlier approved version of the form or an
499	499	19 alternative form to be used before the effective date of the form.
500	500	20 (3) Provide for a retroactive effective date for the approval of the
501	501	21 form.
502	502	22 (f) The election division may allow an earlier approved version of
503	503	23 the form to be used if the:
504	504	24 (1) earlier version of the form complies with all other
505	505	25 requirements imposed under federal law or this title; and
506	506	26 (2) election division determines that the existing stock of the form
507	507	27 should be exhausted to prevent waste and unnecessary expense.
508	508	28 (g) This subsection applies to a form that the election division
509	509	29 determines is used primarily by the election division. The election
510	510	30 division may provide that an order concerning a form described by this
511	511	31 subsection is effective immediately upon adoption, without any
512	512	32 requirement to distribute the form to other persons.
513	513	33 (h) A form approved by the commission under this section before
514	514	34 July 1, 2015, is considered to be approved by the election division
515	515	35 without any further action by the election division being required.
516	516	36 SECTION 21. IC 3-5-7-1 IS AMENDED TO READ AS FOLLOWS
517	517	37 [EFFECTIVE JULY 1, 2024]: Sec. 1. This chapter does not apply to
518	518	38 the following:
519	519	39 (1) A candidate for precinct committeeman. committee person.
520	520	40 (2) A candidate for delegate to a political party convention.
521	521	41 SECTION 22. IC 3-6-1-15 IS AMENDED TO READ AS
522	522	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. Notwithstanding
523	523	2024 IN 1267—LS 6912/DI 92 13
524	524	1 any other statute, an individual serving in any of the following political
525	525	2 party offices is not considered to be holding an office for purposes of
526	526	3 Article 15 of the Constitution of the State of Indiana:
527	527	4 (1) Precinct committeeman. committee person.
528	528	5 (2) Precinct vice committeeman. committee person.
529	529	6 (3) State convention delegate.
530	530	7 (4) Chair or other officer of a central committee.
531	531	8 (5) Any other political party office (as defined in IC 3-5-2-17).
532	532	9 SECTION 23. IC 3-6-2-1, AS AMENDED BY P.L.124-2012,
533	533	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
534	534	11 JULY 1, 2024]: Sec. 1. Each political party whose nominee received at
535	535	12 least ten percent (10%) of the votes cast in the state for secretary of
536	536	13 state at the last election for that office may have precinct
537	537	14 committeemen committee persons elected at the same time as a
538	538	15 primary election in accordance with IC 3-10-1-4.5 or IC 3-10-1-4.6 if
539	539	16 provided by the rules of the political party.
540	540	17 SECTION 24. IC 3-6-2-10.5, AS AMENDED BY P.L.278-2019,
541	541	18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
542	542	19 JULY 1, 2024]: Sec. 10.5. The county chairman chairperson of a
543	543	20 major political party shall, upon the request of a person who is serving
544	544	21 in an elected office (as defined in IC 3-5-2-17), provide to that person
545	545	22 the name and address of the precinct committeeman committee person
546	546	23 and vice committeeman committee person of that party for each
547	547	24 precinct in the county.
548	548	25 SECTION 25. IC 3-6-3-6, AS AMENDED BY P.L.225-2011,
549	549	26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
550	550	27 JULY 1, 2024]: Sec. 6. (a) After the state chairman chairperson of a
551	551	28 political party files a statement with the election division certifying that
552	552	29 the party's name has been changed in accordance with all applicable
553	553	30 party rules, a political party shall be known by the political party's new
554	554	31 name, and the party has all the rights it had under its former name.
555	555	32 (b) If the state chairman chairperson of a political party files a
556	556	33 statement under subsection (a) after the printing of ballots for use at an
557	557	34 election conducted under this title has begun, the election board
558	558	35 responsible for printing the ballots is not required to alter the ballots to
559	559	36 state the new name of the political party.
560	560	37 SECTION 26. IC 3-6-4.1-4 IS AMENDED TO READ AS
561	561	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Before May 1 of
562	562	39 a year that the term of a member of the commission expires, the state
563	563	40 chairman chairperson of the major political party of the state
564	564	41 represented by that member may nominate, in writing, two (2)
565	565	42 individuals of the state chairman's chairperson's own political party
566	566	2024 IN 1267—LS 6912/DI 92 14
567	567	1 to succeed the member whose term will expire.
568	568	2 (b) The state chairman chairperson of a political party may
569	569	3 nominate the individual whose term will expire that year to serve a new
570	570	4 term.
571	571	5 (c) If the state chairman chairperson makes the nominations before
572	572	6 May 1, the governor shall appoint one (1) of the nominees to the
573	573	7 commission.
574	574	8 (d) If the state chairman chairperson fails to make the nominations
575	575	9 before May 1, the governor shall, within another ten (10) days, appoint
576	576	10 a member of the same political party as the state chairman.
577	577	11 chairperson. The state chairman chairperson may disapprove the
578	578	12 selection by notifying the governor within seven (7) days after
579	579	13 receiving notice of the governor's appointment.
580	580	14 (e) If the state chairman chairperson disapproves the selection
581	581	15 within the seven (7) day period under subsection (d), the governor shall
582	582	16 make another appointment under subsection (d) that is also subject to
583	583	17 the disapproval of the state chairman chairperson under subsection
584	584	18 (d).
585	585	19 (f) If the state chairman chairperson does not disapprove an
586	586	20 appointment under subsection (d) within the seven (7) day period, the
587	587	21 individual appointed by the governor is a member of the commission.
588	588	22 SECTION 27. IC 3-6-4.1-5 IS AMENDED TO READ AS
589	589	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If a member of
590	590	24 the commission resigns, dies, or becomes unable to serve on the
591	591	25 commission, the governor shall notify the state chairman chairperson
592	592	26 of the major political party of the state represented by the member.
593	593	27 (b) The state chairman chairperson may nominate in writing,
594	594	28 within ten (10) days after notice of the vacancy, two (2) individuals of
595	595	29 the state chairman's chairperson's own political party to succeed the
596	596	30 member. If the state chairman chairperson makes the nominations
597	597	31 within ten (10) days, the governor shall appoint one (1) of the nominees
598	598	32 to the commission.
599	599	33 (c) If the state chairman chairperson fails to make the nominations
600	600	34 within ten (10) days, the governor shall, within another ten (10) days,
601	601	35 appoint a member of the same political party as the state chairman.
602	602	36 chairperson. The state chairman chairperson may disapprove the
603	603	37 selection by notifying the governor within seven (7) days after
604	604	38 receiving notice of the governor's appointment.
605	605	39 (d) If the state chairman chairperson disapproves the selection
606	606	40 within the seven (7) day period under subsection (c), the governor shall
607	607	41 make another appointment under subsection (c) that is also subject to
608	608	42 the disapproval of the state chairman chairperson under subsection
609	609	2024 IN 1267—LS 6912/DI 92 15
610	610	1 (c).
611	611	2 (e) If the state chairman chairperson does not disapprove an
612	612	3 appointment under subsection (c) within the seven (7) day period, the
613	613	4 individual appointed by the governor is a member of the commission.
614	614	5 SECTION 28. IC 3-6-4.2-8 IS AMENDED TO READ AS
615	615	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) When a vacancy
616	616	7 in a co-director position occurs, the secretary of state shall notify the
617	617	8 governor and the state chairman chairperson of the political party of
618	618	9 which the individual vacating the position is a member.
619	619	10 (b) The state chairman chairperson may submit to the governor in
620	620	11 writing, within thirty (30) days after notice of the vacancy, the names
621	621	12 of two (2) individuals to fill the vacancy. If the state chairman
622	622	13 chairperson submits the names of two (2) individuals within the thirty
623	623	14 (30) day period, the governor shall appoint one (1) of the two (2)
624	624	15 individuals to fill the vacancy. If the state chairman chairperson fails
625	625	16 to submit the names of two (2) individuals within the thirty (30) day
626	626	17 period, the governor shall, within another ten (10) days, appoint an
627	627	18 individual of the same political party as the state chairman chairperson
628	628	19 to fill the vacancy.
629	629	20 (c) If a state chairman chairperson fails to submit in writing the
630	630	21 name of a qualified successor within thirty (30) days after the state
631	631	22 chairman chairperson is notified by the secretary of state of a vacancy,
632	632	23 the governor shall:
633	633	24 (1) appoint a member of the political party of the state chairman
634	634	25 chairperson to fill the vacancy; and
635	635	26 (2) notify the state chairman chairperson of the selection.
636	636	27 (d) The state chairman chairperson may disapprove the selection
637	637	28 by notifying the governor within seven (7) days after receiving notice
638	638	29 of the governor's appointment. If the state chairman chairperson
639	639	30 disapproves the selection within the seven (7) day period, the governor
640	640	31 shall make another appointment under subsection (b) which is subject
641	641	32 to disapproval of the state chairman chairperson under this subsection.
642	642	33 If the state chairman chairperson does not disapprove the appointment
643	643	34 within the seven (7) day period, the individual appointed by the
644	644	35 governor shall be employed as the co-director.
645	645	36 SECTION 29. IC 3-6-5-5 IS AMENDED TO READ AS FOLLOWS
646	646	37 [EFFECTIVE JULY 1, 2024]: Sec. 5. The county chairman
647	647	38 chairperson of each of the major political parties of a county may
648	648	39 nominate, in writing, a member of the chairman's chairperson's party
649	649	40 for appointment to the county election board. The circuit court clerk
650	650	41 shall appoint the nominee to the board.
651	651	42 SECTION 30. IC 3-6-5-6 IS AMENDED TO READ AS FOLLOWS
652	652	2024 IN 1267—LS 6912/DI 92 16
653	653	1 [EFFECTIVE JULY 1, 2024]: Sec. 6. A circuit court clerk shall remove
654	654	2 any member of the county election board upon the request of the
655	655	3 county chairman chairperson of the political party that nominated that
656	656	4 member. The clerk then shall appoint a new member nominated by the
657	657	5 county chairman. chairperson.
658	658	6 SECTION 31. IC 3-6-5-7 IS AMENDED TO READ AS FOLLOWS
659	659	7 [EFFECTIVE JULY 1, 2024]: Sec. 7. In case of a vacancy in the office
660	660	8 of either appointee to a county election board, the circuit court clerk
661	661	9 shall, within five (5) days, send written notice of the vacancy to the
662	662	10 county chairman chairperson of the appointee's political party. The
663	663	11 chairman chairperson may, within five (5) days after receiving notice
664	664	12 of the vacancy, nominate in writing a successor who shall be appointed.
665	665	13 If the chairman chairperson fails to make a nomination within the five
666	666	14 (5) day period, the clerk shall, within another five (5) days, appoint a
667	667	15 member of the political party entitled to the appointment.
668	668	16 SECTION 32. IC 3-6-5-8 IS AMENDED TO READ AS FOLLOWS
669	669	17 [EFFECTIVE JULY 1, 2024]: Sec. 8. The members of a county
670	670	18 election board shall select one (1) of the appointed members to serve
671	671	19 as chairman. chairperson. The circuit court clerk shall serve as
672	672	20 secretary of the board.
673	673	21 SECTION 33. IC 3-6-5-11 IS AMENDED TO READ AS
674	674	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The chairman
675	675	23 chairperson of a county election board shall call a meeting of the
676	676	24 board whenever the chairman chairperson considers it necessary for
677	677	25 the performance of the board's duties.
678	678	26 SECTION 34. IC 3-6-5-12 IS AMENDED TO READ AS
679	679	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. If the chairman
680	680	28 chairperson of a county election board for any reason fails to call a
681	681	29 meeting of the board, then the two (2) other members may meet to
682	682	30 execute the powers and perform the duties of the board.
683	683	31 SECTION 35. IC 3-6-5-14, AS AMENDED BY P.L.258-2013,
684	684	32 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
685	685	33 JULY 1, 2024]: Sec. 14. (a) Each county election board, in addition to
686	686	34 duties otherwise prescribed by law, shall do the following:
687	687	35 (1) Conduct all elections and administer the election laws within
688	688	36 the county, except as provided in IC 3-8-5 and IC 3-10-7 for town
689	689	37 conventions and municipal elections in certain small towns.
690	690	38 (2) Prepare all ballots.
691	691	39 (3) Distribute all ballots to all of the precincts in the county.
692	692	40 (b) Not later than the Monday before distributing ballots and voting
693	693	41 systems to the precincts in the county, the county election board shall
694	694	42 notify the county chairman chairperson of each major political party
695	695	2024 IN 1267—LS 6912/DI 92 17
696	696	1 and, upon request, the chairman chairperson of any other bona fide
697	697	2 political party in the county, that sample ballots are available for
698	698	3 inspection.
699	699	4 SECTION 36. IC 3-6-5-15, AS AMENDED BY P.L.74-2017,
700	700	5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
701	701	6 JULY 1, 2024]: Sec. 15. (a) Except as provided in subsection (b), this
702	702	7 section applies when an election is conducted in a political subdivision
703	703	8 (as defined in IC 36-1-2-13 and other than a county) that contains
704	704	9 territory in more than one (1) county.
705	705	10 (b) This section does not apply to an election:
706	706	11 (1) conducted at the same time as a primary or general election
707	707	12 during an even-numbered year; or
708	708	13 (2) conducted in a town by a town election board under IC 3-10-7.
709	709	14 (c) To the extent authorized by this section, the county election
710	710	15 board of the county that contains the greatest percentage of population
711	711	16 of the political subdivision shall conduct all elections for the political
712	712	17 subdivision. The county election board may designate polling places
713	713	18 for the election, which may be located in any county in which the
714	714	19 political subdivision is located, and shall appoint precinct election
715	715	20 officers to conduct the election upon nomination by the county
716	716	21 chairman chairperson of the county where the precinct is located, or
717	717	22 by filling a vacancy if a nomination is not timely made. However, each
718	718	23 county election board shall provide poll lists for voters, receive and
719	719	24 approve absentee ballot applications, issue certificates of error or other
720	720	25 documents for the voters of that county, print ballots for the municipal
721	721	26 or special election, and conduct activity required to canvass the votes
722	722	27 under IC 3-12-5-2(b).
723	723	28 SECTION 37. IC 3-6-5-21 IS AMENDED TO READ AS
724	724	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. The county
725	725	30 chairmen chairpersons of the major political parties of a county shall
726	726	31 designate the deputy election commissioners. The deputy election
727	727	32 commissioners must be divided equally between the major political
728	728	33 parties.
729	729	34 SECTION 38. IC 3-6-5.2-4 IS AMENDED TO READ AS
730	730	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The combined board
731	731	36 is comprised of the following five (5) members:
732	732	37 (1) The county chairmen chairpersons of the major political
733	733	38 parties of the county shall each appoint two (2) members of the
734	734	39 board. Members of the board appointed under this subdivision
735	735	40 must be voters of the county and serve a term of two (2) years or
736	736	41 until their successors are appointed.
737	737	42 (2) The circuit court clerk, who is an ex officio member of the
738	738	2024 IN 1267—LS 6912/DI 92 18
739	739	1 board.
740	740	2 SECTION 39. IC 3-6-5.2-7 IS AMENDED TO READ AS
741	741	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board may
742	742	4 vest day to day operations in a director of the board and in an assistant
743	743	5 director of the board.
744	744	6 (b) The director of the board is appointed by the county chairman
745	745	7 chairperson of the political party whose nominee received the highest
746	746	8 number of votes in the county for secretary of state in the last election.
747	747	9 (c) The assistant director of the board is appointed by the county
748	748	10 chairman chairperson of the political party whose nominee received
749	749	11 the second highest number of votes in the county for secretary of state
750	750	12 in the last election.
751	751	13 (d) The assistant director shall receive an annual salary of not less
752	752	14 than two thousand dollars ($2,000) less than the salary of the director.
753	753	15 (e) The board shall establish the number and compensation of the
754	754	16 employees of the board. The county chairman chairperson of each of
755	755	17 the major political parties in the county shall appoint one-half (1/2) of
756	756	18 the board employees. The director, the assistant director, and the board
757	757	19 employees serve at the pleasure of their respective appointing
758	758	20 authorities.
759	759	21 SECTION 40. IC 3-6-5.4-4 IS AMENDED TO READ AS
760	760	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The board
761	761	23 consists of the following:
762	762	24 (1) One (1) member appointed by the county chairman
763	763	25 chairperson of each of the major political parties of the county.
764	764	26 A member appointed under this subdivision must be a voter of the
765	765	27 county.
766	766	28 (2) The circuit court clerk, who serves as an ex officio member of
767	767	29 the board.
768	768	30 (b) The board members serving under subsection (a)(1) serve at the
769	769	31 pleasure of their respective county chairman. chairperson.
770	770	32 SECTION 41. IC 3-6-5.4-6 IS AMENDED TO READ AS
771	771	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Each board member
772	772	34 described in section 4(a)(1) of this chapter may, subject to the approval
773	773	35 of the county chairman chairperson that appointed the board member,
774	774	36 appoint a deputy to assist the board member.
775	775	37 SECTION 42. IC 3-6-5.4-7 IS AMENDED TO READ AS
776	776	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board shall
777	777	39 appoint employees to perform the board's election and registration
778	778	40 duties under this title.
779	779	41 (b) The board may appoint an individual as an employee only upon
780	780	42 the nomination by the county chairman chairperson of one (1) of the
781	781	2024 IN 1267—LS 6912/DI 92 19
782	782	1 major political parties of the county.
783	783	2 (c) The staff of the board must be equally divided between the major
784	784	3 political parties of the county.
785	785	4 (d) The board may designate and assign an employee to election or
786	786	5 registration duties subject to the consent of the county chairman
787	787	6 chairperson that nominated the employee to be a member of the staff.
788	788	7 (e) An employee of the board may be cross-trained and assist other
789	789	8 employees of the board with other duties subject to the direction of the
790	790	9 board.
791	791	10 (f) The board shall make final determinations with respect to the
792	792	11 duties and assignments of employees of the board.
793	793	12 SECTION 43. IC 3-6-5.6-4, AS AMENDED BY P.L.156-2020,
794	794	13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
795	795	14 JULY 1, 2024]: Sec. 4. The board is comprised of the following five (5)
796	796	15 members:
797	797	16 (1) The county chairmen chairpersons of the major political
798	798	17 parties of the county shall each appoint two (2) members of the
799	799	18 board. Members of the board appointed under this subdivision:
800	800	19 (A) must be voters of the county; and
801	801	20 (B) serve a term of two (2) years or until their successors are
802	802	21 appointed.
803	803	22 (2) The circuit court clerk, who is an ex officio member of the
804	804	23 board.
805	805	24 SECTION 44. IC 3-6-6-1 IS AMENDED TO READ AS FOLLOWS
806	806	25 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided
807	807	26 by law, each county election board shall appoint a precinct election
808	808	27 board for each precinct in the county.
809	809	28 (b) A precinct election board consists of the following:
810	810	29 (1) One (1) inspector.
811	811	30 (2) Two (2) judges.
812	812	31 (c) Each county chairman chairperson of a major political party of
813	813	32 the county is entitled to nominate one (1) judge under section 9 of this
814	814	33 chapter.
815	815	34 (d) Each inspector and judge must be a voter of the county.
816	816	35 (e) The inspector serves as the chairman chairperson of the
817	817	36 precinct election board.
818	818	37 SECTION 45. IC 3-6-6-2 IS AMENDED TO READ AS FOLLOWS
819	819	38 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as provided in section
820	820	39 38 of this chapter, each county election board shall appoint two (2) poll
821	821	40 clerks for each precinct in the county.
822	822	41 (b) Each county chairman chairperson of a major political party of
823	823	42 the county is entitled to nominate one (1) poll clerk under section 9 of
824	824	2024 IN 1267—LS 6912/DI 92 20
825	825	1 this chapter.
826	826	2 (c) Except as provided in section 39 of this chapter, the poll clerks
827	827	3 must be voters of the county.
828	828	4 SECTION 46. IC 3-6-6-3 IS AMENDED TO READ AS FOLLOWS
829	829	5 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each county election board
830	830	6 may appoint two (2) assistant poll clerks in each precinct.
831	831	7 (b) Each county chairman chairperson of a major political party of
832	832	8 the county is entitled to nominate one (1) assistant poll clerk under
833	833	9 section 9 of this chapter.
834	834	10 (c) Except as provided in subsection (d), the assistant poll clerks
835	835	11 must be voters of the county.
836	836	12 (d) The county election board may permit a person who is not a
837	837	13 voter to be an assistant poll clerk if the person is:
838	838	14 (1) at least sixteen (16) years of age, but not more than seventeen
839	839	15 (17) years of age; and
840	840	16 (2) a resident of the county.
841	841	17 SECTION 47. IC 3-6-6-4 IS AMENDED TO READ AS FOLLOWS
842	842	18 [EFFECTIVE JULY 1, 2024]: Sec. 4. A county election board shall
843	843	19 adopt a written resolution not later than twenty-eight (28) days before
844	844	20 election day designating the precincts for which assistant clerks are to
845	845	21 be appointed. The county election board shall file a copy of the
846	846	22 resolution in the office of the circuit court clerk and shall mail copies
847	847	23 to the county chairmen chairpersons of the major political parties of
848	848	24 the county.
849	849	25 SECTION 48. IC 3-6-6-5 IS AMENDED TO READ AS FOLLOWS
850	850	26 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided in section
851	851	27 38 of this chapter, each county election board shall appoint two (2)
852	852	28 election sheriffs for each precinct in the county.
853	853	29 (b) Each county chairman chairperson of a major political party of
854	854	30 the county is entitled to nominate one (1) election sheriff under section
855	855	31 9 of this chapter.
856	856	32 (c) Except as provided in section 39 of this chapter, the sheriffs
857	857	33 must be voters of the county.
858	858	34 SECTION 49. IC 3-6-6-7, AS AMENDED BY P.L.227-2023,
859	859	35 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
860	860	36 JULY 1, 2024]: Sec. 7. (a) An otherwise qualified person is eligible to
861	861	37 serve as a precinct election officer unless any of the following apply:
862	862	38 (1) The person is unable to read, write, and speak the English
863	863	39 language.
864	864	40 (2) The person has any property bet or wagered on the result of
865	865	41 the election.
866	866	42 (3) The person is a candidate to be voted for at the election in the
867	867	2024 IN 1267—LS 6912/DI 92 21
868	868	1 precinct, except as an unopposed candidate for a precinct
869	869	2 committeeman committee person or state convention delegate.
870	870	3 (4) The person is the spouse, parent, father-in-law, mother-in-law,
871	871	4 child, son-in-law, daughter-in-law, grandparent, grandchild,
872	872	5 brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew,
873	873	6 or niece of a candidate or declared write-in candidate to be voted
874	874	7 for at the election in that precinct. This subdivision disqualifies a
875	875	8 person whose relationship to the candidate is the result of birth,
876	876	9 marriage, or adoption. This subdivision does not disqualify a
877	877	10 person from serving as a precinct election officer if the candidate
878	878	11 to whom the person is related is an unopposed candidate. For
879	879	12 purposes of this subdivision, an "unopposed candidate" includes
880	880	13 an individual whose nomination to an office at a primary election
881	881	14 is unopposed by any other candidate within the same political
882	882	15 party.
883	883	16 (5) The person did not attend training required by section 40 of
884	884	17 this chapter.
885	885	18 (b) In addition to the requirements of subsection (a), a person is not
886	886	19 eligible to serve as an inspector if the person is the chairman
887	887	20 chairperson or treasurer of the committee of a candidate whose name
888	888	21 appears on the ballot.
889	889	22 (c) The county election board may, upon the unanimous vote of the
890	890	23 entire membership of the county election board, adopt a resolution to
891	891	24 permit individuals who are:
892	892	25 (1) opposed candidates for precinct committeeman committee
893	893	26 person or state convention delegate; or
894	894	27 (2) related, as described in subsection (a)(4), to opposed
895	895	28 candidates for precinct committeeman committee person or state
896	896	29 convention delegate;
897	897	30 notwithstanding subsection (a)(3) and (a)(4), to serve as a precinct
898	898	31 election officer if the county election board finds that enough
899	899	32 individuals are not available to serve as precinct election officers if the
900	900	33 restrictions of those provisions are applied. A resolution adopted under
901	901	34 this subsection expires December 31 of the year that the resolution is
902	902	35 adopted.
903	903	36 SECTION 50. IC 3-6-6-8 IS AMENDED TO READ AS FOLLOWS
904	904	37 [EFFECTIVE JULY 1, 2024]: Sec. 8. The county chairman
905	905	38 chairperson of the major political party whose candidate for the office
906	906	39 of secretary of state received the highest vote in the county at the last
907	907	40 election may nominate a voter for the office of inspector.
908	908	41 SECTION 51. IC 3-6-6-9 IS AMENDED TO READ AS FOLLOWS
909	909	42 [EFFECTIVE JULY 1, 2024]: Sec. 9. The county chairmen
910	910	2024 IN 1267—LS 6912/DI 92 22
911	911	1 chairpersons of the major political parties of a county may nominate
912	912	2 individuals who meet the requirements of section 7 or 39 of this
913	913	3 chapter for the following precinct election offices who will serve in the
914	914	4 precinct on election day:
915	915	5 (1) Judge.
916	916	6 (2) Poll clerk.
917	917	7 (3) Assistant poll clerk.
918	918	8 (4) Election sheriff.
919	919	9 SECTION 52. IC 3-6-6-10 IS AMENDED TO READ AS
920	920	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A county
921	921	11 chairman chairperson may make nominations for precinct election
922	922	12 offices by filing the nominations in writing with the circuit court clerk
923	923	13 not later than noon twenty-one (21) days before the election.
924	924	14 (b) This subsection does not apply to the office of precinct
925	925	15 inspector. A county chairman chairperson may specify in the
926	926	16 nomination of an individual for a precinct election office that the
927	927	17 individual is nominated to serve until noon on election day and that
928	928	18 another individual is nominated to serve in the same precinct election
929	929	19 office beginning at noon on election day until the expiration of the term
930	930	20 of the office under section 37(b) of this chapter.
931	931	21 SECTION 53. IC 3-6-6-11 IS AMENDED TO READ AS
932	932	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) A county
933	933	23 election board shall appoint the individuals who are nominated for
934	934	24 precinct election offices by the county chairmen chairpersons if the
935	935	25 individuals are otherwise eligible under this chapter to serve in the
936	936	26 precinct election offices for which they are nominated.
937	937	27 (b) This subsection does not apply to the office of precinct
938	938	28 inspector. This subsection applies to an appointment to a precinct
939	939	29 election office made following a nomination by a county chairman
940	940	30 chairperson under this chapter. The county election board shall
941	941	31 provide that an appointment of an individual to a precinct election
942	942	32 office:
943	943	33 (1) expires at noon on election day; or
944	944	34 (2) begins at noon on election day and expires under section 37(b)
945	945	35 of this chapter;
946	946	36 if the nomination made by the county chairman chairperson specifies
947	947	37 that the nomination is made for a term that begins or expires at those
948	948	38 times.
949	949	39 (c) This subsection does not apply to the office of precinct inspector.
950	950	40 This subsection applies to an appointment to a precinct election office
951	951	41 made by a county election board under section 13(b) of this chapter.
952	952	42 The county election board may appoint an individual to a precinct
953	953	2024 IN 1267—LS 6912/DI 92 23
954	954	1 election office for a term that:
955	955	2 (1) expires at noon on election day; or
956	956	3 (2) begins at noon on election day and expires under section 37(b)
957	957	4 of this chapter.
958	958	5 SECTION 54. IC 3-6-6-13, AS AMENDED BY P.L.108-2021,
959	959	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
960	960	7 JULY 1, 2024]: Sec. 13. (a) A county election board shall fill a vacancy
961	961	8 in a precinct election office before the hour set for the opening of the
962	962	9 polls, upon the nomination of the appropriate county chairman.
963	963	10 chairperson.
964	964	11 (b) This subsection applies to a precinct election office when, at
965	965	12 noon, twenty-one (21) days before election day, the appropriate county
966	966	13 chairman chairperson has made no nomination for the office. The
967	967	14 county election board, by majority vote of the board, may fill the office
968	968	15 by appointing an individual who would be eligible to serve in the office
969	969	16 if nominated by the county chairman. chairperson.
970	970	17 (c) If a vacancy is filled by the county election board under
971	971	18 subsection (b), the board may, by unanimous vote of the entire
972	972	19 membership of the board, fill the office by appointing a student:
973	973	20 (1) enrolled at a postsecondary educational institution (including
974	974	21 a community college); and
975	975	22 (2) who is a registered voter of the county;
976	976	23 to serve as a nonpartisan precinct election officer.
977	977	24 (d) If a vacancy is filled by the county election board under
978	978	25 subsection (b) (other than inspector), the board may, by unanimous
979	979	26 vote of the entire membership of the board, fill the office by appointing
980	980	27 a person eligible to serve as a precinct election officer (other than
981	981	28 inspector) under section 39 of this chapter.
982	982	29 SECTION 55. IC 3-6-6-14 IS AMENDED TO READ AS
983	983	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) This section
984	984	31 does not apply to a vacancy in the office of election sheriff in a precinct
985	985	32 that is subject to a resolution adopted under section 5 of this chapter.
986	986	33 (b) If a precinct election officer fails to appear at the hour set for the
987	987	34 opening of the polls, or if a precinct election office becomes vacant
988	988	35 during election day, the remaining members of the precinct election
989	989	36 board shall fill the vacancy upon the nomination of the highest ranking
990	990	37 precinct election officer nominated by the county chairman
991	991	38 chairperson of the same political party whose county chairman
992	992	39 chairperson was entitled to nominate the holder of the office to be
993	993	40 filled.
994	994	41 (c) If a county chairman chairperson fails to nominate the
995	995	42 individual appointed to make a nomination to fill a vacant precinct
996	996	2024 IN 1267—LS 6912/DI 92 24
997	997	1 election office under subsection (b), the individual appointed by the
998	998	2 county election board to this precinct election office under section
999	999	3 13(b) of this chapter is entitled to make the nomination to fill the
1000	1000	4 vacant precinct office under this section.
1001	1001	5 (d) For the purpose of these nominations, the rank of precinct
1002	1002	6 election officers is as follows:
1003	1003	7 (1) Inspector.
1004	1004	8 (2) Judge.
1005	1005	9 (3) Poll clerk.
1006	1006	10 (4) Assistant poll clerk.
1007	1007	11 (5) Election sheriff.
1008	1008	12 SECTION 56. IC 3-6-6-16 IS AMENDED TO READ AS
1009	1009	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. Upon notification
1010	1010	14 that a vacancy has been filled by a precinct election board under
1011	1011	15 section 14 of this chapter, a county election board shall:
1012	1012	16 (1) upon written approval of the appropriate county chairman,
1013	1013	17 chairperson, confirm the appointment by issuance of proper
1014	1014	18 credentials to the precinct election officer so appointed and
1015	1015	19 approved; or
1016	1016	20 (2) upon nomination by the appropriate county chairman,
1017	1017	21 chairperson, appoint a qualified person to replace the officer then
1018	1018	22 serving, in which case the officer appointed by the county election
1019	1019	23 board shall be issued proper credentials.
1020	1020	24 SECTION 57. IC 3-6-6-23 IS AMENDED TO READ AS
1021	1021	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 23. The oath prescribed
1022	1022	26 for a precinct election officer must be signed before a person
1023	1023	27 authorized to administer oaths and contain the following information:
1024	1024	28 I do solemnly swear (or affirm) the following:
1025	1025	29 (1) I will support the Constitution of the United States and the
1026	1026	30 Constitution of the State of Indiana.
1027	1027	31 (2) I will faithfully and impartially discharge the duties of
1028	1028	32 inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of
1029	1029	33 this precinct under the law.
1030	1030	34 (3) I will not knowingly permit any person to vote who is not
1031	1031	35 qualified and will not knowingly refuse the vote of any qualified
1032	1032	36 voter or cause any delay to any person offering to vote other than
1033	1033	37 is necessary to procure satisfactory information of the
1034	1034	38 qualification of that person as a voter.
1035	1035	39 (4) I am now a bona fide resident of the county in which the
1036	1036	40 precinct in which I am to act as a member of the election board is
1037	1037	41 situated and, if required by law, am a qualified voter of that
1038	1038	42 county.
1039	1039	2024 IN 1267—LS 6912/DI 92 25
1040	1040	1 (5) I will not disclose or communicate to any person how any
1041	1041	2 voter has voted at this election or how any ballot has been folded
1042	1042	3 or marked.
1043	1043	4 (6) I am able to read, write, and speak the English language.
1044	1044	5 (7) I have no property bet or wagered on the result of this election.
1045	1045	6 (8) I am not a candidate to be voted for at this election in this
1046	1046	7 precinct, except as an unopposed candidate for a political party
1047	1047	8 office.
1048	1048	9 (9) If I am serving as an inspector, I am not the chairman
1049	1049	10 chairperson or treasurer of the committee of a candidate whose
1050	1050	11 name appears on the ballot.
1051	1051	12 (10) I am not related to any person to be voted for at this election
1052	1052	13 in this precinct as the spouse, parent, father-in-law,
1053	1053	14 mother-in-law, child, son-in-law, daughter-in-law, grandparent,
1054	1054	15 grandchild, brother, sister, brother-in-law, sister-in-law, uncle,
1055	1055	16 aunt, nephew, or niece of that person, unless that person is an
1056	1056	17 unopposed candidate.
1057	1057	18 (11) I was trained as required by IC 3-6-6-40.
1058	1058	19 SECTION 58. IC 3-6-6-32 IS AMENDED TO READ AS
1059	1059	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32. (a) If a precinct has
1060	1060	21 both poll clerks and assistant poll clerks and the voting is entirely done
1061	1061	22 by paper ballot, the assistant poll clerks shall perform the same duties
1062	1062	23 required of the poll clerks regarding the initialing and giving out of the
1063	1063	24 ballots and pencils or pens when required to do so.
1064	1064	25 (b) It is necessary for only the two (2) poll clerks or assistant poll
1065	1065	26 clerks giving out a ballot to place their initials on the back of the ballot.
1066	1066	27 However, the two (2) poll clerks or assistant poll clerks must not have
1067	1067	28 been nominated to a precinct election office by the county chairman
1068	1068	29 chairperson of the same political party.
1069	1069	30 SECTION 59. IC 3-6-7-1, AS AMENDED BY P.L.74-2017,
1070	1070	31 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1071	1071	32 JULY 1, 2024]: Sec. 1. (a) Each political party or independent
1072	1072	33 candidate may appoint challengers and pollbook holders for each
1073	1073	34 precinct in which the political party or independent candidate is on the
1074	1074	35 ballot.
1075	1075	36 (b) This subsection applies to a public question that is submitted to
1076	1076	37 the electorate. A county election board may appoint challengers and
1077	1077	38 pollbook holders if a petition requesting the appointment is filed with
1078	1078	39 the board. The petition must be signed by:
1079	1079	40 (1) the chairman chairperson of a political action committee
1080	1080	41 organized under IC 3-9 to support or oppose the approval of the
1081	1081	42 public question; and
1082	1082	2024 IN 1267—LS 6912/DI 92 26
1083	1083	1 (2) at least the number of voters equal to two percent (2%) of the
1084	1084	2 votes cast in the last election for secretary of state in the county.
1085	1085	3 (c) A challenger must be at least eighteen (18) years of age.
1086	1086	4 (d) The county election board, county chairman, chairperson, other
1087	1087	5 local chairman chairperson of the party, or independent candidate:
1088	1088	6 (1) must make the appointments in writing; and
1089	1089	7 (2) shall issue one (1) identification card for each person
1090	1090	8 appointed under this section.
1091	1091	9 (e) Except as provided in subsections (f) and (g), each political party
1092	1092	10 or independent candidate described in subsection (a) or a political
1093	1093	11 action committee described in subsection (b) may have only one (1)
1094	1094	12 challenger and one (1) pollbook holder present at each precinct's polls
1095	1095	13 at any time during election day.
1096	1096	14 (f) If more than one (1) precinct votes at the same polling place, the
1097	1097	15 number of challengers and pollbook holders of each political party or
1098	1098	16 independent candidate described in subsection (a) or a political action
1099	1099	17 committee described in subsection (b) entitled to be present at the
1100	1100	18 polling place equals the number of precincts voting at the polling place.
1101	1101	19 (g) In a county designated as a vote center county under
1102	1102	20 IC 3-11-18.1, the number of challengers and pollbook holders of each
1103	1103	21 political party or independent candidate described in subsection (a) or
1104	1104	22 a political action committee described in subsection (b) entitled to be
1105	1105	23 present at the vote center is one (1) challenger and one (1) pollbook
1106	1106	24 holder for:
1107	1107	25 (1) each electronic poll book station present at the vote center; or
1108	1108	26 (2) the number of electronic poll book stations specified in the
1109	1109	27 county vote center plan for the vote center;
1110	1110	28 whichever is greater.
1111	1111	29 (h) The challenger and pollbook holder present at the polls must
1112	1112	30 possess an identification card issued under subsection (d).
1113	1113	31 (i) The identification card issued under subsection (d) must clearly
1114	1114	32 state the following:
1115	1115	33 (1) The status of the individual as an appointed challenger or
1116	1116	34 pollbook holder.
1117	1117	35 (2) The name of the individual serving as a challenger or pollbook
1118	1118	36 holder.
1119	1119	37 (3) The name of the person who appointed the individual as a
1120	1120	38 challenger or pollbook holder, and whether the person is a
1121	1121	39 political party, an independent candidate, or a county election
1122	1122	40 board.
1123	1123	41 (4) If the challenger or pollbook holder has been appointed by a
1124	1124	42 political party, the name of the political party.
1125	1125	2024 IN 1267—LS 6912/DI 92 27
1126	1126	1 SECTION 60. IC 3-6-7-1.5 IS AMENDED TO READ AS
1127	1127	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. A candidate to be
1128	1128	3 voted for at an election, except as an unopposed candidate for precinct
1129	1129	4 committeeman committee person or state convention delegate, is not
1130	1130	5 eligible to be appointed as a challenger or pollbook holder at an
1131	1131	6 election.
1132	1132	7 SECTION 61. IC 3-6-8-1, AS AMENDED BY P.L.74-2017,
1133	1133	8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1134	1134	9 JULY 1, 2024]: Sec. 1. (a) The state chairman chairperson and county
1135	1135	10 chairman chairperson of each bona fide political party or an
1136	1136	11 independent candidate for a federal or a state office are entitled to
1137	1137	12 appoint watchers at each precinct in which the political party or
1138	1138	13 independent candidate is on the ballot.
1139	1139	14 (b) This subsection applies to a public question that is submitted to
1140	1140	15 the electorate. A county election board may appoint watchers if a
1141	1141	16 petition requesting the appointment is filed with the board. The petition
1142	1142	17 must be signed by:
1143	1143	18 (1) the chairman chairperson of a political action committee
1144	1144	19 organized under IC 3-9 to support or oppose the approval of the
1145	1145	20 public question; and
1146	1146	21 (2) at least the number of voters equal to two percent (2%) of the
1147	1147	22 votes cast in the last election for secretary of state in the county.
1148	1148	23 (c) Except as provided in subsections (d), (e), and (f), at any time
1149	1149	24 during election day, each political action committee, each political
1150	1150	25 party, or an independent candidate for a federal or a state office may
1151	1151	26 have only one (1) watcher present at each precinct's polls.
1152	1152	27 (d) If both the state chairman chairperson and the county chairman
1153	1153	28 chairperson of a political party have appointed watchers within the
1154	1154	29 county, the political party may have two (2) watchers present at the
1155	1155	30 polls of each precinct of the county or at each electronic poll book
1156	1156	31 station at any time during election day.
1157	1157	32 (e) If more than one (1) precinct votes at the same polling place, the
1158	1158	33 number of watchers of each political party, an independent candidate
1159	1159	34 for federal or state office, or each political action committee described
1160	1160	35 in subsection (b) entitled to be present at the polling place equals the
1161	1161	36 number of precincts voting at the polling place.
1162	1162	37 (f) In a county designated as a vote center county under
1163	1163	38 IC 3-11-18.1, the number of watchers of each political party, an
1164	1164	39 independent candidate for federal or state office, or each political
1165	1165	40 action committee described in subsection (b) entitled to be present at
1166	1166	41 the vote center is one (1) watcher for:
1167	1167	42 (1) each electronic poll book station present at the vote center; or
1168	1168	2024 IN 1267—LS 6912/DI 92 28
1169	1169	1 (2) the number of electronic poll book stations specified in the
1170	1170	2 county vote center plan for the vote center;
1171	1171	3 whichever is greater.
1172	1172	4 SECTION 62. IC 3-6-8-2 IS AMENDED TO READ AS FOLLOWS
1173	1173	5 [EFFECTIVE JULY 1, 2024]: Sec. 2. A candidate to be voted for at an
1174	1174	6 election, except as an unopposed candidate for precinct committeeman
1175	1175	7 committee person or state convention delegate, is not eligible to be
1176	1176	8 appointed as a watcher at an election.
1177	1177	9 SECTION 63. IC 3-6-8-3, AS AMENDED BY P.L.194-2013,
1178	1178	10 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1179	1179	11 JULY 1, 2024]: Sec. 3. (a) A watcher present at the polls must possess
1180	1180	12 an identification card issued under this section and present the card if
1181	1181	13 demanded by a member of the precinct election board.
1182	1182	14 (b) The county election board, state chairman, chairperson, county
1183	1183	15 chairman, chairperson, or chairman chairperson of the committee of
1184	1184	16 the independent candidate for a federal or a state office:
1185	1185	17 (1) must appoint each watcher in writing; and
1186	1186	18 (2) shall issue one (1) watcher identification card for each person
1187	1187	19 appointed as a watcher.
1188	1188	20 (c) The identification card must be signed by the chairman
1189	1189	21 chairperson of the county election board, state chairman, chairperson,
1190	1190	22 county chairman chairperson of the party, or chairman chairperson
1191	1191	23 of the committee of the independent candidate for a federal or a state
1192	1192	24 office that the watcher represents.
1193	1193	25 (d) The identification card described in subsection (a) must clearly
1194	1194	26 state the following:
1195	1195	27 (1) The status of the individual as an appointed watcher.
1196	1196	28 (2) The name of the individual serving as a watcher.
1197	1197	29 (3) The name of the person who appointed the individual as a
1198	1198	30 watcher.
1199	1199	31 (4) If the individual has been appointed as a watcher by a political
1200	1200	32 party, the name of the political party.
1201	1201	33 SECTION 64. IC 3-6-9-1 IS AMENDED TO READ AS FOLLOWS
1202	1202	34 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) If:
1203	1203	35 (1) twenty-six percent (26%) or more of all candidates of a
1204	1204	36 political party who are candidates for:
1205	1205	37 (A) nomination to elected offices at a county primary election
1206	1206	38 (or municipal primary election within the municipality in
1207	1207	39 which the municipal primary is to be conducted), not including
1208	1208	40 candidates for delegates to the state convention or candidates
1209	1209	41 for precinct committeemen; committee persons; or
1210	1210	42 (B) precinct committeemen committee persons at an election
1211	1211	2024 IN 1267—LS 6912/DI 92 29
1212	1212	1 for precinct committeemen, committee persons, whose names
1213	1213	2 are certified to the county election board as candidates to be
1214	1214	3 voted for at the primary election for precinct committeemen;
1215	1215	4 committee persons; or
1216	1216	5 (2) any candidate or group of candidates for a school board office;
1217	1217	6 desire to have watchers at the polls in any precinct of the county or
1218	1218	7 municipality, they shall sign a written statement indicating their desire
1219	1219	8 to name watchers.
1220	1220	9 (b) If the candidates signing the statement are candidates for
1221	1221	10 nomination at a county primary election or for election as precinct
1222	1222	11 committeemen committee persons or to a school board office, the
1223	1223	12 written statement shall be filed with the circuit court clerk of the county
1224	1224	13 where the candidates reside.
1225	1225	14 (c) If the candidates signing the statement are candidates for
1226	1226	15 nomination at a municipal primary election, the written statement shall
1227	1227	16 be filed with the circuit court clerk of the county that contains the
1228	1228	17 greatest percentage of the population of the election district.
1229	1229	18 SECTION 65. IC 3-6-9-4 IS AMENDED TO READ AS FOLLOWS
1230	1230	19 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) An attorney-in-fact
1231	1231	20 designated under section 2 of this chapter shall file with the circuit
1232	1232	21 court clerk the names of the voters of the county or municipality who
1233	1233	22 are to act as watchers in the precincts designated in the written
1234	1234	23 statement.
1235	1235	24 (b) The attorney-in-fact may certify watchers from voters of the
1236	1236	25 county or municipality without regard to precinct boundary lines.
1237	1237	26 (c) A watcher designated under this section:
1238	1238	27 (1) may not be a candidate to be voted for at the election, except
1239	1239	28 as an unopposed candidate for precinct committeeman committee
1240	1240	29 person or state convention delegate; and
1241	1241	30 (2) must be a registered voter of the county.
1242	1242	31 SECTION 66. IC 3-6-10-3 IS AMENDED TO READ AS
1243	1243	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The list required by
1244	1244	33 section 2 of this chapter shall be furnished the day before election day
1245	1245	34 to the following:
1246	1246	35 (1) The circuit court clerk.
1247	1247	36 (2) The county election board.
1248	1248	37 (3) The county chairman chairperson of each political party that
1249	1249	38 is entitled to appoint a watcher under IC 3-6-8.
1250	1250	39 (4) The chairman chairperson of each independent candidate's
1251	1251	40 committee that is entitled to appoint a watcher under IC 3-6-8.
1252	1252	41 SECTION 67. IC 3-6-11-2 IS AMENDED TO READ AS
1253	1253	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman,
1254	1254	2024 IN 1267—LS 6912/DI 92 30
1255	1255	1 chairperson, president, or other chief officer of the organization taking
1256	1256	2 a poll under section 1 of this chapter shall issue to the persons taking
1257	1257	3 the poll a certificate showing the nature of the poll and the organization
1258	1258	4 for which the poll is to be taken.
1259	1259	5 SECTION 68. IC 3-6-11-7, AS AMENDED BY P.L.83-2016,
1260	1260	6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1261	1261	7 JULY 1, 2024]: Sec. 7. (a) If the proprietor, manager, or association of
1262	1262	8 co-owners does not permit a poll taker for a political party or an
1263	1263	9 independent candidate for a federal or a state office to enter the place
1264	1264	10 or condominium under section 5(c) of this chapter, the chairman
1265	1265	11 chairperson of the county election board of the county in which the
1266	1266	12 place or condominium is located shall call a meeting of the board under
1267	1267	13 IC 3-6-5.
1268	1268	14 (b) The secretary of the county election board shall notify the
1269	1269	15 proprietor, manager, or association of the meeting by certified mail,
1270	1270	16 return receipt requested.
1271	1271	17 (c) The county election board shall receive evidence concerning
1272	1272	18 violations of this section and, if the board determines that reasonable
1273	1273	19 cause exists to believe that a violation has occurred, forward a copy of
1274	1274	20 the minutes of the meeting to the prosecuting attorney of the county in
1275	1275	21 which the place or condominium is located for proceedings under
1276	1276	22 IC 34-28-5.
1277	1277	23 SECTION 69. IC 3-7-11-10 IS AMENDED TO READ AS
1278	1278	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The chairman
1279	1279	25 chairperson of the commission shall convene the hearing as promptly
1280	1280	26 as possible, but not later than thirty (30) days after the member files the
1281	1281	27 request for a hearing under section 9 of this chapter.
1282	1282	28 SECTION 70. IC 3-7-12-9 IS AMENDED TO READ AS
1283	1283	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. The county chairmen
1284	1284	30 chairpersons of the major political parties of a county that has a board
1285	1285	31 of registration shall each appoint one (1) member of the board. The two
1286	1286	32 (2) appointed persons must be voters of the county.
1287	1287	33 SECTION 71. IC 3-7-12-11 IS AMENDED TO READ AS
1288	1288	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Notwithstanding
1289	1289	35 section 10 of this chapter, a member of a board of registration serves
1290	1290	36 at the pleasure of the county chairman chairperson whose political
1291	1291	37 party initially appointed the person.
1292	1292	38 SECTION 72. IC 3-7-12-20 IS AMENDED TO READ AS
1293	1293	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. An employee may
1294	1294	40 not be appointed until the board of registration receives the written
1295	1295	41 recommendation of the county chairman chairperson of the
1296	1296	42 appropriate major political party of the county.
1297	1297	2024 IN 1267—LS 6912/DI 92 31
1298	1298	1 SECTION 73. IC 3-7-12-37 IS AMENDED TO READ AS
1299	1299	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 37. The chairman
1300	1300	3 chairperson of the county election board shall convene the hearing as
1301	1301	4 promptly as possible, but not later than thirty (30) days after the
1302	1302	5 member files the request for a hearing under section 36 of this chapter.
1303	1303	6 SECTION 74. IC 3-7-28-1, AS AMENDED BY P.L.258-2013,
1304	1304	7 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1305	1305	8 JULY 1, 2024]: Sec. 1. The county voter registration office shall
1306	1306	9 provide voter registration information to certain county chairmen
1307	1307	10 chairpersons and candidates as provided in this chapter.
1308	1308	11 SECTION 75. IC 3-7-28-2, AS AMENDED BY P.L.258-2013,
1309	1309	12 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1310	1310	13 JULY 1, 2024]: Sec. 2. (a) This section does not apply to confidential
1311	1311	14 information included on a voter registration application.
1312	1312	15 (b) A report containing information regarding all registration
1313	1313	16 applications executed under this article during that part of a registration
1314	1314	17 period ending sixty-five (65) days before a primary, general, or
1315	1315	18 municipal election shall be forwarded not later than sixty (60) days
1316	1316	19 before the election to the following upon request:
1317	1317	20 (1) Each of the county chairmen chairpersons of the major
1318	1318	21 political parties of the county.
1319	1319	22 (2) The chairman chairperson of the following:
1320	1320	23 (A) A bona fide political party that has at least one (1)
1321	1321	24 candidate on the ballot of the election.
1322	1322	25 (B) An independent candidate's committee if the candidate is
1323	1323	26 on the ballot at the election.
1324	1324	27 SECTION 76. IC 3-7-28-3, AS AMENDED BY P.L.258-2013,
1325	1325	28 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1326	1326	29 JULY 1, 2024]: Sec. 3. (a) This section does not apply to confidential
1327	1327	30 information included on a voter registration application.
1328	1328	31 (b) A report containing information regarding all registration
1329	1329	32 applications executed under this article during that part of a registration
1330	1330	33 period beginning sixty-five (65) days before a primary, general, or
1331	1331	34 municipal election and ending twenty-nine (29) days before the
1332	1332	35 election shall be forwarded daily and within forty-eight (48) hours of
1333	1333	36 the date on which the report was originally made to the following upon
1334	1334	37 request:
1335	1335	38 (1) Each of the county chairmen chairpersons of the major
1336	1336	39 political parties of the county.
1337	1337	40 (2) The chairman chairperson of the following:
1338	1338	41 (A) A bona fide political party that has at least one (1)
1339	1339	42 candidate on the ballot of the election.
1340	1340	2024 IN 1267—LS 6912/DI 92 32
1341	1341	1 (B) An independent candidate's committee if the candidate is
1342	1342	2 on the ballot at the election.
1343	1343	3 SECTION 77. IC 3-7-28-4 IS AMENDED TO READ AS
1344	1344	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. After the county
1345	1345	5 election board receives a written request from the county chairman
1346	1346	6 chairperson of a major political party, one (1) copy of the registered
1347	1347	7 voter list prepared for the inspector of each precinct under IC 3-7-29-1
1348	1348	8 shall be furnished to the county chairman chairperson making the
1349	1349	9 request. The copy shall be furnished to the county chairman
1350	1350	10 chairperson as soon as the lists are prepared.
1351	1351	11 SECTION 78. IC 3-7-28-5 IS AMENDED TO READ AS
1352	1352	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Upon written request
1353	1353	13 and as soon as the list required by section 4 of this chapter is prepared,
1354	1354	14 a copy of the list shall be furnished to the following:
1355	1355	15 (1) The county chairman chairperson of any political party that
1356	1356	16 has at least one (1) candidate on the ballot in the next election.
1357	1357	17 (2) The committee of a candidate whose name will appear on the
1358	1358	18 ballot in the next election.
1359	1359	19 (3) The county chairman chairperson of any other bona fide
1360	1360	20 political party.
1361	1361	21 SECTION 79. IC 3-7-28-8 IS AMENDED TO READ AS
1362	1362	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The circuit court
1363	1363	23 clerk or board of registration shall send a list of voters who are mailed
1364	1364	24 voter list maintenance notices under this article to the following upon
1365	1365	25 request:
1366	1366	26 (1) The county chairmen chairpersons of the major political
1367	1367	27 parties of the county.
1368	1368	28 (2) The chairman chairperson of the following:
1369	1369	29 (A) A bona fide political party of the county.
1370	1370	30 (B) An independent candidate's committee, if the independent
1371	1371	31 candidate is on the ballot for the next election to be conducted
1372	1372	32 in the county.
1373	1373	33 SECTION 80. IC 3-7-28-10 IS AMENDED TO READ AS
1374	1374	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The circuit court
1375	1375	35 clerk or board of registration shall furnish copies of the master list, as
1376	1376	36 described in section 9 of this chapter, to the following upon request:
1377	1377	37 (1) The county chairmen chairpersons of the major political
1378	1378	38 parties of the county.
1379	1379	39 (2) The chairman chairperson of the following:
1380	1380	40 (A) A bona fide political party of the county.
1381	1381	41 (B) An independent candidate's committee if the candidate is
1382	1382	42 on the ballot for the next general election to be conducted in
1383	1383	2024 IN 1267—LS 6912/DI 92 33
1384	1384	1 the county.
1385	1385	2 SECTION 81. IC 3-7-28-12, AS AMENDED BY P.L.225-2011,
1386	1386	3 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1387	1387	4 JULY 1, 2024]: Sec. 12. (a) Each county voter registration office shall
1388	1388	5 send a list of the deceased persons whose registrations have been
1389	1389	6 canceled to the following upon request:
1390	1390	7 (1) The county chairman chairperson of each major political
1391	1391	8 party of the county.
1392	1392	9 (2) The chairman chairperson of the following:
1393	1393	10 (A) A bona fide political party of the county.
1394	1394	11 (B) An independent candidate's committee, if the candidate is
1395	1395	12 on the ballot for the next election to be conducted in the
1396	1396	13 county.
1397	1397	14 (b) A request filed under this section may state that the list is to
1398	1398	15 include only cancellations made by the county voter registration office
1399	1399	16 within a period specified in the request.
1400	1400	17 SECTION 82. IC 3-7-28-13, AS AMENDED BY P.L.225-2011,
1401	1401	18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1402	1402	19 JULY 1, 2024]: Sec. 13. (a) Each county voter registration office shall
1403	1403	20 send a list of disfranchised voters whose registrations have been
1404	1404	21 canceled to the following upon request:
1405	1405	22 (1) The county chairmen chairpersons of the major political
1406	1406	23 parties of the county.
1407	1407	24 (2) The chairman chairperson of the following:
1408	1408	25 (A) A bona fide political party of the county.
1409	1409	26 (B) An independent candidate's committee, if the candidate is
1410	1410	27 on the ballot for the next general election to be conducted in
1411	1411	28 the county.
1412	1412	29 (b) A request filed under this section may state that the list is to
1413	1413	30 include only cancellations made by the county voter registration office
1414	1414	31 within a period specified in the request.
1415	1415	32 SECTION 83. IC 3-7-28-14, AS AMENDED BY P.L.219-2013,
1416	1416	33 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1417	1417	34 JULY 1, 2024]: Sec. 14. (a) Each county voter registration office shall
1418	1418	35 provide a list of the names and addresses of all voters whose
1419	1419	36 registrations have been canceled under this article to the following
1420	1420	37 upon request:
1421	1421	38 (1) The county chairmen chairpersons of the major political
1422	1422	39 parties of the county.
1423	1423	40 (2) The chairman chairperson of the following:
1424	1424	41 (A) A bona fide political party of the county.
1425	1425	42 (B) An independent candidate's committee participating in a
1426	1426	2024 IN 1267—LS 6912/DI 92 34
1427	1427	1 primary, general, or municipal election.
1428	1428	2 Upon request the county voter registration office shall report
1429	1429	3 cancellations daily and within forty-eight (48) hours after the day on
1430	1430	4 which the cancellations were made, until election day.
1431	1431	5 (b) A request filed under this section may state that the list is to
1432	1432	6 include only cancellations made by the county voter registration office
1433	1433	7 within a period specified in the request.
1434	1434	8 SECTION 84. IC 3-7-29-2, AS AMENDED BY P.L.169-2015,
1435	1435	9 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1436	1436	10 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a county that:
1437	1437	11 (1) has adopted an order under section 6(a)(1) of this chapter; or
1438	1438	12 (2) is a vote center county under IC 3-11-18.1.
1439	1439	13 (b) After the county election board receives a request from the
1440	1440	14 county chairman chairperson of a major political party, not more than
1441	1441	15 two (2) copies of the list required by this chapter shall be prepared and
1442	1442	16 furnished to the inspector of the precinct for use at the polls on election
1443	1443	17 day. The inspector may provide a list furnished under this section to
1444	1444	18 any other precinct officer.
1445	1445	19 SECTION 85. IC 3-7-30-4 IS AMENDED TO READ AS
1446	1446	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) This section
1447	1447	21 applies to the following:
1448	1448	22 (1) A county chairman chairperson who receives a certified list
1449	1449	23 of registered voters prepared for a precinct inspector under this
1450	1450	24 article.
1451	1451	25 (2) A person who receives a list from a county chairman
1452	1452	26 chairperson described in subdivision (1).
1453	1453	27 (b) A list received under subsection (a) may not be:
1454	1454	28 (1) disclosed by a person who receives the list under subsection
1455	1455	29 (a) to a commercial entity for commercial purposes; or
1456	1456	30 (2) used by a commercial entity for commercial purposes.
1457	1457	31 (c) A person may:
1458	1458	32 (1) use information obtained under this section in connection with
1459	1459	33 the preparation of a news broadcast or a publication in a
1460	1460	34 newspaper; and
1461	1461	35 (2) publish information obtained under this section in a news
1462	1462	36 broadcast or newspaper.
1463	1463	37 SECTION 86. IC 3-8-1-2, AS AMENDED BY P.L.278-2019,
1464	1464	38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1465	1465	39 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a candidate
1466	1466	40 challenged under IC 3-8-8.
1467	1467	41 (b) The commission, a county election board, or a town election
1468	1468	42 board shall act if a candidate (or a person acting on behalf of a
1469	1469	2024 IN 1267—LS 6912/DI 92 35
1470	1470	1 candidate in accordance with state law) has filed any of the following:
1471	1471	2 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5.
1472	1472	3 (2) A request for ballot placement in a presidential primary under
1473	1473	4 IC 3-8-3.
1474	1474	5 (3) A petition of nomination or candidate's consent to nomination
1475	1475	6 under IC 3-8-2.5 or IC 3-8-6.
1476	1476	7 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7,
1477	1477	8 IC 3-10-2-15, or IC 3-10-6-12.
1478	1478	9 (5) A certificate of candidate selection under IC 3-13-1 or
1479	1479	10 IC 3-13-2.
1480	1480	11 (6) A declaration of intent to be a write-in candidate under
1481	1481	12 IC 3-8-2-2.5.
1482	1482	13 (7) A contest to the denial of certification under IC 3-8-2.5 or
1483	1483	14 IC 3-8-6-12.
1484	1484	15 (c) The commission has jurisdiction to act under this section with
1485	1485	16 regard to any filing described in subsection (b) that was made with the
1486	1486	17 election division. Except for a filing under the jurisdiction of a town
1487	1487	18 election board, a county election board has jurisdiction to act under this
1488	1488	19 section with regard to any filing described in subsection (b) that was
1489	1489	20 made with the county election board, county voter registration office,
1490	1490	21 or the circuit court clerk. A town election board has jurisdiction to act
1491	1491	22 under this section with regard to any filing that was made with the
1492	1492	23 county election board, the county voter registration office, or the circuit
1493	1493	24 court clerk for nomination or election to a town office.
1494	1494	25 (d) Except as provided in subsection (f), before the commission or
1495	1495	26 election board acts under this section, a registered voter of the election
1496	1496	27 district that a candidate seeks to represent or a county chairman
1497	1497	28 chairperson of a major political party of a county in which any part of
1498	1498	29 the election district is located must file a sworn statement before a
1499	1499	30 person authorized to administer oaths, with the election division or
1500	1500	31 election board:
1501	1501	32 (1) questioning the eligibility of the candidate to seek the office;
1502	1502	33 and
1503	1503	34 (2) setting forth the facts known to the voter or county chairman
1504	1504	35 chairperson of a major political party of a county concerning this
1505	1505	36 question.
1506	1506	37 (e) The eligibility of a write-in candidate or a candidate nominated
1507	1507	38 by a convention, petition, or primary may not be challenged under this
1508	1508	39 section if the commission or board determines that all of the following
1509	1509	40 occurred:
1510	1510	41 (1) The eligibility of the candidate was challenged under this
1511	1511	42 section before the candidate was nominated.
1512	1512	2024 IN 1267—LS 6912/DI 92 36
1513	1513	1 (2) The commission or board conducted a hearing on the affidavit
1514	1514	2 before the nomination.
1515	1515	3 (3) This challenge would be based on substantially the same
1516	1516	4 grounds as the previous challenge to the candidate.
1517	1517	5 (f) Before the commission or election board can consider a contest
1518	1518	6 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a
1519	1519	7 candidate (or a person acting on behalf of a candidate in accordance
1520	1520	8 with state law) must file a sworn statement with the election division
1521	1521	9 or election board:
1522	1522	10 (1) stating specifically the basis for the contest; and
1523	1523	11 (2) setting forth the facts known to the candidate supporting the
1524	1524	12 basis for the contest.
1525	1525	13 (g) Upon the filing of a sworn statement under subsection (d) or (f),
1526	1526	14 the commission or election board shall determine the validity of the
1527	1527	15 questioned:
1528	1528	16 (1) declaration of candidacy;
1529	1529	17 (2) declaration of intent to be a write-in candidate;
1530	1530	18 (3) request for ballot placement under IC 3-8-3;
1531	1531	19 (4) petition of nomination;
1532	1532	20 (5) certificate of nomination;
1533	1533	21 (6) certificate of candidate selection issued under IC 3-13-1-15 or
1534	1534	22 IC 3-13-2-8; or
1535	1535	23 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12.
1536	1536	24 (h) The commission or election board shall deny a filing if the
1537	1537	25 commission or election board determines that the candidate has not
1538	1538	26 complied with the applicable requirements for the candidate set forth
1539	1539	27 in the Constitution of the United States, the Constitution of the State of
1540	1540	28 Indiana, or this title.
1541	1541	29 SECTION 87. IC 3-8-1-5.7, AS AMENDED BY P.L.219-2013,
1542	1542	30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1543	1543	31 JULY 1, 2024]: Sec. 5.7. (a) Except as expressly provided by law, a
1544	1544	32 candidate for selection under IC 3-13-5 or IC 3-13-11 for an
1545	1545	33 appointment pro tempore to an office must comply with the
1546	1546	34 requirements imposed under this chapter on a candidate for election to
1547	1547	35 the office. For purposes of determining whether a candidate for an
1548	1548	36 appointment pro tempore complies with a requirement imposed under
1549	1549	37 this chapter on a candidate for election to the office, the term "before
1550	1550	38 the election" is considered to read as:
1551	1551	39 (1) "before the date of the caucus that is required to fill the vacant
1552	1552	40 office"; or
1553	1553	41 (2) "before the date that the county political party chairman
1554	1554	42 chairperson appoints an individual to fill the vacant office";
1555	1555	2024 IN 1267—LS 6912/DI 92 37
1556	1556	1 whichever is the case.
1557	1557	2 (b) If a town council member:
1558	1558	3 (1) was elected or selected as a candidate from a town council
1559	1559	4 district; and
1560	1560	5 (2) served on a council that subsequently adopted an ordinance
1561	1561	6 under IC 36-5-2-4.1 abolishing town council districts;
1562	1562	7 a candidate for selection for an appointment pro tempore to succeed the
1563	1563	8 town council member is not required to reside within the district
1564	1564	9 formerly represented by the town council member.
1565	1565	10 SECTION 88. IC 3-8-1-32 IS AMENDED TO READ AS
1566	1566	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32. A candidate for:
1567	1567	12 (1) precinct committeeman; committee person; or
1568	1568	13 (2) delegate to a state convention;
1569	1569	14 of a political party in the state whose nominee received at least ten
1570	1570	15 percent (10%) of the total vote cast for secretary of state at the last
1571	1571	16 election must comply with any candidate requirement set by state party
1572	1572	17 rules.
1573	1573	18 SECTION 89. IC 3-8-2-3 IS AMENDED TO READ AS FOLLOWS
1574	1574	19 [EFFECTIVE JULY 1, 2024]: Sec. 3. A person who desires to be
1575	1575	20 elected either or both of the following at a primary election shall file a
1576	1576	21 declaration of candidacy:
1577	1577	22 (1) Precinct committeeman. committee person.
1578	1578	23 (2) Delegate to a state convention.
1579	1579	24 SECTION 90. IC 3-8-2-6, AS AMENDED BY P.L.227-2023,
1580	1580	25 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1581	1581	26 JULY 1, 2024]: Sec. 6. (a) A declaration of candidacy for:
1582	1582	27 (1) any local office not described in section 5 of this chapter;
1583	1583	28 (2) precinct committeeman; committee person; or
1584	1584	29 (3) delegate to a state convention;
1585	1585	30 shall be filed in the office of the county election board located in the
1586	1586	31 county seat.
1587	1587	32 (b) Whenever the election district for a local office includes more
1588	1588	33 than one (1) county, the declaration of candidacy shall be filed in the
1589	1589	34 office of the county election board located in the county seat of the
1590	1590	35 county that contains the greatest percentage of population of the
1591	1591	36 election district.
1592	1592	37 (c) This subsection applies to a county having a population of more
1593	1593	38 than four hundred thousand (400,000) and less than seven hundred
1594	1594	39 thousand (700,000). The chief deputy of the combined election board
1595	1595	40 and board of registration shall post for public inspection a copy of each
1596	1596	41 declaration of candidacy filed under this section on the day the
1597	1597	42 declaration is filed.
1598	1598	2024 IN 1267—LS 6912/DI 92 38
1599	1599	1 (d) This subsection applies if an election district for a local office is
1600	1600	2 located in more than one (1) county. The circuit court clerk of the
1601	1601	3 county having the greatest percentage of population of the election
1602	1602	4 district shall promptly certify the names of each of the candidates that
1603	1603	5 have filed a declaration of candidacy to be a candidate for the office in
1604	1604	6 the election district to the county election board of each other county
1605	1605	7 in which the election district is located.
1606	1606	8 SECTION 91. IC 3-8-2-7, AS AMENDED BY P.L.227-2023,
1607	1607	9 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1608	1608	10 JULY 1, 2024]: Sec. 7. (a) The declaration of each candidate required
1609	1609	11 by this chapter must be signed before a person authorized to administer
1610	1610	12 oaths and contain the following information:
1611	1611	13 (1) The candidate's name, printed or typewritten as:
1612	1612	14 (A) the candidate wants the candidate's name to appear on the
1613	1613	15 ballot; and
1614	1614	16 (B) the candidate's name is permitted to appear on the ballot
1615	1615	17 under IC 3-5-7.
1616	1616	18 A candidate must specify, by a designation described in
1617	1617	19 IC 3-5-7-5, each designation that the candidate wants to use that
1618	1618	20 is permitted by IC 3-5-7.
1619	1619	21 (2) A statement that the candidate is a registered voter and the
1620	1620	22 location of the candidate's precinct and township (or ward, if
1621	1621	23 applicable, and city or town), county, and state.
1622	1622	24 (3) The candidate's complete residence address, and if the
1623	1623	25 candidate's mailing address is different from the residence
1624	1624	26 address, the mailing address.
1625	1625	27 (4) A statement of the candidate's party affiliation. For purposes
1626	1626	28 of this subdivision, a candidate is considered to be affiliated with
1627	1627	29 a political party only if any of the following applies:
1628	1628	30 (A) The two (2) most recent primary elections in Indiana in
1629	1629	31 which the candidate voted were primary elections held by the
1630	1630	32 party with which the candidate claims affiliation. If the
1631	1631	33 candidate cast a nonpartisan ballot at an election held at the
1632	1632	34 most recent primary election in which the candidate voted, a
1633	1633	35 certification by the county chairman chairperson under clause
1634	1634	36 (B) is required.
1635	1635	37 (B) The county chairman chairperson of:
1636	1636	38 (i) the political party with which the candidate claims
1637	1637	39 affiliation; and
1638	1638	40 (ii) the county in which the candidate resides;
1639	1639	41 certifies that the candidate is a member of the political party.
1640	1640	42 The declaration of candidacy must inform candidates how party
1641	1641	2024 IN 1267—LS 6912/DI 92 39
1642	1642	1 affiliation is determined under this subdivision and permit the
1643	1643	2 candidate to indicate on the declaration of candidacy which of
1644	1644	3 clauses (A) or (B) applies to the candidate. If a candidate claims
1645	1645	4 party affiliation under clause (B), the candidate must attach to the
1646	1646	5 candidate's declaration of candidacy the written certification of
1647	1647	6 the county chairman chairperson required by clause (B).
1648	1648	7 (5) A statement that the candidate complies with all requirements
1649	1649	8 under the laws of Indiana to be a candidate for the above named
1650	1650	9 office, including any applicable residency requirements, and that
1651	1651	10 the candidate is not ineligible to be a candidate due to a criminal
1652	1652	11 conviction that would prohibit the candidate from serving in the
1653	1653	12 office.
1654	1654	13 (6) A request that the candidate's name be placed on the official
1655	1655	14 primary ballot of that party to be voted on, the office for which the
1656	1656	15 candidate is declaring, and the date of the primary election.
1657	1657	16 (7) The following statements:
1658	1658	17 (A) A statement that the candidate has attached either of the
1659	1659	18 following to the declaration:
1660	1660	19 (i) A copy of a statement of economic interests, file stamped
1661	1661	20 by the office required to receive the statement of economic
1662	1662	21 interests.
1663	1663	22 (ii) A receipt or photocopy of a receipt showing that a
1664	1664	23 statement of economic interests has been filed.
1665	1665	24 This requirement does not apply to a candidate for a federal
1666	1666	25 office.
1667	1667	26 (B) A statement that the candidate understands that if the
1668	1668	27 candidate is elected to the office, the candidate may be
1669	1669	28 required to obtain and file an individual surety bond before
1670	1670	29 serving in the office. This requirement does not apply to a
1671	1671	30 candidate for a federal office or legislative office.
1672	1672	31 (C) A statement that the candidate understands that if the
1673	1673	32 candidate is elected to the office, the candidate may be
1674	1674	33 required to successfully complete training or have attained
1675	1675	34 certification related to service in an elected office. This
1676	1676	35 requirement does not apply to a candidate for a federal office,
1677	1677	36 state office, or legislative office.
1678	1678	37 (D) A statement that the candidate:
1679	1679	38 (i) is aware of the provisions of IC 3-9 regarding campaign
1680	1680	39 finance and the reporting of campaign contributions and
1681	1681	40 expenditures; and
1682	1682	41 (ii) agrees to comply with the provisions of IC 3-9.
1683	1683	42 This requirement does not apply to a candidate for a federal
1684	1684	2024 IN 1267—LS 6912/DI 92 40
1685	1685	1 office.
1686	1686	2 The candidate must separately initial each of the statements
1687	1687	3 required by this subdivision.
1688	1688	4 (8) A statement as to whether the candidate has been a candidate
1689	1689	5 for state, legislative, or local office in a previous primary,
1690	1690	6 municipal, special, or general election and whether the candidate
1691	1691	7 has filed all reports required by IC 3-9-5-10 for all previous
1692	1692	8 candidacies.
1693	1693	9 (9) If the candidate is subject to IC 3-9-1-5, a statement that the
1694	1694	10 candidate has filed a campaign finance statement of organization
1695	1695	11 for the candidate's principal committee or is aware that the
1696	1696	12 candidate may be required to file a campaign finance statement of
1697	1697	13 organization not later than noon seven (7) days after the final date
1698	1698	14 to file the declaration of candidacy under section 4 of this chapter.
1699	1699	15 (10) The candidate's signature.
1700	1700	16 (b) The election division shall provide that the form of a declaration
1701	1701	17 of candidacy includes the following information:
1702	1702	18 (1) The dates for filing campaign finance reports under IC 3-9.
1703	1703	19 (2) The penalties for late filing of campaign finance reports under
1704	1704	20 IC 3-9.
1705	1705	21 (c) A declaration of candidacy must include a statement that the
1706	1706	22 candidate requests the name on the candidate's voter registration record
1707	1707	23 be the same as the name the candidate uses on the declaration of
1708	1708	24 candidacy. If there is a difference between the name on the candidate's
1709	1709	25 declaration of candidacy and the name on the candidate's voter
1710	1710	26 registration record, the officer with whom the declaration of candidacy
1711	1711	27 is filed shall forward the information to the voter registration officer of
1712	1712	28 the appropriate county as required by IC 3-5-7-6(d). The voter
1713	1713	29 registration officer of the appropriate county shall change the name on
1714	1714	30 the candidate's voter registration record to be the same as the name on
1715	1715	31 the candidate's declaration of candidacy.
1716	1716	32 SECTION 92. IC 3-8-2-23, AS AMENDED BY P.L.84-2016,
1717	1717	33 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1718	1718	34 JULY 1, 2024]: Sec. 23. (a) This section applies if a person:
1719	1719	35 (1) files a declaration of candidacy under this chapter;
1720	1720	36 (2) moves from the election district that the person sought to
1721	1721	37 represent following the filing of the declaration of candidacy;
1722	1722	38 (3) does not file a notice of withdrawal of candidacy under section
1723	1723	39 20 of this chapter; and
1724	1724	40 (4) is no longer an active candidate.
1725	1725	41 (b) The county chairman chairperson of any political party on the
1726	1726	42 ballot in the election district or a candidate for the office sought by the
1727	1727	2024 IN 1267—LS 6912/DI 92 41
1728	1728	1 person described in subsection (a) may, upon determining that this
1729	1729	2 section applies, file an action in the circuit court, superior court, or
1730	1730	3 probate court in the county where the person described in subsection
1731	1731	4 (a) resided. The complaint in this action must:
1732	1732	5 (1) state that this section applies to the person;
1733	1733	6 (2) name the person described in subsection (a) and the public
1734	1734	7 official responsible for placing that person's name on the ballot as
1735	1735	8 defendants; and
1736	1736	9 (3) be filed no later than a notice of withdrawal could have been
1737	1737	10 filed under section 20 of this chapter.
1738	1738	11 (c) When a complaint is filed under subsection (b), the circuit court,
1739	1739	12 superior court, or probate court shall conduct a hearing and rule on the
1740	1740	13 petition within ten (10) days after it is filed.
1741	1741	14 (d) If the court finds in favor of the plaintiff, a candidate vacancy
1742	1742	15 occurs on the:
1743	1743	16 (1) general election ballot; and
1744	1744	17 (2) primary election ballot if no other person is:
1745	1745	18 (A) a member of the same political party as the person
1746	1746	19 described in subsection (a); and
1747	1747	20 (B) a candidate on the ballot for the office sought by the
1748	1748	21 person described in subsection (a).
1749	1749	22 (e) The candidate vacancy shall be filled under IC 3-13-1.
1750	1750	23 SECTION 93. IC 3-8-3-10 IS AMENDED TO READ AS
1751	1751	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The election
1752	1752	25 division shall tabulate the results submitted under section 9 of this
1753	1753	26 chapter and promptly certify to the state chairman chairperson of each
1754	1754	27 political party the result of the presidential primary vote for the
1755	1755	28 candidates of that party.
1756	1756	29 SECTION 94. IC 3-8-4-3, AS AMENDED BY P.L.216-2015,
1757	1757	30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1758	1758	31 JULY 1, 2024]: Sec. 3. (a) This section applies to each political party
1759	1759	32 that elects delegates to the party's state convention at a primary
1760	1760	33 election.
1761	1761	34 (b) Delegates to a state convention shall be chosen at the primary
1762	1762	35 election conducted by the political party on the first Tuesday after the
1763	1763	36 first Monday in May 2016 and every two (2) years thereafter. If
1764	1764	37 provided in the rules of the state committee of the political party,
1765	1765	38 delegates may be elected from delegate districts in each county.
1766	1766	39 (c) Not later than noon November 30 of the year preceding the year
1767	1767	40 in which the state convention is to be conducted, the state chairman
1768	1768	41 chairperson of a political party shall certify the following to the
1769	1769	42 election division and to each county committee of the party:
1770	1770	2024 IN 1267—LS 6912/DI 92 42
1771	1771	1 (1) The number of delegates to be elected in each county.
1772	1772	2 (2) Whether the delegates are to be elected from districts or at
1773	1773	3 large in each county.
1774	1774	4 (3) If a county is to elect delegates from districts, how many
1775	1775	5 districts must be established in each county.
1776	1776	6 (d) The county committee shall establish any delegate districts
1777	1777	7 required to be established under subsection (c) and file descriptions
1778	1778	8 setting forth the district boundaries with the county election board not
1779	1779	9 later than noon December 31 of the year preceding the year the state
1780	1780	10 convention is to be conducted. If the county committee does not timely
1781	1781	11 file district descriptions under this subsection, the county election
1782	1782	12 board shall establish districts not later than the first day that a
1783	1783	13 declaration of candidacy may be filed under IC 3-8-2-4, and apportion
1784	1784	14 the delegates to be elected from each district in accordance with
1785	1785	15 subsection (c).
1786	1786	16 SECTION 95. IC 3-8-4-6 IS AMENDED TO READ AS FOLLOWS
1787	1787	17 [EFFECTIVE JULY 1, 2024]: Sec. 6. If the political party participated
1788	1788	18 in a presidential primary during the year in which the state convention
1789	1789	19 is held, the state chairman chairperson shall notify the convention of
1790	1790	20 the results of the presidential primary furnished to the chairman
1791	1791	21 chairperson under IC 3-8-3-10.
1792	1792	22 SECTION 96. IC 3-8-4-9, AS AMENDED BY P.L.221-2005,
1793	1793	23 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1794	1794	24 JULY 1, 2024]: Sec. 9. The state chairman chairperson of the political
1795	1795	25 party holding a state convention shall appoint an inspector and two (2)
1796	1796	26 poll clerks to attend each voting system at the convention. Each
1797	1797	27 candidate may have one (1) watcher at each voting system to check the
1798	1798	28 voting system before and after each ballot and to check the work of any
1799	1799	29 election officer. The inspector and poll clerks:
1800	1800	30 (1) shall take an oath to perform their duties faithfully and to the
1801	1801	31 best of their abilities before anyone entitled to administer an oath;
1802	1802	32 (2) must be qualified in relationship to candidates in the same
1803	1803	33 manner as precinct election officers under IC 3-6-6-7; and
1804	1804	34 (3) are subject to the same penalties as precinct election officers.
1805	1805	35 SECTION 97. IC 3-8-5-3 IS AMENDED TO READ AS FOLLOWS
1806	1806	36 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each of the major political
1807	1807	37 parties of the state shall have a committee in a town subject to this
1808	1808	38 chapter known as the __________ town committee of the town of
1809	1809	39 ____________ (designating the name of the party and the town).
1810	1810	40 (b) A political party's town committee consists of the following
1811	1811	41 individuals:
1812	1812	42 (1) A registered voter of the town appointed by the political
1813	1813	2024 IN 1267—LS 6912/DI 92 43
1814	1814	1 party's county chairman chairperson of the county containing the
1815	1815	2 greatest percentage of the population of the town. The individual
1816	1816	3 appointed under this subdivision is the chairman chairperson of
1817	1817	4 the town committee. The county chairman chairperson may not
1818	1818	5 appoint an individual who holds a town office for the town.
1819	1819	6 (2) A registered voter of the town appointed by the political
1820	1820	7 party's town chairman. chairperson. The individual appointed
1821	1821	8 under this subdivision is the secretary of the town committee.
1822	1822	9 (c) A member of a town committee serves until the member's
1823	1823	10 successor is appointed and qualified.
1824	1824	11 (d) A member of the town committee serves at the pleasure of the
1825	1825	12 appointing authority of the member.
1826	1826	13 (e) The individual who is town chairman chairperson vacates the
1827	1827	14 office whenever the individual becomes a candidate for a town office
1828	1828	15 of the town.
1829	1829	16 (f) A vacancy on the town committee shall be filled by the
1830	1830	17 appointing authority of the member who vacated the committee.
1831	1831	18 SECTION 98. IC 3-8-5-10, AS AMENDED BY P.L.225-2011,
1832	1832	19 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1833	1833	20 JULY 1, 2024]: Sec. 10. (a) If more than one (1) candidate from the
1834	1834	21 same political party files a declaration of candidacy for the same office,
1835	1835	22 that political party shall conduct:
1836	1836	23 (1) a town convention under this chapter; or
1837	1837	24 (2) a primary election;
1838	1838	25 to choose the nominee of that party for that office as provided in the
1839	1839	26 ordinance adopted under section 2 of this chapter.
1840	1840	27 (b) If a town convention is required under subsection (a), the town
1841	1841	28 chairman chairperson shall organize, conduct, and issue a call for a
1842	1842	29 town convention to be held in the town, or, if there is no suitable
1843	1843	30 location in the town, then either at the nearest available location within
1844	1844	31 any county in which the town is located or at the county seat of any
1845	1845	32 county in which the town is located.
1846	1846	33 (c) The convention must be held not later than August 21 in each
1847	1847	34 year in which a municipal election is to be held. The purpose of the
1848	1848	35 convention is to select the nominees for all town offices to be elected
1849	1849	36 at the next municipal election and for which more than one (1)
1850	1850	37 declaration of candidacy has been filed.
1851	1851	38 (d) The chairman chairperson shall file a notice of the call with the
1852	1852	39 circuit court clerk of the county containing the greatest percentage of
1853	1853	40 population of the town. The chairman chairperson shall also have
1854	1854	41 notice of the call posted at least three (3) days in three (3) prominent
1855	1855	42 public places in the town, including the office of the clerk-treasurer.
1856	1856	2024 IN 1267—LS 6912/DI 92 44
1857	1857	1 The notice must state the time, place, and purpose of the convention.
1858	1858	2 (e) If the county chairman chairperson determines that an
1859	1859	3 emergency requires the rescheduling of a town convention after notice
1860	1860	4 has been given under subsection (d), the chairman chairperson shall
1861	1861	5 promptly file a notice in the office of the county election board and in
1862	1862	6 the office of the town clerk-treasurer stating the date, time, and place
1863	1863	7 of the rescheduled convention.
1864	1864	8 SECTION 99. IC 3-8-5-10.5, AS AMENDED BY P.L.227-2023,
1865	1865	9 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1866	1866	10 JULY 1, 2024]: Sec. 10.5. (a) A person who desires to be nominated
1867	1867	11 for a town office by a major political party must file a declaration of
1868	1868	12 candidacy with the circuit court clerk of the county containing the
1869	1869	13 greatest percentage of population of the town.
1870	1870	14 (b) A declaration of candidacy must be filed:
1871	1871	15 (1) not earlier than the first date that a declaration of candidacy
1872	1872	16 for a primary election may be filed under IC 3-8-2-4; and
1873	1873	17 (2) not later than:
1874	1874	18 (A) noon August 1 before a municipal election if the town
1875	1875	19 nominates its candidates by convention; and
1876	1876	20 (B) the date that a declaration of candidacy must be filed under
1877	1877	21 IC 3-8-2-4 if the town nominates its candidates by a primary
1878	1878	22 election.
1879	1879	23 (c) The declaration must be subscribed and sworn to (or affirmed)
1880	1880	24 before a notary public or other person authorized to administer oaths.
1881	1881	25 (d) The declaration of each candidate required by this section must
1882	1882	26 certify the following information:
1883	1883	27 (1) The candidate's name, printed or typewritten as:
1884	1884	28 (A) the candidate wants the candidate's name to appear on the
1885	1885	29 ballot; and
1886	1886	30 (B) the candidate's name is permitted to appear on the ballot
1887	1887	31 under IC 3-5-7.
1888	1888	32 A candidate must specify, by a designation described in
1889	1889	33 IC 3-5-7-5, each designation that the candidate wants to use that
1890	1890	34 is permitted by IC 3-5-7.
1891	1891	35 (2) That the candidate is a registered voter and the location of the
1892	1892	36 candidate's precinct and township (or the ward, if applicable, and
1893	1893	37 town), county, and state.
1894	1894	38 (3) The candidate's complete residence address and the
1895	1895	39 candidate's mailing address if the mailing address is different
1896	1896	40 from the residence address.
1897	1897	41 (4) The majority party candidate's party affiliation and the office
1898	1898	42 to which the candidate seeks nomination, including the district
1899	1899	2024 IN 1267—LS 6912/DI 92 45
1900	1900	1 designation if the candidate is seeking a town legislative body
1901	1901	2 seat. For purposes of this subdivision, a candidate is considered
1902	1902	3 to be affiliated with a political party only if one (1) of the
1903	1903	4 following applies:
1904	1904	5 (A) The two (2) most recent primary elections in Indiana in
1905	1905	6 which the candidate voted were both primary elections held by
1906	1906	7 the party with which the candidate claims affiliation. If the
1907	1907	8 candidate cast a nonpartisan ballot at an election held at either
1908	1908	9 of the two (2) most recent primary elections in which the
1909	1909	10 candidate voted, a certification by the county chairman
1910	1910	11 chairperson under clause (B) is required.
1911	1911	12 (B) The county chairman chairperson of:
1912	1912	13 (i) the political party with which the candidate claims
1913	1913	14 affiliation; and
1914	1914	15 (ii) the county in which the candidate resides;
1915	1915	16 certifies in writing that the candidate is a member of the
1916	1916	17 political party.
1917	1917	18 The declaration of candidacy must inform a candidate how party
1918	1918	19 affiliation is determined under this subdivision and permit the
1919	1919	20 candidate to indicate on the declaration of candidacy whether
1920	1920	21 clause (A) or (B) applies to the candidate. If a candidate claims
1921	1921	22 party affiliation under clause (B), the candidate must attach to the
1922	1922	23 candidate's declaration of candidacy the written certification of
1923	1923	24 the county chairman chairperson required by clause (B).
1924	1924	25 (5) That the candidate complies with all requirements under the
1925	1925	26 laws of Indiana to be a candidate for the above named office,
1926	1926	27 including any applicable residency requirements, and is not
1927	1927	28 ineligible to be a candidate due to a criminal conviction that
1928	1928	29 would prohibit the candidate from serving in the office.
1929	1929	30 (6) That the candidate has attached either of the following to the
1930	1930	31 declaration:
1931	1931	32 (A) A copy of a statement of economic interests, file stamped
1932	1932	33 by the office required to receive the statement of economic
1933	1933	34 interests.
1934	1934	35 (B) A receipt or photocopy of a receipt showing that a
1935	1935	36 statement of economic interests has been filed.
1936	1936	37 (7) That the candidate understands that if the candidate is elected
1937	1937	38 to the office, the candidate may be required to obtain and file an
1938	1938	39 individual surety bond before serving in the office.
1939	1939	40 (8) That the candidate understands that if the candidate is elected
1940	1940	41 to the office, the candidate may be required to successfully
1941	1941	42 complete training or have attained certification related to service
1942	1942	2024 IN 1267—LS 6912/DI 92 46
1943	1943	1 in an elected office.
1944	1944	2 (9) That the candidate:
1945	1945	3 (A) is aware of the provisions of IC 3-9 regarding campaign
1946	1946	4 finance and the reporting of campaign contributions and
1947	1947	5 expenditures; and
1948	1948	6 (B) agrees to comply with the provisions of IC 3-9.
1949	1949	7 (10) A statement indicating whether or not the candidate:
1950	1950	8 (A) has been a candidate for state, legislative, local, or school
1951	1951	9 board office in a previous primary, municipal, special, or
1952	1952	10 general election; and
1953	1953	11 (B) has filed all reports required by IC 3-9-5-10 for all
1954	1954	12 previous candidacies.
1955	1955	13 (11) The candidate's signature.
1956	1956	14 (e) This subsection does not apply to a town whose municipal
1957	1957	15 election is to be conducted by a county. Immediately after the deadline
1958	1958	16 for filing, the circuit court clerk shall do all of the following:
1959	1959	17 (1) Certify to the town clerk-treasurer and release to the public a
1960	1960	18 list of the candidates of each political party for each office. The
1961	1961	19 list shall indicate any candidates of a political party nominated for
1962	1962	20 an office under this chapter because of the failure of any other
1963	1963	21 candidates of that political party to file a declaration of candidacy
1964	1964	22 for that office.
1965	1965	23 (2) Post a copy of the list in a prominent place in the circuit court
1966	1966	24 clerk's office.
1967	1967	25 (3) File a copy of each declaration of candidacy with the town
1968	1968	26 clerk-treasurer.
1969	1969	27 (f) A person who files a declaration of candidacy for an elected
1970	1970	28 office for which a per diem or salary is provided for by law is
1971	1971	29 disqualified from filing a declaration of candidacy for another office for
1972	1972	30 which a per diem or salary is provided for by law until the original
1973	1973	31 declaration is withdrawn.
1974	1974	32 (g) A person who files a declaration of candidacy for an elected
1975	1975	33 office may not file a declaration of candidacy for that office in the same
1976	1976	34 year as a member of a different political party until the original
1977	1977	35 declaration is withdrawn.
1978	1978	36 (h) A person who files a declaration of candidacy under this section
1979	1979	37 may file a written notice withdrawing the person's declaration of
1980	1980	38 candidacy in the same manner as the original declaration was filed, if
1981	1981	39 the notice of withdrawal is filed not later than:
1982	1982	40 (1) noon August 1 before the municipal election if the town
1983	1983	41 nominates its candidates by convention; and
1984	1984	42 (2) the date that a declaration of candidacy may be withdrawn
1985	1985	2024 IN 1267—LS 6912/DI 92 47
1986	1986	1 under IC 3-8-2-20 if the town nominates its candidates in a
1987	1987	2 primary election.
1988	1988	3 (i) A declaration of candidacy must include a statement that the
1989	1989	4 candidate requests the name on the candidate's voter registration record
1990	1990	5 be the same as the name the candidate uses on the declaration of
1991	1991	6 candidacy. If there is a difference between the name on the candidate's
1992	1992	7 declaration of candidacy and the name on the candidate's voter
1993	1993	8 registration record, the officer with whom the declaration of candidacy
1994	1994	9 is filed shall forward the information to the voter registration officer of
1995	1995	10 the appropriate county as required by IC 3-5-7-6(d). The voter
1996	1996	11 registration officer of the appropriate county shall change the name on
1997	1997	12 the candidate's voter registration record to be the same as the name on
1998	1998	13 the candidate's declaration of candidacy.
1999	1999	14 SECTION 100. IC 3-8-5-12, AS AMENDED BY P.L.74-2017,
2000	2000	15 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2001	2001	16 JULY 1, 2024]: Sec. 12. (a) The town chairman chairperson and
2002	2002	17 secretary of each town political party committee shall act as chairman
2003	2003	18 chairperson and secretary of their respective conventions.
2004	2004	19 (b) As the first item of convention business, the town chairman
2005	2005	20 chairperson shall make the initial determination regarding which
2006	2006	21 individuals are eligible to vote in the town convention under section 11
2007	2007	22 of this chapter. If an individual objects to the determination of the
2008	2008	23 chairman, chairperson, the matter shall be put to the vote of all those
2009	2009	24 individuals whose eligibility to vote is not in dispute.
2010	2010	25 (c) As the second item of convention business, the town chairman
2011	2011	26 chairperson shall submit copies of proposed rules to the members of
2012	2012	27 the convention for adoption. The rules must provide for at least the
2013	2013	28 following:
2014	2014	29 (1) The voting method to be used for nominating candidates at the
2015	2015	30 convention.
2016	2016	31 (2) The method to be used for resolving tie votes.
2017	2017	32 (3) Any method for removing candidates from consideration by
2018	2018	33 the convention if no candidate receives a majority vote from all
2019	2019	34 voters casting a ballot at the convention.
2020	2020	35 (4) The rights of nonvoting observers, media, candidate watchers,
2021	2021	36 or others attending the convention.
2022	2022	37 (d) If the town chairman chairperson of the political party
2023	2023	38 committee is unable or unwilling to act as chairman chairperson of the
2024	2024	39 convention, the secretary acts as chairman chairperson until the
2025	2025	40 convention elects a chairman chairperson of the convention from
2026	2026	41 among the voters attending the convention. If the town secretary of the
2027	2027	42 political party committee is unable or unwilling to act as secretary of
2028	2028	2024 IN 1267—LS 6912/DI 92 48
2029	2029	1 the convention, the convention shall elect a secretary of the convention
2030	2030	2 from among the voters attending the convention.
2031	2031	3 (e) After adoption of the convention rules, the convention may
2032	2032	4 proceed to vote on the candidates to be nominated. The candidates for
2033	2033	5 town offices must be nominated by a majority of the voters present and
2034	2034	6 voting. If more than one (1) person may be elected to an at-large town
2035	2035	7 council seat, the convention shall determine the total votes received by
2036	2036	8 each candidate for an at-large town council seat. The candidates who
2037	2037	9 receive the highest number of votes, up to the total number to be
2038	2038	10 elected, are the nominees of the convention.
2039	2039	11 (f) The town convention may recess and reconvene if a majority of
2040	2040	12 eligible voters at the convention adopt a motion to recess and
2041	2041	13 reconvene. The motion must state the date, time, and location of the
2042	2042	14 reconvening of the convention. However, a convention may not
2043	2043	15 reconvene on a date following the final date permitted for a convention
2044	2044	16 to be convened under section 10 of this chapter.
2045	2045	17 SECTION 101. IC 3-8-5-13, AS AMENDED BY P.L.227-2023,
2046	2046	18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2047	2047	19 JULY 1, 2024]: Sec. 13. (a) The chairman chairperson and secretary
2048	2048	20 of a town convention shall execute a certificate of nomination in
2049	2049	21 writing, setting out the following:
2050	2050	22 (1) The name of each nominee as:
2051	2051	23 (A) the nominee wants the nominee's name to appear on the
2052	2052	24 ballot; and
2053	2053	25 (B) the nominee's name is permitted to appear on the ballot
2054	2054	26 under IC 3-5-7.
2055	2055	27 The certificate must specify, by a designation described in
2056	2056	28 IC 3-5-7-5, each designation that the nominee wants to use that is
2057	2057	29 permitted by IC 3-5-7.
2058	2058	30 (2) The residence address of each nominee.
2059	2059	31 (3) The office for which each nominee was nominated.
2060	2060	32 (4) That each nominee is legally qualified to hold office.
2061	2061	33 (b) Both the chairman chairperson and secretary shall acknowledge
2062	2062	34 the certificate before an officer authorized to take acknowledgment of
2063	2063	35 deeds.
2064	2064	36 (c) The certificate must be filed with the circuit court clerk of the
2065	2065	37 county having the greatest percentage of the population of the town.
2066	2066	38 (d) The certificate must be filed with the circuit court clerk no later
2067	2067	39 than noon August 28 before the municipal election.
2068	2068	40 (e) The circuit court clerk shall file a copy of each certificate with
2069	2069	41 the town clerk-treasurer no later than noon September 4.
2070	2070	42 SECTION 102. IC 3-8-5-17, AS AMENDED BY P.L.227-2023,
2071	2071	2024 IN 1267—LS 6912/DI 92 49
2072	2072	1 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2073	2073	2 JULY 1, 2024]: Sec. 17. (a) This section applies to a political party:
2074	2074	3 (1) not qualified to conduct a primary election under IC 3-10; and
2075	2075	4 (2) not required to nominate candidates by a petition of
2076	2076	5 nomination under IC 3-8-6.
2077	2077	6 (b) An individual who desires to be nominated for a town office by
2078	2078	7 the political party must file a declaration of candidacy in the same
2079	2079	8 manner as a candidate for nomination by a major political party under
2080	2080	9 section 10.5 of this chapter. If a convention would be required for the
2081	2081	10 political party under section 10 of this chapter, the political party shall
2082	2082	11 conduct a convention to nominate candidates for town office not later
2083	2083	12 than the date for conducting a major party town convention under
2084	2084	13 section 10 of this chapter.
2085	2085	14 (c) The chairman chairperson and secretary of the town convention
2086	2086	15 shall execute, acknowledge, and file a certificate setting forth the
2087	2087	16 nominees of the convention in accordance with section 13 of this
2088	2088	17 chapter.
2089	2089	18 (d) Each candidate nominated under this section shall execute a
2090	2090	19 consent to the nomination in the same form as a candidate nominated
2091	2091	20 by petition under IC 3-8-6. The consent must be filed with the
2092	2092	21 certificate under subsection (c). An individual who wishes to withdraw
2093	2093	22 as a candidate after nomination by the convention must do so in the
2094	2094	23 manner prescribed by section 14.5 of this chapter.
2095	2095	24 (e) The circuit court clerk shall file a copy of each certificate and
2096	2096	25 each candidate's consent with the town clerk-treasurer in accordance
2097	2097	26 with section 13 of this chapter.
2098	2098	27 (f) A candidate's consent to the nomination must include a statement
2099	2099	28 that the candidate requests the name on the candidate's voter
2100	2100	29 registration record be the same as the name the candidate uses on the
2101	2101	30 declaration of candidacy. If there is a difference between the name on
2102	2102	31 the candidate's consent to the nomination and the name on the
2103	2103	32 candidate's voter registration record, the officer with whom the consent
2104	2104	33 to the nomination is filed shall forward the information to the voter
2105	2105	34 registration officer of the appropriate county as required by
2106	2106	35 IC 3-5-7-6(d). The voter registration officer of the appropriate county
2107	2107	36 shall change the name on the candidate's voter registration record to be
2108	2108	37 the same as the name on the candidate's consent to the nomination.
2109	2109	38 SECTION 103. IC 3-8-6-16, AS AMENDED BY P.L.84-2016,
2110	2110	39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2111	2111	40 JULY 1, 2024]: Sec. 16. (a) This section applies if a person:
2112	2112	41 (1) files a petition of nomination under this chapter;
2113	2113	42 (2) moves from the election district that the person sought to
2114	2114	2024 IN 1267—LS 6912/DI 92 50
2115	2115	1 represent following the filing of the petition of nomination;
2116	2116	2 (3) does not file a notice of withdrawal of candidacy under section
2117	2117	3 13.5 of this chapter; and
2118	2118	4 (4) is no longer an active candidate.
2119	2119	5 (b) The county chairman chairperson of any political party on the
2120	2120	6 ballot in the election district or a candidate for the office sought by the
2121	2121	7 person described in subsection (a) may, upon determining that this
2122	2122	8 section applies, file an action in the circuit court, superior court, or
2123	2123	9 probate court in the county where the person described in subsection
2124	2124	10 (a) resided. The complaint in this action must:
2125	2125	11 (1) state that this section applies to the person;
2126	2126	12 (2) name the person described in subsection (a) and the public
2127	2127	13 official responsible for placing that person's name on the ballot as
2128	2128	14 defendants; and
2129	2129	15 (3) be filed no later than a notice of withdrawal could have been
2130	2130	16 filed under section 13.5 of this chapter.
2131	2131	17 (c) When a complaint is filed under subsection (b), the circuit court,
2132	2132	18 superior court, or probate court shall conduct a hearing and rule on the
2133	2133	19 petition within ten (10) days after it is filed.
2134	2134	20 (d) If the court finds in favor of the plaintiff, a candidate vacancy
2135	2135	21 occurs on the:
2136	2136	22 (1) general election ballot; and
2137	2137	23 (2) primary election ballot if no other person is:
2138	2138	24 (A) a member of the same political party as the person
2139	2139	25 described in subsection (a); and
2140	2140	26 (B) a candidate on the ballot for the office sought by the
2141	2141	27 person described in subsection (a).
2142	2142	28 (e) The candidate vacancy shall be filled under IC 3-13-1 if the
2143	2143	29 candidate represents a political party not qualified to nominate
2144	2144	30 candidates in a primary or by convention.
2145	2145	31 SECTION 104. IC 3-8-6-17, AS AMENDED BY P.L.227-2023,
2146	2146	32 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2147	2147	33 JULY 1, 2024]: Sec. 17. (a) If:
2148	2148	34 (1) a petition of nomination contains the name of at least one (1)
2149	2149	35 candidate who seeks to be placed on the ballot as the candidate of
2150	2150	36 a political party described by section 1 of this chapter; and
2151	2151	37 (2) a candidate listed on the petition ceases to be a candidate after
2152	2152	38 the petition is circulated for signature or filed;
2153	2153	39 the candidate may be replaced on the petition in accordance with this
2154	2154	40 section.
2155	2155	41 (b) This subsection applies to a candidate described in subsection
2156	2156	42 (a) who sought a federal, state, or legislative office or a local office
2157	2157	2024 IN 1267—LS 6912/DI 92 51
2158	2158	1 described by IC 3-8-2-5. The state chairman chairperson of the
2159	2159	2 political party may file a written statement with the election division
2160	2160	3 stating the name of the substitute candidate. The statement must satisfy
2161	2161	4 all of the following:
2162	2162	5 (1) The statement must be on a form prescribed by the election
2163	2163	6 division.
2164	2164	7 (2) The statement must state the following:
2165	2165	8 (A) The name of the individual who ceased to be a candidate.
2166	2166	9 (B) The date and reason the individual ceased to be a
2167	2167	10 candidate.
2168	2168	11 (C) The name of the individual who will replace the candidate
2169	2169	12 as:
2170	2170	13 (i) the individual wants the individual's name to appear on
2171	2171	14 the ballot; and
2172	2172	15 (ii) the individual's name is permitted to appear on the ballot
2173	2173	16 under IC 3-5-7.
2174	2174	17 The substitute candidate must specify, by a designation
2175	2175	18 described in IC 3-5-7-5, each designation that the substitute
2176	2176	19 candidate wants to use that is permitted by IC 3-5-7.
2177	2177	20 (3) The statement must be accompanied by the following:
2178	2178	21 (A) The replacement candidate's consent to be nominated by
2179	2179	22 the petition and, if other candidates were listed on the petition,
2180	2180	23 the signed consent of those candidates to be the replacement.
2181	2181	24 (B) The former candidate's statement of withdrawal in a form
2182	2182	25 substantially similar to the form prescribed under IC 3-8-7-28
2183	2183	26 if the individual withdrew as a candidate.
2184	2184	27 A replacement candidate's consent to the nomination must include a
2185	2185	28 statement that the candidate requests the name on the candidate's voter
2186	2186	29 registration record be the same as the name the candidate uses on the
2187	2187	30 consent to the nomination. If there is a difference between the name on
2188	2188	31 the candidate's consent to the nomination and the name on the
2189	2189	32 candidate's voter registration record, the officer with whom the consent
2190	2190	33 to the nomination is filed shall forward the information to the voter
2191	2191	34 registration officer of the appropriate county as required by
2192	2192	35 IC 3-5-7-6(d). The voter registration officer of the appropriate county
2193	2193	36 shall change the name on the candidate's voter registration record to be
2194	2194	37 the same as the name on the candidate's consent to the nomination.
2195	2195	38 (c) This subsection applies to a candidate described in subsection
2196	2196	39 (a) who sought a local office other than a local office described by
2197	2197	40 IC 3-8-2-5. The county, city, or town chairman chairperson of the
2198	2198	41 political party may file a written statement that conforms with
2199	2199	42 subsection (b) with the election board conducting the election for the
2200	2200	2024 IN 1267—LS 6912/DI 92 52
2201	2201	1 local office.
2202	2202	2 (d) The statement required under subsection (b) or (c) must be filed
2203	2203	3 not later than the final date and time for the filing of a certificate of
2204	2204	4 candidate selection under IC 3-13-1-15(c).
2205	2205	5 (e) If a petition of nomination is circulated or filed by an
2206	2206	6 independent candidate and that individual ceases to be a candidate,
2207	2207	7 another candidate may not be substituted on the petition of nomination.
2208	2208	8 SECTION 105. IC 3-8-7-1, AS AMENDED BY P.L.194-2013,
2209	2209	9 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2210	2210	10 JULY 1, 2024]: Sec. 1. (a) Subject to subsections (b) and (c), the
2211	2211	11 candidate of a political party receiving the highest vote for an office at
2212	2212	12 a primary election is the nominee of that party for that office.
2213	2213	13 (b) If the candidate of a political party receiving the highest vote for
2214	2214	14 an office at a primary election for which a declaration of candidacy
2215	2215	15 must be filed with the secretary of state or election division under
2216	2216	16 IC 3-8-2 dies before the certification of primary election results by the
2217	2217	17 election division, the election division shall promptly certify to the state
2218	2218	18 chairman chairperson of the political party that a candidate vacancy
2219	2219	19 exists, which may be filled by the political party under IC 3-13-1.
2220	2220	20 (c) If the candidate of a political party receiving the highest vote for
2221	2221	21 an office at a primary election for which a declaration of candidacy
2222	2222	22 must be filed with the circuit court clerk under IC 3-8-2 dies before the
2223	2223	23 certification of primary election results by the county election board,
2224	2224	24 the county election board shall promptly certify to the county chairman
2225	2225	25 chairperson of the political party that a candidate vacancy exists,
2226	2226	26 which may be filled by the political party under IC 3-13-1.
2227	2227	27 SECTION 106. IC 3-8-7-6, AS AMENDED BY P.L.64-2014,
2228	2228	28 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2229	2229	29 JULY 1, 2024]: Sec. 6. (a) Not later than noon ten (10) days after the
2230	2230	30 certification of the canvass performed by the election division under
2231	2231	31 IC 3-10-1-34, the secretary of state shall furnish to the state chairman
2232	2232	32 chairperson of each major political party of the state a list, certified
2233	2233	33 under the secretary's hand and seal.
2234	2234	34 (b) The list described in subsection (a) must:
2235	2235	35 (1) contain the names of all candidates shown to be nominated by
2236	2236	36 the canvass of the election division conducted under
2237	2237	37 IC 3-10-1-34; and
2238	2238	38 (2) include the address of each candidate.
2239	2239	39 (c) No other form of certification of nomination for office is
2240	2240	40 necessary for an individual included on the list described by this
2241	2241	41 section.
2242	2242	42 SECTION 107. IC 3-8-7-6.5 IS AMENDED TO READ AS
2243	2243	2024 IN 1267—LS 6912/DI 92 53
2244	2244	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) Not later than
2245	2245	2 noon ten (10) days after receipt of the delegate lists from each circuit
2246	2246	3 court clerk under section 5 of this chapter, the secretary of state shall
2247	2247	4 furnish to the state chairman chairperson of each major political party
2248	2248	5 of the state a list of individuals elected as delegates to the convention
2249	2249	6 of the chairman's chairperson's political party.
2250	2250	7 (b) The list described under subsection (a) must:
2251	2251	8 (1) contain the names of all delegates elected, as certified by the
2252	2252	9 circuit court clerks under section 5 of this chapter; and
2253	2253	10 (2) include the address of each delegate.
2254	2254	11 (c) The delegate lists must be certified separately from the candidate
2255	2255	12 lists certified under section 6 of this chapter and may not contain the
2256	2256	13 name of an individual appointed to serve as a state convention delegate.
2257	2257	14 SECTION 108. IC 3-8-7-8, AS AMENDED BY P.L.227-2023,
2258	2258	15 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2259	2259	16 JULY 1, 2024]: Sec. 8. (a) This section applies to a state convention
2260	2260	17 conducted by a political party described by IC 3-8-4-1.
2261	2261	18 (b) The state chairman chairperson and state secretary of the
2262	2262	19 political party holding the state convention shall certify each candidate
2263	2263	20 nominated at the convention to the secretary of state not later than noon
2264	2264	21 July 15 before the general election.
2265	2265	22 (c) The certificate must be in writing and state the following:
2266	2266	23 (1) The name of each candidate nominated as:
2267	2267	24 (A) the candidate wants the candidate's name to appear on the
2268	2268	25 ballot; and
2269	2269	26 (B) the candidate's name is permitted to appear on the ballot
2270	2270	27 under IC 3-5-7.
2271	2271	28 The certificate must specify, by a designation described in
2272	2272	29 IC 3-5-7-5, each designation that the candidate wants to use that
2273	2273	30 is permitted by IC 3-5-7.
2274	2274	31 (2) Each candidate's residence address.
2275	2275	32 (3) Whether each candidate nominated by the convention has
2276	2276	33 complied with IC 3-9-1-5 by filing a campaign finance statement
2277	2277	34 of organization.
2278	2278	35 (4) The following statements:
2279	2279	36 (A) A statement that the candidate has attached either of the
2280	2280	37 following to the certificate:
2281	2281	38 (i) A copy of a statement of economic interests, file stamped
2282	2282	39 by the office required to receive the statement of economic
2283	2283	40 interests.
2284	2284	41 (ii) A receipt, photocopy of a receipt, or electronic mail from
2285	2285	42 the office of the inspector general or judicial qualifications
2286	2286	2024 IN 1267—LS 6912/DI 92 54
2287	2287	1 commission, showing that a statement of economic interests
2288	2288	2 has been filed.
2289	2289	3 This requirement does not apply to a candidate for a federal
2290	2290	4 office.
2291	2291	5 (B) A statement that the candidate understands that if the
2292	2292	6 candidate is elected to the office, the candidate may be
2293	2293	7 required to obtain and file an individual surety bond before
2294	2294	8 serving in the office. This requirement does not apply to a
2295	2295	9 candidate for a federal office or legislative office.
2296	2296	10 (C) A statement that the candidate understands that if the
2297	2297	11 candidate is elected to the office, the candidate may be
2298	2298	12 required to successfully complete training or have attained
2299	2299	13 certification related to service in an elected office. This
2300	2300	14 requirement does not apply to a candidate for a federal office,
2301	2301	15 state office, or legislative office.
2302	2302	16 (D) A statement that the candidate:
2303	2303	17 (i) is aware of the provisions of IC 3-9 regarding campaign
2304	2304	18 finance and the reporting of campaign contributions and
2305	2305	19 expenditures; and
2306	2306	20 (ii) agrees to comply with the provisions of IC 3-9.
2307	2307	21 This requirement does not apply to a candidate for a federal
2308	2308	22 office.
2309	2309	23 The candidate must separately initial each of the statements
2310	2310	24 required by this subdivision.
2311	2311	25 (d) The election division shall prescribe the form of the certificate
2312	2312	26 of nomination for the offices. The election division shall provide that
2313	2313	27 the form of the certificate of nomination include the following
2314	2314	28 information:
2315	2315	29 (1) The dates for filing campaign finance reports under IC 3-9.
2316	2316	30 (2) The penalties for late filing of campaign finance reports under
2317	2317	31 IC 3-9.
2318	2318	32 (e) A certificate of nomination must include a statement that the
2319	2319	33 candidate requests the name on the candidate's voter registration record
2320	2320	34 be the same as the name the candidate uses on the certificate of
2321	2321	35 nomination. If there is a difference between the name on the candidate's
2322	2322	36 certificate of nomination and the name on the candidate's voter
2323	2323	37 registration record, the officer with whom the certificate of nomination
2324	2324	38 is filed shall forward the information to the voter registration officer of
2325	2325	39 the appropriate county as required by IC 3-5-7-6(d). The voter
2326	2326	40 registration officer of the appropriate county shall change the name on
2327	2327	41 the candidate's voter registration record to be the same as the name on
2328	2328	42 the candidate's certificate of nomination.
2329	2329	2024 IN 1267—LS 6912/DI 92 55
2330	2330	1 (f) The certificate of nomination must be signed by the state
2331	2331	2 chairman chairperson and state secretary of the political party holding
2332	2332	3 the convention, and set forth the name and residence of the chairman
2333	2333	4 chairperson and secretary. The chairman chairperson and secretary
2334	2334	5 shall acknowledge the certificate before an individual authorized to
2335	2335	6 administer oaths under IC 33-42-9. The signed acknowledgment must
2336	2336	7 be included in the certificate of nomination executed under this section.
2337	2337	8 SECTION 109. IC 3-8-7-10, AS AMENDED BY P.L.227-2023,
2338	2338	9 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2339	2339	10 JULY 1, 2024]: Sec. 10. (a) This section applies to a county, city, or
2340	2340	11 town convention conducted by a political party described by
2341	2341	12 IC 3-8-4-1.
2342	2342	13 (b) A certificate of nomination by convention or primary election
2343	2343	14 must satisfy all of the following:
2344	2344	15 (1) Be in writing.
2345	2345	16 (2) Contain all of the following information for each person
2346	2346	17 nominated:
2347	2347	18 (A) The name of each person nominated as:
2348	2348	19 (i) the person wants the person's name to appear on the
2349	2349	20 ballot; and
2350	2350	21 (ii) the person's name is permitted to appear on the ballot
2351	2351	22 under IC 3-5-7.
2352	2352	23 The certificate must specify, by a designation described in
2353	2353	24 IC 3-5-7-5, each designation that the person nominated wants
2354	2354	25 to use that is permitted by IC 3-5-7.
2355	2355	26 (B) Each person's residence address.
2356	2356	27 (C) The office for which each person is nominated.
2357	2357	28 (3) Be signed by the chairman chairperson and secretary of the
2358	2358	29 county, city, or town committee, who shall also give their
2359	2359	30 respective places of residence and acknowledge the certificate
2360	2360	31 before an individual authorized to administer oaths under
2361	2361	32 IC 33-42-9. The signed acknowledgment must be included in the
2362	2362	33 certificate of nomination executed under this section.
2363	2363	34 SECTION 110. IC 3-8-7-11, AS AMENDED BY P.L.227-2023,
2364	2364	35 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2365	2365	36 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsection (f), if a
2366	2366	37 political party has filed a statement with the election division (or any
2367	2367	38 of its predecessors) that the device selected by the political party be
2368	2368	39 used to designate the candidates of the political party on the ballot for
2369	2369	40 all elections throughout the state, the device must be used until:
2370	2370	41 (1) the device is changed in accordance with party rules; and
2371	2371	42 (2) a statement concerning the use of the new device is filed with
2372	2372	2024 IN 1267—LS 6912/DI 92 56
2373	2373	1 the election division.
2374	2374	2 (b) Except as provided in subsection (c), the device may be any
2375	2375	3 appropriate symbol.
2376	2376	4 (c) A political party may not use any of the following as a device:
2377	2377	5 (1) A symbol that has previously been filed by a political party
2378	2378	6 with the election division (or any of its predecessors).
2379	2379	7 (2) The coat of arms or seal of the state or of the United States.
2380	2380	8 (3) The national or state flag.
2381	2381	9 (4) Any other emblem common to the people.
2382	2382	10 (d) Not later than noon on the date specified under section 16 of this
2383	2383	11 chapter for the certification of candidates and public questions by the
2384	2384	12 election division, the election division shall provide each county
2385	2385	13 election board with a camera-ready copy of the device under which the
2386	2386	14 candidates of the political party or the petitioner are to be listed so that
2387	2387	15 ballots may be prepared using the best possible reproduction of the
2388	2388	16 device.
2389	2389	17 (e) This subsection applies to a political party whose device is not
2390	2390	18 filed with the election division under subsection (a) and is to be printed
2391	2391	19 only on ballots to identify candidates for election to a local office. Not
2392	2392	20 later than noon on the date specified under section 16 of this chapter
2393	2393	21 for the certification of candidates and public questions by the election
2394	2394	22 division, the chairman chairperson of the political party or the
2395	2395	23 petitioner of nomination shall file a camera-ready copy of the device
2396	2396	24 under which the candidates of the political party or the petitioner are
2397	2397	25 to be listed with the county election board of each county in which the
2398	2398	26 name of the candidate or party will be placed on the ballot. The county
2399	2399	27 election board shall provide the camera-ready copy of the device to the
2400	2400	28 town election board of a town located wholly or partially within the
2401	2401	29 county upon request by the town election board.
2402	2402	30 (f) If a copy of the device is not filed in accordance with subsection
2403	2403	31 (a) or (e), or unless a device is designated in accordance with section
2404	2404	32 26 or 27 of this chapter, the county election board or town election
2405	2405	33 board is not required to use any device to designate the list of
2406	2406	34 candidates.
2407	2407	35 (g) If a device is filed with the election division or an election board
2408	2408	36 after the commencement of printing of ballots for use at an election
2409	2409	37 conducted under this title, the election board responsible for printing
2410	2410	38 the ballots is not required to alter the ballots to include the device filed
2411	2411	39 under this subsection.
2412	2412	40 SECTION 111. IC 3-8-7-29, AS AMENDED BY P.L.84-2016,
2413	2413	41 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2414	2414	42 JULY 1, 2024]: Sec. 29. (a) This section applies:
2415	2415	2024 IN 1267—LS 6912/DI 92 57
2416	2416	1 (1) if a person:
2417	2417	2 (A) has been certified as a candidate in a certificate of
2418	2418	3 nomination filed under this chapter;
2419	2419	4 (B) moves from the election district that the person sought to
2420	2420	5 represent following the filing of the certificate of nomination;
2421	2421	6 (C) does not file a notice of withdrawal of candidacy under
2422	2422	7 section 28 of this chapter; and
2423	2423	8 (D) is no longer an active candidate; or
2424	2424	9 (2) if a person is disqualified from being a candidate under
2425	2425	10 IC 3-8-1-5.
2426	2426	11 (b) The county chairman chairperson of any political party on the
2427	2427	12 ballot in the election district or a candidate for the office sought by the
2428	2428	13 person described in subsection (a) may, upon determining that this
2429	2429	14 section applies, file an action in the circuit court, superior court, or
2430	2430	15 probate court in the county where the person described in subsection
2431	2431	16 (a) resided. The complaint in this action must:
2432	2432	17 (1) state that this section applies to the person; and
2433	2433	18 (2) name the person described in subsection (a) and the public
2434	2434	19 official responsible for placing that person's name on the ballot as
2435	2435	20 defendants.
2436	2436	21 (c) When a complaint is filed under subsection (b), the circuit court,
2437	2437	22 superior court, or probate court shall conduct a hearing and rule on the
2438	2438	23 petition within ten (10) days after it is filed.
2439	2439	24 (d) If the court finds in favor of the plaintiff, a candidate vacancy
2440	2440	25 occurs on the:
2441	2441	26 (1) general election ballot; and
2442	2442	27 (2) primary election ballot if no other person is:
2443	2443	28 (A) a member of the same political party as the person
2444	2444	29 described in subsection (a); and
2445	2445	30 (B) a candidate on the ballot for the office sought by the
2446	2446	31 person described in subsection (a).
2447	2447	32 (e) The candidate vacancy shall be filled under IC 3-13-1 or
2448	2448	33 IC 3-13-2.
2449	2449	34 SECTION 112. IC 3-9-1-1 IS AMENDED TO READ AS
2450	2450	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as
2451	2451	36 provided in subsection (b), this chapter applies to candidates in all
2452	2452	37 elections and caucuses and to the following types of committees:
2453	2453	38 (1) Candidate's committees.
2454	2454	39 (2) Regular party committees.
2455	2455	40 (3) Political action committees.
2456	2456	41 (4) Legislative caucus committees.
2457	2457	42 (b) This chapter does not apply to the following:
2458	2458	2024 IN 1267—LS 6912/DI 92 58
2459	2459	1 (1) A candidate for a local office for which the compensation is
2460	2460	2 less than five thousand dollars ($5,000) per year unless the
2461	2461	3 candidate is required to file a written instrument designating a
2462	2462	4 principal committee under section 5.5 of this chapter.
2463	2463	5 (2) A candidate for school board office unless the candidate is
2464	2464	6 required to file a written instrument designating a principal
2465	2465	7 committee under section 5.5 of this chapter.
2466	2466	8 (3) Elections for precinct committeeman committee person or
2467	2467	9 delegate to a state convention.
2468	2468	10 (4) An auxiliary party organization.
2469	2469	11 SECTION 113. IC 3-9-1-2 IS AMENDED TO READ AS
2470	2470	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Each committee
2471	2471	13 must have a chairman chairperson and a treasurer who are ex officio
2472	2472	14 members of the committee. A person may not make an expenditure or
2473	2473	15 accept a contribution for or on behalf of a committee without the
2474	2474	16 authorization of its chairman chairperson or treasurer.
2475	2475	17 SECTION 114. IC 3-9-1-4, AS AMENDED BY P.L.169-2015,
2476	2476	18 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2477	2477	19 JULY 1, 2024]: Sec. 4. A committee must include in its statement of
2478	2478	20 organization the following:
2479	2479	21 (1) The name and address of the committee.
2480	2480	22 (2) The purpose for which the committee is formed, unless the
2481	2481	23 committee is a candidate's committee that identifies a specific
2482	2482	24 office sought by the candidate.
2483	2483	25 (3) The name and address of the chairman chairperson and
2484	2484	26 treasurer.
2485	2485	27 (4) If applicable, the name, address, office sought, and political
2486	2486	28 party affiliation or independent status of each candidate whom the
2487	2487	29 committee is supporting.
2488	2488	30 (5) If the committee is a legislative caucus committee, political
2489	2489	31 action committee, or regular party committee and is supporting
2490	2490	32 the entire ticket of a political party, the name of the party.
2491	2491	33 (6) If the committee is a political action committee supporting or
2492	2492	34 opposing a public question, a brief statement of the question
2493	2493	35 supported or opposed.
2494	2494	36 (7) A listing of all banks, safety deposit boxes, and other
2495	2495	37 depositories used.
2496	2496	38 (8) Other information prescribed by the election division under
2497	2497	39 IC 3-6-4.2-12(8).
2498	2498	40 SECTION 115. IC 3-9-1-5 IS AMENDED TO READ AS
2499	2499	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) This section does
2500	2500	42 not apply to the following candidates:
2501	2501	2024 IN 1267—LS 6912/DI 92 59
2502	2502	1 (1) A candidate for a local office for which the compensation is
2503	2503	2 less than five thousand dollars ($5,000) per year.
2504	2504	3 (2) A candidate for a school board office.
2505	2505	4 (b) Each candidate shall have a principal committee.
2506	2506	5 (c) A candidate shall file a written instrument designating the name
2507	2507	6 of the principal committee and the names of the chairman chairperson
2508	2508	7 and treasurer of the committee. The written instrument must be filed
2509	2509	8 not later than the earliest of the following:
2510	2510	9 (1) Noon ten (10) days after becoming a candidate.
2511	2511	10 (2) Noon seven (7) days after the final date and hour for filing any
2512	2512	11 of the following, whichever applies to the candidate:
2513	2513	12 (A) A declaration of candidacy under IC 3-8-2.
2514	2514	13 (B) A petition of nomination under IC 3-8-6.
2515	2515	14 (C) A certificate of nomination under IC 3-8-7-8.
2516	2516	15 (D) A certificate of candidate selection under IC 3-13-1 or
2517	2517	16 IC 3-13-2.
2518	2518	17 (E) A declaration of intent to be a write-in candidate under
2519	2519	18 IC 3-8-2.
2520	2520	19 (3) The date a candidate is required to file the candidate's first
2521	2521	20 campaign finance report under IC 3-9-5.
2522	2522	21 (d) This designation may be made on the same instrument as the
2523	2523	22 statement of organization required from the principal committee.
2524	2524	23 SECTION 116. IC 3-9-1-5.5 IS AMENDED TO READ AS
2525	2525	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) This section
2526	2526	25 applies to the following candidates:
2527	2527	26 (1) A candidate for a local office for which the compensation is
2528	2528	27 less than five thousand dollars ($5,000) per year.
2529	2529	28 (2) A candidate for a school board office.
2530	2530	29 (b) A candidate shall have a principal committee.
2531	2531	30 (c) Not later than noon ten (10) days after either:
2532	2532	31 (1) the candidate receives more than five hundred dollars ($500)
2533	2533	32 in contributions; or
2534	2534	33 (2) the candidate makes more than five hundred dollars ($500) in
2535	2535	34 expenditures;
2536	2536	35 whichever occurs first, the candidate shall file a written instrument
2537	2537	36 designating the name of the principal committee and the names of the
2538	2538	37 chairman chairperson and treasurer of the committee.
2539	2539	38 (d) This designation may be made on the same instrument as the
2540	2540	39 statement of organization required from the principal committee.
2541	2541	40 SECTION 117. IC 3-9-1-6 IS AMENDED TO READ AS
2542	2542	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. If a candidate fails
2543	2543	42 to file the instrument required by section 5 or 5.5 of this chapter, the
2544	2544	2024 IN 1267—LS 6912/DI 92 60
2545	2545	1 candidate's principal committee is designated as "the
2546	2546	2 ____________(insert the name of the candidate) for _________ (insert
2547	2547	3 the title of the office sought by the candidate) committee". The
2548	2548	4 candidate is then both chairman chairperson and treasurer of the
2549	2549	5 committee.
2550	2550	6 SECTION 118. IC 3-9-1-7 IS AMENDED TO READ AS
2551	2551	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. A candidate may be
2552	2552	8 chairman, chairperson, treasurer, or both chairman chairperson and
2553	2553	9 treasurer of the candidate's committee.
2554	2554	10 SECTION 119. IC 3-9-1-12, AS AMENDED BY P.L.225-2011,
2555	2555	11 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2556	2556	12 JULY 1, 2024]: Sec. 12. (a) A committee may disband at any time in
2557	2557	13 the manner prescribed by this section.
2558	2558	14 (b) The commission or a county election board may administratively
2559	2559	15 disband a committee in the manner prescribed by this section.
2560	2560	16 (c) The commission has exclusive jurisdiction to disband any of the
2561	2561	17 following:
2562	2562	18 (1) A candidate's committee for state office.
2563	2563	19 (2) A candidate's committee for legislative office.
2564	2564	20 (3) A legislative caucus committee.
2565	2565	21 (4) A political action committee that has filed a statement or
2566	2566	22 report with the election division.
2567	2567	23 (5) A regular party committee that has filed a statement or report
2568	2568	24 with the election division.
2569	2569	25 (d) A county election board has exclusive jurisdiction to disband
2570	2570	26 any of the following:
2571	2571	27 (1) A candidate's committee for a local office.
2572	2572	28 (2) A candidate's committee for a school board office.
2573	2573	29 (3) A political action committee that has filed a statement or
2574	2574	30 report with the election board, unless the political action
2575	2575	31 committee has also filed a report with the election division.
2576	2576	32 (4) A regular party committee that has filed a statement or report
2577	2577	33 with the election board, unless the regular party committee has
2578	2578	34 also filed a report with the election division.
2579	2579	35 (e) The commission or a county election board may administratively
2580	2580	36 disband a committee in the following manner:
2581	2581	37 (1) Not later than the last Friday of January of each year, the
2582	2582	38 election division or county election board shall review the list of
2583	2583	39 committees that have filed statements of organization with the
2584	2584	40 division or board under this article.
2585	2585	41 (2) If the election division or county election board determines
2586	2586	42 both of the following, the election division or county election
2587	2587	2024 IN 1267—LS 6912/DI 92 61
2588	2588	1 board may begin a proceeding before the commission or board to
2589	2589	2 administratively disband the committee:
2590	2590	3 (A) The committee has not filed any report of expenditures
2591	2591	4 during the previous three (3) calendar years.
2592	2592	5 (B) The committee last reported cash on hand in an amount
2593	2593	6 that does not exceed one thousand dollars ($1,000), if the
2594	2594	7 committee filed a report under this article.
2595	2595	8 (3) The election division or county election board shall provide
2596	2596	9 notice of the proceeding by certified mail to the last known
2597	2597	10 address of the chairman chairperson and treasurer of the
2598	2598	11 committee.
2599	2599	12 (4) The commission or board may issue an order administratively
2600	2600	13 dissolving the committee if the commission or board makes the
2601	2601	14 following findings:
2602	2602	15 (A) There is no evidence that the committee continues to
2603	2603	16 receive contributions, make expenditures, or otherwise
2604	2604	17 function as a committee.
2605	2605	18 (B) According to the best evidence available to the
2606	2606	19 commission or board, the dissolution of the committee will not
2607	2607	20 impair any contract or impede the collection of a debt or
2608	2608	21 judgment by any person.
2609	2609	22 (5) If the commission or board:
2610	2610	23 (A) administratively dissolves a committee under subdivision
2611	2611	24 (4); and
2612	2612	25 (B) finds that the prudent use of public resources makes
2613	2613	26 further efforts to collect any outstanding civil penalty imposed
2614	2614	27 against the committee wasteful or unjust;
2615	2615	28 the commission or board may also waive the outstanding civil
2616	2616	29 penalty previously imposed by the commission or board against
2617	2617	30 the committee.
2618	2618	31 (6) The election division shall arrange for the publication in the
2619	2619	32 Indiana Register of an order administratively disbanding a
2620	2620	33 committee. A county election board shall publish a notice under
2621	2621	34 IC 5-3-1 stating that the board has disbanded a committee under
2622	2622	35 this subsection. The notice must state the date of the order and the
2623	2623	36 name of the committee, but the board is not required to publish
2624	2624	37 the text of the order.
2625	2625	38 (7) An order issued under this subsection takes effect immediately
2626	2626	39 upon its adoption, unless otherwise specified in the order.
2627	2627	40 (f) If the chairman chairperson or treasurer of a committee wishes
2628	2628	41 to disband the committee, the committee must do either of the
2629	2629	42 following:
2630	2630	2024 IN 1267—LS 6912/DI 92 62
2631	2631	1 (1) Give written notification of the dissolution and transfer a
2632	2632	2 surplus of contributions less expenditures to any one (1) or a
2633	2633	3 combination of the following:
2634	2634	4 (A) One (1) or more regular party committees.
2635	2635	5 (B) One (1) or more candidate's committees.
2636	2636	6 (C) The election division.
2637	2637	7 (D) An organization exempt from federal income taxation
2638	2638	8 under Section 501 of the Internal Revenue Code.
2639	2639	9 (E) Contributors to the committee, on a pro rata basis.
2640	2640	10 (2) Use the surplus in any other manner permitted under
2641	2641	11 IC 3-9-3-4.
2642	2642	12 (g) Except as provided in subsection (e) concerning the waiver of
2643	2643	13 civil penalties, a dissolution or transfer of funds does not relieve the
2644	2644	14 committee or the committee's members from any:
2645	2645	15 (1) civil liability, including the liability of the committee's
2646	2646	16 chairman chairperson or treasurer for the payment of any debts
2647	2647	17 incurred by or on behalf of the committee; or
2648	2648	18 (2) criminal liability.
2649	2649	19 SECTION 120. IC 3-9-1-13 IS AMENDED TO READ AS
2650	2650	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. A treasurer of a
2651	2651	21 committee:
2652	2652	22 (1) must be a United States citizen;
2653	2653	23 (2) may not be the chairman chairperson of a committee except
2654	2654	24 in the case of a candidate under section 7 of this chapter;
2655	2655	25 (3) must be appointed treasurer in writing as required by section
2656	2656	26 14 of this chapter; and
2657	2657	27 (4) must file the written instrument of appointment as required by
2658	2658	28 section 15 of this chapter.
2659	2659	29 SECTION 121. IC 3-9-1-14 IS AMENDED TO READ AS
2660	2660	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The chairman
2661	2661	31 chairperson of a committee shall appoint or designate the treasurer of
2662	2662	32 the committee in a written instrument.
2663	2663	33 SECTION 122. IC 3-9-1-19 IS AMENDED TO READ AS
2664	2664	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) A committee
2665	2665	35 may remove a person appointed or designated chairman chairperson
2666	2666	36 or treasurer by the committee without assigning a cause. The
2667	2667	37 committee may also appoint or designate the successor of the removed
2668	2668	38 chairman chairperson or treasurer.
2669	2669	39 (b) Upon removal, the treasurer shall immediately account for and
2670	2670	40 turn over to the treasurer's successor in office the value then in the
2671	2671	41 treasurer's possession.
2672	2672	42 SECTION 123. IC 3-9-1-22 IS AMENDED TO READ AS
2673	2673	2024 IN 1267—LS 6912/DI 92 63
2674	2674	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. Disbursements may
2675	2675	2 be made by a voucher drawn by the chairman chairperson of a
2676	2676	3 committee on the treasurer and presented to the treasurer for payment.
2677	2677	4 The voucher must show the specific purpose for which the money is
2678	2678	5 being expended.
2679	2679	6 SECTION 124. IC 3-9-2-1 IS AMENDED TO READ AS
2680	2680	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as
2681	2681	8 provided in subsections (b) and (c), this chapter applies to candidates
2682	2682	9 in all elections and caucuses and to the following types of committees:
2683	2683	10 (1) Candidate's committees.
2684	2684	11 (2) Regular party committees.
2685	2685	12 (3) Political action committees.
2686	2686	13 (4) A legislative caucus committee.
2687	2687	14 (b) Sections 2 through 10 of this chapter do not apply to elections
2688	2688	15 for precinct committeeman committee person or delegate to a state
2689	2689	16 convention.
2690	2690	17 (c) Section 9 of this chapter applies to a candidate only if the
2691	2691	18 candidate is required to file a written instrument designating a principal
2692	2692	19 committee under IC 3-9-1-5 or IC 3-9-1-5.5.
2693	2693	20 (d) Sections 9 and 10 of this chapter apply to an auxiliary party
2694	2694	21 organization.
2695	2695	22 SECTION 125. IC 3-9-3-1 IS AMENDED TO READ AS
2696	2696	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as
2697	2697	24 provided in subsections (b) and (c), this chapter applies to candidates
2698	2698	25 in all elections and caucuses and to the following types of committees:
2699	2699	26 (1) Candidate's committees.
2700	2700	27 (2) Regular party committees.
2701	2701	28 (3) Political action committees.
2702	2702	29 (4) An auxiliary party organization.
2703	2703	30 (5) A legislative caucus committee.
2704	2704	31 (b) Section 4 of this chapter does not apply to candidates for federal
2705	2705	32 office.
2706	2706	33 (c) Section 2.5 of this chapter does not apply to candidates for the
2707	2707	34 following:
2708	2708	35 (1) Precinct committeeman. committee person.
2709	2709	36 (2) State convention delegate.
2710	2710	37 SECTION 126. IC 3-9-4-1 IS AMENDED TO READ AS
2711	2711	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as
2712	2712	39 provided in subsection (b), this chapter applies to candidates in all
2713	2713	40 elections and caucuses and to the following types of committees:
2714	2714	41 (1) Candidate's committees.
2715	2715	42 (2) Regular party committees.
2716	2716	2024 IN 1267—LS 6912/DI 92 64
2717	2717	1 (3) Political action committees.
2718	2718	2 (4) A legislative caucus committee.
2719	2719	3 (b) This chapter does not apply to the following:
2720	2720	4 (1) A candidate for a local office for which the compensation is
2721	2721	5 less than five thousand dollars ($5,000) per year unless the
2722	2722	6 candidate is required to file a written instrument designating a
2723	2723	7 principal committee under IC 3-9-1-5.5.
2724	2724	8 (2) Elections for precinct committeeman committee person or
2725	2725	9 delegate to a state convention.
2726	2726	10 (3) A candidate for a school board office unless the candidate is
2727	2727	11 required to file a written instrument designating a principal
2728	2728	12 committee under IC 3-9-1-5.5.
2729	2729	13 (4) An auxiliary party organization.
2730	2730	14 SECTION 127. IC 3-9-5-1 IS AMENDED TO READ AS
2731	2731	15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as
2732	2732	16 provided in subsection (b), this chapter applies to candidates in all
2733	2733	17 elections and caucuses and to the following types of committees:
2734	2734	18 (1) Candidate's committees.
2735	2735	19 (2) Regular party committees.
2736	2736	20 (3) Political action committees.
2737	2737	21 (4) A legislative caucus committee.
2738	2738	22 (b) This chapter does not apply to the following:
2739	2739	23 (1) A candidate for a local office for which the compensation is
2740	2740	24 less than five thousand dollars ($5,000) per year unless the
2741	2741	25 candidate is required to file a written instrument designating a
2742	2742	26 principal committee under IC 3-9-1-5.5.
2743	2743	27 (2) A candidate for school board office unless the candidate is
2744	2744	28 required to file a written instrument designating a principal
2745	2745	29 committee under IC 3-9-1-5.5.
2746	2746	30 (3) Elections for precinct committeeman committee person or
2747	2747	31 delegate to a state convention.
2748	2748	32 (4) An auxiliary party organization.
2749	2749	33 SECTION 128. IC 3-10-1-4 IS AMENDED TO READ AS
2750	2750	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) At a primary
2751	2751	35 election each political party subject to section 2 of this chapter shall
2752	2752	36 nominate its candidates for the following offices to be voted for at the
2753	2753	37 general election:
2754	2754	38 (1) United States Senator.
2755	2755	39 (2) Governor.
2756	2756	40 (3) United States Representative.
2757	2757	41 (4) Legislative offices.
2758	2758	42 (5) Local offices.
2759	2759	2024 IN 1267—LS 6912/DI 92 65
2760	2760	1 (b) In addition, each political party subject to section 2 of this
2761	2761	2 chapter shall:
2762	2762	3 (1) vote on candidates for nomination as President of the United
2763	2763	4 States;
2764	2764	5 (2) elect delegates from each county to the party's state
2765	2765	6 convention; and
2766	2766	7 (3) elect a precinct committeeman committee person for each
2767	2767	8 precinct in the county if precinct committeemen committee
2768	2768	9 persons are to be elected under section 4.5 of this chapter.
2769	2769	10 SECTION 129. IC 3-10-1-4.5, AS AMENDED BY P.L.141-2023,
2770	2770	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2771	2771	12 JULY 1, 2024]: Sec. 4.5. (a) Except as provided in section 4.6 of this
2772	2772	13 chapter, precinct committeemen committee persons shall be elected
2773	2773	14 on the first Tuesday after the first Monday in May 2026, 2030, 2034,
2774	2774	15 2038, 2042, and every four (4) years thereafter.
2775	2775	16 (b) The rules of a political party may specify whether a precinct
2776	2776	17 committeeman committee person elected under subsection (a)
2777	2777	18 continues to serve as a precinct committeeman committee person after
2778	2778	19 the boundaries of the precinct are changed by a precinct establishment
2779	2779	20 order issued under IC 3-11-1.5.
2780	2780	21 SECTION 130. IC 3-10-1-4.6, AS AMENDED BY P.L.141-2023,
2781	2781	22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2782	2782	23 JULY 1, 2024]: Sec. 4.6. (a) This section applies to precinct
2783	2783	24 committeemen committee persons elected by the Indiana Republican
2784	2784	25 Party.
2785	2785	26 (b) Precinct committeemen committee persons shall be elected on
2786	2786	27 the first Tuesday after the first Monday in May 2024, 2028, 2032,
2787	2787	28 2036, 2040, 2044, and every four (4) years thereafter.
2788	2788	29 (c) The rules of the Indiana Republican Party may specify whether
2789	2789	30 a precinct committeeman committee person elected under subsection
2790	2790	31 (b) continues to serve as a precinct committeeman committee person
2791	2791	32 after the boundaries of the precinct are changed by a precinct
2792	2792	33 establishment order issued under IC 3-11-1.5.
2793	2793	34 SECTION 131. IC 3-10-1-5 IS AMENDED TO READ AS
2794	2794	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever there
2795	2795	36 is no contest in a political party for the nomination of a candidate or
2796	2796	37 candidates for an office, the party may hold a primary election for that
2797	2797	38 nomination. The appropriate election board shall certify the names of
2798	2798	39 the candidates for each nomination for which there is no contest as
2799	2799	40 though a primary election had been held. However, except as provided
2800	2800	41 in subsections (b) through (c), if there is a contest in any party for any
2801	2801	42 nomination, the name of each candidate of each party shall be placed
2802	2802	2024 IN 1267—LS 6912/DI 92 66
2803	2803	1 on the primary election ballot, whether or not the candidate is opposed.
2804	2804	2 (b) If the only contest in a political party is for the election of a
2805	2805	3 precinct committeeman committee person or a delegate to the party's
2806	2806	4 state convention, the names of unopposed candidates for nomination
2807	2807	5 are not required to be placed on the primary election ballot unless the
2808	2808	6 appointed member of the county election board affiliated with the
2809	2809	7 political party files a written request that these names be printed on the
2810	2810	8 primary election ballot.
2811	2811	9 (c) The names of unopposed candidates for election as a precinct
2812	2812	10 committeeman committee person or a delegate to a political party's
2813	2813	11 state convention are not required to be placed on the primary election
2814	2814	12 ballot unless an appointed member of the county election board
2815	2815	13 affiliated with the political party files a written request that these names
2816	2816	14 be printed on the primary election ballot.
2817	2817	15 (d) If a party wants to conduct a primary under subsection (c), an
2818	2818	16 appointed member of the county election board affiliated with the party
2819	2819	17 must file a notice with the county election board not later than noon
2820	2820	18 seven (7) days after the final date for filing a declaration of candidacy,
2821	2821	19 stating that the party will hold a primary.
2822	2822	20 SECTION 132. IC 3-10-1-18, AS AMENDED BY P.L.11-2023,
2823	2823	21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2824	2824	22 JULY 1, 2024]: Sec. 18. (a) Except as provided by subsection (b), the
2825	2825	23 names of all candidates for each office who have qualified under IC 3-8
2826	2826	24 shall be arranged in alphabetical order by surnames under the
2827	2827	25 designation of the office.
2828	2828	26 (b) This subsection applies to a county having a population of more
2829	2829	27 than four hundred thousand (400,000) and less than seven hundred
2830	2830	28 thousand (700,000). The names of all candidates for each office who
2831	2831	29 have qualified under IC 3-8, except for a school board office, precinct
2832	2832	30 committeeman, committee person, or state convention delegate, shall
2833	2833	31 be arranged in random order by surnames under the designation of the
2834	2834	32 office. The random order shall be determined using a lottery. The
2835	2835	33 lottery held in accordance with this subsection shall be conducted in
2836	2836	34 public by the county election board. The lottery shall be held not later
2837	2837	35 than fifteen (15) days following the last day for a declaration of
2838	2838	36 candidacy under IC 3-8-2-4. All candidates whose names are to be
2839	2839	37 arranged by way of the lottery shall be notified at least five (5) days
2840	2840	38 prior to the lottery of the time and place at which the lottery is to be
2841	2841	39 held. Each candidate may have one (1) designated watcher, and each
2842	2842	40 county political party may have one (1) designated watcher who shall
2843	2843	41 be allowed to observe the lottery procedure.
2844	2844	42 (c) For paper ballots, the left margin of the ballot for each political
2845	2845	2024 IN 1267—LS 6912/DI 92 67
2846	2846	1 party must show the name of the uppermost candidate printed to the
2847	2847	2 right of the number 1, the next candidate number 2, the next candidate
2848	2848	3 number 3, and so on, consecutively to the end of the ballot as
2849	2849	4 prescribed in section 19 of this chapter. If ordered by a county election
2850	2850	5 board or a board of elections and registration under IC 3-11-15-13.1(b),
2851	2851	6 a ballot number or other candidate designation uniquely associated
2852	2852	7 with the candidate must be displayed on the electronic voting system
2853	2853	8 and printed on the ballot cards.
2854	2854	9 (d) This subsection applies to a county having a population of more
2855	2855	10 than four hundred thousand (400,000) and less than seven hundred
2856	2856	11 thousand (700,000). If there is insufficient room on a row to list each
2857	2857	12 candidate of a political party, a second or subsequent row may be
2858	2858	13 utilized. However, a second or subsequent row may not be utilized
2859	2859	14 unless the first row, and all preceding rows, have been filled.
2860	2860	15 SECTION 133. IC 3-10-1-19, AS AMENDED BY P.L.227-2023,
2861	2861	16 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2862	2862	17 JULY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall be
2863	2863	18 printed in substantially the form described in this section for all the
2864	2864	19 offices for which candidates have qualified under IC 3-8.
2865	2865	20 (b) The following shall be printed as the heading for the ballot for
2866	2866	21 a political party:
2867	2867	22 "OFFICIAL PRIMARY BALLOT
2868	2868	23 _________________ Party (insert the name of the political party)".
2869	2869	24 (c) The following shall be printed immediately below the heading
2870	2870	25 required by subsection (b) or be posted in each voting booth as
2871	2871	26 provided in IC 3-11-2-8(b):
2872	2872	27 (1) For paper ballots, print: To vote for a person, make a voting
2873	2873	28 mark (X or U) on or in the box before the person's name in the
2874	2874	29 proper column.
2875	2875	30 (2) For optical scan ballots, print: To vote for a person, darken or
2876	2876	31 shade in the circle, oval, or square (or draw a line to connect the
2877	2877	32 arrow) that precedes the person's name in the proper column.
2878	2878	33 (3) For optical scan ballots that do not contain a candidate's name,
2879	2879	34 print: To vote for a person, darken or shade in the oval that
2880	2880	35 precedes the number assigned to the person's name in the proper
2881	2881	36 column.
2882	2882	37 (4) For electronic voting systems, print: To vote for a person,
2883	2883	38 touch the screen (or press the button) in the location indicated.
2884	2884	39 (d) Local public questions shall be placed on the primary election
2885	2885	40 ballot after the heading and the voting instructions described in
2886	2886	41 subsection (c) (if the instructions are printed on the ballot) and before
2887	2887	42 the offices described in subsection (g).
2888	2888	2024 IN 1267—LS 6912/DI 92 68
2889	2889	1 (e) The local public questions described in subsection (d) shall be
2890	2890	2 placed as follows:
2891	2891	3 (1) In a separate column on the ballot if voting is by paper ballot.
2892	2892	4 (2) After the heading and the voting instructions described in
2893	2893	5 subsection (c) (if the instructions are printed on the ballot) and
2894	2894	6 before the offices described in subsection (g), in the form
2895	2895	7 specified in IC 3-11-13-11 if voting is by ballot card.
2896	2896	8 (3) As provided by either of the following if voting is by an
2897	2897	9 electronic voting system:
2898	2898	10 (A) On a separate screen for a public question.
2899	2899	11 (B) After the heading and the voting instructions described in
2900	2900	12 subsection (c) (if the instructions are printed on the ballot) and
2901	2901	13 before the offices described in subsection (g), in the form
2902	2902	14 specified in IC 3-11-14-3.5.
2903	2903	15 (f) A public question shall be placed on the primary election ballot
2904	2904	16 in the following form:
2905	2905	17 (The explanatory text for the public question,
2906	2906	18 if required by law.)
2907	2907	19 "Shall (insert public question)?"
2908	2908	20 [] YES
2909	2909	21 [] NO
2910	2910	22 (g) The offices with candidates for nomination shall be placed on
2911	2911	23 the primary election ballot in the following order:
2912	2912	24 (1) Federal and state offices:
2913	2913	25 (A) President of the United States.
2914	2914	26 (B) United States Senator.
2915	2915	27 (C) Governor.
2916	2916	28 (D) United States Representative.
2917	2917	29 (2) Legislative offices:
2918	2918	30 (A) State senator.
2919	2919	31 (B) State representative.
2920	2920	32 (3) Circuit offices and county judicial offices:
2921	2921	33 (A) Judge of the circuit court, and unless otherwise specified
2922	2922	34 under IC 33, with each division separate if there is more than
2923	2923	35 one (1) judge of the circuit court.
2924	2924	36 (B) Judge of the superior court, and unless otherwise specified
2925	2925	37 under IC 33, with each division separate if there is more than
2926	2926	38 one (1) judge of the superior court.
2927	2927	39 (C) Judge of the probate court.
2928	2928	40 (D) Prosecuting attorney.
2929	2929	41 (E) Circuit court clerk.
2930	2930	42 (4) County offices:
2931	2931	2024 IN 1267—LS 6912/DI 92 69
2932	2932	1 (A) County auditor.
2933	2933	2 (B) County recorder.
2934	2934	3 (C) County treasurer.
2935	2935	4 (D) County sheriff.
2936	2936	5 (E) County coroner.
2937	2937	6 (F) County surveyor.
2938	2938	7 (G) County assessor.
2939	2939	8 (H) County commissioner.
2940	2940	9 (I) County council member.
2941	2941	10 (5) Township offices:
2942	2942	11 (A) Township assessor (only in a township referred to in
2943	2943	12 IC 36-6-5-1(d)).
2944	2944	13 (B) Township trustee.
2945	2945	14 (C) Township board member.
2946	2946	15 (D) Judge of the small claims court.
2947	2947	16 (E) Constable of the small claims court.
2948	2948	17 (6) City offices:
2949	2949	18 (A) Mayor.
2950	2950	19 (B) Clerk or clerk-treasurer.
2951	2951	20 (C) Judge of the city court.
2952	2952	21 (D) City-county council member or common council member.
2953	2953	22 (7) Town offices:
2954	2954	23 (A) Clerk-treasurer.
2955	2955	24 (B) Judge of the town court.
2956	2956	25 (C) Town council member.
2957	2957	26 (h) The political party offices with candidates for election shall be
2958	2958	27 placed on the primary election ballot in the following order after the
2959	2959	28 offices described in subsection (g):
2960	2960	29 (1) Precinct committeeman. committee person.
2961	2961	30 (2) State convention delegate.
2962	2962	31 (i) The local offices to be elected at the primary election shall be
2963	2963	32 placed on the primary election ballot after the offices described in
2964	2964	33 subsection (h).
2965	2965	34 (j) The offices described in subsection (i) shall be placed as follows:
2966	2966	35 (1) In a separate column on the ballot if voting is by paper ballot.
2967	2967	36 (2) After the offices described in subsection (h) in the form
2968	2968	37 specified in IC 3-11-13-11 if voting is by ballot card.
2969	2969	38 (3) Either:
2970	2970	39 (A) on a separate screen for each office or public question; or
2971	2971	40 (B) after the offices described in subsection (h) in the form
2972	2972	41 specified in IC 3-11-14-3.5;
2973	2973	42 if voting is by an electronic voting system.
2974	2974	2024 IN 1267—LS 6912/DI 92 70
2975	2975	1 (k) If no candidate has filed to run for an office on the primary ballot
2976	2976	2 then the county election board may print "NO CANDIDATE FILED"
2977	2977	3 in the place on the ballot where a candidate's name would have been
2978	2978	4 printed.
2979	2979	5 SECTION 134. IC 3-10-2-15 IS AMENDED TO READ AS
2980	2980	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) This section
2981	2981	7 applies to a political party whose nominee received at least two percent
2982	2982	8 (2%) but less than ten percent (10%) of the votes cast for secretary of
2983	2983	9 state at the last election for that office.
2984	2984	10 (b) This section applies only to a local office that is:
2985	2985	11 (1) not listed in IC 3-8-2-5; and
2986	2986	12 (2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12.
2987	2987	13 (c) A political party subject to this section shall nominate the party's
2988	2988	14 candidate for a local office at a county convention of the party
2989	2989	15 conducted not later than noon on the date specified by
2990	2990	16 IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate
2991	2991	17 vacancy.
2992	2992	18 (d) The chairman chairperson and secretary of the convention shall
2993	2993	19 execute a certificate of nomination in writing, setting out the following:
2994	2994	20 (1) The name of each nominee as:
2995	2995	21 (A) the nominee wants the nominee's name to appear on the
2996	2996	22 ballot; and
2997	2997	23 (B) the nominee's name is permitted to appear on the ballot
2998	2998	24 under IC 3-5-7.
2999	2999	25 (2) The residence address of each nominee.
3000	3000	26 (3) The office for which each nominee was nominated.
3001	3001	27 (4) That each nominee is legally qualified to hold office.
3002	3002	28 (5) The political party device or emblem by which the ticket will
3003	3003	29 be designated on the ballot.
3004	3004	30 Both the chairman chairperson and secretary shall acknowledge the
3005	3005	31 certificate before an officer authorized to take acknowledgment of
3006	3006	32 deeds.
3007	3007	33 (e) Each candidate nominated under this section shall execute a
3008	3008	34 consent to the nomination in the same form as a candidate nominated
3009	3009	35 by petition under IC 3-8-6.
3010	3010	36 (f) The certificate required by subsection (d) and the consent
3011	3011	37 required by subsection (e) must be filed with the circuit court clerk of
3012	3012	38 the county containing the greatest percentage of population of the
3013	3013	39 election district for which the candidate has been nominated by the
3014	3014	40 convention not later than noon on the date specified by IC 3-13-1-15(c)
3015	3015	41 for a major political party to file a certificate of candidate selection.
3016	3016	42 (g) A candidate's consent to the nomination must include a
3017	3017	2024 IN 1267—LS 6912/DI 92 71
3018	3018	1 statement that the candidate requests the name on the candidate's voter
3019	3019	2 registration record be the same as the name the candidate uses on the
3020	3020	3 consent to the nomination. If there is a difference between the name on
3021	3021	4 the candidate's consent to the nomination and the name on the
3022	3022	5 candidate's voter registration record, the officer with whom the consent
3023	3023	6 to the nomination is filed shall forward the information to the voter
3024	3024	7 registration officer of the appropriate county. The voter registration
3025	3025	8 officer of the appropriate county shall change the name on the
3026	3026	9 candidate's voter registration record to be the same as the name on the
3027	3027	10 candidate's consent to the nomination.
3028	3028	11 (h) A question concerning the validity of a candidate's nomination
3029	3029	12 under this section shall be determined by a county election board in
3030	3030	13 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
3031	3031	14 (i) A nominee who wants to withdraw must file a notice of
3032	3032	15 withdrawal in accordance with IC 3-8-7-28.
3033	3033	16 SECTION 135. IC 3-10-4-5, AS AMENDED BY P.L.201-2017,
3034	3034	17 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3035	3035	18 JULY 1, 2024]: Sec. 5. (a) This subsection applies to a major political
3036	3036	19 party and to a political party subject to IC 3-8-4-10. The state chairman
3037	3037	20 chairperson of each political party shall certify to the election division
3038	3038	21 the names of the nominees of the party for President and Vice President
3039	3039	22 of the United States and the state of which each nominee is a resident.
3040	3040	23 (b) If candidates for presidential electors and alternate presidential
3041	3041	24 electors are nominated by petitioners instead of by a convention of a
3042	3042	25 major political party or a party subject to IC 3-8-4-10, the petitioners
3043	3043	26 shall certify with the list of names of the presidential electors the
3044	3044	27 following:
3045	3045	28 (1) The names of their nominees for President and Vice President
3046	3046	29 of the United States.
3047	3047	30 (2) The state of which each nominee is a resident.
3048	3048	31 (3) The name of the political party of the nominees, or that the
3049	3049	32 nominees are an independent ticket.
3050	3050	33 (c) This subsection applies to a political party described in
3051	3051	34 subsection (a) and to candidates nominated by petitioners under
3052	3052	35 subsection (b). The names of:
3053	3053	36 (1) all candidates for:
3054	3054	37 (A) presidential electors; and
3055	3055	38 (B) alternate presidential electors; and
3056	3056	39 (2) all nominees for President and Vice President of the United
3057	3057	40 States;
3058	3058	41 shall be certified to the election division not later than noon on the
3059	3059	42 second Tuesday in September before the general election. The election
3060	3060	2024 IN 1267—LS 6912/DI 92 72
3061	3061	1 division shall certify to each county election board not later than noon
3062	3062	2 on the next following Thursday in September before the general
3063	3063	3 election the names of the nominees for President and Vice President of
3064	3064	4 the United States certified to the election division under this
3065	3065	5 subsection.
3066	3066	6 (d) The names of all candidates for presidential electors and
3067	3067	7 alternate presidential electors for a write-in candidate shall be included
3068	3068	8 on the declaration for candidacy filed by a write-in candidate for the
3069	3069	9 office of President or Vice President of the United States filed under
3070	3070	10 IC 3-8-2.
3071	3071	11 SECTION 136. IC 3-10-4-8, AS AMENDED BY P.L.201-2017,
3072	3072	12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3073	3073	13 JULY 1, 2024]: Sec. 8. (a) This section applies if a presidential elector:
3074	3074	14 (1) files the presidential elector's resignation with the governor
3075	3075	15 under IC 5-8-3.5;
3076	3076	16 (2) dies or is otherwise disqualified from holding office, and the
3077	3077	17 presidential elector's death or disqualification is certified to the
3078	3078	18 governor by the state chairman chairperson of the political party
3079	3079	19 of the presidential elector;
3080	3080	20 (3) fails to appear before 11 a.m. on the day prescribed by section
3081	3081	21 7 of this chapter; or
3082	3082	22 (4) vacates the presidential elector's office as described in section
3083	3083	23 9(d) of this chapter.
3084	3084	24 (b) If the presidential elector's alternate presidential elector is
3085	3085	25 present to vote, the alternate presidential elector shall fill the vacancy.
3086	3086	26 If the alternate presidential elector is not present, the presidential
3087	3087	27 electors present shall, by paper ballot and a majority vote of all those
3088	3088	28 present, immediately fill the vacancy upon proof of the resignation or
3089	3089	29 certification being provided to the presidential electors, or at 11 a.m.,
3090	3090	30 whichever occurs first. The presidential electors must fill the vacancy
3091	3091	31 as follows:
3092	3092	32 (1) If the alternate presidential elector for the vacant office is not
3093	3093	33 present to vote, by choosing a presidential elector from among the
3094	3094	34 alternate presidential electors present.
3095	3095	35 (2) If the number of alternate presidential electors present is
3096	3096	36 insufficient to fill any vacant position under subdivision (1), by
3097	3097	37 electing any immediately available individual who is qualified to
3098	3098	38 serve as a presidential elector.
3099	3099	39 (c) To qualify as an alternate presidential elector under subsection
3100	3100	40 (b), an individual who has not executed the pledge required under
3101	3101	41 section 1.7 of this chapter must execute the following pledge: "I agree
3102	3102	42 to serve and to mark my ballots for President and Vice President
3103	3103	2024 IN 1267—LS 6912/DI 92 73
3104	3104	1 consistent with the pledge of the individual to whose presidential
3105	3105	2 elector position I have succeeded.".
3106	3106	3 (d) The election shall immediately be certified by a majority of the
3107	3107	4 presidential electors to the governor, who shall immediately notify the
3108	3108	5 individual of the individual's election by presenting the individual with
3109	3109	6 a commission issued under IC 4-3-1-5.
3110	3110	7 SECTION 137. IC 3-10-6-4 IS AMENDED TO READ AS
3111	3111	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as
3112	3112	9 otherwise provided in this section, all candidates for nomination to an
3113	3113	10 office of the municipality by a major political party must be placed on
3114	3114	11 a primary election ballot for the candidate's party.
3115	3115	12 (b) If no candidate has filed for the nomination of a party to any
3116	3116	13 office of the municipality, the party may not hold a primary election in
3117	3117	14 the municipality.
3118	3118	15 (c) Whenever there is no contest in a political party for the
3119	3119	16 nomination of a candidate or candidates for an office, but at least one
3120	3120	17 (1) candidate has filed for the nomination by that political party, the
3121	3121	18 party may hold a primary election for that nomination.
3122	3122	19 (d) If a party wants to conduct a primary under subsection (c), the
3123	3123	20 county chairman chairperson of the party must file a notice with the
3124	3124	21 county election board not later than noon seven (7) days after the final
3125	3125	22 date for filing a declaration of candidacy, stating that the party will
3126	3126	23 hold a primary.
3127	3127	24 (e) The county election board of the county in which the greatest
3128	3128	25 percentage of the population of the municipality is located shall certify
3129	3129	26 the names of the candidates for each nomination for which there is no
3130	3130	27 contest as though a primary election had been held.
3131	3131	28 (f) If:
3132	3132	29 (1) there is a contest in an election district comprising all or part
3133	3133	30 of a municipality in any party for a nomination for an office; or
3134	3134	31 (2) a party has decided to hold a primary election for an office
3135	3135	32 under subsection (c);
3136	3136	33 the name of each candidate of the political party within the election
3137	3137	34 district shall be placed on the primary election ballot for the election
3138	3138	35 district, whether or not the candidate is opposed.
3139	3139	36 (g) This subsection applies when:
3140	3140	37 (1) there is a contest for nomination by a major political party for
3141	3141	38 at least one (1) of the municipality's legislative body members;
3142	3142	39 (2) only the voters who reside in a legislative body district are
3143	3143	40 eligible to vote in the primary election for the political party's
3144	3144	41 nomination of the legislative body member; and
3145	3145	42 (3) there is no contest for nomination to an office to be voted on
3146	3146	2024 IN 1267—LS 6912/DI 92 74
3147	3147	1 by all voters of the political party of the municipality.
3148	3148	2 The county election board may, by unanimous vote of the entire
3149	3149	3 membership of the board, adopt a resolution providing that a primary
3150	3150	4 election for the party will be held only in the legislative body election
3151	3151	5 districts in which voters will nominate candidates under subdivision
3152	3152	6 (2). The names of unopposed candidates for the party's nomination for
3153	3153	7 an office to be voted on by all voters of the municipality may not be
3154	3154	8 placed on the ballot used within the election districts for the
3155	3155	9 nomination of candidates under this subsection.
3156	3156	10 (h) If:
3157	3157	11 (1) there is no contest in an election district in any party for a
3158	3158	12 nomination for an office; and
3159	3159	13 (2) no party has decided to hold a primary election for any office
3160	3160	14 under subsection (c);
3161	3161	15 a primary election may not be held for any municipal office in the
3162	3162	16 election district.
3163	3163	17 SECTION 138. IC 3-10-6-12, AS AMENDED BY P.L.227-2023,
3164	3164	18 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3165	3165	19 JULY 1, 2024]: Sec. 12. (a) This section applies to a political party:
3166	3166	20 (1) not qualified to conduct a primary election under IC 3-10; and
3167	3167	21 (2) not required to nominate candidates by a petition of
3168	3168	22 nomination under IC 3-8-6.
3169	3169	23 (b) The political party may conduct a convention to nominate
3170	3170	24 candidates for city or town office not later than noon on the date
3171	3171	25 specified by IC 3-13-1-7(a)(1) for a major political party to act to fill
3172	3172	26 a candidate vacancy.
3173	3173	27 (c) The chairman chairperson and secretary of the convention shall
3174	3174	28 execute and acknowledge a certificate setting forth the nominees of the
3175	3175	29 convention in accordance with IC 3-8-5-13. The certificate must be
3176	3176	30 filed with the circuit court clerk of the county containing the greatest
3177	3177	31 percentage of population of the municipality not later than noon on the
3178	3178	32 date specified by IC 3-13-1-15(c) for a major political party to file a
3179	3179	33 certificate of candidate selection.
3180	3180	34 (d) Each candidate nominated under this section shall execute a
3181	3181	35 consent to the nomination in the same form as a candidate nominated
3182	3182	36 by petition under IC 3-8-6. The consent must be filed with the
3183	3183	37 certificate under subsection (c).
3184	3184	38 (e) A candidate's consent to the nomination must include a
3185	3185	39 statement that the candidate requests the name on the candidate's voter
3186	3186	40 registration record be the same as the name the candidate uses on the
3187	3187	41 consent to the nomination. If there is a difference between the name on
3188	3188	42 the candidate's consent to the nomination and the name on the
3189	3189	2024 IN 1267—LS 6912/DI 92 75
3190	3190	1 candidate's voter registration record, the officer with whom the consent
3191	3191	2 to the nomination is filed shall forward the information to the voter
3192	3192	3 registration officer of the appropriate county as required by
3193	3193	4 IC 3-5-7-6(d). The voter registration officer of the appropriate county
3194	3194	5 shall change the name on the candidate's voter registration record to be
3195	3195	6 the same as the name on the candidate's consent to the nomination.
3196	3196	7 (f) A question concerning the validity of a candidate's nomination
3197	3197	8 under this section shall be determined by a county election board in
3198	3198	9 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c).
3199	3199	10 (g) A nominee who wants to withdraw must file a notice of
3200	3200	11 withdrawal in accordance with IC 3-8-7-28.
3201	3201	12 SECTION 139. IC 3-10-7-1.5 IS AMENDED TO READ AS
3202	3202	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this
3203	3203	14 chapter, "appointed member" refers to the member of a town election
3204	3204	15 board who is also the town chairman chairperson of a major political
3205	3205	16 party appointed under IC 3-8-5-3.
3206	3206	17 SECTION 140. IC 3-10-7-7, AS AMENDED BY P.L.169-2015,
3207	3207	18 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3208	3208	19 JULY 1, 2024]: Sec. 7. If a town election board is established under
3209	3209	20 section 5.5 of this chapter, the town election board consists of the
3210	3210	21 following three (3) members:
3211	3211	22 (1) The town chairman chairperson of each of the major political
3212	3212	23 parties appointed under IC 3-8-5-3.
3213	3213	24 (2) The town clerk-treasurer.
3214	3214	25 SECTION 141. IC 3-10-7-11 IS AMENDED TO READ AS
3215	3215	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The members of a
3216	3216	27 town election board shall select one (1) of the appointed members to
3217	3217	28 serve as chairman. chairperson. The town clerk-treasurer shall serve
3218	3218	29 as secretary of the board.
3219	3219	30 SECTION 142. IC 3-10-7-12 IS AMENDED TO READ AS
3220	3220	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. A town election
3221	3221	32 board shall hold meetings on call of the chairman chairperson
3222	3222	33 whenever necessary to perform its duties. If the chairman chairperson
3223	3223	34 refuses, fails, or is unable to call a meeting, the two (2) remaining
3224	3224	35 members may meet to perform the duties of the board.
3225	3225	36 SECTION 143. IC 3-10-7-15 IS AMENDED TO READ AS
3226	3226	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) A town election
3227	3227	38 board may appoint and at its pleasure remove deputy election
3228	3228	39 commissioners. A deputy election commissioner appointed under this
3229	3229	40 section must reside in the town of the election board that appointed the
3230	3230	41 deputy commissioner. If a deputy election commissioner ceases to be
3231	3231	42 a resident of the town of the election board that appointed the deputy
3232	3232	2024 IN 1267—LS 6912/DI 92 76
3233	3233	1 election commissioner, the person may not continue to serve as a
3234	3234	2 deputy election commissioner of the town.
3235	3235	3 (b) The county chairman chairperson of each major political party
3236	3236	4 who appointed the chairman chairperson of that political party's town
3237	3237	5 committee under IC 3-8-5-3 shall designate one-half (1/2) of the deputy
3238	3238	6 commissioners. Deputy election commissioners may assist the town
3239	3239	7 election board in carrying out its duties in accordance with the rules
3240	3240	8 adopted by the board.
3241	3241	9 SECTION 144. IC 3-10-8-6, AS AMENDED BY P.L.230-2005,
3242	3242	10 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3243	3243	11 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsection (b) or (c),
3244	3244	12 if a special election is held at a time other than the time of a general
3245	3245	13 election, the election shall be held in accordance with this title. Each
3246	3246	14 county election board and other local public official who is required to
3247	3247	15 perform any duties in connection with a general election shall perform
3248	3248	16 the same duties for the special election, subject to the same provisions
3249	3249	17 and penalties as for a general election.
3250	3250	18 (b) If a special election is held:
3251	3251	19 (1) under a court order under IC 3-12-8; or
3252	3252	20 (2) for a local public question;
3253	3253	21 the county election board may provide that several precincts may vote
3254	3254	22 in the special election at the same polling place, if the county election
3255	3255	23 board finds by unanimous vote of the entire membership of the board
3256	3256	24 that the consolidation of polling places will not result in undue
3257	3257	25 inconvenience to voters.
3258	3258	26 (c) If a special election is held:
3259	3259	27 (1) under a court order under IC 3-12-8 for a school board office;
3260	3260	28 or
3261	3261	29 (2) for a local public question;
3262	3262	30 the county election board may by unanimous vote of the entire
3263	3263	31 membership of the board adopt a resolution to provide that each
3264	3264	32 precinct election board will include only one (1) inspector and one (1)
3265	3265	33 judge, and that only one (1) sheriff and one (1) poll clerk may be
3266	3266	34 nominated as precinct election officers. If the board has adopted a
3267	3267	35 resolution under subsection (b), a resolution adopted under this
3268	3268	36 subsection may also provide for more than one (1) precinct to be served
3269	3269	37 by the same precinct election board. A resolution adopted under this
3270	3270	38 subsection may not be rescinded by the county election board and
3271	3271	39 expires the day after the special election is conducted.
3272	3272	40 (d) The following procedures apply if a county election board adopts
3273	3273	41 a resolution under subsection (c):
3274	3274	42 (1) The inspector shall be nominated by the county chairman
3275	3275	2024 IN 1267—LS 6912/DI 92 77
3276	3276	1 chairperson entitled to nominate an inspector under IC 3-6-6-8.
3277	3277	2 (2) The judge shall act as a clerk whenever this title requires that
3278	3278	3 two (2) clerks perform a duty.
3279	3279	4 (3) The poll clerk shall act as a judge whenever this title requires
3280	3280	5 that two (2) judges perform a duty.
3281	3281	6 (4) If a precinct election board administers more than one (1)
3282	3282	7 precinct, the board shall keep the ballots cast in each precinct
3283	3283	8 separate from ballots cast in any other precinct, so that the votes
3284	3284	9 cast for each candidate and on each public question in each of the
3285	3285	10 precincts administered by the board may be determined.
3286	3286	11 SECTION 145. IC 3-11-2-2.1, AS AMENDED BY P.L.193-2021,
3287	3287	12 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3288	3288	13 JULY 1, 2024]: Sec. 2.1. (a) Each county election board shall have the:
3289	3289	14 (1) names of all candidates for election to offices or retention in
3290	3290	15 offices; and
3291	3291	16 (2) state and local public questions;
3292	3292	17 in election districts wholly or partially within the county printed on a
3293	3293	18 ballot as provided in this chapter. The county may print all offices on
3294	3294	19 a single ballot under this section.
3295	3295	20 (b) Before a county election board orders the printing of a ballot, the
3296	3296	21 board must provide written notice that proofs of the ballot are available
3297	3297	22 for inspection not later than sixty-seven (67) days before the date of the
3298	3298	23 election to each of the following:
3299	3299	24 (1) The county chairman chairperson of each major political
3300	3300	25 party with a candidate's name appearing on the ballot.
3301	3301	26 (2) The county chairman, chairperson, if any, of any other
3302	3302	27 political party with a candidate's name appearing on the ballot.
3303	3303	28 (3) The superintendent of each school corporation with the name
3304	3304	29 of a candidate for school board office or a local public question
3305	3305	30 concerning the school corporation appearing on the ballot.
3306	3306	31 After sixty (60) days before the date of the election, the ballot is
3307	3307	32 considered approved and eligible for printing.
3308	3308	33 SECTION 146. IC 3-11-8-15, AS AMENDED BY P.L.227-2023,
3309	3309	34 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3310	3310	35 JULY 1, 2024]: Sec. 15. (a) Only the following persons are permitted
3311	3311	36 in the polls during an election:
3312	3312	37 (1) Members of a precinct election board.
3313	3313	38 (2) Poll clerks and assistant poll clerks.
3314	3314	39 (3) Election sheriffs.
3315	3315	40 (4) Deputy election commissioners.
3316	3316	41 (5) Pollbook holders and challengers.
3317	3317	42 (6) Watchers.
3318	3318	2024 IN 1267—LS 6912/DI 92 78
3319	3319	1 (7) Voters for the purposes of voting.
3320	3320	2 (8) Minor children accompanying voters as provided under
3321	3321	3 IC 3-11-11-8.
3322	3322	4 (9) An assistant to a precinct election officer appointed under
3323	3323	5 IC 3-6-6-39.
3324	3324	6 (10) An individual authorized to assist a voter in accordance with
3325	3325	7 IC 3-11-9.
3326	3326	8 (11) A member of a county election board, acting on behalf of the
3327	3327	9 board.
3328	3328	10 (12) A technician authorized to act on behalf of a county election
3329	3329	11 board to repair a voting system (if the technician bears credentials
3330	3330	12 signed by each member of the board).
3331	3331	13 (13) Either of the following who have been issued credentials
3332	3332	14 signed by the members of the county election board:
3333	3333	15 (A) The county chairman chairperson of a political party.
3334	3334	16 (B) The county vice chairman chairperson of a political party.
3335	3335	17 However, a county chairman chairperson or a county vice
3336	3336	18 chairman chairperson who is a candidate for nomination or
3337	3337	19 election to office at the election may not enter the polls under this
3338	3338	20 subdivision.
3339	3339	21 (14) The secretary of state, as chief election officer of the state,
3340	3340	22 unless the individual serving as secretary of state is a candidate
3341	3341	23 for nomination or election to an office at the election.
3342	3342	24 (b) Except for an individual described in subsection (a)(8) or
3343	3343	25 (a)(10), an individual must be a citizen of the United States to be
3344	3344	26 permitted in the polls during an election.
3345	3345	27 (c) The secretary of state may exempt an individual from the
3346	3346	28 requirement to be a United States citizen.
3347	3347	29 (d) This subsection applies to a simulated election for minors
3348	3348	30 conducted with the authorization of the county election board. An
3349	3349	31 individual participating in the simulated election may be in the polls for
3350	3350	32 the purpose of voting. A person supervising the simulated election may
3351	3351	33 be in the polls to perform the supervision.
3352	3352	34 (e) The inspector of a precinct has authority over all simulated
3353	3353	35 election activities conducted under subsection (d) and shall ensure that
3354	3354	36 the simulated election activities do not interfere with the election
3355	3355	37 conducted in that polling place.
3356	3356	38 SECTION 147. IC 3-11-8-25.1, AS AMENDED BY P.L.157-2019,
3357	3357	39 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3358	3358	40 JULY 1, 2024]: Sec. 25.1. (a) Except as provided in subsection (e), a
3359	3359	41 voter who desires to vote an official ballot at an election shall provide
3360	3360	42 proof of identification.
3361	3361	2024 IN 1267—LS 6912/DI 92 79
3362	3362	1 (b) Except as provided in subsection (e), before the voter proceeds
3363	3363	2 to vote in the election, a precinct election officer shall ask the voter to
3364	3364	3 provide proof of identification. One (1) of each of the precinct election
3365	3365	4 officers nominated by each county chairman chairperson of a major
3366	3366	5 political party of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled
3367	3367	6 to ask the voter to provide proof of identification. The voter shall
3368	3368	7 produce the proof of identification to each precinct officer requesting
3369	3369	8 the proof of identification before being permitted to sign the poll list.
3370	3370	9 (c) If:
3371	3371	10 (1) the voter is unable or declines to present the proof of
3372	3372	11 identification; or
3373	3373	12 (2) a member of the precinct election board determines that the
3374	3374	13 proof of identification provided by the voter does not qualify as
3375	3375	14 proof of identification under IC 3-5-2-40.5;
3376	3376	15 a member of the precinct election board shall challenge the voter as
3377	3377	16 prescribed by this chapter.
3378	3378	17 (d) If the voter executes a challenged voter's affidavit under section
3379	3379	18 22.1 of this chapter, the voter shall:
3380	3380	19 (1) sign the poll list; and
3381	3381	20 (2) receive a provisional ballot.
3382	3382	21 (e) A voter who votes in person at a precinct polling place, vote
3383	3383	22 center, or satellite office established under IC 3-11-10-26.3 that is
3384	3384	23 located at a state licensed care facility where the voter resides is not
3385	3385	24 required to provide proof of identification before voting in an election.
3386	3386	25 (f) After a voter has passed the challengers or has been sworn in, the
3387	3387	26 voter shall be instructed by a member of the precinct election board to
3388	3388	27 proceed to the location where the poll clerks are stationed. In a vote
3389	3389	28 center county using an electronic poll list, two (2) election officers who
3390	3390	29 are not members of the same political party must be present when a
3391	3391	30 voter signs in on the electronic poll list. The voter shall announce the
3392	3392	31 voter's name to the poll clerks or assistant poll clerks. A poll clerk, an
3393	3393	32 assistant poll clerk, or a member of the precinct election board shall
3394	3394	33 require the voter to write the following on the poll list or to provide the
3395	3395	34 following information for entry into the electronic poll list:
3396	3396	35 (1) The voter's name.
3397	3397	36 (2) Except as provided in subsection (k), the voter's current
3398	3398	37 residence address.
3399	3399	38 (g) The poll clerk, an assistant poll clerk, or a member of the
3400	3400	39 precinct election board shall:
3401	3401	40 (1) ask the voter to provide or update the voter's voter
3402	3402	41 identification number;
3403	3403	42 (2) tell the voter the number the voter may use as a voter
3404	3404	2024 IN 1267—LS 6912/DI 92 80
3405	3405	1 identification number; and
3406	3406	2 (3) explain to the voter that the voter is not required to provide or
3407	3407	3 update a voter identification number at the polls.
3408	3408	4 (h) The poll clerk, an assistant poll clerk, or a member of the
3409	3409	5 precinct election board shall ask the voter to provide proof of
3410	3410	6 identification.
3411	3411	7 (i) In case of doubt concerning a voter's identity, the precinct
3412	3412	8 election board shall compare the voter's signature with the signature on
3413	3413	9 the voter's registration record provided by the county voter registration
3414	3414	10 office under IC 3-7-29. If the board determines that the voter's
3415	3415	11 signature is authentic, the voter may then vote. If either poll clerk
3416	3416	12 doubts the voter's identity following comparison of the signatures, the
3417	3417	13 poll clerk shall challenge the voter in the manner prescribed by section
3418	3418	14 21 of this chapter.
3419	3419	15 (j) If:
3420	3420	16 (1) the poll clerk does not execute a challenger's affidavit; or
3421	3421	17 (2) the voter executes a challenged voter's affidavit under section
3422	3422	18 22.1 of this chapter or executed the affidavit before signing the
3423	3423	19 poll list;
3424	3424	20 the voter may then vote.
3425	3425	21 (k) The electronic poll book (or each line on a poll list sheet
3426	3426	22 provided to take a voter's current address) must include a box under the
3427	3427	23 heading "Address Unchanged". A voter whose address is unchanged
3428	3428	24 shall check the box instead of writing the voter's current address on the
3429	3429	25 poll list, or if an electronic poll book is used, the poll clerk shall check
3430	3430	26 the box after stating to the voter the address shown on the electronic
3431	3431	27 poll book and receiving an oral affirmation from the voter that the
3432	3432	28 voter's residence address shown on the poll list is the voter's current
3433	3433	29 residence address instead of writing the voter's current residence
3434	3434	30 address on the poll list or reentering the address in the electronic poll
3435	3435	31 book.
3436	3436	32 (l) If the voter indicates that the voter's current residence is located
3437	3437	33 within another county in Indiana, the voter is considered to have
3438	3438	34 directed the county voter registration office of the county where the
3439	3439	35 precinct is located to cancel the voter registration record within the
3440	3440	36 county. The precinct election board shall provide the voter with a voter
3441	3441	37 registration application for the voter to complete and file with the
3442	3442	38 county voter registration office of the county where the voter's current
3443	3443	39 residence address is located.
3444	3444	40 (m) If the voter indicates that the voter's current residence is located
3445	3445	41 outside Indiana, the voter is considered to have directed the county
3446	3446	42 voter registration office of the county where the precinct is located to
3447	3447	2024 IN 1267—LS 6912/DI 92 81
3448	3448	1 cancel the voter registration record within the county.
3449	3449	2 SECTION 148. IC 3-11-13-26.5 IS AMENDED TO READ AS
3450	3450	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26.5. (a) Each county
3451	3451	4 election board may make available at convenient places throughout the
3452	3452	5 county ballot card voting systems for the instruction of the voters. The
3453	3453	6 board shall locate the systems at places where people usually assemble,
3454	3454	7 such as shopping centers. The board shall have the systems attended at
3455	3455	8 convenient hours designated by the board by persons able to instruct
3456	3456	9 others in their use. The county chairmen chairpersons of the major
3457	3457	10 political parties of the state must approve the persons attending the
3458	3458	11 systems under this section.
3459	3459	12 (b) Each ballot card voting system used for instructional purposes
3460	3460	13 must contain the names of all candidates and a description of all public
3461	3461	14 questions as they will appear on the official sample ballot for the
3462	3462	15 system on election day. However, the system may not be set to record
3463	3463	16 a tally or total.
3464	3464	17 SECTION 149. IC 3-11-13-38 IS AMENDED TO READ AS
3465	3465	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 38. Each county
3466	3466	19 chairman chairperson for either of the major parties in the county may
3467	3467	20 petition the county election board for confirmation of the vote cast on
3468	3468	21 a ballot card voting system no earlier than the Saturday before an
3469	3469	22 election and no later than the Thursday after an election. The petition
3470	3470	23 may specify not more than five percent (5%) of the precincts or five (5)
3471	3471	24 precincts, whichever is greater, in which a ballot card voting system
3472	3472	25 was used for an audit under section 37 of this chapter.
3473	3473	26 SECTION 150. IC 3-11-13-44 IS AMENDED TO READ AS
3474	3474	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 44. (a) The county
3475	3475	28 chairman chairperson of each major political party of the county may
3476	3476	29 appoint one (1) person to observe:
3477	3477	30 (1) the ordering and the setting and adjustment of automatic
3478	3478	31 tabulating machines under section 6 of this chapter;
3479	3479	32 (2) the testing of automatic tabulating machines under section 22
3480	3480	33 of this chapter; and
3481	3481	34 (3) the determination of the cause of and correction of errors in
3482	3482	35 the counting of ballot cards under section 25 of this chapter.
3483	3483	36 (b) The county chairman chairperson shall file the name of a
3484	3484	37 person appointed under this section with the circuit court clerk.
3485	3485	38 (c) A person appointed under this section serves until:
3486	3486	39 (1) the county chairman chairperson notifies the circuit court
3487	3487	40 clerk that the person's appointment has been revoked;
3488	3488	41 (2) the county chairman chairperson notifies the clerk that the
3489	3489	42 person has died; or
3490	3490	2024 IN 1267—LS 6912/DI 92 82
3491	3491	1 (3) the person files a letter of resignation with the clerk.
3492	3492	2 (d) A person appointed under subsection (a):
3493	3493	3 (1) may attend the ordering and the setting and the adjustment of
3494	3494	4 the automatic tabulating machines only as a witness;
3495	3495	5 (2) shall remain silent and subject to the orders of the board; and
3496	3496	6 (3) may not obstruct or interfere with the ordering and setting and
3497	3497	7 adjustment of the automatic tabulating machines.
3498	3498	8 (e) A person appointed under subsection (a) is not entitled to
3499	3499	9 compensation for services except from the political party of the county
3500	3500	10 chairman chairperson making the appointment.
3501	3501	11 SECTION 151. IC 3-11-14-8, AS AMENDED BY P.L.11-2023,
3502	3502	12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3503	3503	13 JULY 1, 2024]: Sec. 8. (a) Each county election board may make
3504	3504	14 available at convenient places throughout the county electronic voting
3505	3505	15 systems for the instruction of the voters. The board shall locate the
3506	3506	16 systems at places where people usually assemble, such as shopping
3507	3507	17 centers. The board shall have the systems attended at convenient hours
3508	3508	18 designated by the board by persons able to instruct others in their use.
3509	3509	19 The county chairmen chairpersons of the major political parties of the
3510	3510	20 state must approve the persons attending the systems under this section.
3511	3511	21 (b) This subsection applies to a county having a population of more
3512	3512	22 than four hundred thousand (400,000) and less than seven hundred
3513	3513	23 thousand (700,000). At least ten (10) days before an election, each
3514	3514	24 county election board shall duplicate, distribute, and cause to be posted
3515	3515	25 copies of official sample ballots prepared by the county election board
3516	3516	26 to schools, fire stations, county courthouses, and other public buildings
3517	3517	27 in the county.
3518	3518	28 SECTION 152. IC 3-11.5-4-22, AS AMENDED BY P.L.109-2021,
3519	3519	29 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3520	3520	30 JULY 1, 2024]: Sec. 22. (a) Except as provided in subsection (b), each
3521	3521	31 county election board shall appoint:
3522	3522	32 (1) absentee voter boards;
3523	3523	33 (2) teams of absentee ballot counters; and
3524	3524	34 (3) teams of couriers;
3525	3525	35 consisting of two (2) voters of the county, one (1) from each of the two
3526	3526	36 (2) political parties that have appointed members on the county
3527	3527	37 election board.
3528	3528	38 (b) Notwithstanding subsection (a), a county election board:
3529	3529	39 (1) may appoint, by a unanimous vote of the board's members,
3530	3530	40 only one (1) absentee ballot courier if the person appointed is a
3531	3531	41 voter of the county; and
3532	3532	42 (2) shall not appoint teams of couriers, if the county:
3533	3533	2024 IN 1267—LS 6912/DI 92 83
3534	3534	1 (A) has adopted an order to use an electronic poll book under
3535	3535	2 IC 3-7-29-6(a)(1); or
3536	3536	3 (B) is a vote center county under IC 3-11-18.1.
3537	3537	4 (c) An otherwise qualified person is eligible to serve on an absentee
3538	3538	5 voter board or as an absentee ballot counter or a courier unless the
3539	3539	6 person:
3540	3540	7 (1) is unable to read, write, and speak the English language;
3541	3541	8 (2) has any property bet or wagered on the result of the election;
3542	3542	9 (3) is a candidate to be voted for at the election except as an
3543	3543	10 unopposed candidate for a city office, town office, township
3544	3544	11 office, school board office, precinct committeeman, committee
3545	3545	12 person, or state convention delegate; or
3546	3546	13 (4) is the spouse, parent, father-in-law, mother-in-law, child,
3547	3547	14 son-in-law, daughter-in-law, grandparent, grandchild, brother,
3548	3548	15 sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
3549	3549	16 of a candidate or declared write-in candidate to be voted for at the
3550	3550	17 election except as an unopposed candidate. This subdivision
3551	3551	18 disqualifies a person whose relationship to the candidate is the
3552	3552	19 result of birth, marriage, or adoption.
3553	3553	20 (d) A person who is a candidate to be voted for at the election or
3554	3554	21 who is related to a candidate in a manner that would result in
3555	3555	22 disqualification under subsection (c) may, notwithstanding subsection
3556	3556	23 (c), serve as a member of an absentee voter board if:
3557	3557	24 (1) the candidate is seeking nomination or election to an office in
3558	3558	25 an election district that does not consist of the entire county; and
3559	3559	26 (2) the county election board restricts the duties of the person as
3560	3560	27 an absentee voter board member to performing functions that
3561	3561	28 could have no influence on the casting or counting of absentee
3562	3562	29 ballots within the election district.
3563	3563	30 SECTION 153. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021,
3564	3564	31 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3565	3565	32 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before
3566	3566	33 election day, each county election board shall notify the county
3567	3567	34 chairmen chairpersons of the two (2) political parties that have
3568	3568	35 appointed members on the county election board of the number of:
3569	3569	36 (1) absentee voter boards;
3570	3570	37 (2) teams of absentee ballot counters; and
3571	3571	38 (3) teams of couriers;
3572	3572	39 to be appointed under section 22 of this chapter.
3573	3573	40 (b) The county chairmen chairpersons shall make written
3574	3574	41 recommendations for the appointments to the county election board not
3575	3575	42 later than forty-six (46) days before election day. The county election
3576	3576	2024 IN 1267—LS 6912/DI 92 84
3577	3577	1 board shall make the appointments as recommended.
3578	3578	2 (c) If a county chairman chairperson fails to make any
3579	3579	3 recommendations, then the county election board may appoint any
3580	3580	4 voters of the county who comply with section 22 of this chapter.
3581	3581	5 (d) The county election board may permit an individual who is not
3582	3582	6 a voter to serve as an absentee board member, other than a member of
3583	3583	7 a board under IC 3-11-10-25, an absentee ballot counter, or a courier
3584	3584	8 if the individual:
3585	3585	9 (1) satisfies the requirements under IC 3-6-6-39; and
3586	3586	10 (2) is approved by the unanimous vote of the entire membership
3587	3587	11 of the county election board.
3588	3588	12 (e) An individual appointed to serve as an absentee board member,
3589	3589	13 other than the member of a board under IC 3-11-10-25, an absentee
3590	3590	14 ballot counter or a courier under subsection (d), while serving as an
3591	3591	15 absentee ballot counter or courier:
3592	3592	16 (1) is not required to obtain an employment certificate under
3593	3593	17 IC 22-2-18 (before its expiration on June 30, 2021); and
3594	3594	18 (2) is not subject to the limitations on time and duration of
3595	3595	19 employment under IC 22-2-18 (before its expiration on June 30,
3596	3596	20 2021) or IC 22-2-18.1.
3597	3597	21 (f) The county election board is not required to register as an
3598	3598	22 employer under IC 22-2-18.1.
3599	3599	23 SECTION 154. IC 3-11.7-3-2 IS AMENDED TO READ AS
3600	3600	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. An otherwise
3601	3601	25 qualified person is eligible to serve as a counter unless the person:
3602	3602	26 (1) is unable to read, write, and speak the English language;
3603	3603	27 (2) has any property bet or wagered on the result of the election;
3604	3604	28 (3) is a candidate to be voted for at the election in any part of the
3605	3605	29 county, except as an unopposed candidate for precinct
3606	3606	30 committeeman committee person or state convention delegate;
3607	3607	31 or
3608	3608	32 (4) is the spouse, parent, father-in-law, mother-in-law, child,
3609	3609	33 son-in-law, daughter-in-law, grandparent, grandchild, brother,
3610	3610	34 sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece
3611	3611	35 of a candidate or declared write-in candidate to be voted for at the
3612	3612	36 election in any part of the county, except as an unopposed
3613	3613	37 candidate. This subdivision disqualifies a person whose
3614	3614	38 relationship to the candidate is the result of birth, marriage, or
3615	3615	39 adoption.
3616	3616	40 SECTION 155. IC 3-11.7-3-3 IS AMENDED TO READ AS
3617	3617	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Not later than noon
3618	3618	42 ten (10) days before an election, each county election board shall notify
3619	3619	2024 IN 1267—LS 6912/DI 92 85
3620	3620	1 the county chairmen chairpersons of the two (2) political parties that
3621	3621	2 have appointed members on the county election board of the number
3622	3622	3 of teams of counters to be appointed under this section.
3623	3623	4 SECTION 156. IC 3-11.7-3-4 IS AMENDED TO READ AS
3624	3624	5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The county chairmen
3625	3625	6 chairpersons shall make written recommendations for the
3626	3626	7 appointments to the county election board not later than noon three (3)
3627	3627	8 days before the election. The county election board shall make the
3628	3628	9 appointments as recommended.
3629	3629	10 SECTION 157. IC 3-11.7-3-5 IS AMENDED TO READ AS
3630	3630	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. If a county chairman
3631	3631	12 chairperson fails to make any recommendations not later than the
3632	3632	13 deadline specified under section 4 of this chapter, the county election
3633	3633	14 board may appoint any voters of the county who comply with section
3634	3634	15 2 of this chapter.
3635	3635	16 SECTION 158. IC 3-12-4-4, AS AMENDED BY P.L.2-2007,
3636	3636	17 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3637	3637	18 JULY 1, 2024]: Sec. 4. (a) Each county election board may employ
3638	3638	19 clerical assistants if necessary for the proper canvassing and tabulating
3639	3639	20 of the vote. However, except as provided in subsection (d), not more
3640	3640	21 than one-half (1/2) of the assistants employed by the board may be
3641	3641	22 members of the same political party.
3642	3642	23 (b) The county election board shall appoint the number of two (2)
3643	3643	24 member write-in teams that are necessary to examine and count
3644	3644	25 write-in votes cast on ballot card voting systems on election night. The
3645	3645	26 county chairmen chairpersons of the two (2) major political parties of
3646	3646	27 a county shall each designate one (1) member of each write-in team.
3647	3647	28 The write-in teams are considered employees of the county canvassing
3648	3648	29 board and must meet the qualifications of canvassing board employees.
3649	3649	30 (c) Except as provided in subsection (d), a county election board
3650	3650	31 may not employ a person to assist with canvassing unless the person
3651	3651	32 would be eligible to serve as a precinct election officer under
3652	3652	33 IC 3-6-6-7.
3653	3653	34 (d) The county election board may, by unanimous vote of the entire
3654	3654	35 membership of the board, employ a student to assist the board under
3655	3655	36 this section if the student is:
3656	3656	37 (1) enrolled at a postsecondary educational institution (including
3657	3657	38 a community college); and
3658	3658	39 (2) a registered voter of the county.
3659	3659	40 A student appointed under this subsection must serve the board in a
3660	3660	41 nonpartisan manner.
3661	3661	42 SECTION 159. IC 3-12-4-9 IS AMENDED TO READ AS
3662	3662	2024 IN 1267—LS 6912/DI 92 86
3663	3663	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This subsection
3664	3664	2 applies to:
3665	3665	3 (1) a local or school board office with an election district located
3666	3666	4 entirely within one (1) county, except for an office for which a
3667	3667	5 declaration of candidacy is filed with the election division under
3668	3668	6 IC 3-8-2; and
3669	3669	7 (2) a political party office, such as precinct committeeman
3670	3670	8 committee person or state convention delegate, elected at a
3671	3671	9 primary election.
3672	3672	10 After the county election board has tabulated the vote, the board shall
3673	3673	11 declare the candidate receiving the highest number of votes for each
3674	3674	12 office to be elected.
3675	3675	13 (b) The county election board shall tabulate the votes cast for and
3676	3676	14 against each local public question placed on the ballot by the county
3677	3677	15 election board under IC 3-10-9-2 and, if the local public question is
3678	3678	16 placed on the ballot only in that county, declare the public question
3679	3679	17 approved or rejected.
3680	3680	18 (c) The county election board shall tabulate the votes cast for and
3681	3681	19 against each public question voted on by the electorate of the whole
3682	3682	20 state.
3683	3683	21 (d) The board shall certify the election results in a statement
3684	3684	22 prepared by the circuit court clerk.
3685	3685	23 SECTION 160. IC 3-12-4-12, AS AMENDED BY P.L.76-2014,
3686	3686	24 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3687	3687	25 JULY 1, 2024]: Sec. 12. After the county election board certifies the
3688	3688	26 election results under section 9 of this chapter, the circuit court clerk
3689	3689	27 shall furnish, upon request, to the county chairman chairperson of
3690	3690	28 each political party a copy of the statement.
3691	3691	29 SECTION 161. IC 3-12-5-2 IS AMENDED TO READ AS
3692	3692	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Whenever a
3693	3693	31 candidate is elected:
3694	3694	32 (1) to a local or school board office other than:
3695	3695	33 (A) one for which a town clerk-treasurer issues a certificate of
3696	3696	34 election under IC 3-10-7-34; or
3697	3697	35 (B) one commissioned by the governor under IC 4-3-1-5; or
3698	3698	36 (2) a precinct committeeman committee person or state
3699	3699	37 convention delegate;
3700	3700	38 the circuit court clerk shall, when permitted under section 16 of this
3701	3701	39 chapter, prepare and deliver to the candidate on demand a certificate
3702	3702	40 of the candidate's election.
3703	3703	41 (b) This subsection applies to a local or school board office
3704	3704	42 described in subsection (a) with an election district located in more
3705	3705	2024 IN 1267—LS 6912/DI 92 87
3706	3706	1 than one (1) county and a local public question placed on the ballot in
3707	3707	2 more than one (1) county. The circuit court clerk of the county that
3708	3708	3 contains the greatest percentage of the population of the election
3709	3709	4 district shall, upon demand of the candidate or a person entitled to
3710	3710	5 request a recount of the votes cast on a public question under
3711	3711	6 IC 3-12-12:
3712	3712	7 (1) obtain the certified statement of the votes cast for that office
3713	3713	8 or on that question that was prepared under IC 3-12-4-9 from the
3714	3714	9 circuit court clerk in each other county in which the election
3715	3715	10 district is located;
3716	3716	11 (2) tabulate the total votes cast for that office or on that question
3717	3717	12 as shown on the certified statement of each county in the election
3718	3718	13 district; and
3719	3719	14 (3) issue a certificate of election to the candidate when permitted
3720	3720	15 under section 16 of this chapter or a certificate declaring the local
3721	3721	16 public question approved or rejected.
3722	3722	17 SECTION 162. IC 3-12-6-1 IS AMENDED TO READ AS
3723	3723	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any candidate for
3724	3724	19 nomination or election to a local or school board office is entitled to
3725	3725	20 have the votes cast for that office recounted under this chapter.
3726	3726	21 (b) If a candidate who is entitled to have the votes recounted under
3727	3727	22 this chapter does not file a petition within the period established by
3728	3728	23 section 2 of this chapter, the county chairman chairperson of a
3729	3729	24 political party in the precinct in which the recount is desired may file
3730	3730	25 a petition to have the votes recounted. A county chairman chairperson
3731	3731	26 is entitled to have the votes recounted only in a partisan race.
3732	3732	27 (c) The right of recount may be exercised for one (1) or more of the
3733	3733	28 precincts in which votes were cast for the office.
3734	3734	29 SECTION 163. IC 3-12-6-1.5 IS AMENDED TO READ AS
3735	3735	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. A candidate for
3736	3736	31 election to precinct committeeman committee person or state
3737	3737	32 convention delegate is entitled to have the votes cast for that office
3738	3738	33 recounted under this chapter. The political party of the candidate, in
3739	3739	34 accordance with any applicable party rules, determines the winner of
3740	3740	35 an election to a political party office.
3741	3741	36 SECTION 164. IC 3-12-6-2, AS AMENDED BY P.L.221-2005,
3742	3742	37 SECTION 114, IS AMENDED TO READ AS FOLLOWS
3743	3743	38 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A candidate who desires a
3744	3744	39 recount of votes must file a verified petition no later than noon fourteen
3745	3745	40 (14) days after election day.
3746	3746	41 (b) A county chairman chairperson who is entitled to and desires
3747	3747	42 a recount of votes must file a verified petition not later than noon
3748	3748	2024 IN 1267—LS 6912/DI 92 88
3749	3749	1 seventeen (17) days after election day.
3750	3750	2 (c) The petition must be filed in the circuit or superior court of each
3751	3751	3 county in which is located a precinct in which the individual desires a
3752	3752	4 recount.
3753	3753	5 SECTION 165. IC 3-12-8-1, AS AMENDED BY P.L.278-2019,
3754	3754	6 SECTION 149, IS AMENDED TO READ AS FOLLOWS
3755	3755	7 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section does not apply
3756	3756	8 to a challenge filed before an election to the eligibility of a candidate
3757	3757	9 nominated by petition for election to an office. The challenge described
3758	3758	10 by this subsection must be conducted in accordance with IC 3-8-1-2.
3759	3759	11 (b) Any candidate for nomination or election to a local or school
3760	3760	12 board office may contest the nomination or election of a candidate who
3761	3761	13 is declared nominated or elected to the office, except a candidate who:
3762	3762	14 (1) receives the most votes in a primary election; and
3763	3763	15 (2) is certified as deceased under IC 3-8-7-1.
3764	3764	16 (c) If a candidate who is entitled to contest the nomination or
3765	3765	17 election of a candidate under this chapter does not file a petition within
3766	3766	18 the period established by section 5 of this chapter, the county chairman
3767	3767	19 chairperson of a political party of which the candidate entitled to file
3768	3768	20 a petition under this chapter was a member may file a petition to
3769	3769	21 contest the nomination or election of a candidate. A county chairman
3770	3770	22 chairperson is entitled to contest an election under this chapter only
3771	3771	23 in a partisan race.
3772	3772	24 (d) This subsection applies to an election for a school board office.
3773	3773	25 If there is no candidate who is entitled to contest the election of another
3774	3774	26 candidate to a school board office, a voter of the school corporation
3775	3775	27 may file a petition to contest the election of the candidate.
3776	3776	28 SECTION 166. IC 3-12-8-5, AS AMENDED BY P.L.221-2005,
3777	3777	29 SECTION 119, IS AMENDED TO READ AS FOLLOWS
3778	3778	30 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) A candidate who desires to
3779	3779	31 contest an election or a nomination under this chapter must file a
3780	3780	32 verified petition with the circuit court clerk of the county that contains
3781	3781	33 the greatest percentage of the population of the election district no later
3782	3782	34 than noon fourteen (14) days after election day.
3783	3783	35 (b) A county chairman chairperson who is entitled to and desires
3784	3784	36 to contest an election or a nomination under this chapter must file a
3785	3785	37 verified petition with the circuit court clerk of the county that contains
3786	3786	38 the greatest percentage of the population of the election district not
3787	3787	39 later than noon seventeen (17) days after election day.
3788	3788	40 (c) A petition for a contest of an election in different municipalities,
3789	3789	41 whether in the same court of the county or not, may not be
3790	3790	42 consolidated.
3791	3791	2024 IN 1267—LS 6912/DI 92 89
3792	3792	1 SECTION 167. IC 3-12-10-2.1 IS AMENDED TO READ AS
3793	3793	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) Except as
3794	3794	3 provided in this section, the secretary of state and the designee of the
3795	3795	4 state chairman chairperson of each of the major political parties of the
3796	3796	5 state shall serve as members of the state recount commission.
3797	3797	6 (b) Except as provided in this section, the secretary of state shall
3798	3798	7 serve as the chair of the state recount commission.
3799	3799	8 (c) If an election to the office of secretary of state is the subject of
3800	3800	9 a petition filed under IC 3-12-11, final determination of all petitions
3801	3801	10 filed under IC 3-12-11 relating to that election must be made before
3802	3802	11 January 1 after the election.
3803	3803	12 (d) The secretary of state may not serve on the commission if the
3804	3804	13 secretary of state is:
3805	3805	14 (1) a petitioner under IC 3-12-11; or
3806	3806	15 (2) named as a candidate in a petition under IC 3-12-11;
3807	3807	16 until the commission makes a final determination under IC 3-12-11 of
3808	3808	17 all related petitions in which the secretary of state is a petitioner or is
3809	3809	18 named.
3810	3810	19 (e) If the secretary of state may not serve on the commission under
3811	3811	20 subsection (d), the state chairman chairperson of the same major
3812	3812	21 political party as the secretary of state shall designate another
3813	3813	22 individual to serve as a member and chair of the commission. The other
3814	3814	23 individual must have voted in the most recent primary election of the
3815	3815	24 political party of the state chairman chairperson making the
3816	3816	25 appointment. The individual serves until the commission issues its final
3817	3817	26 determination of all petitions relating to the election that are described
3818	3818	27 in subsection (d). The secretary of state shall then resume as a member
3819	3819	28 and the chairman chair of the state recount commission.
3820	3820	29 (f) An individual who serves on the state recount commission as
3821	3821	30 secretary of state ceases to be a member of the commission when the
3822	3822	31 individual ceases to be secretary of state.
3823	3823	32 SECTION 168. IC 3-12-11-1, AS AMENDED BY P.L.194-2013,
3824	3824	33 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3825	3825	34 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (d), any
3826	3826	35 candidate:
3827	3827	36 (1) in a presidential primary election;
3828	3828	37 (2) for nomination to a federal, state, or legislative office in a
3829	3829	38 primary election; or
3830	3830	39 (3) for a federal, state, or legislative office;
3831	3831	40 is entitled to have the votes cast for that office recounted or to contest
3832	3832	41 the nomination or election of a candidate under this chapter. A recount
3833	3833	42 may be conducted in one (1) or more of the precincts in which votes
3834	3834	2024 IN 1267—LS 6912/DI 92 90
3835	3835	1 were cast for the office.
3836	3836	2 (b) This subsection applies to an election for a federal or state
3837	3837	3 office. Except as provided in subsection (d), if a candidate who is
3838	3838	4 entitled to file a petition for a recount or contest under this chapter does
3839	3839	5 not file a petition within the period established by section 2 of this
3840	3840	6 chapter, the state chairman chairperson of the candidate's political
3841	3841	7 party may file a petition to:
3842	3842	8 (1) have the votes recounted in one (1) or more precincts; or
3843	3843	9 (2) contest the nomination or election of a candidate.
3844	3844	10 (c) This subsection applies to an election for a legislative office.
3845	3845	11 Except as provided in subsection (d), if a candidate who is entitled to
3846	3846	12 file a petition for a recount or contest under this chapter does not file
3847	3847	13 a petition within the period established by section 2 of this chapter, a
3848	3848	14 county chairman chairperson who:
3849	3849	15 (1) resides in a county located within the election district in which
3850	3850	16 the recount or contest is desired; and
3851	3851	17 (2) is a member of the same political party as the candidate
3852	3852	18 entitled to petition for a recount or contest under this chapter;
3853	3853	19 may file a petition to have the votes recounted in one (1) or more
3854	3854	20 precincts or to contest the nomination or election of a candidate.
3855	3855	21 (d) The nomination of a candidate in a primary election who has
3856	3856	22 been certified as deceased under IC 3-8-7-1 may not be contested under
3857	3857	23 this chapter.
3858	3858	24 SECTION 169. IC 3-12-11-2, AS AMENDED BY P.L.221-2005,
3859	3859	25 SECTION 122, IS AMENDED TO READ AS FOLLOWS
3860	3860	26 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A candidate who desires:
3861	3861	27 (1) a recount of votes cast for a nomination or election subject to
3862	3862	28 this chapter; or
3863	3863	29 (2) to contest a nomination subject to this chapter or the election
3864	3864	30 of a state office other than governor or lieutenant governor;
3865	3865	31 must file a verified petition with the election division not later than
3866	3866	32 noon fourteen (14) days after election day.
3867	3867	33 (b) A state or county chairman chairperson who is entitled to and
3868	3868	34 desires to file a petition for a recount or contest under this chapter must
3869	3869	35 file a verified petition with the election division not later than noon
3870	3870	36 seventeen (17) days after election day.
3871	3871	37 SECTION 170. IC 3-13-1-4, AS AMENDED BY P.L.219-2013,
3872	3872	38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3873	3873	39 JULY 1, 2024]: Sec. 4. Except as provided in IC 3-10-8-7.5, a
3874	3874	40 candidate vacancy for United States Representative shall be filled by
3875	3875	41 a caucus comprised by the precinct committeemen committee persons
3876	3876	42 of the political party whose precincts are within the congressional
3877	3877	2024 IN 1267—LS 6912/DI 92 91
3878	3878	1 district.
3879	3879	2 SECTION 171. IC 3-13-1-5 IS AMENDED TO READ AS
3880	3880	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. A candidate vacancy
3881	3881	4 for a legislative office shall be filled by a caucus comprised by the
3882	3882	5 precinct committeemen committee persons of the political party
3883	3883	6 whose precincts are within the senate or house district.
3884	3884	7 SECTION 172. IC 3-13-1-6, AS AMENDED BY P.L.278-2019,
3885	3885	8 SECTION 152, IS AMENDED TO READ AS FOLLOWS
3886	3886	9 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) As used in this section,
3887	3887	10 "county committee" refers to the precinct committeemen committee
3888	3888	11 persons and vice committeemen committee persons of a major
3889	3889	12 political party representing a precinct within the county.
3890	3890	13 (b) Except as provided in subsection (c), a candidate vacancy for a
3891	3891	14 local office shall be filled by either of the following:
3892	3892	15 (1) A caucus comprised of the precinct committeemen committee
3893	3893	16 persons who are eligible to participate under section 10 of this
3894	3894	17 chapter.
3895	3895	18 (2) The county chairman chairperson of the political party or a
3896	3896	19 committee comprised of the chairman, chairperson, vice
3897	3897	20 chairman, chairperson, secretary, and treasurer of the county
3898	3898	21 committee of the party, if all of the following apply:
3899	3899	22 (A) The county chairman chairperson or the committee is
3900	3900	23 authorized to fill vacancies under this chapter by majority vote
3901	3901	24 of the county committee.
3902	3902	25 (B) The election district for the local office is entirely within
3903	3903	26 one (1) county.
3904	3904	27 (C) Documentation of the authority given under clause (A) is
3905	3905	28 attached to the certification of candidate selection filed under
3906	3906	29 section 15 of this chapter.
3907	3907	30 (c) A candidate vacancy for the office of circuit court judge or
3908	3908	31 prosecuting attorney in a circuit having more than one (1) county shall
3909	3909	32 be filled by a caucus comprised of the precinct committeemen
3910	3910	33 committee persons who constitute the county committees of the
3911	3911	34 political party for all of the circuit.
3912	3912	35 SECTION 173. IC 3-13-1-8, AS AMENDED BY P.L.216-2015,
3913	3913	36 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3914	3914	37 JULY 1, 2024]: Sec. 8. A meeting under section 3, 4, 5, or 6 of this
3915	3915	38 chapter shall be called and chaired by:
3916	3916	39 (1) the state chairman, chairperson, or a person designated by the
3917	3917	40 state chairman, chairperson, for a caucus or committee acting
3918	3918	41 under section 3, 4, 5, or 6(c) of this chapter; or
3919	3919	42 (2) the county chairman chairperson of the county in which the
3920	3920	2024 IN 1267—LS 6912/DI 92 92
3921	3921	1 greatest percentage of the population of the election district is
3922	3922	2 located, or an individual designated by the county chairman,
3923	3923	3 chairperson, for a caucus or committee acting under section 6(b)
3924	3924	4 of this chapter.
3925	3925	5 SECTION 174. IC 3-13-1-9, AS AMENDED BY P.L.278-2019,
3926	3926	6 SECTION 153, IS AMENDED TO READ AS FOLLOWS
3927	3927	7 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section applies only to
3928	3928	8 a meeting of a caucus required under this chapter. This section does not
3929	3929	9 apply to the filling of a vacancy under this chapter by the county
3930	3930	10 chairman chairperson or a committee acting under section 6(b)(2) of
3931	3931	11 this chapter.
3932	3932	12 (b) The call for a meeting under section 3, 4, 5, or 6 of this chapter
3933	3933	13 must:
3934	3934	14 (1) be in writing on a form prescribed by the election division;
3935	3935	15 (2) state the name of the chairman chairperson of the meeting;
3936	3936	16 (3) state the purpose of the meeting;
3937	3937	17 (4) state the date, time, and place of the meeting;
3938	3938	18 (5) be sent by first class mail, at least ten (10) days before the
3939	3939	19 meeting, to all persons eligible to participate in the meeting; and
3940	3940	20 (6) be filed not later than noon ten (10) days before the meeting
3941	3941	21 with the official who is required to receive a certificate of
3942	3942	22 candidate selection following the caucus under section 15 of this
3943	3943	23 chapter.
3944	3944	24 SECTION 175. IC 3-13-1-10, AS AMENDED BY P.L.216-2015,
3945	3945	25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3946	3946	26 JULY 1, 2024]: Sec. 10. (a) To be eligible to participate in a caucus
3947	3947	27 called under section 4, 5, or 6 of this chapter, an elected precinct
3948	3948	28 committeeman committee person must be entitled to vote for the
3949	3949	29 office for which a candidate is to be selected. An elected precinct
3950	3950	30 committeeman committee person is eligible to participate in a caucus
3951	3951	31 called under this chapter, regardless of when the ballot vacancy
3952	3952	32 occurred.
3953	3953	33 (b) An appointed precinct committeeman committee person is
3954	3954	34 eligible to participate in a caucus called under section 4, 5, or 6 of this
3955	3955	35 chapter if the precinct committeeman committee person was a
3956	3956	36 committeeman committee person thirty (30) days before the vacancy
3957	3957	37 occurred.
3958	3958	38 (c) For purposes of a candidate vacancy resulting from the failure
3959	3959	39 of a candidate to be nominated at a primary at which precinct
3960	3960	40 committeemen committee persons were elected, an appointed precinct
3961	3961	41 committeeman committee person is eligible to serve if the
3962	3962	42 committeeman committee person has been reappointed following the
3963	3963	2024 IN 1267—LS 6912/DI 92 93
3964	3964	1 primary in accordance with the rules of the committeeman's committee
3965	3965	2 person's political party.
3966	3966	3 SECTION 176. IC 3-13-1-10.5, AS AMENDED BY P.L.227-2023,
3967	3967	4 SECTION 125, IS AMENDED TO READ AS FOLLOWS
3968	3968	5 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) This section applies only
3969	3969	6 to a meeting of a caucus required under this chapter. This section does
3970	3970	7 not apply to the filling of a vacancy by the county chairman
3971	3971	8 chairperson or a committee acting under section 6(b)(2) of this
3972	3972	9 chapter.
3973	3973	10 (b) A person who wishes to be a candidate for appointment to fill a
3974	3974	11 candidate vacancy under this chapter must file a declaration of
3975	3975	12 candidacy on a form prescribed by the election division with:
3976	3976	13 (1) the chairman chairperson of the caucus conducting a meeting
3977	3977	14 under this chapter; and
3978	3978	15 (2) the official who is required to receive a certificate of candidate
3979	3979	16 selection following the caucus under section 15 of this chapter;
3980	3980	17 at least seventy-two (72) hours before the time fixed for the caucus
3981	3981	18 meeting.
3982	3982	19 (c) A candidate's declaration of candidacy must include a statement
3983	3983	20 that the candidate requests the name on the candidate's voter
3984	3984	21 registration record be the same as the name the candidate uses on the
3985	3985	22 declaration of candidacy. If there is a difference between the name on
3986	3986	23 the candidate's declaration of candidacy and the name on the
3987	3987	24 candidate's voter registration record, the officer with whom the
3988	3988	25 declaration of candidacy is filed shall forward the information to the
3989	3989	26 voter registration officer of the appropriate county as required by
3990	3990	27 IC 3-5-7-6(d). The voter registration officer of the appropriate county
3991	3991	28 shall change the name on the candidate's voter registration record to be
3992	3992	29 the same as the name on the candidate's declaration of candidacy.
3993	3993	30 (d) A candidate's declaration of candidacy must contain the
3994	3994	31 following statements:
3995	3995	32 (1) This subdivision applies to a candidate filing a declaration of
3996	3996	33 candidacy for a state office, legislative office, local office of judge
3997	3997	34 of a circuit, superior, probate, or small claims court, or local
3998	3998	35 office of prosecuting attorney of a judicial circuit. A statement
3999	3999	36 that the candidate has attached either of the following to the
4000	4000	37 declaration:
4001	4001	38 (A) A copy of a statement of economic interests, file stamped
4002	4002	39 by the office required to receive the statement of economic
4003	4003	40 interests.
4004	4004	41 (B) A receipt or photocopy of a receipt showing that a
4005	4005	42 statement of economic interests has been filed.
4006	4006	2024 IN 1267—LS 6912/DI 92 94
4007	4007	1 This requirement does not apply to a candidate for a federal
4008	4008	2 office.
4009	4009	3 (2) This subdivision applies to a candidate filing a declaration of
4010	4010	4 candidacy for a local office not described in subdivision (1) or
4011	4011	5 school board office. A statement that the candidate understands
4012	4012	6 that if the candidate is selected to fill the candidate vacancy, the
4013	4013	7 candidate is required to file a statement of economic interests
4014	4014	8 under IC 3-8-9-5.
4015	4015	9 (3) A statement that the candidate understands that if the
4016	4016	10 candidate is elected to the office, the candidate may be required
4017	4017	11 to obtain and file an individual surety bond before serving in the
4018	4018	12 office. This requirement does not apply to a candidate for a
4019	4019	13 federal office or legislative office.
4020	4020	14 (4) A statement that the candidate understands that if the
4021	4021	15 candidate is elected to the office, the candidate may be required
4022	4022	16 to successfully complete training or have attained certification
4023	4023	17 related to service in an elected office. This requirement does not
4024	4024	18 apply to a candidate for a federal office, state office, or legislative
4025	4025	19 office.
4026	4026	20 (5) A statement that the candidate:
4027	4027	21 (A) is aware of the provisions of IC 3-9 regarding campaign
4028	4028	22 finance and the reporting of campaign contributions and
4029	4029	23 expenditures; and
4030	4030	24 (B) agrees to comply with the provisions of IC 3-9.
4031	4031	25 This requirement does not apply to a candidate for a federal
4032	4032	26 office.
4033	4033	27 The candidate must separately initial each of the statements required
4034	4034	28 by this subsection.
4035	4035	29 SECTION 177. IC 3-13-1-11.5, AS AMENDED BY P.L.216-2015,
4036	4036	30 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4037	4037	31 JULY 1, 2024]: Sec. 11.5. (a) Except as provided in this section, voting
4038	4038	32 by proxy is not permitted in a caucus called under section 4, 5, or 6 of
4039	4039	33 this chapter.
4040	4040	34 (b) A precinct vice committeeman committee person is entitled to
4041	4041	35 participate in a caucus called under section 4, 5, or 6 of this chapter and
4042	4042	36 vote as a proxy for the vice committeeman's committee person's
4043	4043	37 precinct committeeman committee person if all of the following apply:
4044	4044	38 (1) The vice committeeman's committee person's precinct
4045	4045	39 committeeman committee person is otherwise eligible to
4046	4046	40 participate in the caucus under this chapter.
4047	4047	41 (2) The vice committeeman's committee person's precinct
4048	4048	42 committeeman committee person is not present at the caucus.
4049	4049	2024 IN 1267—LS 6912/DI 92 95
4050	4050	1 (3) The vice committeeman committee person is eligible under
4051	4051	2 this section.
4052	4052	3 (c) The vice committeeman committee person of an elected
4053	4053	4 precinct committeeman committee person is eligible to participate in
4054	4054	5 a caucus called under section 4, 5, or 6 of this chapter and vote the
4055	4055	6 precinct committeeman's committee person's proxy, regardless of
4056	4056	7 when the ballot vacancy occurred, if the vice committeeman
4057	4057	8 committee person was the vice committeeman committee person five
4058	4058	9 (5) days before the date of the caucus.
4059	4059	10 (d) If a vice committeeman committee person is not eligible under
4060	4060	11 subsection (c), the vice committeeman committee person is eligible
4061	4061	12 to participate in a caucus called under section 4, 5, or 6 of this chapter
4062	4062	13 and vote the precinct committeeman's committee person's proxy only
4063	4063	14 if the vice committeeman committee person was the vice
4064	4064	15 committeeman committee person thirty (30) days before the ballot
4065	4065	16 vacancy occurred.
4066	4066	17 SECTION 178. IC 3-13-1-12, AS AMENDED BY P.L.216-2015,
4067	4067	18 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4068	4068	19 JULY 1, 2024]: Sec. 12. (a) If a tie vote occurs among participants
4069	4069	20 acting under section 3, 4, 5, or 6(c) of this chapter, the chairman
4070	4070	21 chairperson of the meeting may cast the tiebreaking vote. If a tie vote
4071	4071	22 occurs among participants acting under section 6(b) of this chapter, the
4072	4072	23 county chairman chairperson or an individual designated by the
4073	4073	24 county chairman chairperson may cast the tiebreaking vote.
4074	4074	25 (b) If a quorum required under the rules of a meeting held under this
4075	4075	26 chapter is not present, the county chairman chairperson shall fill the
4076	4076	27 candidate vacancy.
4077	4077	28 SECTION 179. IC 3-13-1-13, AS AMENDED BY P.L.74-2017,
4078	4078	29 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4079	4079	30 JULY 1, 2024]: Sec. 13. If fewer than two (2) persons are eligible to
4080	4080	31 participate in the filling of a candidate vacancy for an office under
4081	4081	32 section 6(b) of this chapter, the county chairman chairperson entitled
4082	4082	33 to call the meeting under section 8 of this chapter shall appoint a
4083	4083	34 person to fill the vacancy.
4084	4084	35 SECTION 180. IC 3-13-1-15, AS AMENDED BY P.L.169-2015,
4085	4085	36 SECTION 155, IS AMENDED TO READ AS FOLLOWS
4086	4086	37 [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) A county chairman
4087	4087	38 chairperson filling a candidate vacancy under section 6(b)(2) of this
4088	4088	39 chapter or the chairman chairperson of a meeting filling a candidate
4089	4089	40 vacancy under this chapter shall file a written certificate of candidate
4090	4090	41 selection on a form prescribed by the election division stating the
4091	4091	42 following information for each candidate selected:
4092	4092	2024 IN 1267—LS 6912/DI 92 96
4093	4093	1 (1) The name of each candidate as:
4094	4094	2 (A) the candidate wants the candidate's name to appear on the
4095	4095	3 ballot; and
4096	4096	4 (B) the candidate's name is permitted to appear on the ballot
4097	4097	5 under IC 3-5-7.
4098	4098	6 (2) The residence address of each candidate.
4099	4099	7 (b) The certificate shall be filed with:
4100	4100	8 (1) the election division for:
4101	4101	9 (A) a committee acting under section 3, 4, 5, or 6(c) of this
4102	4102	10 chapter; or
4103	4103	11 (B) a committee acting under section 6(b) of this chapter to fill
4104	4104	12 a candidate vacancy in the office of judge of a circuit, superior,
4105	4105	13 probate, or small claims court or prosecuting attorney; or
4106	4106	14 (2) the circuit court clerk, for a committee acting under section
4107	4107	15 6(b) of this chapter to fill a candidate vacancy for a local office
4108	4108	16 not described in subdivision (1).
4109	4109	17 (c) This subsection applies to a candidate vacancy resulting from a
4110	4110	18 vacancy on the primary election ballot as described in section 2 of this
4111	4111	19 chapter. The certificate required by subsection (a) shall be filed not
4112	4112	20 later than noon July 3 before election day.
4113	4113	21 (d) This subsection applies to all candidate vacancies not described
4114	4114	22 by subsection (c). The certificate required by subsection (a) shall be
4115	4115	23 filed not later than noon three (3) days (excluding Saturdays and
4116	4116	24 Sundays) after selection of the candidates.
4117	4117	25 (e) A certificate filed under this section is not effective unless the
4118	4118	26 candidate selected to fill the candidate vacancy has filed a statement of
4119	4119	27 economic interests under IC 3-8-9-5.
4120	4120	28 SECTION 181. IC 3-13-1-18 IS AMENDED TO READ AS
4121	4121	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) If a candidate
4122	4122	30 vacancy occurs in a town subject to IC 3-8-5 for any office on the ticket
4123	4123	31 of a political party whose candidates were selected by petition of
4124	4124	32 nomination, the vacancy may be filled only as prescribed by this
4125	4125	33 section.
4126	4126	34 (b) To fill the vacancy, the town chairman chairperson of the party
4127	4127	35 must file a certificate of candidate selection together with the consent
4128	4128	36 required by section 14 of this chapter with the official with whom
4129	4129	37 certificates must be filed. The certificate of candidate selection must be
4130	4130	38 filed not later than the date and hour that a certificate of nomination by
4131	4131	39 a town convention must be filed under IC 3-8-5-13.
4132	4132	40 SECTION 182. IC 3-13-1-19 IS AMENDED TO READ AS
4133	4133	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. A person who was
4134	4134	42 defeated in a primary election or in a town or state convention is
4135	4135	2024 IN 1267—LS 6912/DI 92 97
4136	4136	1 eligible to be appointed by the political party that the person affiliated
4137	4137	2 with by voting in the most recent primary election held by that party.
4138	4138	3 The person selected may fill any vacancy on the party's ticket as a
4139	4139	4 candidate in any general, municipal, or special election following that
4140	4140	5 primary election or convention in which the vacancy occurred.
4141	4141	6 However, a person is not disqualified from appointment under this
4142	4142	7 section for not having voted in the most recent primary election if the
4143	4143	8 appointee is certified as a member of that party by the county chairman
4144	4144	9 chairperson for the county in which the appointee resides.
4145	4145	10 SECTION 183. IC 3-13-1-20, AS AMENDED BY P.L.230-2005,
4146	4146	11 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4147	4147	12 JULY 1, 2024]: Sec. 20. (a) This section applies to a political party
4148	4148	13 subject to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12.
4149	4149	14 (b) A candidate vacancy that exists following the convention of the
4150	4150	15 party shall be filled by the state committee of the political party not
4151	4151	16 later than the date and time specified by section 7(a)(1) of this chapter
4152	4152	17 for a major political party to fill a candidate vacancy. The chairman
4153	4153	18 chairperson of the state committee shall file a notice of intent to fill
4154	4154	19 the candidate vacancy with the official who is required to receive a
4155	4155	20 certificate of candidate selection under section 15 of this chapter. The
4156	4156	21 notice must be filed not later than ten (10) days before the chairman
4157	4157	22 chairperson fills the candidate vacancy. The chairman chairperson of
4158	4158	23 the state committee shall act in accordance with section 15 of this
4159	4159	24 chapter to certify the candidate selected to fill the vacancy.
4160	4160	25 (c) This subsection applies to a candidate vacancy resulting from a
4161	4161	26 vacancy on the general election ballot resulting from the failure of the
4162	4162	27 convention to nominate a candidate for an office. The certificate
4163	4163	28 required by subsection (b) shall be filed not later than the date and time
4164	4164	29 specified by section 15(c) of this chapter for a major political party to
4165	4165	30 file a certificate of candidate selection.
4166	4166	31 (d) This subsection applies to all candidate vacancies not described
4167	4167	32 by subsection (c). If a candidate vacancy occurs as a result of:
4168	4168	33 (1) the death of a candidate;
4169	4169	34 (2) the withdrawal of a candidate;
4170	4170	35 (3) the disqualification of a candidate under IC 3-8-1-5; or
4171	4171	36 (4) a court order issued under IC 3-8-7-29(d);
4172	4172	37 the political party may fill the vacancy within the same period of time
4173	4173	38 that a major political party is permitted to fill a candidate vacancy
4174	4174	39 under section 7(b) of this chapter.
4175	4175	40 (e) The certificate required by subsection (b) shall be filed within
4176	4176	41 the period of time required under section 15(d) of this chapter for a
4177	4177	42 major political party to file the certificate after selection of the
4178	4178	2024 IN 1267—LS 6912/DI 92 98
4179	4179	1 candidates.
4180	4180	2 SECTION 184. IC 3-13-2-2 IS AMENDED TO READ AS
4181	4181	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. A candidate vacancy
4182	4182	4 for United States Senator or a state office shall be filled by appointment
4183	4183	5 by the state chairman chairperson of the political party.
4184	4184	6 SECTION 185. IC 3-13-2-3 IS AMENDED TO READ AS
4185	4185	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. A candidate vacancy
4186	4186	8 for United States Representative shall be filled by appointment by the
4187	4187	9 district chairman chairperson of the political party.
4188	4188	10 SECTION 186. IC 3-13-2-4 IS AMENDED TO READ AS
4189	4189	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A candidate vacancy
4190	4190	12 for a legislative office shall be filled by a majority vote of the county
4191	4191	13 chairmen chairpersons of the political party for all of the counties that
4192	4192	14 have territory in the senate or house district.
4193	4193	15 SECTION 187. IC 3-13-2-5 IS AMENDED TO READ AS
4194	4194	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as
4195	4195	17 provided in subsection (b), a candidate vacancy for a local office shall
4196	4196	18 be filled by appointment by the county chairman chairperson of the
4197	4197	19 political party of the county in which the greatest percentage of the
4198	4198	20 population of the election district is located.
4199	4199	21 (b) A candidate vacancy for the office of circuit court judge or
4200	4200	22 prosecuting attorney in a circuit having more than one (1) county shall
4201	4201	23 be filled by a majority vote of the county chairmen chairpersons of the
4202	4202	24 political party for all of the counties in the circuit.
4203	4203	25 SECTION 188. IC 3-13-2-6, AS AMENDED BY P.L.96-2012,
4204	4204	26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4205	4205	27 JULY 1, 2024]: Sec. 6. (a) If a tie vote occurs among a group of
4206	4206	28 chairmen chairpersons acting under section 4 or 5(b) of this chapter,
4207	4207	29 the state chairman chairperson may cast the tiebreaking vote.
4208	4208	30 (b) If a quorum required under the rules of a meeting held under this
4209	4209	31 chapter is not present, the state chairman chairperson shall fill the
4210	4210	32 candidate vacancy.
4211	4211	33 SECTION 189. IC 3-13-2-8, AS AMENDED BY P.L.169-2015,
4212	4212	34 SECTION 156, IS AMENDED TO READ AS FOLLOWS
4213	4213	35 [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The chairman chairperson
4214	4214	36 or chairmen chairpersons filling a candidate vacancy under this
4215	4215	37 chapter shall immediately file a written certificate of candidate
4216	4216	38 selection on a form prescribed by the election division stating the
4217	4217	39 following information for each candidate selected:
4218	4218	40 (1) The name of each candidate as:
4219	4219	41 (A) the candidate wants the candidate's name to appear on the
4220	4220	42 ballot; and
4221	4221	2024 IN 1267—LS 6912/DI 92 99
4222	4222	1 (B) the candidate's name is permitted to appear on the ballot
4223	4223	2 under IC 3-5-7.
4224	4224	3 (2) The residence address of each candidate.
4225	4225	4 (b) The certificate shall be filed with:
4226	4226	5 (1) the election division for:
4227	4227	6 (A) one (1) or more chairmen chairpersons acting under
4228	4228	7 section 2, 3, 4, or 5(b) of this chapter; or
4229	4229	8 (B) a committee acting under section 5(b) of this chapter to fill
4230	4230	9 a candidate vacancy for the office of judge of a circuit,
4231	4231	10 superior, probate, county, or small claims court or prosecuting
4232	4232	11 attorney; or
4233	4233	12 (2) the circuit court clerk of the county in which the greatest
4234	4234	13 percentage of the population of the election district is located, for
4235	4235	14 a chairman chairperson acting under section 5(a) of this chapter
4236	4236	15 to fill a candidate vacancy for a local office not described in
4237	4237	16 subdivision (1).
4238	4238	17 (c) The certificate required by subsection (a) shall be filed not more
4239	4239	18 than three (3) days (excluding Saturdays and Sundays) after selection
4240	4240	19 of the candidate.
4241	4241	20 (d) A certificate filed under this section is not effective unless the
4242	4242	21 candidate selected to fill the candidate vacancy has filed a statement of
4243	4243	22 economic interests under IC 3-8-9-5.
4244	4244	23 SECTION 190. IC 3-13-2-12 IS AMENDED TO READ AS
4245	4245	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) This section
4246	4246	25 applies to a political party subject to IC 3-8-4-10.
4247	4247	26 (b) A candidate vacancy under this chapter shall be filled by the
4248	4248	27 state committee of the political party. The chairman chairperson of the
4249	4249	28 state committee shall act in accordance with section 8 of this chapter
4250	4250	29 to certify the candidate selected to fill the vacancy.
4251	4251	30 SECTION 191. IC 3-13-5-0.1, AS ADDED BY P.L.164-2006,
4252	4252	31 SECTION 130, IS AMENDED TO READ AS FOLLOWS
4253	4253	32 [EFFECTIVE JULY 1, 2024]: Sec. 0.1. (a) This chapter applies only
4254	4254	33 to a vacancy in a legislative office that was last held by a person elected
4255	4255	34 or selected as a candidate of a major political party of the state.
4256	4256	35 (b) A vacancy in a legislative office that was last held by a person
4257	4257	36 elected or selected as a candidate of a political party described by
4258	4258	37 IC 3-8-4-10 shall be filled by the state committee of the political party.
4259	4259	38 The state chairman chairperson of the party shall certify the selection
4260	4260	39 of an individual to fill the vacancy in the manner prescribed under
4261	4261	40 section 6 of this chapter.
4262	4262	41 (c) A vacancy in a legislative office that was last held by a person
4263	4263	42 not described in subsection (a) or (b) shall be filled by a special
4264	4264	2024 IN 1267—LS 6912/DI 92 100
4265	4265	1 election held as provided in IC 3-10-8.
4266	4266	2 SECTION 192. IC 3-13-5-1, AS AMENDED BY P.L.278-2019,
4267	4267	3 SECTION 154, IS AMENDED TO READ AS FOLLOWS
4268	4268	4 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A vacancy in a legislative
4269	4269	5 office shall be filled by a caucus comprised of the precinct
4270	4270	6 committeemen committee persons from the senate or house district
4271	4271	7 where the vacancy exists who represent the same political party that
4272	4272	8 elected or selected the person who held the vacated seat.
4273	4273	9 (b) Not later than thirty (30) days after the vacancy occurs (or as
4274	4274	10 provided in subsections (c) and (d)), the caucus shall meet and select
4275	4275	11 a person to fill the vacancy by a majority vote of those casting a vote
4276	4276	12 for a candidate, including vice committeemen committee persons
4277	4277	13 eligible to vote as a proxy under section 5 of this chapter.
4278	4278	14 (c) A state chairman chairperson may give notice of a caucus
4279	4279	15 before the time specified under subsection (b) if a vacancy will exist
4280	4280	16 because the official has:
4281	4281	17 (1) submitted a written resignation under IC 5-8-3.5 that has not
4282	4282	18 yet taken effect;
4283	4283	19 (2) been elected to another office; or
4284	4284	20 (3) submitted a notice under IC 5-9-4 to take a leave of absence
4285	4285	21 for active duty in the armed forces or national guard.
4286	4286	22 (d) If a vacancy in a legislative office exists because of the death of
4287	4287	23 the legislator, the caucus shall meet and select a person to fill the
4288	4288	24 vacancy not later than thirty (30) days after the state chairman
4289	4289	25 chairperson receives notice of the death of the legislator from the
4290	4290	26 secretary of state under IC 5-8-6.
4291	4291	27 (e) Notwithstanding IC 5-8-4, a person may not withdraw the
4292	4292	28 person's resignation after the resignation has been accepted by the
4293	4293	29 person authorized to accept the resignation less than seventy-two (72)
4294	4294	30 hours before the announced starting time of the caucus under this
4295	4295	31 chapter.
4296	4296	32 (f) The person selected must reside in the district where the vacancy
4297	4297	33 occurred.
4298	4298	34 SECTION 193. IC 3-13-5-2, AS AMENDED BY P.L.119-2005,
4299	4299	35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4300	4300	36 JULY 1, 2024]: Sec. 2. (a) The state chairman chairperson of the
4301	4301	37 political party that elected or selected the person who held the vacated
4302	4302	38 seat shall set the place, date, and time of a caucus meeting. The
4303	4303	39 chairman chairperson shall send a notice, by first class mail, of the
4304	4304	40 purpose, place, date, and time of the meeting to all precinct
4305	4305	41 committeemen committee persons in the caucus at least ten (10) days
4306	4306	42 before the meeting.
4307	4307	2024 IN 1267—LS 6912/DI 92 101
4308	4308	1 (b) If a vacancy in a legislative office exists because of the death of
4309	4309	2 the legislator, the state chairman chairperson may not send the notice
4310	4310	3 required by subsection (a) until the state chairman chairperson
4311	4311	4 receives notice of the death from the secretary of state under IC 5-8-6.
4312	4312	5 SECTION 194. IC 3-13-5-3, AS AMENDED BY P.L.123-2015,
4313	4313	6 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4314	4314	7 JULY 1, 2024]: Sec. 3. (a) The state chairman chairperson or a person
4315	4315	8 designated by the state chairman chairperson shall preside over a
4316	4316	9 caucus meeting held under this chapter.
4317	4317	10 (b) A person who desires to be a candidate to fill a vacancy under
4318	4318	11 this chapter must file:
4319	4319	12 (1) a declaration of candidacy with the chairman chairperson of
4320	4320	13 the caucus; and
4321	4321	14 (2) a statement of economic interests under IC 2-2.2-2 with the
4322	4322	15 secretary of the senate or principal clerk of the house of
4323	4323	16 representatives;
4324	4324	17 at least seventy-two (72) hours before the time fixed for the caucus.
4325	4325	18 (c) In addition to the procedures prescribed by this chapter, the
4326	4326	19 chairman chairperson and precinct committeemen committee persons
4327	4327	20 may adopt rules of procedure that are necessary to conduct business.
4328	4328	21 SECTION 195. IC 3-13-5-4 IS AMENDED TO READ AS
4329	4329	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) To be eligible to
4330	4330	23 participate in a caucus called under this chapter, an elected precinct
4331	4331	24 committeeman committee person must be entitled to vote for the
4332	4332	25 legislative office for which a successor is to be selected. An elected
4333	4333	26 precinct committeeman committee person is eligible to participate in
4334	4334	27 a caucus called under this chapter, regardless of when the vacancy in
4335	4335	28 the legislative office occurred.
4336	4336	29 (b) An appointed precinct committeeman committee person is
4337	4337	30 eligible to participate in a caucus called under this chapter if the
4338	4338	31 precinct committeeman committee person was a committeeman
4339	4339	32 committee person thirty (30) days before the vacancy occurred.
4340	4340	33 (c) An individual eligible to participate in a caucus held under this
4341	4341	34 chapter has one (1) vote.
4342	4342	35 SECTION 196. IC 3-13-5-5, AS AMENDED BY P.L.278-2019,
4343	4343	36 SECTION 155, IS AMENDED TO READ AS FOLLOWS
4344	4344	37 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided in this
4345	4345	38 section, voting by proxy is not allowed in a caucus held under this
4346	4346	39 chapter.
4347	4347	40 (b) A precinct vice committeeman committee person is entitled to
4348	4348	41 participate in a caucus held under this chapter and vote as a proxy for
4349	4349	42 the vice committeeman's committee person's precinct committeeman
4350	4350	2024 IN 1267—LS 6912/DI 92 102
4351	4351	1 committee person if all of the following apply:
4352	4352	2 (1) The vice committeeman's committee person's precinct
4353	4353	3 committeeman committee person is otherwise eligible to
4354	4354	4 participate in the caucus under this chapter. This subdivision is
4355	4355	5 satisfied if the vacancy to be filled under this chapter resulted
4356	4356	6 from the death of an individual holding a legislative office who
4357	4357	7 also served as a precinct committeeman. committee person.
4358	4358	8 (2) The vice committeeman's committee person's precinct
4359	4359	9 committeeman committee person is not present at the caucus.
4360	4360	10 (3) The vice committeeman committee person is eligible under
4361	4361	11 this section.
4362	4362	12 (c) The vice committeeman committee person of an elected
4363	4363	13 precinct committeeman committee person is eligible to participate in
4364	4364	14 a caucus held under this chapter and vote the precinct committeeman's
4365	4365	15 committee person's proxy if the vice committeeman committee
4366	4366	16 person was the vice committeeman committee person five (5) days
4367	4367	17 before the date of the caucus.
4368	4368	18 (d) If a vice committeeman committee person is not eligible under
4369	4369	19 subsection (c), the vice committeeman committee person is eligible
4370	4370	20 to participate in a caucus held under this chapter and vote the precinct
4371	4371	21 committeeman's committee person's proxy only if the vice
4372	4372	22 committeeman committee person was the vice committeeman
4373	4373	23 committee person thirty (30) days before the vacancy occurred.
4374	4374	24 (e) Voting shall be conducted by secret ballot, and IC 5-14-1.5-3(b)
4375	4375	25 does not apply to this chapter.
4376	4376	26 SECTION 197. IC 3-13-5-6 IS AMENDED TO READ AS
4377	4377	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The state chairman
4378	4378	28 chairperson shall certify the name of the person selected under section
4379	4379	29 1 of this chapter to the president pro tempore of the senate or the
4380	4380	30 speaker of the house of representatives, as appropriate, who shall
4381	4381	31 acknowledge receipt of the certification, submit a copy of the
4382	4382	32 certificate to be included in the journal of the house or senate:
4383	4383	33 (1) of the day when the individual is seated; or
4384	4384	34 (2) if the certificate is received after the adjournment sine die of
4385	4385	35 the general assembly, of the first day that the chamber is in
4386	4386	36 session following receipt of the certificate;
4387	4387	37 and immediately forward the certificate to the secretary of state.
4388	4388	38 SECTION 198. IC 3-13-9-4.5 IS AMENDED TO READ AS
4389	4389	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.5. (a) This section
4390	4390	40 applies to a vacancy in the town council to be filled under section 4 of
4391	4391	41 this chapter when more than fifty percent (50%) of the seats on the
4392	4392	42 town council are vacant.
4393	4393	2024 IN 1267—LS 6912/DI 92 103
4394	4394	1 (b) The remaining member or a majority of the remaining members
4395	4395	2 of the town council shall fill the vacancies under this chapter as the
4396	4396	3 first item of business at a meeting of the town council even though a
4397	4397	4 quorum would not then exist to conduct other town council business.
4398	4398	5 (c) If there are no remaining members of the town council in office
4399	4399	6 or a tie vote occurs among the remaining members under subsection
4400	4400	7 (b), the vacancies shall be filled by the town clerk-treasurer.
4401	4401	8 (d) If there are no remaining members of the town council and no
4402	4402	9 clerk-treasurer in office, the vacancies in the office of clerk-treasurer
4403	4403	10 and town council shall be filled by the county chairman chairperson
4404	4404	11 of the major political party of the state whose candidate for secretary
4405	4405	12 of state received the most votes in the last election for that office in the
4406	4406	13 precincts in which the town is wholly or partially located.
4407	4407	14 SECTION 199. IC 3-13-10-5, AS AMENDED BY P.L.119-2005,
4408	4408	15 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4409	4409	16 JULY 1, 2024]: Sec. 5. (a) This section applies to a vacancy in the
4410	4410	17 office of judge of a small claims court or small claims court constable
4411	4411	18 not covered by section 1 of this chapter.
4412	4412	19 (b) A vacancy shall be filled by the township board at a regular or
4413	4413	20 special meeting. The chairman chairperson of the township board
4414	4414	21 shall give notice of the meeting. Except as provided in subsection (c),
4415	4415	22 the meeting shall be held not later than thirty (30) days after the
4416	4416	23 vacancy occurs. The notice must:
4417	4417	24 (1) be in writing;
4418	4418	25 (2) state the purpose of the meeting;
4419	4419	26 (3) state the date, time, and place of the meeting; and
4420	4420	27 (4) be sent by first class mail to each board member at least ten
4421	4421	28 (10) days before the meeting.
4422	4422	29 (c) If a vacancy exists because of the death of a judicial officer, the
4423	4423	30 meeting required by subsection (b) shall be held not later than thirty
4424	4424	31 (30) days after the chairman chairperson of the township board
4425	4425	32 receives notice of the death under IC 5-8-6. The chairman chairperson
4426	4426	33 of the township board may not give the notice required by subsection
4427	4427	34 (b) until the chairman chairperson of the township board receives
4428	4428	35 notice of the death under IC 5-8-6.
4429	4429	36 SECTION 200. IC 3-13-11-3, AS AMENDED BY P.L.278-2019,
4430	4430	37 SECTION 162, IS AMENDED TO READ AS FOLLOWS
4431	4431	38 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
4432	4432	39 subsections (b) and (e) and section 3.5 of this chapter, after a vacancy
4433	4433	40 occurs and not later than ten (10) days after a vacancy occurs in an
4434	4434	41 office subject to this chapter, the county chairman: chairperson:
4435	4435	42 (1) of the county in which the greatest percentage of the
4436	4436	2024 IN 1267—LS 6912/DI 92 104
4437	4437	1 population of the election district of the office is located; and
4438	4438	2 (2) of the same political party that elected or selected the official
4439	4439	3 who vacated the office;
4440	4440	4 shall give notice of a caucus to all eligible precinct committeemen.
4441	4441	5 committee persons.
4442	4442	6 (b) A county chairman chairperson may give notice of a caucus
4443	4443	7 before the time specified under subsection (a) if a vacancy will exist
4444	4444	8 because the official has:
4445	4445	9 (1) submitted a written resignation under IC 5-8-3.5;
4446	4446	10 (2) been elected to another office; or
4447	4447	11 (3) submitted a notice under IC 5-9-4 to take a leave of absence
4448	4448	12 for active duty in the armed forces or national guard.
4449	4449	13 (c) Notwithstanding IC 5-8-4, a person may not withdraw the
4450	4450	14 person's resignation after the resignation has been accepted by the
4451	4451	15 person authorized to accept the resignation less than seventy-two (72)
4452	4452	16 hours before the announced starting time of a caucus under this section.
4453	4453	17 (d) Except as provided in subsections (e) and (f) and section 3.5 of
4454	4454	18 this chapter, a caucus under this section shall be held after giving
4455	4455	19 notice to caucus members under section 4 of this chapter and not later
4456	4456	20 than thirty (30) days after the vacancy occurs.
4457	4457	21 (e) If a vacancy exists in an office because of the death of the
4458	4458	22 officeholder, the caucus shall meet and select an individual to fill the
4459	4459	23 vacancy not later than thirty (30) days after the county chairman
4460	4460	24 chairperson receives notice of the death under IC 5-8-6. The county
4461	4461	25 chairman chairperson shall give notice to caucus members under
4462	4462	26 section 4 of this chapter. The county chairman chairperson may not
4463	4463	27 give the notice required by section 4 of this chapter until the county
4464	4464	28 chairman chairperson receives notice of the death under IC 5-8-6.
4465	4465	29 (f) If a person or entity that receives notice of a resignation under
4466	4466	30 IC 5-8-3.5-1(b) fails to provide timely notice of the resignation to the
4467	4467	31 person or entity with the power to fill the vacancy or call the caucus,
4468	4468	32 the person or entity with the power to fill the vacancy or call that
4469	4469	33 caucus:
4470	4470	34 (1) may immediately proceed to fill the vacancy or call the caucus
4471	4471	35 without prior receipt of the notice; and
4472	4472	36 (2) must do so not later than thirty (30) days after receiving the
4473	4473	37 notice from the person or entity that received the notice of
4474	4474	38 resignation.
4475	4475	39 SECTION 201. IC 3-13-11-3.5, AS AMENDED BY P.L.119-2005,
4476	4476	40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4477	4477	41 JULY 1, 2024]: Sec. 3.5. (a) If a vacancy exists on a town council
4478	4478	42 because a circumstance has occurred under IC 36-5-2-6.5(3), the
4479	4479	2024 IN 1267—LS 6912/DI 92 105
4480	4480	1 caucus shall meet and select an individual to fill the vacancy not later
4481	4481	2 than thirty (30) days after the county chairman chairperson receives
4482	4482	3 a notice of the vacancy under IC 5-8-5.
4483	4483	4 (b) The county chairman chairperson shall:
4484	4484	5 (1) give notice of the caucus meeting to caucus members under
4485	4485	6 section 4 of this chapter; and
4486	4486	7 (2) keep the notice of the vacancy with the records of the caucus.
4487	4487	8 SECTION 202. IC 3-13-11-4 IS AMENDED TO READ AS
4488	4488	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The notice for a
4489	4489	10 caucus under section 3 of this chapter must:
4490	4490	11 (1) be in writing;
4491	4491	12 (2) state the name of the chairman chairperson of the caucus;
4492	4492	13 (3) state the purpose of the caucus;
4493	4493	14 (4) state the date, time, and place of the caucus; and
4494	4494	15 (5) be sent by first class mail to each member of the caucus at
4495	4495	16 least ten (10) days before the caucus.
4496	4496	17 SECTION 203. IC 3-13-11-5 IS AMENDED TO READ AS
4497	4497	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) To be eligible to
4498	4498	19 be a member of a caucus under this chapter, a precinct committeeman
4499	4499	20 committee person must satisfy the following:
4500	4500	21 (1) Be a member of the same political party that elected or
4501	4501	22 selected the person who vacated the office to be filled.
4502	4502	23 (2) Be the precinct committeeman committee person of a
4503	4503	24 precinct in which voters were eligible to vote for the person who
4504	4504	25 vacated the office to be filled at the last election conducted or
4505	4505	26 permitted for the office.
4506	4506	27 (3) Satisfy the other requirements of this section.
4507	4507	28 An elected precinct committeeman committee person is eligible to
4508	4508	29 participate in a caucus called under this chapter, regardless of when the
4509	4509	30 vacancy in the office occurred.
4510	4510	31 (b) An appointed precinct committeeman committee person is
4511	4511	32 eligible to participate in a caucus called under this chapter if the
4512	4512	33 precinct committeeman committee person was a precinct
4513	4513	34 committeeman committee person thirty (30) days before the vacancy
4514	4514	35 occurred.
4515	4515	36 (c) If fewer than two (2) persons are eligible to be members of a
4516	4516	37 caucus under this section, the county chairman chairperson entitled to
4517	4517	38 give notice of a caucus under section 3 of this chapter shall fill the
4518	4518	39 vacancy, no later than thirty (30) days after the vacancy occurs. A
4519	4519	40 chairman chairperson acting under this subsection is not required to
4520	4520	41 conduct a caucus.
4521	4521	42 SECTION 204. IC 3-13-11-6, AS AMENDED BY P.L.225-2011,
4522	4522	2024 IN 1267—LS 6912/DI 92 106
4523	4523	1 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4524	4524	2 JULY 1, 2024]: Sec. 6. The county chairman: chairperson:
4525	4525	3 (1) of the county in which the greatest percentage of the
4526	4526	4 population of the election district is located; and
4527	4527	5 (2) of the same political party that elected or selected the official
4528	4528	6 who vacated the office to be filled;
4529	4529	7 (or an individual designated by the county chairman) chairperson) is
4530	4530	8 the chairman chairperson of a caucus held under this chapter. The
4531	4531	9 chairman chairperson is not eligible to vote in the caucus unless the
4532	4532	10 chairman chairperson is also a member of the caucus.
4533	4533	11 SECTION 205. IC 3-13-11-7 IS AMENDED TO READ AS
4534	4534	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) This section does
4535	4535	13 not apply to a vacancy filled by a county chairman chairperson under
4536	4536	14 section 5(c) of this chapter.
4537	4537	15 (b) A person who wishes to be a candidate for pro tempore
4538	4538	16 appointment to fill a vacancy under this chapter must file:
4539	4539	17 (1) a declaration of candidacy with the chairman chairperson of
4540	4540	18 the caucus; and
4541	4541	19 (2) a statement of economic interests with the commission on
4542	4542	20 judicial qualifications if the vacancy is in the office of prosecuting
4543	4543	21 attorney;
4544	4544	22 at least seventy-two (72) hours before the time fixed for the caucus.
4545	4545	23 SECTION 206. IC 3-13-11-8, AS AMENDED BY P.L.216-2015,
4546	4546	24 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4547	4547	25 JULY 1, 2024]: Sec. 8. (a) Except as provided in this chapter, the
4548	4548	26 caucus shall establish the caucus rules of procedure. The chairman
4549	4549	27 chairperson or an individual designated by the chairman chairperson
4550	4550	28 shall break any tie vote that occurs in the caucus.
4551	4551	29 (b) If a quorum required under the rules of a meeting held under this
4552	4552	30 chapter is not present, the county chairman chairperson or an
4553	4553	31 individual designated by the county chairman chairperson shall fill the
4554	4554	32 vacancy that exists in the local office.
4555	4555	33 SECTION 207. IC 3-13-11-9 IS AMENDED TO READ AS
4556	4556	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Except as
4557	4557	35 provided in this section, voting by proxy is not permitted in a caucus
4558	4558	36 held under this chapter.
4559	4559	37 (b) A precinct vice committeeman committee person is entitled to
4560	4560	38 participate in a caucus held under this chapter and vote as a proxy for
4561	4561	39 the vice committeeman's committee person's precinct committeeman
4562	4562	40 committee person if all of the following apply:
4563	4563	41 (1) The vice committeeman's committee person's precinct
4564	4564	42 committeeman committee person is otherwise eligible to
4565	4565	2024 IN 1267—LS 6912/DI 92 107
4566	4566	1 participate in the caucus under this chapter. This subdivision is
4567	4567	2 satisfied if the vacancy to be filled under this chapter resulted
4568	4568	3 from the death of an individual holding a local office who also
4569	4569	4 served as a precinct committeeman. committee person.
4570	4570	5 (2) The vice committeeman's committee person's precinct
4571	4571	6 committeeman committee person is not present at the caucus.
4572	4572	7 (3) The vice committeeman committee person is eligible under
4573	4573	8 this section.
4574	4574	9 (c) The vice committeeman committee person of an elected
4575	4575	10 precinct committeeman committee person is eligible to participate in
4576	4576	11 a caucus held under this chapter and vote the precinct committeeman's
4577	4577	12 committee person's proxy, regardless of when the vacancy occurred,
4578	4578	13 if the vice committeeman committee person was the vice
4579	4579	14 committeeman committee person five (5) days before the date of the
4580	4580	15 caucus.
4581	4581	16 (d) If a vice committeeman committee person is not eligible under
4582	4582	17 subsection (c), the vice committeeman committee person is eligible
4583	4583	18 to participate in a caucus held under this chapter and vote the precinct
4584	4584	19 committeeman's committee person's proxy only if the vice
4585	4585	20 committeeman committee person was the vice committeeman
4586	4586	21 committee person thirty (30) days before the vacancy occurred.
4587	4587	22 SECTION 208. IC 3-13-11-11 IS AMENDED TO READ AS
4588	4588	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) No later than
4589	4589	24 noon five (5) days after:
4590	4590	25 (1) the selection required by section 10 of this chapter; or
4591	4591	26 (2) a selection under section 5(c) of this chapter;
4592	4592	27 the chairman chairperson shall certify the pro tempore appointment
4593	4593	28 results to the circuit court clerk of the county in which the greatest
4594	4594	29 percentage of the population of the election district is located.
4595	4595	30 (b) This subsection applies to the selection of an individual for an
4596	4596	31 appointment pro tempore as judge of a town court, prosecuting
4597	4597	32 attorney, circuit court clerk, county auditor, county recorder, county
4598	4598	33 treasurer, county sheriff, county coroner, or county surveyor. The clerk
4599	4599	34 shall forward a copy of the certificate to the election division. The
4600	4600	35 election division shall prepare a commission for issuance under
4601	4601	36 IC 4-3-1-5 in the same manner that the election division prepares a
4602	4602	37 commission following the election of an individual to the office.
4603	4603	38 (c) This subsection applies to the selection of an individual for an
4604	4604	39 appointment pro tempore to a local office not described in subsection
4605	4605	40 (b). The clerk shall file the certificate in the clerk's office in the same
4606	4606	41 manner as certificates of election are filed. Within twenty-four (24)
4607	4607	42 hours after the certificate is filed, the clerk shall issue a copy of the
4608	4608	2024 IN 1267—LS 6912/DI 92 108
4609	4609	1 certificate to the individual named in the certificate.
4610	4610	2 SECTION 209. IC 3-13-11-17 IS AMENDED TO READ AS
4611	4611	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) This section
4612	4612	4 does not apply to the office of a judge or a township board member.
4613	4613	5 (b) In accordance with section 12 of this chapter, if a chief deputy
4614	4614	6 employee does not exist in a township office or the chief deputy
4615	4615	7 employee declines or is ineligible to serve, the chairman chairperson
4616	4616	8 of the township board assumes the duties of the township office until
4617	4617	9 the office is filled under this chapter.
4618	4618	10 SECTION 210. IC 3-14-3-19, AS AMENDED BY P.L.109-2021,
4619	4619	11 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4620	4620	12 JULY 1, 2024]: Sec. 19. A person who, for the purpose of inducing or
4621	4621	13 procuring another person to:
4622	4622	14 (1) apply for or cast an absentee ballot; or
4623	4623	15 (2) vote or refrain from voting for or against a candidate or for or
4624	4624	16 against a public question at:
4625	4625	17 (A) an election;
4626	4626	18 (B) a caucus;
4627	4627	19 (C) an appointment of a candidate by a political party
4628	4628	20 chairman chairperson or central committee officers; or
4629	4629	21 (D) a political convention;
4630	4630	22 authorized or required by this title;
4631	4631	23 gives, offers, or promises to any person any money or other property
4632	4632	24 commits a Level 6 felony.
4633	4633	25 SECTION 211. IC 4-3-17-4, AS AMENDED BY P.L.181-2015,
4634	4634	26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4635	4635	27 JULY 1, 2024]: Sec. 4. (a) The articles of incorporation or bylaws of
4636	4636	28 the corporation, as appropriate, must provide that:
4637	4637	29 (1) the exclusive purpose of the corporation is to provide grants
4638	4638	30 and serve as a resource for education programs on drug and
4639	4639	31 alcohol abuse, by providing assistance to persons or entities
4640	4640	32 involved with:
4641	4641	33 (A) coordinating the activities of all parties having a role in
4642	4642	34 drug and alcohol abuse education and prevention; and
4643	4643	35 (B) educating and assisting local communities in educating
4644	4644	36 Indiana citizens on the problems of drug and alcohol abuse;
4645	4645	37 (2) the board must include:
4646	4646	38 (A) the governor or the governor's designee;
4647	4647	39 (B) the state health commissioner or the commissioner's
4648	4648	40 designee; and
4649	4649	41 (C) additional persons appointed by the governor, who have
4650	4650	42 knowledge or experience in drug or alcohol education
4651	4651	2024 IN 1267—LS 6912/DI 92 109
4652	4652	1 programs;
4653	4653	2 (3) the governor shall designate a member of the board to serve
4654	4654	3 as chairman chairperson of the board;
4655	4655	4 (4) the board shall select any other officers it considers necessary,
4656	4656	5 such as a vice chairman, chairperson, treasurer, or secretary;
4657	4657	6 (5) the chairman chairperson of the board may appoint any
4658	4658	7 subcommittees that the chairman chairperson considers
4659	4659	8 necessary to carry out the duties of the corporation;
4660	4660	9 (6) with the approval of the governor, the corporation may appoint
4661	4661	10 a president, who shall serve as the chief operating officer of the
4662	4662	11 corporation and who may appoint staff or employ consultants to
4663	4663	12 carry out the corporation's duties under this chapter, including
4664	4664	13 personnel to receive or disseminate information that furthers the
4665	4665	14 goals of the corporation;
4666	4666	15 (7) the corporation may receive funds from any source (including
4667	4667	16 state appropriations), may enter into contracts, and may expend
4668	4668	17 funds for any activities necessary, convenient, or expedient to
4669	4669	18 carry out its purposes;
4670	4670	19 (8) any amendments to the articles of incorporation or bylaws of
4671	4671	20 the corporation must be approved by the board;
4672	4672	21 (9) the corporation shall submit an annual report to the governor,
4673	4673	22 lieutenant governor, and chairman chairperson of the legislative
4674	4674	23 council before December 31 of each year;
4675	4675	24 (10) the corporation shall conduct an annual public hearing to
4676	4676	25 receive comments from interested parties regarding the annual
4677	4677	26 report, and notice of the hearing shall be given at least fourteen
4678	4678	27 (14) days before the hearing in accordance with IC 5-14-1.5-5(b);
4679	4679	28 and
4680	4680	29 (11) the corporation is subject to audit by the state board of
4681	4681	30 accounts, and the corporation shall bear the full costs of this audit.
4682	4682	31 An annual report described in subdivision (9) that is submitted to the
4683	4683	32 chairman chairperson of the legislative council must be in an
4684	4684	33 electronic format under IC 5-14-6.
4685	4685	34 (b) The corporation may perform other acts necessary, convenient,
4686	4686	35 or expedient to carry out its purposes under this chapter and has all the
4687	4687	36 rights, powers, and privileges granted to corporations by IC 23-17 and
4688	4688	37 by common law.
4689	4689	38 (c) With the approval of the governor, the corporation may merge
4690	4690	39 with an entity with similar purposes. If the corporation merges with
4691	4691	40 another entity under this subsection, the governor shall revoke the
4692	4692	41 certification under section 7 of this chapter.
4693	4693	42 SECTION 212. IC 4-4-16-2, AS AMENDED BY P.L.83-2005,
4694	4694	2024 IN 1267—LS 6912/DI 92 110
4695	4695	1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4696	4696	2 JULY 1, 2024]: Sec. 2. (a) The Indiana main street council is
4697	4697	3 established. The council consists of:
4698	4698	4 (1) the secretary of agriculture and rural development or a person
4699	4699	5 designated by the secretary, who shall serve as chairman;
4700	4700	6 chairperson; and
4701	4701	7 (2) at least seven (7) but not more than ten (10) persons appointed
4702	4702	8 by the secretary, who represent organizations concerned with the
4703	4703	9 purposes of the program established by this chapter and who
4704	4704	10 represent all geographic regions of the state.
4705	4705	11 (b) Members appointed to the council by the secretary shall serve
4706	4706	12 for a term of three (3) years, beginning on July 1 after their
4707	4707	13 appointment. However, a member appointed to fill a vacancy on the
4708	4708	14 council shall serve for the remainder of the unexpired term.
4709	4709	15 (c) The council shall:
4710	4710	16 (1) develop and direct policy;
4711	4711	17 (2) coordinate administrative techniques; and
4712	4712	18 (3) provide assistance;
4713	4713	19 to carry out the purposes of the Indiana main street program.
4714	4714	20 (d) Each member of the council who is not a state employee is
4715	4715	21 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
4716	4716	22 Each member is entitled to reimbursement for traveling expenses and
4717	4717	23 other expenses actually incurred in connection with the member's
4718	4718	24 duties, as provided in the state travel policies and procedures
4719	4719	25 established by the department of administration and approved by the
4720	4720	26 state budget agency.
4721	4721	27 SECTION 213. IC 4-12-1-11 IS AMENDED TO READ AS
4722	4722	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) In addition to
4723	4723	29 cooperating in the preparation of a recommended budget report and
4724	4724	30 budget bill as herein provided, the chief functions of the budget
4725	4725	31 committee shall be to serve as liaison between the legislative and
4726	4726	32 executive, including the administrative branches of government, and
4727	4727	33 to provide information to the general assembly with respect to the
4728	4728	34 management of state fiscal affairs so that it may have a better insight
4729	4729	35 into the budgetary and appropriation needs of the various state
4730	4730	36 agencies. To perform such functions the budget committee may:
4731	4731	37 (1) Select a chairman chairperson and such other officers as the
4732	4732	38 members desire, and hold meetings at stated intervals, and on call
4733	4733	39 of the chairman. chairperson.
4734	4734	40 (2) Make such policies and procedures concerning its
4735	4735	41 organization and operation as are deemed advisable but IC 4-22-2
4736	4736	42 shall not apply thereto.
4737	4737	2024 IN 1267—LS 6912/DI 92 111
4738	4738	1 (3) Have access to all files, information gathered and reports of
4739	4739	2 the budget agency.
4740	4740	3 (4) Inspect any state agency in order to obtain accurate
4741	4741	4 information concerning its budgetary needs and fiscal
4742	4742	5 management, and examine all of its records and books of account.
4743	4743	6 (5) Subpoena witnesses and records, examine witnesses under
4744	4744	7 oath, hold hearings, and exercise all the inherent powers of an
4745	4745	8 interim legislative committee for study of budgetary affairs and
4746	4746	9 fiscal management.
4747	4747	10 (6) Attend meetings of appropriate committees of the general
4748	4748	11 assembly and furnish it with information and advice.
4749	4749	12 (7) Make such general or special reports to the budget agency and
4750	4750	13 to the general assembly as are deemed advisable. A report to the
4751	4751	14 general assembly under this subdivision must be in an electronic
4752	4752	15 format under IC 5-14-6.
4753	4753	16 (b) The salary per diem of the legislative members of the budget
4754	4754	17 committee is seventy dollars ($70) per day each for the time necessarily
4755	4755	18 employed in the performance of their duties, and as provided by law all
4756	4756	19 necessary traveling and hotel expenses, in addition to their legislative
4757	4757	20 salary and legislative expense allowance, fixed by law as members of
4758	4758	21 the general assembly. However, the salary per diem provided in this
4759	4759	22 section is in lieu of any other per diem allowances available for the
4760	4760	23 same day to legislative members of the budget committee in their
4761	4761	24 capacity as members of other legislative committees or commissions.
4762	4762	25 SECTION 214. IC 4-12-13-2, AS ADDED BY P.L.234-2007,
4763	4763	26 SECTION 224, IS AMENDED TO READ AS FOLLOWS
4764	4764	27 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) This section applies only to
4765	4765	28 a contract or an agreement:
4766	4766	29 (1) that is first entered into by:
4767	4767	30 (A) a state agency; and
4768	4768	31 (B) a private contractor or private vendor;
4769	4769	32 after June 30, 2007;
4770	4770	33 (2) in which the initial term of the contract or agreement plus the
4771	4771	34 term of any possible renewal or extension periods is at least four
4772	4772	35 (4) years;
4773	4773	36 (3) under which the amount to be paid by the state agency during
4774	4774	37 the initial term of the contract or agreement plus the term of any
4775	4775	38 possible renewal or extension periods:
4776	4776	39 (A) is at least ten million dollars ($10,000,000); or
4777	4777	40 (B) is estimated by the state agency to be at least ten million
4778	4778	41 dollars ($10,000,000); and
4779	4779	42 (4) under which the private contractor or private vendor will
4780	4780	2024 IN 1267—LS 6912/DI 92 112
4781	4781	1 provide services that before the effective date of the contract or
4782	4782	2 agreement are provided directly by the employees of the state
4783	4783	3 agency.
4784	4784	4 (b) In addition to any other requirements that must be satisfied, a
4785	4785	5 state agency may not enter into a contract or an agreement described in
4786	4786	6 subsection (a) unless the following requirements are satisfied:
4787	4787	7 (1) At least thirty (30) days before entering into the contract or
4788	4788	8 agreement, the state agency must conduct at least one (1) public
4789	4789	9 hearing on the contract or agreement. The state agency must allow
4790	4790	10 public comments and testimony at the public hearing. The public
4791	4791	11 hearing must be held in compliance with IC 5-14-1.5.
4792	4792	12 (2) Either of the following occurs:
4793	4793	13 (A) At least thirty (30) days before the state agency enters into
4794	4794	14 the contract or agreement, the budget committee makes a
4795	4795	15 recommendation to the budget agency concerning the contract
4796	4796	16 or agreement.
4797	4797	17 (B) The budget committee does not make a recommendation
4798	4798	18 concerning the contract or agreement within thirty (30) days
4799	4799	19 after the chairman chairperson of the budget committee is
4800	4800	20 requested by the budget agency to make a recommendation.
4801	4801	21 SECTION 215. IC 4-12-13-3, AS ADDED BY P.L.234-2007,
4802	4802	22 SECTION 224, IS AMENDED TO READ AS FOLLOWS
4803	4803	23 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) In addition to any other
4804	4804	24 requirements that must be satisfied, a state agency may have the
4805	4805	25 employees of the state agency directly provide services that are
4806	4806	26 provided by a private contractor or private vendor under a contract or
4807	4807	27 an agreement described in section 2(a) of this chapter only if the
4808	4808	28 following requirements are satisfied:
4809	4809	29 (1) At least thirty (30) days before the employees of the state
4810	4810	30 agency begin directly providing the services, the state agency
4811	4811	31 must conduct at least one (1) public hearing concerning the
4812	4812	32 provision of the services by the employees of the state agency.
4813	4813	33 The state agency must allow public comments and testimony at
4814	4814	34 the public hearing. The public hearing must be held in
4815	4815	35 compliance with IC 5-14-1.5.
4816	4816	36 (2) Either of the following occurs:
4817	4817	37 (A) At least thirty (30) days before employees of the state
4818	4818	38 agency begin directly providing services, the budget
4819	4819	39 committee makes a recommendation to the budget agency
4820	4820	40 concerning the provision of the services by the employees of
4821	4821	41 the state agency.
4822	4822	42 (B) The budget committee does not make a recommendation
4823	4823	2024 IN 1267—LS 6912/DI 92 113
4824	4824	1 concerning the provision of the services by the employees of
4825	4825	2 the state agency within thirty (30) days after the chairman
4826	4826	3 chairperson of the budget committee is requested by the
4827	4827	4 budget agency to make a recommendation.
4828	4828	5 (b) A state agency is not required to comply with the requirements
4829	4829	6 of subsection (a) if the director or other administrative head of the state
4830	4830	7 agency declares that an emergency exists that requires the employees
4831	4831	8 of the state agency to directly provide the services that were provided
4832	4832	9 by a private contractor or private vendor.
4833	4833	10 SECTION 216. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020,
4834	4834	11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4835	4835	12 JULY 1, 2024]: Sec. 2. (a) There is established a governor's
4836	4836	13 commission on supplier diversity. The commission shall consist of the
4837	4837	14 following members:
4838	4838	15 (1) A governor's designee, who shall serve as chairman
4839	4839	16 chairperson of the commission.
4840	4840	17 (2) The commissioner of the Indiana department of transportation,
4841	4841	18 or the economic opportunity director of the Indiana department of
4842	4842	19 transportation if the commissioner of the Indiana department of
4843	4843	20 transportation so designates.
4844	4844	21 (3) The chairperson of the board of the Indiana economic
4845	4845	22 development corporation or the chairperson's designee.
4846	4846	23 (4) The commissioner.
4847	4847	24 (5) Nine (9) individuals with demonstrated capabilities in
4848	4848	25 business and industry, especially minority business enterprises,
4849	4849	26 women's business enterprises, and veteran owned small
4850	4850	27 businesses, appointed by the governor from the following
4851	4851	28 geographical areas of the state:
4852	4852	29 (A) Three (3) from the northern one-third (1/3) of the state.
4853	4853	30 (B) Three (3) from the central one-third (1/3) of the state.
4854	4854	31 (C) Three (3) from the southern one-third (1/3) of the state.
4855	4855	32 (6) Two (2) members of the house of representatives, no more
4856	4856	33 than one (1) from the same political party, appointed by the
4857	4857	34 speaker of the house of representatives to serve in a nonvoting
4858	4858	35 advisory capacity.
4859	4859	36 (7) Two (2) members of the senate, no more than one (1) from the
4860	4860	37 same political party, appointed by the president pro tempore of
4861	4861	38 the senate to serve in a nonvoting advisory capacity.
4862	4862	39 (8) The deputy commissioner, who shall serve as a nonvoting
4863	4863	40 member.
4864	4864	41 Not more than six (6) of the ten (10) members appointed or designated
4865	4865	42 by the governor may be of the same political party. Appointed members
4866	4866	2024 IN 1267—LS 6912/DI 92 114
4867	4867	1 of the commission shall serve four (4) year terms. A vacancy occurs if
4868	4868	2 a legislative member leaves office for any reason. Any vacancy on the
4869	4869	3 commission shall be filled in the same manner as the original
4870	4870	4 appointment.
4871	4871	5 (b) Each member of the commission who is not a state employee is
4872	4872	6 entitled to the following:
4873	4873	7 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
4874	4874	8 (2) Reimbursement for traveling expenses and other expenses
4875	4875	9 actually incurred in connection with the member's duties as
4876	4876	10 provided under IC 4-13-1-4 and in the state travel policies and
4877	4877	11 procedures established by the Indiana department of
4878	4878	12 administration and approved by the budget agency.
4879	4879	13 (c) Each legislative member of the commission is entitled to receive
4880	4880	14 the same per diem, mileage, and travel allowances established by the
4881	4881	15 legislative council and paid to members of the general assembly
4882	4882	16 serving on interim study committees. The allowances specified in this
4883	4883	17 subsection shall be paid by the legislative services agency from the
4884	4884	18 amounts appropriated for that purpose.
4885	4885	19 (d) A member of the commission who is a state employee but who
4886	4886	20 is not a member of the general assembly is not entitled to any of the
4887	4887	21 following:
4888	4888	22 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
4889	4889	23 (2) Reimbursement for traveling expenses as provided under
4890	4890	24 IC 4-13-1-4.
4891	4891	25 (3) Other expenses actually incurred in connection with the
4892	4892	26 member's duties.
4893	4893	27 (e) The commission shall meet at least four (4) times each year and
4894	4894	28 at other times as the chairman chairperson considers necessary.
4895	4895	29 (f) The duties of the commission shall include but not be limited to
4896	4896	30 the following:
4897	4897	31 (1) Identify minority business enterprises, women's business
4898	4898	32 enterprises, and veteran owned small businesses in the state.
4899	4899	33 (2) Assess the needs of minority business enterprises, women's
4900	4900	34 business enterprises, and veteran owned small businesses.
4901	4901	35 (3) Initiate aggressive programs to assist minority business
4902	4902	36 enterprises, women's business enterprises, and veteran owned
4903	4903	37 small businesses in obtaining state contracts.
4904	4904	38 (4) Give special publicity to procurement, bidding, and qualifying
4905	4905	39 procedures.
4906	4906	40 (5) Include minority business enterprises, women's business
4907	4907	41 enterprises, and veteran owned small businesses on solicitation
4908	4908	42 mailing lists.
4909	4909	2024 IN 1267—LS 6912/DI 92 115
4910	4910	1 (6) Evaluate the competitive differences between qualified
4911	4911	2 minority or women's nonprofit corporations and other than
4912	4912	3 qualified minority or women's nonprofit corporations and veteran
4913	4913	4 owned small businesses that offer similar services and make
4914	4914	5 recommendation to the department on policy changes necessary
4915	4915	6 to ensure fair competition among minority business enterprises,
4916	4916	7 women's business enterprises, and veteran owned small
4917	4917	8 businesses.
4918	4918	9 (7) Define the duties, goals, and objectives of the deputy
4919	4919	10 commissioner of the department as created under this chapter to
4920	4920	11 assure compliance by all state agencies, separate bodies corporate
4921	4921	12 and politic, and state educational institutions with state and
4922	4922	13 federal legislation and policy concerning the awarding of
4923	4923	14 contracts (including, notwithstanding section 1(d) of this chapter
4924	4924	15 or any other law, contracts of state educational institutions) to
4925	4925	16 minority business enterprises, women's business enterprises, and
4926	4926	17 veteran owned small businesses.
4927	4927	18 (8) Establish annual goals:
4928	4928	19 (A) for the use of minority and women's business enterprises;
4929	4929	20 and
4930	4930	21 (B) derived from a statistical analysis of utilization study of
4931	4931	22 state contracts (including, notwithstanding section 1(d) of this
4932	4932	23 chapter or any other law, contracts of state educational
4933	4933	24 institutions) that are required to be updated every five (5)
4934	4934	25 years.
4935	4935	26 (9) Prepare a review of the commission and the various affected
4936	4936	27 departments of government to be submitted to the governor and
4937	4937	28 the legislative council on March 1 and October 1 of each year,
4938	4938	29 evaluating progress made in the areas defined in this subsection.
4939	4939	30 (10) Ensure that the statistical analysis required under this
4940	4940	31 section:
4941	4941	32 (A) is based on goals for participation of minority business
4942	4942	33 enterprises established in Richmond v. Croson, 488 U.S. 469
4943	4943	34 (1989);
4944	4944	35 (B) includes information on both contracts and subcontracts
4945	4945	36 (including, notwithstanding section 1(d) of this chapter or any
4946	4946	37 other law, contracts and subcontracts of state educational
4947	4947	38 institutions); and
4948	4948	39 (C) uses data on the combined capacity of minority business
4949	4949	40 enterprises, women's business enterprises, and veteran owned
4950	4950	41 small businesses in Indiana and not just regional data.
4951	4951	42 (11) Establish annual goals for the use of minority business
4952	4952	2024 IN 1267—LS 6912/DI 92 116
4953	4953	1 enterprises, women's business enterprises, and veteran owned
4954	4954	2 small businesses for any contract that:
4955	4955	3 (A) will be paid for in whole or in part with state grant funds;
4956	4956	4 and
4957	4957	5 (B) involves the use of real property of a unit (as defined in
4958	4958	6 IC 4-4-32.2-9).
4959	4959	7 (12) Ensure compliance with the establishment and evaluation of
4960	4960	8 the annual goal for veteran owned small businesses established in
4961	4961	9 section 3.5 of this chapter.
4962	4962	10 (g) The department shall direct contractors to demonstrate a good
4963	4963	11 faith effort to meet the annual participation goals established under
4964	4964	12 subsection (f)(11). The good faith effort shall be demonstrated by
4965	4965	13 contractors using the repository of certified firms created under section
4966	4966	14 3 of this chapter or a similar repository maintained by a unit (as defined
4967	4967	15 in IC 4-4-32.2-9).
4968	4968	16 (h) The department shall adopt rules of ethics under IC 4-22-2 for
4969	4969	17 commission members other than commission members appointed
4970	4970	18 under subsection (a)(6) or (a)(7).
4971	4971	19 (i) The department shall furnish administrative support and staff as
4972	4972	20 is necessary for the effective operation of the commission.
4973	4973	21 (j) The commission shall advise the department on developing a
4974	4974	22 statement, to be included in all applications for and agreements
4975	4975	23 governing grants made with state funds, stating the importance of the
4976	4976	24 use of minority business enterprises, women's business enterprises, and
4977	4977	25 veteran owned small businesses in fulfilling the purposes of the grant.
4978	4978	26 SECTION 217. IC 4-15-1.5-5, AS AMENDED BY P.L.134-2012,
4979	4979	27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4980	4980	28 JULY 1, 2024]: Sec. 5. The commission shall meet in rooms provided
4981	4981	29 by the personnel department and assume the duties of office. Three (3)
4982	4982	30 members of the commission shall constitute a quorum for the
4983	4983	31 transaction of business, and a majority of votes cast shall be required
4984	4984	32 for the adoption or approval of any official action. The commission
4985	4985	33 shall elect one (1) of the members as the chairman chairperson and
4986	4986	34 another member as vice-chairman and the persons so elected vice
4987	4987	35 chairperson who shall hold office for one (1) year and until their
4988	4988	36 successors are elected and qualified. The commission shall hold at least
4989	4989	37 one (1) annual meeting and such regular and special meetings as
4990	4990	38 needed as the commission may prescribe by rule or upon the call of the
4991	4991	39 chairman. chairperson.
4992	4992	40 SECTION 218. IC 4-15-2.2-45, AS ADDED BY P.L.229-2011,
4993	4993	41 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4994	4994	42 JULY 1, 2024]: Sec. 45. (a) This section does not apply to precinct
4995	4995	2024 IN 1267—LS 6912/DI 92 117
4996	4996	1 committeemen, committee persons, state or national party convention
4997	4997	2 delegates, or candidates for these party positions.
4998	4998	3 (b) A classified employee who is elected to a federal or state public
4999	4999	4 office is considered to have resigned from state service on the date the
5000	5000	5 person takes office.
5001	5001	6 SECTION 219. IC 4-23-2-1 IS AMENDED TO READ AS
5002	5002	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is hereby
5003	5003	8 created a commission to be known as the Indiana arts commission. On
5004	5004	9 and after July 1, 1967, the commission shall consist of fifteen (15)
5005	5005	10 members who shall be appointed by the governor and shall serve for a
5006	5006	11 term of four (4) years and until their successors are appointed and
5007	5007	12 qualified. In event of a vacancy, the governor shall appoint a successor
5008	5008	13 to complete the unexpired term.
5009	5009	14 (b) Insofar as practicable, the members of the commission shall be
5010	5010	15 selected so as to give representation to the various geographical areas
5011	5011	16 of the state and to all fields of the performing and fine arts. Members
5012	5012	17 shall be selected from among the residents of Indiana who have
5013	5013	18 competence, experience, and interest in connection with the performing
5014	5014	19 and fine arts. In making such appointments, due consideration shall be
5015	5015	20 given to any recommendations made by representative civic,
5016	5016	21 educational, and professional associations and groups concerned with
5017	5017	22 or engaged in the production or presentation of the performing and fine
5018	5018	23 arts.
5019	5019	24 (c) On or before July 1, 1967, the governor shall appoint five (5)
5020	5020	25 members to serve for a term of one (1) year, five (5) members to serve
5021	5021	26 for a term of two (2) years, and five (5) members to serve for a term of
5022	5022	27 four (4) years. Upon the expiration of the terms of the original members
5023	5023	28 appointed under this subsection, their successors shall be appointed for
5024	5024	29 terms of four (4) years. A member shall be eligible to succeed himself.
5025	5025	30 the member.
5026	5026	31 (d) The commission shall each year designate one (1) of its
5027	5027	32 members to serve as the chairman chairperson of the commission who
5028	5028	33 shall be the chief executive officer of the commission, one (1) member
5029	5029	34 to serve as vice chairman chairperson who shall act as chairman
5030	5030	35 chairperson in the absence or inability to act of the chairman,
5031	5031	36 chairperson, and one (1) to serve as secretary who shall be responsible
5032	5032	37 for maintaining records of the proceedings of the commission.
5033	5033	38 (e) All contracts, applications for grants, and other documents shall
5034	5034	39 be executed in the name of the commission either by the chairman
5035	5035	40 chairperson of the commission or, when authorized by resolution of
5036	5036	41 the commission, by the executive director and shall be attested by the
5037	5037	42 secretary.
5038	5038	2024 IN 1267—LS 6912/DI 92 118
5039	5039	1 (f) Meetings of the commission shall be held at least quarterly and
5040	5040	2 at such other times as may be necessary. All meetings shall be upon
5041	5041	3 call of the chairman. chairperson.
5042	5042	4 (g) The members of the commission shall not be required to devote
5043	5043	5 their full time to their duties, but shall devote such time as is necessary
5044	5044	6 to carry out their duties under this chapter. The members of the
5045	5045	7 commission shall serve without pay, but shall be reimbursed for their
5046	5046	8 reasonable and necessary expenses actually incurred in carrying out
5047	5047	9 their duties.
5048	5048	10 (h) Eight (8) members of the commission shall constitute a quorum
5049	5049	11 for the transaction of the business of the commission. A vacancy in the
5050	5050	12 commission shall not impair the power of a quorum to transact
5051	5051	13 business.
5052	5052	14 SECTION 220. IC 4-23-5.5-3, AS AMENDED BY P.L.204-2007,
5053	5053	15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5054	5054	16 JULY 1, 2024]: Sec. 3. (a) The governor shall appoint one (1) of the
5055	5055	17 appointed members as chairman. chairperson. Five (5) members of the
5056	5056	18 board shall constitute a quorum and the affirmative vote of a majority
5057	5057	19 of the membership shall be necessary for any action taken by the board.
5058	5058	20 A vacancy in the membership of the board does not impair the right of
5059	5059	21 the quorum to act.
5060	5060	22 (b) All the members of the board shall be reimbursed for their actual
5061	5061	23 expenses incurred in the performance of their duties. The appointed
5062	5062	24 members may also receive a per diem allowance as determined by the
5063	5063	25 budget agency for attendance of board meetings and activities. All
5064	5064	26 reimbursement for expenses shall be as provided by law.
5065	5065	27 SECTION 221. IC 4-23-6.5-4, AS AMENDED BY P.L.56-2023,
5066	5066	28 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5067	5067	29 JULY 1, 2024]: Sec. 4. (a) The board consists of seven (7) members.
5068	5068	30 The board must include the following:
5069	5069	31 (1) The commissioner of the Indiana department of health or the
5070	5070	32 commissioner's designee.
5071	5071	33 (2) The chairman chairperson of the commission on forensic
5072	5072	34 sciences or the chairman's chairperson's designee.
5073	5073	35 (3) The superintendent of the state police department or the
5074	5074	36 superintendent's designee.
5075	5075	37 (4) Four (4) county coroners appointed by the governor, who shall
5076	5076	38 consider appointing coroners who are women or members of
5077	5077	39 minority groups.
5078	5078	40 (b) Not more than two (2) of the county coroner members of the
5079	5079	41 board may be from the same political party.
5080	5080	42 SECTION 222. IC 4-23-6.5-5, AS AMENDED BY P.L.56-2023,
5081	5081	2024 IN 1267—LS 6912/DI 92 119
5082	5082	1 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5083	5083	2 JULY 1, 2024]: Sec. 5. (a) The commissioner of the Indiana
5084	5084	3 department of health or the commissioner's designee shall serve as
5085	5085	4 chairman chairperson of the board.
5086	5086	5 (b) The board shall annually elect a vice chairman chairperson
5087	5087	6 from among the members of the board.
5088	5088	7 SECTION 223. IC 4-23-7.2-21, AS ADDED BY P.L.77-2017,
5089	5089	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5090	5090	9 JULY 1, 2024]: Sec. 21. (a) An advisory committee is established to
5091	5091	10 advise the historical bureau in establishing an oral history of the
5092	5092	11 general assembly under section 20 of this chapter. The committee
5093	5093	12 consists of the following eight (8) members:
5094	5094	13 (1) One (1) member of the general assembly appointed by the
5095	5095	14 speaker of the house of representatives.
5096	5096	15 (2) One (1) member of the general assembly appointed by the
5097	5097	16 minority leader of the house of representatives.
5098	5098	17 (3) One (1) member of the general assembly appointed by the
5099	5099	18 president pro tempore of the senate.
5100	5100	19 (4) One (1) member of the general assembly appointed by the
5101	5101	20 minority leader of the senate.
5102	5102	21 (5) Four (4) members appointed by the governor as follows:
5103	5103	22 (A) One (1) member nominated by the Indiana library and
5104	5104	23 historical board.
5105	5105	24 (B) One (1) member nominated by the Indiana Historical
5106	5106	25 Society.
5107	5107	26 (C) One (1) member nominated by the Center for the Study of
5108	5108	27 History and Memory at Indiana University.
5109	5109	28 (D) One (1) member nominated by the board of trustees of The
5110	5110	29 History Museum in South Bend.
5111	5111	30 (b) The following apply to the governor's appointments under
5112	5112	31 subsection (a)(5):
5113	5113	32 (1) Not more than two (2) members appointed by the governor
5114	5114	33 may be members of the same political party.
5115	5115	34 (2) The appointments must be made so that the northern, central,
5116	5116	35 and southern regions of Indiana are represented on the committee.
5117	5117	36 (c) Members of the committee serve at the pleasure of the
5118	5118	37 appointing authority. If a vacancy occurs on the committee, the
5119	5119	38 appointing authority that appointed the member whose position is
5120	5120	39 vacant shall appoint an individual to fill the vacancy. An individual
5121	5121	40 appointed to fill a vacancy must have the qualifications that a member
5122	5122	41 appointed by the appointing authority must have.
5123	5123	42 (d) The:
5124	5124	2024 IN 1267—LS 6912/DI 92 120
5125	5125	1 (1) chairman chairperson of the legislative council, with the
5126	5126	2 advice of the vice-chairman, vice chairperson, shall designate the
5127	5127	3 chair; and
5128	5128	4 (2) vice-chairman vice chairperson of the legislative council,
5129	5129	5 with the advice of the chairman, chairperson, shall designate a
5130	5130	6 vice-chair; vice chair;
5131	5131	7 of the committee from among the legislative members of the
5132	5132	8 committee. The chair and vice-chair vice chair of the committee serve
5133	5133	9 at the pleasure of the appointing authority.
5134	5134	10 (e) Each member of the committee is entitled to receive the same
5135	5135	11 per diem, mileage, and travel allowances paid to individuals who serve
5136	5136	12 as legislative and lay members, respectively, of interim study
5137	5137	13 committees established by the legislative council.
5138	5138	14 (f) The historical bureau shall provide staff support to the
5139	5139	15 committee.
5140	5140	16 (g) Expenses incurred by the committee to carry out its functions
5141	5141	17 must be paid from appropriations to the Indiana library and historical
5142	5142	18 board.
5143	5143	19 SECTION 224. IC 4-23-15-1 IS AMENDED TO READ AS
5144	5144	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is created
5145	5145	21 a commission to be known as the governor's residence commission.
5146	5146	22 This commission shall consist of seven (7) members, who shall each be
5147	5147	23 appointed by and serve at the pleasure and discretion of the governor;
5148	5148	24 and the governor shall be ex officio chairman chairperson of the
5149	5149	25 commission.
5150	5150	26 (b) The commissioners shall each year designate one (1) member to
5151	5151	27 serve as vice chairman, chairperson, who shall act as chairman
5152	5152	28 chairperson in the absence of the chairman, chairperson, and one (1)
5153	5153	29 member to serve as secretary, who shall be responsible for maintaining
5154	5154	30 records of the proceedings of the commission, and such other officers
5155	5155	31 as the commission deems necessary or desirable.
5156	5156	32 (c) All contracts, applications for grants, and other documents shall
5157	5157	33 be executed in the name of the commission either by the chairman
5158	5158	34 chairperson of the commission or, when authorized by resolution of
5159	5159	35 the commission, by the vice chairman, chairperson, and shall be
5160	5160	36 attested by the secretary.
5161	5161	37 (d) The members of the commission shall not be required to devote
5162	5162	38 their full time to their duties, but shall devote such time as is necessary
5163	5163	39 to carry out their duties under this chapter. The members of the
5164	5164	40 commission shall serve without pay, but shall be reimbursed for their
5165	5165	41 reasonable and necessary expenses actually incurred in carrying out
5166	5166	42 their duties.
5167	5167	2024 IN 1267—LS 6912/DI 92 121
5168	5168	1 SECTION 225. IC 4-23-24.1-4 IS AMENDED TO READ AS
5169	5169	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The governor
5170	5170	3 shall annually designate one (1) of the members appointed under
5171	5171	4 section 3(1) of this chapter as chairman chairperson of the
5172	5172	5 commission.
5173	5173	6 (b) Members of the commission appointed under subsection 3(1) of
5174	5174	7 this chapter serve a four (4) year term.
5175	5175	8 SECTION 226. IC 4-30-4-3 IS AMENDED TO READ AS
5176	5176	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The governor shall
5177	5177	10 annually select from the members a chairman chairperson and the
5178	5178	11 commission shall annually select from the members any other officers
5179	5179	12 necessary.
5180	5180	13 SECTION 227. IC 4-30-4-4 IS AMENDED TO READ AS
5181	5181	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The commission
5182	5182	15 shall meet at least once each quarter or more often at the call of the
5183	5183	16 chairman chairperson or the director. IC 5-14-1.5 (the open door law)
5184	5184	17 applies to the commission's meetings.
5185	5185	18 SECTION 228. IC 4-31-3-3 IS AMENDED TO READ AS
5186	5186	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The governor shall
5187	5187	20 designate a member of the commission to serve as chairman.
5188	5188	21 chairperson.
5189	5189	22 SECTION 229. IC 4-31-3-6 IS AMENDED TO READ AS
5190	5190	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Each member of the
5191	5191	24 commission shall execute a surety bond in the penal sum of ten
5192	5192	25 thousand dollars ($10,000). To the extent a member of the commission
5193	5193	26 is already covered by a bond required by state law, the member need
5194	5194	27 not obtain another bond as long as the bond required by state law is at
5195	5195	28 least equal to the penal sum specified in this section and covers the
5196	5196	29 member's activities for the commission. Instead of a bond, the chairman
5197	5197	30 chairperson of the commission may execute a blanket surety bond
5198	5198	31 covering each member and the employees or other officers of the
5199	5199	32 commission. Each surety bond must be conditioned upon the faithful
5200	5200	33 performance of the duties of the office of the member and shall be
5201	5201	34 issued by a surety company authorized to transact business in Indiana.
5202	5202	35 At all times after the issuance of a surety bond, each member shall
5203	5203	36 maintain the surety bond in full force and effect. All costs of the surety
5204	5204	37 bonds shall be paid by the commission.
5205	5205	38 SECTION 230. IC 4-32.3-5-11, AS AMENDED BY P.L.145-2021,
5206	5206	39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5207	5207	40 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsections (c)
5208	5208	41 through (e), an operator or a worker may not directly or indirectly
5209	5209	42 participate, other than in a capacity as an operator or a worker, in an
5210	5210	2024 IN 1267—LS 6912/DI 92 122
5211	5211	1 allowable activity that the operator or worker is conducting.
5212	5212	2 (b) A patron at a casino game night may deal the cards in a card
5213	5213	3 game if:
5214	5214	4 (1) the card game in which the patron deals the cards is a
5215	5215	5 qualified card game;
5216	5216	6 (2) the patron deals the cards in the manner required in the
5217	5217	7 ordinary course of the qualified card game; and
5218	5218	8 (3) the qualified card game is played under the supervision of the
5219	5219	9 qualified organization conducting the casino game night in
5220	5220	10 accordance with section 12 of this chapter (in the case of a game
5221	5221	11 of Texas hold'em poker or Omaha poker) and any rules adopted
5222	5222	12 by the commission.
5223	5223	13 A patron who deals the cards in a qualified card game conducted under
5224	5224	14 this subsection is not considered a worker or an operator for purposes
5225	5225	15 of this article.
5226	5226	16 (c) A worker at a festival event may participate as a player in any
5227	5227	17 gaming activity offered at the festival event except as follows:
5228	5228	18 (1) A worker may not participate in any game during the time in
5229	5229	19 which the worker is conducting or helping to conduct the game.
5230	5230	20 (2) A worker who conducts or helps to conduct a pull tab,
5231	5231	21 punchboard, or tip board event during a festival event may not
5232	5232	22 participate as a player in a pull tab, punchboard, or tip board
5233	5233	23 event conducted on the same calendar day.
5234	5234	24 (d) A worker at a bingo event:
5235	5235	25 (1) whose duties are limited to:
5236	5236	26 (A) selling bingo supplies;
5237	5237	27 (B) selling tickets for a raffle conducted at the bingo event; or
5238	5238	28 (C) the duties described in both clauses (A) and (B);
5239	5239	29 (2) who has completed all of the worker's duties before the start
5240	5240	30 of the first bingo game of the bingo event; and
5241	5241	31 (3) who is not engaged as a worker at any other time during the
5242	5242	32 bingo event;
5243	5243	33 may participate as a player in any gaming activity offered at the bingo
5244	5244	34 event following the completion of the worker's duties at the bingo
5245	5245	35 event.
5246	5246	36 (e) A worker at a raffle conducted by a qualified organization may
5247	5247	37 purchase a raffle ticket for a particular drawing at the raffle, subject to
5248	5248	38 the following: restrictions:
5249	5249	39 (1) The worker may not only purchase a raffle ticket from himself
5250	5250	40 or herself. another worker.
5251	5251	41 (2) The worker may not participate in the drawing of a winner.
5252	5252	42 SECTION 231. IC 4-37-3-1, AS AMENDED BY P.L.189-2018,
5253	5253	2024 IN 1267—LS 6912/DI 92 123
5254	5254	1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5255	5255	2 JULY 1, 2024]: Sec. 1. The corporation is governed by a board of
5256	5256	3 trustees that consists of the following members:
5257	5257	4 (1) Thirteen (13) persons appointed by the governor who are
5258	5258	5 voting members. The governor's appointments under this
5259	5259	6 subdivision must meet the following criteria:
5260	5260	7 (A) Each member must be a resident of Indiana.
5261	5261	8 (B) Not more than two (2) members may reside in the same
5262	5262	9 county.
5263	5263	10 (C) At least one (1) member must be a recognized supporter of
5264	5264	11 historic sites.
5265	5265	12 (D) Not more than seven (7) members may be from the same
5266	5266	13 political party.
5267	5267	14 (2) One (1) person who is appointed at-large by the governor and
5268	5268	15 who is a voting member. The member appointed under this
5269	5269	16 subdivision must be a resident of Indiana but may reside in any
5270	5270	17 county.
5271	5271	18 (3) Twelve (12) persons appointed by the board who are voting
5272	5272	19 members. The board's appointments under this subdivision must
5273	5273	20 meet the following criteria:
5274	5274	21 (A) Each member must be a resident of Indiana.
5275	5275	22 (B) Not more than two (2) members may reside in the same
5276	5276	23 county.
5277	5277	24 (C) At least one (1) member must be a recognized supporter of
5278	5278	25 historic sites.
5279	5279	26 (D) Not more than six (6) members may be from the same
5280	5280	27 political party.
5281	5281	28 (4) One (1) person who is appointed at-large by the board and
5282	5282	29 who is a voting member. The member appointed under this
5283	5283	30 subdivision must be a resident of Indiana but may reside in any
5284	5284	31 county.
5285	5285	32 (5) The following persons serve as nonvoting members of the
5286	5286	33 board:
5287	5287	34 (A) The chief executive officer.
5288	5288	35 (B) The governor or the governor's designee.
5289	5289	36 (C) One (1) member of the house of representatives appointed
5290	5290	37 by the chairman chairperson of the legislative council.
5291	5291	38 (D) One (1) member of the senate appointed by the chairman
5292	5292	39 chairperson of the legislative council.
5293	5293	40 (E) The director of the department of natural resources or the
5294	5294	41 director's designee.
5295	5295	42 The members appointed under clauses (C) and (D) must be from
5296	5296	2024 IN 1267—LS 6912/DI 92 124
5297	5297	1 different political parties and serve at the pleasure of the chairman
5298	5298	2 chairperson of the legislative council.
5299	5299	3 SECTION 232. IC 5-1-7-2, AS AMENDED BY P.L.2-2005,
5300	5300	4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5301	5301	5 JULY 1, 2024]: Sec. 2. The contract entered into by the board of
5302	5302	6 commissioners of any county and any such bondholder shall be signed
5303	5303	7 by the parties to such contract, shall be attested on behalf of the county
5304	5304	8 by the county auditor, and shall stipulate and agree that the board of
5305	5305	9 commissioners of the county will pay all interest on such matured bond
5306	5306	10 to the date of the maturity thereof, and that a new bond (referred to in
5307	5307	11 this chapter as a redemption bond) in the same amount as the matured
5308	5308	12 bond, will be issued to pay and retire such matured bond, and that such
5309	5309	13 redemption bond will be and continue to be a valid and binding
5310	5310	14 obligation of the county and that during the period fixed in the contract
5311	5311	15 not exceeding ten (10) years the board of commissioners will pay
5312	5312	16 annually to the owner of such redemption bond, one-tenth (1/10) of the
5313	5313	17 principal amount of such redemption bond and, in addition thereto, will
5314	5314	18 pay semiannually all interest which shall have accrued thereon to the
5315	5315	19 date when such payment is to be made. The date on which such partial
5316	5316	20 payments of the principal of such bond will be made shall be fixed and
5317	5317	21 prescribed in such contract and may be on June 1 or December 1 of the
5318	5318	22 year next succeeding the year in which such contract is executed and
5319	5319	23 signed and June 1 or December 1 of each and every year thereafter
5320	5320	24 until paid. The interest accrued on such bond shall be paid
5321	5321	25 semiannually on June 1 and December 1, beginning on the same date
5322	5322	26 as the first partial payment on such bond. The board of commissioners
5323	5323	27 shall further agree to levy a tax on the taxable property of such county
5324	5324	28 in an amount sufficient to make the payments on such redemption
5325	5325	29 bonds as they fall due, together with all interest which shall have
5326	5326	30 accrued thereon. Any bondholder who elects to avail himself or herself
5327	5327	31 the bondholder of the provisions of this chapter shall agree that in
5328	5328	32 consideration of the privilege hereby afforded the bondholder will not
5329	5329	33 maintain or attempt to maintain a suit for the collection or the
5330	5330	34 enforcement of the lien of any such bond, other than in accordance with
5331	5331	35 the remedies afforded by the provisions of this chapter. The form of the
5332	5332	36 contract herein contemplated shall be prescribed by the state board of
5333	5333	37 accounts with the approval of the attorney general. At the time when
5334	5334	38 the contract is executed and the redemption bond is issued, the matured
5335	5335	39 bond shall be surrendered to the county auditor and shall be canceled
5336	5336	40 by writing across the face of the matured bond the words "Canceled by
5337	5337	41 issuing to ______ a redemption bond in the same principal sum as this
5338	5338	42 bond, due and payable on the ______ day of ______, 20____.".
5339	5339	2024 IN 1267—LS 6912/DI 92 125
5340	5340	1 SECTION 233. IC 5-1-17.5-35, AS ADDED BY P.L.233-2013,
5341	5341	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5342	5342	3 JULY 1, 2024]: Sec. 35. Each lease under section 32 of this chapter
5343	5343	4 must be authorized by resolution of the board, which shall be entered
5344	5344	5 in the official records of the commission. Such a lease must be
5345	5345	6 executed on behalf of the commission by the chair or the vice-chair
5346	5346	7 vice chair and the secretary-treasurer of the commission, and on behalf
5347	5347	8 of the authority by the chairman chairperson or the vice chairman
5348	5348	9 chairperson of the authority and the public finance director.
5349	5349	10 SECTION 234. IC 5-1.4-2-3 IS AMENDED TO READ AS
5350	5350	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The board shall do
5351	5351	12 the following:
5352	5352	13 (1) Elect from its membership a chairman chairperson and a vice
5353	5353	14 chairman. chairperson.
5354	5354	15 (2) Appoint and fix the duties and compensation of an executive
5355	5355	16 director, who shall serve as both secretary and treasurer. The
5356	5356	17 executive director may be the fiscal officer of the city, in which
5357	5357	18 case the executive director will receive no compensation for
5358	5358	19 services performed as the executive director.
5359	5359	20 (3) Establish and maintain the office of the bank in the city.
5360	5360	21 SECTION 235. IC 5-1.4-5-4 IS AMENDED TO READ AS
5361	5361	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) In order to assure
5362	5362	23 the maintenance of the required debt service reserve in any reserve
5363	5363	24 fund, the legislative body of the city may annually appropriate to the
5364	5364	25 bank for deposit in one (1) or more of the funds the sum, certified by
5365	5365	26 the chairman chairperson of the board to the legislative body, that is
5366	5366	27 necessary to restore one (1) or more of the funds to an amount equal to
5367	5367	28 the required debt service reserve. The chairman chairperson annually,
5368	5368	29 before December 1, shall make and deliver to the legislative body a
5369	5369	30 certificate stating the sum required to restore the funds to that amount.
5370	5370	31 Nothing in this subsection creates a debt or liability of the city to make
5371	5371	32 any appropriation.
5372	5372	33 (b) All amounts received on account of money appropriated by the
5373	5373	34 legislative body of the city to any reserve fund shall be held and
5374	5374	35 applied in accordance with section 1(b) of this chapter. However, at the
5375	5375	36 end of each fiscal year, if the amount in any reserve fund exceeds the
5376	5376	37 required debt service reserve, any amount representing earnings or
5377	5377	38 income received on account of any money appropriated to the reserve
5378	5378	39 fund that exceeds the expenses of the bank for that fiscal year may be
5379	5379	40 transferred to the general fund of the city.
5380	5380	41 SECTION 236. IC 5-1.4-7-3 IS AMENDED TO READ AS
5381	5381	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A trustee
5382	5382	2024 IN 1267—LS 6912/DI 92 126
5383	5383	1 appointed under section 2 of this chapter shall, in the trustee's name,
5384	5384	2 upon written request of the holders of twenty-five percent (25%) in
5385	5385	3 principal amount of the outstanding notes or bonds:
5386	5386	4 (1) by civil action enforce all rights of the holders, including the
5387	5387	5 right to require the bank to:
5388	5388	6 (A) collect rates, charges, and other fees and to collect interest
5389	5389	7 and principal payments on securities held by it adequate to
5390	5390	8 carry out an agreement as to, or pledge of, the rates, charges,
5391	5391	9 and other fees and of the interest and principal payments; and
5392	5392	10 (B) carry out any other agreements with the holders of the
5393	5393	11 notes or bonds and to perform its duties under this article;
5394	5394	12 (2) bring a civil action upon the notes or bonds;
5395	5395	13 (3) by civil action require the bank to account as if it were the
5396	5396	14 trustee of an express trust for the holders of the notes or bonds;
5397	5397	15 (4) by civil action enjoin anything that may be unlawful or in
5398	5398	16 violation of the rights of the holders of the notes or bonds; and
5399	5399	17 (5) declare all the notes or bonds due and payable, and if all
5400	5400	18 defaults are made good, then with the consent of the holders of
5401	5401	19 twenty-five percent (25%) of the principal amount of the
5402	5402	20 outstanding notes or bonds, annul the declaration and its
5403	5403	21 consequences.
5404	5404	22 (b) The trustee also has all the powers necessary for the exercise of
5405	5405	23 functions specifically set out or incident to the general representation
5406	5406	24 of holders in the enforcement and protection of their rights.
5407	5407	25 (c) The venue of any suit, action, or proceeding brought by the
5408	5408	26 trustee on behalf of the holders shall be laid in the county in which the
5409	5409	27 bank is located.
5410	5410	28 (d) Before declaring the principal of notes or bonds due and
5411	5411	29 payable, the trustee must first give not less than thirty (30) days notice
5412	5412	30 in writing to the chairman chairperson of the board and the board's
5413	5413	31 attorney.
5414	5414	32 SECTION 237. IC 5-1.4-9-5 IS AMENDED TO READ AS
5415	5415	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The chairman
5416	5416	34 chairperson of the board of the bank is authorized to receive from the
5417	5417	35 United States or any department or agency thereof any amount of
5418	5418	36 money as and when appropriated, allocated, granted, turned over, or in
5419	5419	37 any way provided for the purposes of the bank or this article. Those
5420	5420	38 amounts shall, unless otherwise directed by the federal authority, be
5421	5421	39 credited to and deposited in the general fund and be available to the
5422	5422	40 bank.
5423	5423	41 SECTION 238. IC 5-1.5-2-2, AS AMENDED BY P.L.259-2019,
5424	5424	42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5425	5425	2024 IN 1267—LS 6912/DI 92 127
5426	5426	1 JULY 1, 2024]: Sec. 2. (a) There is established a board of directors to
5427	5427	2 govern the bank. The powers of the bank are vested in this board.
5428	5428	3 (b) The board is composed of:
5429	5429	4 (1) the treasurer of state, who shall be the chairman chairperson
5430	5430	5 ex officio, or the treasurer of state's designee;
5431	5431	6 (2) the public finance director appointed under IC 5-1.2-3-6, who
5432	5432	7 shall be the director ex officio, or the public finance director's
5433	5433	8 designee; and
5434	5434	9 (3) five (5) directors appointed by the governor.
5435	5435	10 (c) Each of the five (5) directors appointed by the governor:
5436	5436	11 (1) must be a resident of Indiana;
5437	5437	12 (2) must have substantial expertise in the buying, selling, and
5438	5438	13 trading of municipal securities, in municipal administration or in
5439	5439	14 public facilities management;
5440	5440	15 (3) serves for a term of three (3) years and until the director's
5441	5441	16 successor is appointed and qualified;
5442	5442	17 (4) is eligible for reappointment;
5443	5443	18 (5) is entitled to receive the same minimum salary per diem as is
5444	5444	19 provided in IC 4-10-11-2.1(b) while performing the director's
5445	5445	20 duties. Such a director is also entitled to the same reimbursement
5446	5446	21 for traveling expenses and other expenses, actually incurred in
5447	5447	22 connection with the director's duties as is provided in the state
5448	5448	23 travel policies and procedures, established by the department of
5449	5449	24 administration and approved by the budget agency; and
5450	5450	25 (6) may be removed by the governor for cause.
5451	5451	26 (d) Any vacancy on the board, other than by expiration of term, shall
5452	5452	27 be filled by appointment of the governor for the unexpired term only.
5453	5453	28 SECTION 239. IC 5-1.5-2-3 IS AMENDED TO READ AS
5454	5454	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The board shall:
5455	5455	30 (1) elect one (1) of its members vice chairman; chairperson;
5456	5456	31 (2) appoint and fix the duties and compensation of an executive
5457	5457	32 director, who shall serve as both secretary and treasurer; and
5458	5458	33 (3) establish and maintain the office of the bank in Indianapolis.
5459	5459	34 SECTION 240. IC 5-1.5-5-4, AS AMENDED BY P.L.259-2019,
5460	5460	35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5461	5461	36 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (c), and in
5462	5462	37 order to assure the maintenance of the required debt service reserve in
5463	5463	38 any reserve fund, a resolution authorizing the bank to issue bonds or
5464	5464	39 notes may include a provision stating that:
5465	5465	40 (1) the general assembly may annually appropriate to the bank for
5466	5466	41 deposit in one (1) or more of the funds the sum, certified by the
5467	5467	42 chairman chairperson of the board to the general assembly, that
5468	5468	2024 IN 1267—LS 6912/DI 92 128
5469	5469	1 is necessary to restore one (1) or more of the funds to an amount
5470	5470	2 equal to the required debt service reserve; and
5471	5471	3 (2) the chairman chairperson annually, before December 1, shall
5472	5472	4 make and deliver to the general assembly a certificate stating the
5473	5473	5 sum required to restore the funds to that amount.
5474	5474	6 Nothing in this subsection creates a debt or liability of the state to make
5475	5475	7 any appropriation.
5476	5476	8 (b) All amounts received on account of money appropriated by the
5477	5477	9 state to any reserve fund shall be held and applied in accordance with
5478	5478	10 section 1(b) of this chapter. However, at the end of each fiscal year, if
5479	5479	11 the amount in any reserve fund exceeds the required debt service
5480	5480	12 reserve, any amount representing earnings or income received on
5481	5481	13 account of any money appropriated to the reserve fund that exceeds the
5482	5482	14 expenses of the bank for that fiscal year may be transferred to the
5483	5483	15 general fund of the state.
5484	5484	16 (c) Notwithstanding any other law, and except as provided by
5485	5485	17 subsection (d), after June 30, 2005, the:
5486	5486	18 (1) issuance by the bank of any indebtedness that incorporates the
5487	5487	19 provisions set forth in subsection (a) or otherwise establishes a
5488	5488	20 procedure for the bank or a person acting on behalf of the bank to
5489	5489	21 certify to the general assembly the amount needed to restore a
5490	5490	22 reserve fund or another fund to required levels; or
5491	5491	23 (2) execution by the bank of any other agreement that creates a
5492	5492	24 reserve fund subject to subsection (a) to pay all or part of any
5493	5493	25 indebtedness issued by the bank;
5494	5494	26 is subject to the conditions set forth in subsection (e) and review by the
5495	5495	27 budget committee and approval by the budget director as required by
5496	5496	28 subsection (f).
5497	5497	29 (d) If the budget committee does not conduct a review of a proposed
5498	5498	30 transaction under subsection (c) within twenty-one (21) days after a
5499	5499	31 request by the bank, the review is considered to have been conducted.
5500	5500	32 If the budget director does not approve or disapprove a proposed
5501	5501	33 transaction under subsection (c) within twenty-one (21) days after a
5502	5502	34 request by the bank, the transaction is considered to have been
5503	5503	35 approved.
5504	5504	36 (e) Issuance by the bank of any indebtedness that establishes a
5505	5505	37 reserve fund under subsection (a), the establishment of a procedure for
5506	5506	38 certification, or the execution by the bank of any other agreement that
5507	5507	39 creates a reserve fund subject to subsection (a) may be extended only
5508	5508	40 for a project or a purpose that:
5509	5509	41 (1) can be financed by a qualified entity under the law applying
5510	5510	42 to financing by the qualified entity; or
5511	5511	2024 IN 1267—LS 6912/DI 92 129
5512	5512	1 (2) is specifically authorized by the general assembly.
5513	5513	2 A reserve fund established under subsection (a) may be used only to
5514	5514	3 finance the purchase of securities (as defined in IC 5-1.5-1-10) issued
5515	5515	4 by entities described in IC 5-1.5-1-8.
5516	5516	5 (f) The budget director may approve establishing a reserve fund
5517	5517	6 under subsection (a) only if the following conditions are satisfied:
5518	5518	7 (1) The project or purpose qualifies under subsection (e).
5519	5519	8 (2) The documentation required by subsection (g) has been
5520	5520	9 provided by the bank.
5521	5521	10 (3) The bank has provided the budget agency with a written
5522	5522	11 finding that revenues available to the qualified entity to pay
5523	5523	12 annual debt service exceed the annual debt service requirements
5524	5524	13 by at least twenty percent (20%).
5525	5525	14 (4) If the financing is for a project or purpose that will produce
5526	5526	15 ongoing revenue from fees or user charges, the qualified entity
5527	5527	16 agrees to include a provision in the instrument governing the
5528	5528	17 qualified entity's duties with respect to the security (as defined in
5529	5529	18 IC 5-1.5-1-10) that the qualified entity will first increase the rate
5530	5530	19 of the fees or user charges, or both, by an amount sufficient to
5531	5531	20 satisfy any shortfall in the reserve fund established under
5532	5532	21 subsection (a) before subsection (a) is to be applied.
5533	5533	22 (5) A qualified entity seeking the benefit of a reserve fund
5534	5534	23 established under subsection (a) agrees to include a provision in
5535	5535	24 the instrument governing the qualified entity's duties with respect
5536	5536	25 to the security (as defined in IC 5-1.5-1-10) that the qualified
5537	5537	26 entity will pledge sufficient property taxes, user fees, hook up
5538	5538	27 fees, connection fees, or any other available local revenues or any
5539	5539	28 combination of those revenues that will be sufficient to satisfy any
5540	5540	29 shortfall in the reserve fund established under subsection (a)
5541	5541	30 before subsection (a) is to be applied.
5542	5542	31 (6) A qualified entity seeking the benefit of a reserve fund
5543	5543	32 established under subsection (a) agrees to include a provision in
5544	5544	33 the instrument governing the qualified entity's duties with respect
5545	5545	34 to the security (as defined in IC 5-1.5-1-10) requiring that the
5546	5546	35 qualified entity establish and maintain its own separate reserve
5547	5547	36 fund or account under the governing instrument, in an amount to
5548	5548	37 be determined by the budget director, upon the recommendation
5549	5549	38 of the bank, in order to provide an additional margin of security
5550	5550	39 for the security before subsection (a) is to be applied.
5551	5551	40 (g) Notwithstanding any other law, if any amounts are appropriated
5552	5552	41 by the general assembly and transferred to the bank for deposit in a
5553	5553	42 reserve fund under subsection (a) as a result of a default by a qualified
5554	5554	2024 IN 1267—LS 6912/DI 92 130
5555	5555	1 entity on its security, to the extent that any department or agency of the
5556	5556	2 state, including the treasurer of state, is the custodian of money payable
5557	5557	3 to such qualified entity (other than for goods or services provided by
5558	5558	4 the qualified entity), at any time after written notice to the department
5559	5559	5 or agency head from the bank that the qualified entity is in default on
5560	5560	6 the payment of principal of or interest on the securities of the qualified
5561	5561	7 entity then held or owned by or arising from an agreement with the
5562	5562	8 bank, the applicable department or agency shall recover any amounts
5563	5563	9 appropriated by the general assembly for deposit in a reserve fund
5564	5564	10 under subsection (a) by:
5565	5565	11 (1) making deductions and withholding from any future amounts
5566	5566	12 that would otherwise be available for distribution to the qualified
5567	5567	13 entity under any other law, until an amount equal to the
5568	5568	14 appropriation has been deducted and withheld; and
5569	5569	15 (2) transferring any amounts so deducted and withheld from time
5570	5570	16 to time to the treasurer of state for the purpose of allowing the
5571	5571	17 treasurer of state to reimburse the fund or account of the state
5572	5572	18 from which the appropriation was made.
5573	5573	19 A deduction under this subsection must be made, first, from local
5574	5574	20 income tax distributions under IC 6-3.6-9, and, second, from any other
5575	5575	21 undistributed funds of the qualified entity in the possession of the state.
5576	5576	22 However, the deduction and withholding of payment from a qualified
5577	5577	23 entity and reimbursement to the fund or account of the state from which
5578	5578	24 the appropriation was made under this section must not adversely affect
5579	5579	25 the validity of the security in default.
5580	5580	26 (h) If the bank proposes that a reserve fund be established under
5581	5581	27 subsection (a) for a project or purpose, the bank shall provide to the
5582	5582	28 budget committee and the budget agency at or before the time of the
5583	5583	29 bank's request, the following information in writing:
5584	5584	30 (1) A description of the project or purpose.
5585	5585	31 (2) How the project or purpose satisfies the requirements of
5586	5586	32 subsection (e).
5587	5587	33 (3) The qualified entity's application for financing that was filed
5588	5588	34 with the bank.
5589	5589	35 (4) The estimated relative savings that can be achieved by
5590	5590	36 establishing a reserve fund under subsection (a).
5591	5591	37 (5) The finding required by subsection (f)(3) and proposed
5592	5592	38 language for those instrument provisions required by subsection
5593	5593	39 (f)(4) through (f)(6), if applicable.
5594	5594	40 (6) Any other information required by the budget committee or
5595	5595	41 budget agency.
5596	5596	42 SECTION 241. IC 5-1.5-6.5-4, AS AMENDED BY P.L.235-2005,
5597	5597	2024 IN 1267—LS 6912/DI 92 131
5598	5598	1 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5599	5599	2 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (d),
5600	5600	3 whenever a reserve fund for an issue of bonds or notes issued to
5601	5601	4 purchase securities specified in section 1(b) of this chapter does not
5602	5602	5 contain the required debt service reserve (as defined in
5603	5603	6 IC 5-1.5-5-1(b)), the chairman chairperson of the board shall
5604	5604	7 immediately:
5605	5605	8 (1) transfer to the reserve fund the amount needed to restore the
5606	5606	9 required debt service reserve first from the capital interest fund
5607	5607	10 and, to the extent necessary, from the capital principal fund; and
5608	5608	11 (2) certify the amounts transferred to the general assembly.
5609	5609	12 (b) The general assembly may appropriate to the bank for deposit in
5610	5610	13 the capital principal fund the amount transferred from the fund to
5611	5611	14 restore required debt service reserves. Nothing in this subsection
5612	5612	15 creates a debt or a liability of the state to make any appropriation.
5613	5613	16 (c) Appropriations made to the capital principal fund do not revert
5614	5614	17 to the state general fund at the end of any fiscal year.
5615	5615	18 (d) Notwithstanding any other law, and except as provided by
5616	5616	19 subsection (e), after June 30, 2005, the:
5617	5617	20 (1) issuance by the bank of any indebtedness that incorporates the
5618	5618	21 provisions set forth in subsection (a) or otherwise establishes a
5619	5619	22 procedure for the bank or a person acting on behalf of the bank to
5620	5620	23 certify to the general assembly the amount needed to restore a
5621	5621	24 reserve fund or another fund to required levels; or
5622	5622	25 (2) execution by the bank of any other agreement that creates a
5623	5623	26 moral obligation of the state to pay all or part of any indebtedness
5624	5624	27 issued by the bank;
5625	5625	28 is subject to review by the budget committee and approval by the
5626	5626	29 budget director.
5627	5627	30 (e) If the budget committee does not conduct a review of a proposed
5628	5628	31 transaction under subsection (d) within twenty-one (21) days after a
5629	5629	32 request by the bank, the review is considered to have been conducted.
5630	5630	33 If the budget director does not approve or disapprove a proposed
5631	5631	34 transaction under subsection (d) within twenty-one (21) days after a
5632	5632	35 request by the bank, the transaction is considered to have been
5633	5633	36 approved.
5634	5634	37 SECTION 242. IC 5-1.5-7-3 IS AMENDED TO READ AS
5635	5635	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A trustee
5636	5636	39 appointed under section 2 of this chapter shall, in his the trustee's
5637	5637	40 name, upon written request of the holders of twenty-five percent (25%)
5638	5638	41 in principal amount of the outstanding notes or bonds:
5639	5639	42 (1) by civil action enforce all rights of the holders, including the
5640	5640	2024 IN 1267—LS 6912/DI 92 132
5641	5641	1 right to require the bank to:
5642	5642	2 (A) collect rates, charges, and other fees and to collect interest
5643	5643	3 and principal payments on securities held by it adequate to
5644	5644	4 carry out an agreement as to, or pledge of, the rates, charges,
5645	5645	5 and other fees and of the interest and principal payments; and
5646	5646	6 (B) carry out any other agreements with the holders of the
5647	5647	7 notes or bonds and to perform its duties under this article;
5648	5648	8 (2) bring a civil action upon the notes or bonds;
5649	5649	9 (3) by civil action require the bank to account as if it were the
5650	5650	10 trustee of an express trust for the holders of the notes or bonds;
5651	5651	11 (4) by civil action enjoin anything that may be unlawful or in
5652	5652	12 violation of the rights of the holders of the notes or bonds; and
5653	5653	13 (5) declare all the notes or bonds due and payable, and if all
5654	5654	14 defaults are made good, then with the consent of the holders of
5655	5655	15 twenty-five percent (25%) of the principal amount of the
5656	5656	16 outstanding notes or bonds, annul the declaration and its
5657	5657	17 consequences.
5658	5658	18 (b) The trustee also has all the powers necessary for the exercise of
5659	5659	19 functions specifically set out or incident to the general representation
5660	5660	20 of holders in the enforcement and protection of their rights.
5661	5661	21 (c) The venue of any suit, action, or proceeding brought by the
5662	5662	22 trustee on behalf of the holders shall be laid in Marion County, Indiana.
5663	5663	23 (d) Before declaring the principal of notes or bonds due and
5664	5664	24 payable, the trustee must first give not less than thirty (30) days notice
5665	5665	25 in writing to the chairman chairperson of the board and the attorney
5666	5666	26 general.
5667	5667	27 SECTION 243. IC 5-1.5-9-5 IS AMENDED TO READ AS
5668	5668	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The treasurer of the
5669	5669	29 state, as chairman chairperson of the board of the bank, is authorized
5670	5670	30 to receive from the United States of America or any department or
5671	5671	31 agency thereof any amount of money as and when appropriated,
5672	5672	32 allocated, granted, turned over, or in any way provided for the purposes
5673	5673	33 of the bank or this article, and those amounts shall, unless otherwise
5674	5674	34 directed by the federal authority, be credited to and deposited in the
5675	5675	35 general fund, and be available to the bank.
5676	5676	36 SECTION 244. IC 5-2-2-3 IS AMENDED TO READ AS
5677	5677	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The commission
5678	5678	38 shall meet immediately after its appointment in accordance with
5679	5679	39 section 2 of this chapter. It shall elect a chairman, chairperson, vice
5680	5680	40 chairman, chairperson, and secretary-treasurer and is authorized to
5681	5681	41 employ an executive director who shall be the executive head and shall
5682	5682	42 be responsible to the commission in carrying out the instructions of the
5683	5683	2024 IN 1267—LS 6912/DI 92 133
5684	5684	1 commission as it fulfills the assigned statutory duties. The commission
5685	5685	2 shall be empowered to employ all other necessary assistants, counsel,
5686	5686	3 and consultants to carry out the provisions of this chapter. The
5687	5687	4 commission shall meet at least once each year and shall hold upon the
5688	5688	5 call of the chairman, chairperson, or a majority of the members, such
5689	5689	6 special meetings as are necessary. The presence of four (4) members
5690	5690	7 shall constitute a quorum for doing business. At least four affirmative
5691	5691	8 votes shall be required for the passage of any matter put to vote of the
5692	5692	9 commission.
5693	5693	10 SECTION 245. IC 5-2-2-14, AS AMENDED BY P.L.2-2007,
5694	5694	11 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5695	5695	12 JULY 1, 2024]: Sec. 14. (a) For the purpose of providing funds to carry
5696	5696	13 out the provisions of this chapter with respect to the construction and
5697	5697	14 equipment of a building or buildings for use as a law enforcement
5698	5698	15 academy and acquiring or providing a site therefor, the commission is
5699	5699	16 authorized pursuant to resolution or resolutions to issue and sell
5700	5700	17 interest bearing law enforcement academy revenue debentures in any
5701	5701	18 amount not to exceed three million two hundred thousand dollars
5702	5702	19 ($3,200,000) and bearing such date or dates, and maturing at such time
5703	5703	20 or times not exceeding forty (40) years from their respective dates,
5704	5704	21 bearing interest at such rate or rates payable semiannually, in such
5705	5705	22 form, carrying such registration privileges payable at such place or
5706	5706	23 places, and may be made subject to redemption prior to maturity in
5707	5707	24 such manner, at such time, and upon such terms with or without
5708	5708	25 premium, all as may be provided by the pertinent resolution and
5709	5709	26 expressed on the face of the respective debentures. Such debentures
5710	5710	27 shall be signed by the chairman chairperson of the commission,
5711	5711	28 attested by the secretary, and with the seal of said commission affixed,
5712	5712	29 provided, that the signature of the chairman chairperson may be a
5713	5713	30 facsimile thereof imprinted thereon. Interest on said debentures when
5714	5714	31 issued shall be evidenced by attached interest coupons bearing the
5715	5715	32 facsimile of the signatures of said chairman chairperson and secretary.
5716	5716	33 Such debentures and the interest coupons thereto attached when issued
5717	5717	34 shall have all the qualities of negotiable instruments under the law
5718	5718	35 merchant and shall be incontestable in the hands of a bona fide
5719	5719	36 purchaser or holder thereof for value, and such debentures and interest
5720	5720	37 thereon shall be exempt from all taxation except the financial
5721	5721	38 institutions tax and estate, inheritance, or gift taxes imposed by law.
5722	5722	39 Such debentures shall be sold at public sale in accordance with the
5723	5723	40 provisions of IC 21-32-3. In determining the amount of such
5724	5724	41 debentures to be issued and sold there may be included the cost of
5725	5725	42 construction, the cost of all land and clearings thereof and
5726	5726	2024 IN 1267—LS 6912/DI 92 134
5727	5727	1 improvements thereto, including walks, drives, and other
5728	5728	2 appurtenances, material and labor which are deemed necessary, cost of
5729	5729	3 equipment, financing charges, interest accruing on the debentures prior
5730	5730	4 to and during the construction period, and all other expenses, including
5731	5731	5 legal fees, engineers' and architects' fees, and all other expenses
5732	5732	6 necessary or incident to the construction and equipment of the building
5733	5733	7 or buildings and the acquisition and providing a site therefor. The
5734	5734	8 proceeds of such debentures are hereby appropriated for the purpose
5735	5735	9 for which the debentures may be issued under this chapter and such
5736	5736	10 proceeds shall be deposited and disbursed in accordance with such
5737	5737	11 provisions and restrictions as the commission may provide in the
5738	5738	12 resolution authorizing the issuance thereof. Any debentures issued
5739	5739	13 under the provisions of this chapter may be thereafter refinanced
5740	5740	14 through the issuance of refunding debentures subject to such
5741	5741	15 restrictions or conditions as may be provided in the resolution
5742	5742	16 authorizing the issuance of such debentures in the first instance and in
5743	5743	17 the issuance of such refunding debentures, the maturities and other
5744	5744	18 details thereof, the rights of the holders thereof, and the rights, duties,
5745	5745	19 and obligations of the commission in all respects thereto shall be
5746	5746	20 governed by the provisions of this chapter insofar as the same may be
5747	5747	21 applicable.
5748	5748	22 (b) The debentures issued under the provisions of this chapter shall
5749	5749	23 constitute only the corporate obligations of said commission payable
5750	5750	24 solely and only from and secured exclusively by pledge of the income
5751	5751	25 and revenue of such building or buildings remaining after payment or
5752	5752	26 provisions for payment of the expenses of operation, maintenance, and
5753	5753	27 repair of said building or buildings to the extent such expenses of
5754	5754	28 operation, maintenance, and repair are not otherwise provided, and it
5755	5755	29 shall be plainly stated on the face of each such debenture that same
5756	5756	30 does not constitute an indebtedness of the state of Indiana within the
5757	5757	31 meaning or application of any constitutional provision or limitation but
5758	5758	32 that it is payable solely and only as to both principal and interest from
5759	5759	33 the net revenues of such building or buildings. The provisions of this
5760	5760	34 chapter and the covenants and undertakings of the commission as
5761	5761	35 expressed in any proceedings preliminary to or in connection with the
5762	5762	36 issuance of the debentures may be enforced by any debenture holder by
5763	5763	37 suit for injunction or mandamus against the commission or any officer,
5764	5764	38 agent, or employee thereof, but in no event can any suit for monetary
5765	5765	39 judgement be brought against the state of Indiana for any violations
5766	5766	40 under the provisions of this chapter.
5767	5767	41 SECTION 246. IC 5-2-6-4, AS AMENDED BY P.L.161-2018,
5768	5768	42 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5769	5769	2024 IN 1267—LS 6912/DI 92 135
5770	5770	1 JULY 1, 2024]: Sec. 4. (a) The board of trustees is composed of:
5771	5771	2 (1) the governor, or the governor's designee, who shall act as
5772	5772	3 chairman; chairperson;
5773	5773	4 (2) the attorney general, or the attorney general's designee;
5774	5774	5 (3) the superintendent of state police, or the superintendent's
5775	5775	6 designee;
5776	5776	7 (4) the commissioner of the department of correction, or the
5777	5777	8 commissioner's designee;
5778	5778	9 (5) the executive director of the prosecuting attorneys council;
5779	5779	10 (6) the chief administrative officer of the office of judicial
5780	5780	11 administration;
5781	5781	12 (7) the executive director of the public defenders council;
5782	5782	13 (8) the state public defender;
5783	5783	14 (9) eight (8) persons who are appointed by and who serve at the
5784	5784	15 pleasure of the governor, including:
5785	5785	16 (A) one (1) sheriff;
5786	5786	17 (B) one (1) chief of police;
5787	5787	18 (C) one (1) judge of a court with both juvenile jurisdiction and
5788	5788	19 general criminal jurisdiction; and
5789	5789	20 (D) five (5) citizens who have manifested an interest in
5790	5790	21 criminal or juvenile justice, one (1) of whom shall be a
5791	5791	22 member of the state advisory group under the Juvenile Justice
5792	5792	23 Act.
5793	5793	24 (b) The president pro tempore of the senate, or a senator appointed
5794	5794	25 by the president pro tempore, and the speaker of the house of
5795	5795	26 representatives, or a representative appointed by the speaker, may serve
5796	5796	27 as nonvoting advisors to the trustees.
5797	5797	28 (c) Trustees appointed by the governor serve an initial three (3) year
5798	5798	29 term and may be reappointed for additional terms. The additional terms
5799	5799	30 may be four (4) years in length.
5800	5800	31 (d) Membership on the board of trustees does not constitute holding
5801	5801	32 a public office.
5802	5802	33 SECTION 247. IC 5-2-6-5, AS AMENDED BY P.L.100-2012,
5803	5803	34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5804	5804	35 JULY 1, 2024]: Sec. 5. (a) The institute is composed of:
5805	5805	36 (1) the trustees; and
5806	5806	37 (2) a research and information consortium.
5807	5807	38 (b) The trustees shall:
5808	5808	39 (1) evaluate and disseminate to the public information concerning
5809	5809	40 the cost and effectiveness of the criminal and juvenile justice
5810	5810	41 systems;
5811	5811	42 (2) promote coordination and cooperation for the effective
5812	5812	2024 IN 1267—LS 6912/DI 92 136
5813	5813	1 administration of the criminal and juvenile justice systems;
5814	5814	2 (3) establish plans for the criminal and juvenile justice systems
5815	5815	3 and make recommendations concerning the implementation of
5816	5816	4 these plans;
5817	5817	5 (4) encourage and assist in the organization of an academic
5818	5818	6 consortium for the purpose of engaging in research;
5819	5819	7 (5) receive, expend, and account for state funds made available
5820	5820	8 for the purposes of this chapter;
5821	5821	9 (6) apply for and accept gifts and grants (which must be
5822	5822	10 administered as public funds) made for the purposes of this
5823	5823	11 chapter;
5824	5824	12 (7) enter into lawful agreements as required as a condition for
5825	5825	13 receiving gifts, grants, or other funds for the purposes of this
5826	5826	14 chapter;
5827	5827	15 (8) employ a director;
5828	5828	16 (9) adopt rules, under IC 4-22-2, necessary to carry out the
5829	5829	17 purposes of this chapter; and
5830	5830	18 (10) promulgate guidelines concerning participation in the
5831	5831	19 research and information consortium.
5832	5832	20 (c) The research and information consortium is composed of state
5833	5833	21 educational institutions that are engaged in criminal or juvenile justice
5834	5834	22 research under the direction of the trustees. A state or local
5835	5835	23 governmental entity may participate in the consortium. The consortium
5836	5836	24 shall act as an advisory body to the institute and perform other related
5837	5837	25 functions as requested by the trustees.
5838	5838	26 (d) The trustees shall meet quarterly and at such times as called by
5839	5839	27 the chairman. chairperson. A majority of the trustees constitutes a
5840	5840	28 quorum for doing business. A majority vote of the trustees is required
5841	5841	29 for passage of any matter put to a vote. The trustees shall establish
5842	5842	30 procedures and requirements with respect to the place and conduct of
5843	5843	31 their meetings.
5844	5844	32 (e) A trustee is not entitled to the minimum salary per diem as
5845	5845	33 provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A
5846	5846	34 trustee is entitled to reimbursement for traveling expenses and other
5847	5847	35 expenses actually incurred in connection with the trustee's duties, as
5848	5848	36 provided in the state travel policies and procedures established by the
5849	5849	37 department of administration and approved by the state budget agency.
5850	5850	38 SECTION 248. IC 5-2-6-8 IS AMENDED TO READ AS
5851	5851	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The institute has
5852	5852	40 the following four (4) divisions:
5853	5853	41 (1) The criminal justice division.
5854	5854	42 (2) The juvenile justice division.
5855	5855	2024 IN 1267—LS 6912/DI 92 137
5856	5856	1 (3) The research division, which may be referred to as the center
5857	5857	2 for criminal justice research and information.
5858	5858	3 (4) The victim services division.
5859	5859	4 (b) The chairman chairperson of the trustees shall assign each of
5860	5860	5 the trustees to participate in the administration of at least one (1) of the
5861	5861	6 divisions. The chairman chairperson shall annually appoint four (4)
5862	5862	7 vice chairmen, chairpersons, each of whom shall preside over a
5863	5863	8 division of the institute.
5864	5864	9 (c) Each division shall primarily concern itself with:
5865	5865	10 (1) the operation of the criminal justice system, the juvenile
5866	5866	11 justice system, or criminal justice system related research; or
5867	5867	12 (2) the provision of victim services.
5868	5868	13 However, the trustees must approve any official action of the institute
5869	5869	14 unless the trustees authorize a division to act with respect to specific
5870	5870	15 decisions.
5871	5871	16 SECTION 249. IC 5-8-5-4, AS AMENDED BY P.L.119-2005,
5872	5872	17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5873	5873	18 JULY 1, 2024]: Sec. 4. (a) If the town council is reasonably satisfied
5874	5874	19 that any circumstance has occurred under IC 36-5-2-6.5(3), the council
5875	5875	20 may, by an affirmative vote of a majority of the members appointed to
5876	5876	21 the body, vote to declare a vacancy in the town council membership.
5877	5877	22 The member who is alleged to have vacated the member's seat may
5878	5878	23 participate in the meeting as a member, but may not vote on the issue.
5879	5879	24 (b) If the member who is the subject of the petition or motion does
5880	5880	25 not attend the meeting at which the town council makes the
5881	5881	26 determination that a vacancy exists, the town council shall mail notice
5882	5882	27 of its determination to the member.
5883	5883	28 (c) If the town council determines that a vacancy exists, the town
5884	5884	29 clerk-treasurer shall give the circuit court clerk notice of the
5885	5885	30 determination not later than five (5) days after the date of the town
5886	5886	31 council's determination. The circuit court clerk shall give notice to the
5887	5887	32 county chairman chairperson if a caucus is required under IC 3-13-11
5888	5888	33 to fill the vacancy.
5889	5889	34 SECTION 250. IC 5-8-6-5, AS ADDED BY P.L.119-2005,
5890	5890	35 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5891	5891	36 JULY 1, 2024]: Sec. 5. (a) When the secretary of state:
5892	5892	37 (1) obtains information concerning the death of an individual who
5893	5893	38 holds a legislative office (as defined in IC 3-5-2-28); and
5894	5894	39 (2) is reasonably satisfied that the information described in
5895	5895	40 subdivision (1) is true;
5896	5896	41 the secretary of state shall give notice of the death to the state chairman
5897	5897	42 chairperson of the political party that elected or selected the deceased
5898	5898	2024 IN 1267—LS 6912/DI 92 138
5899	5899	1 individual.
5900	5900	2 (b) The secretary of state shall give the notice required by
5901	5901	3 subsection (a) not later than seventy-two (72) hours after the
5902	5902	4 requirements of subsection (a)(1) and (a)(2) are satisfied.
5903	5903	5 SECTION 251. IC 5-10.5-6-6, AS ADDED BY P.L.20-2019,
5904	5904	6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5905	5905	7 JULY 1, 2024]: Sec. 6. If during a state fiscal year beginning after June
5906	5906	8 30, 2018, the system performs a stress test or a risk assessment on any
5907	5907	9 of the public pension and retirement funds of the system, including a
5908	5908	10 sensitivity analysis of funding status, the director, or another suitable
5909	5909	11 person designated by the director, shall before November 1 of the
5910	5910	12 following state fiscal year:
5911	5911	13 (1) submit a report describing the stress tests and risk assessments
5912	5912	14 performed and the results of those tests and risk assessments to
5913	5913	15 the interim study committee on pension management oversight
5914	5914	16 established by IC 2-5-1.3-4 in an electronic format under
5915	5915	17 IC 5-14-6; and
5916	5916	18 (2) upon request from the chairman chairperson of the interim
5917	5917	19 study committee on pension management oversight, present a
5918	5918	20 summary of the information described in subdivision (1) to the
5919	5919	21 interim study committee on pension management oversight.
5920	5920	22 SECTION 252. IC 5-13-12-2, AS AMENDED BY THE
5921	5921	23 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
5922	5922	24 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5923	5923	25 JULY 1, 2024]: Sec. 2. (a) The board for depositories consists of the
5924	5924	26 governor, the treasurer of state, the auditor of state comptroller, the
5925	5925	27 chairperson of the department of financial institutions, the chief
5926	5926	28 examiner of the state board of accounts, and four (4) appointed
5927	5927	29 members. For appointments after June 30, 2010, one (1) member shall
5928	5928	30 be appointed by the speaker of the house of representatives, one (1)
5929	5929	31 member shall be appointed by the president pro tempore of the senate,
5930	5930	32 and two (2) members shall be appointed by the governor. All appointed
5931	5931	33 members must be residents of Indiana. The speaker of the house of
5932	5932	34 representatives shall make the appointment to fill the first vacancy on
5933	5933	35 the board, and the president pro tempore of the senate shall make the
5934	5934	36 appointment to fill the second vacancy on the board that occurs after
5935	5935	37 June 30, 2010. In making the governor's two (2) appointments, the
5936	5936	38 governor shall assure that no more than two (2) of the four (4)
5937	5937	39 appointees identify with the same political party. For appointments
5938	5938	40 after June 30, 2010, all four (4) appointed members must be a chief
5939	5939	41 executive officer or a chief financial officer of a depository at the time
5940	5940	42 of the appointment if the depository is domiciled in Indiana. If the
5941	5941	2024 IN 1267—LS 6912/DI 92 139
5942	5942	1 depository is not domiciled in Indiana, the appointee must be the most
5943	5943	2 senior corporate officer of the depository with management or
5944	5944	3 operational responsibility, or both, or the person designated to manage
5945	5945	4 public funds for the depository that is located in Indiana. In making the
5946	5946	5 governor's appointments, the governor shall provide for geographic
5947	5947	6 representation of all regions of Indiana, including both urban and rural
5948	5948	7 communities. In addition, the appointees must, at the time of the
5949	5949	8 appointment, be employed by the following depositories:
5950	5950	9 (1) One (1) member appointed by the governor who must be the
5951	5951	10 chief executive officer or the chief financial officer of a
5952	5952	11 depository that is a state chartered credit union.
5953	5953	12 (2) One (1) member appointed by the governor who must be
5954	5954	13 employed by a depository that:
5955	5955	14 (A) is not a state chartered credit union; and
5956	5956	15 (B) has total deposits of less than two hundred fifty million
5957	5957	16 dollars ($250,000,000).
5958	5958	17 (3) The member appointed by the president pro tempore of the
5959	5959	18 senate must be employed by a depository that:
5960	5960	19 (A) is not a state chartered credit union; and
5961	5961	20 (B) has total deposits of at least two hundred fifty million
5962	5962	21 dollars ($250,000,000) but less than one billion dollars
5963	5963	22 ($1,000,000,000).
5964	5964	23 (4) The member appointed by the speaker of the house of
5965	5965	24 representatives must be employed by a depository that:
5966	5966	25 (A) is not a state chartered credit union; and
5967	5967	26 (B) has total deposits of at least one billion dollars
5968	5968	27 ($1,000,000,000).
5969	5969	28 Total deposits shall be determined using the depository's reported
5970	5970	29 deposits based on the information contained in the most recent June
5971	5971	30 30th FDIC Summary of Deposits, Market Share Selection for Indiana.
5972	5972	31 The term of an appointed member is four (4) years from the effective
5973	5973	32 date of the member's appointment. Each appointed member holds
5974	5974	33 office for the term of this appointment and serves after the expiration
5975	5975	34 of that appointment until the member's successor is appointed and
5976	5976	35 qualified. An appointed member may be reappointed if the individual
5977	5977	36 satisfies the requirements of this subsection at the time of the
5978	5978	37 reappointment. Any appointed member may be removed from office
5979	5979	38 by, and at the pleasure of, the appointing authority.
5980	5980	39 (b) The officers of the board consist of a chairman, chairperson, a
5981	5981	40 secretary-investment manager, a vice chairman, chairperson, and other
5982	5982	41 officers the board determines to be necessary. The governor shall name
5983	5983	42 a member of the board to serve as its chairman. chairperson. The
5984	5984	2024 IN 1267—LS 6912/DI 92 140
5985	5985	1 treasurer of state shall serve as the secretary-investment manager of the
5986	5986	2 board. The board, by majority vote, shall elect the other officers.
5987	5987	3 Officers, except the secretary-investment manager, shall be named or
5988	5988	4 elected for one (1) year terms in January of each year. The members
5989	5989	5 and officers of the board are not entitled to any compensation for their
5990	5990	6 services but are entitled to reimbursement for actual and necessary
5991	5991	7 expenses on the same basis as state employees.
5992	5992	8 (c) Five (5) members of the board constitute a quorum for the
5993	5993	9 transaction of business, and all actions of the board must be approved
5994	5994	10 by at least a simple majority of those members voting on each
5995	5995	11 individual business issue. The board may adopt, amend, or repeal
5996	5996	12 bylaws and rules for the conduct of its meetings and the number and
5997	5997	13 times of its meetings. The board shall hold a regular meeting at least
5998	5998	14 once semiannually and may hold other regular and special meetings as
5999	5999	15 prescribed in its rules. All meetings of the board are open to the public
6000	6000	16 under IC 5-14-1.5. However, the board shall discuss the following in
6001	6001	17 executive session:
6002	6002	18 (1) The financial strength of a particular financial institution.
6003	6003	19 (2) The collateral requirements of a particular financial
6004	6004	20 institution.
6005	6005	21 (3) Any other matters concerning a particular financial institution.
6006	6006	22 All records of the board are subject to public inspection under
6007	6007	23 IC 5-14-3. However, records regarding matters that are discussed in
6008	6008	24 executive session are confidential.
6009	6009	25 (d) Two (2) days notice of the time and place of all meetings to
6010	6010	26 determine and fix the assessment rate to be paid by depositories on
6011	6011	27 account of insurance on public funds or the establishment or
6012	6012	28 redetermination of the reserve for losses of the insurance fund shall be
6013	6013	29 given by one (1) publication in a newspaper of general circulation
6014	6014	30 printed and published in the city of Indianapolis. The time, place,
6015	6015	31 notice, and waiver requirements for the members of the board for all
6016	6016	32 meetings shall be determined by its rules. The secretary-investment
6017	6017	33 manager of the board shall enter the board's proceedings at length in a
6018	6018	34 record provided for that purpose, and the records of the proceedings
6019	6019	35 shall be approved and signed respectively by the chairman
6020	6020	36 chairperson or vice chairman chairperson and attested by the
6021	6021	37 secretary-investment manager.
6022	6022	38 SECTION 253. IC 5-13-12-3, AS AMENDED BY P.L.189-2018,
6023	6023	39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6024	6024	40 JULY 1, 2024]: Sec. 3. (a) The board for depositories exercises
6025	6025	41 essential public functions, and has a perpetual existence. The board has
6026	6026	42 all powers necessary, convenient, or appropriate to carry out and
6027	6027	2024 IN 1267—LS 6912/DI 92 141
6028	6028	1 effectuate its public and corporate purposes, including but not limited
6029	6029	2 to the powers to do the following:
6030	6030	3 (1) Adopt, amend, and repeal bylaws and rules consistent with
6031	6031	4 this chapter to regulate its affairs and to effect the powers and
6032	6032	5 purposes of the board, all without the necessity of adopting a rule
6033	6033	6 under IC 4-22-2.
6034	6034	7 (2) Adopt its budget on a calendar year or fiscal year as it shall
6035	6035	8 determine.
6036	6036	9 (3) Sue and be sued in its own name.
6037	6037	10 (4) Have an official seal and alter it at will.
6038	6038	11 (5) Maintain an office or offices at a place or places within
6039	6039	12 Indiana as it may designate.
6040	6040	13 (6) Make and execute contracts and all other instruments with
6041	6041	14 either public or private entities.
6042	6042	15 (7) Communicate with the employees of the Indiana finance
6043	6043	16 authority to the extent reasonably desirable in working on a
6044	6044	17 guarantee of an economic development obligation or credit
6045	6045	18 enhancement obligation.
6046	6046	19 (8) Deposit all uninvested funds of the public deposit insurance
6047	6047	20 fund in a separate account or accounts in financial institutions that
6048	6048	21 are designated as depositories to receive state funds under
6049	6049	22 IC 5-13-9.5. The money in these accounts shall be paid out on
6050	6050	23 checks signed by the chairman chairperson or other officers or
6051	6051	24 employees of the board as it shall authorize.
6052	6052	25 (9) Take any other act necessary or convenient for the
6053	6053	26 performance of its duties and the exercise of its powers and
6054	6054	27 functions under this chapter.
6055	6055	28 (b) In enforcing any obligation of the borrower or any other person
6056	6056	29 under the documents evidencing a guarantee, the board may renegotiate
6057	6057	30 the guarantee, modify the rate of interest, term of the industrial
6058	6058	31 development obligation or credit enhancement obligation, payment of
6059	6059	32 any installment of principal or interest, or any other term of any
6060	6060	33 documents, settle any obligation on the security or receipt of property
6061	6061	34 or the other terms as in its discretion it deems advantageous to the
6062	6062	35 public deposit insurance fund, and take any other action necessary or
6063	6063	36 convenient to such enforcement.
6064	6064	37 (c) The records of the board for depositories relating to negotiations
6065	6065	38 between it and prospects for economic development obligation or credit
6066	6066	39 enhancement obligation guarantees are excepted from the provisions
6067	6067	40 of IC 5-14-3-3.
6068	6068	41 SECTION 254. IC 5-15-5.1-18, AS AMENDED BY P.L.42-2018,
6069	6069	42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6070	6070	2024 IN 1267—LS 6912/DI 92 142
6071	6071	1 JULY 1, 2024]: Sec. 18. (a) The oversight committee on public records
6072	6072	2 consists ex officio of:
6073	6073	3 (1) the governor or the governor's designee;
6074	6074	4 (2) the secretary of state or the secretary's designee;
6075	6075	5 (3) the state examiner of the state board of accounts or the state
6076	6076	6 examiner's designee;
6077	6077	7 (4) the director of the state library;
6078	6078	8 (5) the director of the Indiana archives and records
6079	6079	9 administration;
6080	6080	10 (6) the commissioner of the department of administration or the
6081	6081	11 commissioner's designee;
6082	6082	12 (7) the public access counselor;
6083	6083	13 (8) the chief information officer of the office of technology
6084	6084	14 appointed under IC 4-13.1-2-3 or the chief information officer's
6085	6085	15 designee; and
6086	6086	16 (9) a clerk of the circuit court or a county recorder who serves on
6087	6087	17 a county commission of public records under IC 5-15-6,
6088	6088	18 appointed by the governor.
6089	6089	19 (b) The oversight committee also consists of two (2) lay members
6090	6090	20 appointed by the governor for a term of four (4) years. One (1) lay
6091	6091	21 member shall be a professional journalist or be a member of an
6092	6092	22 association related to journalism.
6093	6093	23 (c) The oversight committee shall elect one (1) of its members to be
6094	6094	24 chairman. chairperson. The director of the Indiana archives and
6095	6095	25 records administration shall be the secretary of the committee. The ex
6096	6096	26 officio members of the oversight committee shall serve without
6097	6097	27 compensation and shall receive no reimbursement for any expense
6098	6098	28 which they may incur. Each lay member is entitled to reimbursement
6099	6099	29 for traveling and other expenses as provided in the state travel policies
6100	6100	30 and procedures, established by the department of administration and
6101	6101	31 approved by the budget agency and each lay member is entitled to the
6102	6102	32 minimum salary per diem as provided in IC 4-10-11-2.1(b).
6103	6103	33 SECTION 255. IC 5-15-6-1, AS AMENDED BY P.L.171-2015,
6104	6104	34 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6105	6105	35 JULY 1, 2024]: Sec. 1. (a) A commission is hereby created in each
6106	6106	36 county of the state which shall be known as the county commission of
6107	6107	37 public records of ________________ county.
6108	6108	38 (b) The county commission shall consist, ex officio, of:
6109	6109	39 (1) the judge of the circuit court or the judge's designee;
6110	6110	40 (2) the president of the board of county commissioners or the
6111	6111	41 president's designee;
6112	6112	42 (3) the county auditor or the auditor's designee;
6113	6113	2024 IN 1267—LS 6912/DI 92 143
6114	6114	1 (4) the clerk of the circuit court or the clerk's designee;
6115	6115	2 (5) the county recorder or the recorder's designee;
6116	6116	3 (6) the superintendent of schools of the school district in which
6117	6117	4 the county seat is located or the superintendent's designee; and
6118	6118	5 (7) either:
6119	6119	6 (A) the city controller of the county seat city or the city
6120	6120	7 controller's designee; or
6121	6121	8 (B) if there is no city controller as described in clause (A),
6122	6122	9 then the clerk-treasurer of the county seat city or town.
6123	6123	10 (c) The commission shall elect one (1) of its members to be
6124	6124	11 chairman. chairperson. The clerk of the circuit court or the county
6125	6125	12 recorder must be secretary of the commission. The person who serves
6126	6126	13 as secretary shall be determined as follows:
6127	6127	14 (1) By mutual agreement of the clerk of the circuit court and the
6128	6128	15 county recorder.
6129	6129	16 (2) If a mutual agreement cannot be reached under subdivision
6130	6130	17 (1), by an affirmative vote of a majority of members of the county
6131	6131	18 commission.
6132	6132	19 The commission shall provide to the administration the names and
6133	6133	20 contact information for the chairman chairperson and secretary not
6134	6134	21 later than thirty (30) days after the date of the determination. The
6135	6135	22 members of the county commission shall serve without compensation
6136	6136	23 and shall receive no disbursement for any expense.
6137	6137	24 (d) The county commission shall meet at least one (1) time in each
6138	6138	25 calendar year.
6139	6139	26 SECTION 256. IC 5-20-1-3, AS AMENDED BY P.L.20-2010,
6140	6140	27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6141	6141	28 JULY 1, 2024]: Sec. 3. (a) There is created a public body corporate and
6142	6142	29 politic of the state of Indiana to be known as the "Indiana housing and
6143	6143	30 community development authority". The authority shall consist of the
6144	6144	31 following seven (7) members:
6145	6145	32 (1) The lieutenant governor or the lieutenant governor's designee.
6146	6146	33 (2) The treasurer of state, or the treasurer of state's designee.
6147	6147	34 (3) The public finance director of the Indiana finance authority,
6148	6148	35 or the public finance director's designee.
6149	6149	36 (4) Four (4) members appointed by the governor.
6150	6150	37 Not more than three (3) of the members of the authority appointed
6151	6151	38 under subdivision (4) shall be members of the same political party.
6152	6152	39 Members of the authority appointed by the governor shall serve for a
6153	6153	40 term of four (4) years, except that all vacancies shall be filled for the
6154	6154	41 unexpired term. However, any appointed member of the authority shall
6155	6155	42 be removable at the pleasure of the governor, with or without cause. A
6156	6156	2024 IN 1267—LS 6912/DI 92 144
6157	6157	1 member of the authority shall receive no compensation for the
6158	6158	2 member's services but shall be entitled to reimbursement for the
6159	6159	3 necessary expenses, including traveling expenses, incurred in the
6160	6160	4 discharge of the member's duties. Each member shall hold office until
6161	6161	5 the member's successor has been appointed and has qualified. A
6162	6162	6 certificate of appointment or reappointment of any members shall be
6163	6163	7 filed with the authority and this certificate shall be conclusive evidence
6164	6164	8 of the due and proper appointments of the member.
6165	6165	9 (b) The powers of the authority shall be vested in the members
6166	6166	10 thereof in office from time to time. A majority of the members of the
6167	6167	11 authority shall constitute a quorum for the purposes of conducting its
6168	6168	12 business and exercising its powers and for all other purposes,
6169	6169	13 notwithstanding the existence of any vacancies. Action may be taken
6170	6170	14 by the authority upon a vote of a majority of the members present,
6171	6171	15 unless the bylaws of the authority require a larger number. Meetings of
6172	6172	16 the members of the authority may be held anywhere within or outside
6173	6173	17 the state.
6174	6174	18 (c) The governor shall appoint a chairman chairperson and
6175	6175	19 vice-chairman vice chairperson from the members of the authority.
6176	6176	20 The governor shall appoint an executive director for the authority, who
6177	6177	21 shall serve at the pleasure of the governor and receive compensation as
6178	6178	22 fixed by the authority. The authority shall employ legal and technical
6179	6179	23 experts and such other officers, agents and employees, permanent and
6180	6180	24 temporary, as it may require, and shall determine their qualifications,
6181	6181	25 duties, and compensation. The authority may also engage independent
6182	6182	26 legal counsel to assist it. The authority may delegate to one (1) or more
6183	6183	27 of its agents or employees such powers or duties as it may deem proper.
6184	6184	28 (d) The authority may also contract with any entity, including the
6185	6185	29 Indiana finance authority, to provide staff or services, including the
6186	6186	30 functions of the executive director and employees of the authority,
6187	6187	31 under such terms as the authority determines.
6188	6188	32 (e) After May 14, 2005, a reference to the Indiana housing finance
6189	6189	33 authority in a statute, rule, or other document is considered a reference
6190	6190	34 to the authority as the successor agency.
6191	6191	35 SECTION 257. IC 5-20-1-3.5, AS ADDED BY P.L.235-2005,
6192	6192	36 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6193	6193	37 JULY 1, 2024]: Sec. 3.5. Before the issuance of any bonds under this
6194	6194	38 chapter:
6195	6195	39 (1) the executive director of the authority;
6196	6196	40 (2) each member of the authority; and
6197	6197	41 (3) any other employee or agent of the authority authorized by
6198	6198	42 resolution of the authority to handle funds or sign checks;
6199	6199	2024 IN 1267—LS 6912/DI 92 145
6200	6200	1 shall execute a surety bond in the penal sum of fifty thousand dollars
6201	6201	2 ($50,000). If an individual described in subdivisions (1) through (3) is
6202	6202	3 already covered by a bond required by state law, the individual need
6203	6203	4 not obtain another bond if the bond required by state law is in at least
6204	6204	5 the penal sum specified in this section and covers the individual's
6205	6205	6 activities for the authority. In lieu of this bond, the chairman
6206	6206	7 chairperson of the authority may execute a blanket surety bond
6207	6207	8 covering each member, the executive director, and the employees or
6208	6208	9 other officers of the authority. Each surety bond must be conditioned
6209	6209	10 upon the faithful performance of the individual's duties, and shall be
6210	6210	11 issued by a surety company authorized to transact business in Indiana
6211	6211	12 as surety. At all times after the issuance of any surety bonds, these
6212	6212	13 surety bonds shall be maintained in full force and effect. All costs of
6213	6213	14 the surety bonds shall be borne by the authority.
6214	6214	15 SECTION 258. IC 6-2.5-3-1, AS AMENDED BY P.L.146-2020,
6215	6215	16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6216	6216	17 JULY 1, 2024]: Sec. 1. For purposes of this chapter:
6217	6217	18 (a) "Use" means the exercise of any right or power of ownership
6218	6218	19 over tangible personal property.
6219	6219	20 (b) "Storage" means the keeping or retention of tangible personal
6220	6220	21 property in Indiana for any purpose except temporary storage.
6221	6221	22 (c) "Temporary storage" means the keeping or retention of tangible
6222	6222	23 personal property in Indiana for a period of not more than one hundred
6223	6223	24 eighty (180) days and only for the purpose of the subsequent use of that
6224	6224	25 property solely outside Indiana.
6225	6225	26 (d) Notwithstanding any other provision of this section, tangible or
6226	6226	27 intangible property that is:
6227	6227	28 (1) owned or leased by a person that has contracted with a
6228	6228	29 commercial printer for printing; and
6229	6229	30 (2) located at the premises of the commercial printer;
6230	6230	31 shall not be considered to be, or to create, an office, a place of
6231	6231	32 distribution, a sales location, a sample location, a warehouse, a storage
6232	6232	33 place, or other place of business maintained, occupied, or used in any
6233	6233	34 way by the person. A commercial printer with which a person has
6234	6234	35 contracted for printing shall not be considered to be in any way a
6235	6235	36 representative, an agent, a salesman, salesperson, a canvasser, or a
6236	6236	37 solicitor for the person.
6237	6237	38 SECTION 259. IC 6-2.5-8-12 IS AMENDED TO READ AS
6238	6238	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Notwithstanding
6239	6239	40 any other provision of this article, the following do not cause a person
6240	6240	41 that has contracted with a call center operator for a telephone service
6241	6241	42 to have a duty to register as a retail merchant or to collect or remit the
6242	6242	2024 IN 1267—LS 6912/DI 92 146
6243	6243	1 state gross retail or use tax imposed by this article:
6244	6244	2 (1) The ownership or leasing by the person of tangible or
6245	6245	3 intangible property that is:
6246	6246	4 (A) located at the Indiana premises of the call center operator;
6247	6247	5 (B) used to provide or assist directly with the provision of a
6248	6248	6 telephone service as described in subsection (c); and
6249	6249	7 (C) not held for sale, shipment, or distribution in response to
6250	6250	8 orders received as a result of a telephone service provided by
6251	6251	9 the call center operator.
6252	6252	10 (2) The activities of any kind performed by or on behalf of the
6253	6253	11 person at the Indiana premises of the call center operator.
6254	6254	12 (3) The activities of any kind performed by the call center
6255	6255	13 operator in Indiana for or on behalf of the person.
6256	6256	14 (b) Tangible or intangible property that is:
6257	6257	15 (1) owned or leased by a person that has contracted with a call
6258	6258	16 center operator for a telephone service;
6259	6259	17 (2) located at the premises of the call center operator;
6260	6260	18 (3) used to provide or assist directly with the provision of a
6261	6261	19 telephone service as described in subsection (c); and
6262	6262	20 (4) not held for sale, shipment, or distribution in response to
6263	6263	21 orders received as a result of a telephone service provided by the
6264	6264	22 call center operator;
6265	6265	23 shall not be considered to be, or to create, an office, a place of
6266	6266	24 distribution, a sales location, a sample location, a warehouse, a storage
6267	6267	25 place, or other place of business maintained, occupied, or used in any
6268	6268	26 way by the person. For purposes of this section, a call center operator
6269	6269	27 with which a person has contracted for a telephone service shall not be
6270	6270	28 considered to be in any way a representative, an agent, a salesman,
6271	6271	29 salesperson, a canvasser, or a solicitor for the person.
6272	6272	30 (c) For purposes of this section, a telephone service includes
6273	6273	31 soliciting orders by telephone, accepting orders by telephone, and
6274	6274	32 making and receiving any other telephone calls.
6275	6275	33 SECTION 260. IC 6-9-2-3, AS AMENDED BY P.L.193-2017,
6276	6276	34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6277	6277	35 JULY 1, 2024]: Sec. 3. (a) For purposes of this section, the size of a
6278	6278	36 political subdivision is based on the population determined in the last
6279	6279	37 federal decennial census.
6280	6280	38 (b) A convention and visitor bureau having nineteen (19) members
6281	6281	39 is created to promote the development and growth of the convention,
6282	6282	40 tourism, and visitor industry in the county.
6283	6283	41 (c) The executives (as defined by IC 36-1-2-5) of the five (5) largest
6284	6284	42 cities and the seven (7) largest towns in the county shall each appoint
6285	6285	2024 IN 1267—LS 6912/DI 92 147
6286	6286	1 one (1) member to the bureau. The legislative body (as defined in
6287	6287	2 IC 36-1-2-9) of the two (2) largest municipalities in the county shall
6288	6288	3 each appoint one (1) member to the bureau.
6289	6289	4 (d) The county council shall appoint two (2) members to the bureau.
6290	6290	5 One (1) of the appointees must be a resident of the fifth largest city in
6291	6291	6 the county, and one (1) of the appointees must be a resident of the
6292	6292	7 eighth largest town in the county. The appointees may not be of the
6293	6293	8 same political party.
6294	6294	9 (e) The county commissioners shall appoint two (2) members to the
6295	6295	10 bureau. One (1) of the appointees must be a resident of the sixth largest
6296	6296	11 town in the county. One (1) of the appointees must be a resident of the
6297	6297	12 seventh largest town in the county. The appointees may not be of the
6298	6298	13 same political party.
6299	6299	14 (f) The lieutenant governor shall appoint one (1) member to the
6300	6300	15 bureau.
6301	6301	16 (g) No appointee under this section may hold an elected or
6302	6302	17 appointed political office while serving on the bureau.
6303	6303	18 (h) In making appointments under this section, the appointing
6304	6304	19 authority shall give sole consideration to individuals who are
6305	6305	20 knowledgeable about or employed as executives or managers in at least
6306	6306	21 one (1) of the following businesses in the county:
6307	6307	22 (1) Hotel.
6308	6308	23 (2) Motel.
6309	6309	24 (3) Restaurant.
6310	6310	25 (4) Travel.
6311	6311	26 (5) Transportation.
6312	6312	27 (6) Convention.
6313	6313	28 (7) Trade show.
6314	6314	29 (8) A riverboat licensed under IC 4-33.
6315	6315	30 (9) Banking.
6316	6316	31 (10) Real estate.
6317	6317	32 (11) Construction.
6318	6318	33 However, an individual employed by a riverboat may not be appointed
6319	6319	34 under this section unless the individual holds a Level 1 occupational
6320	6320	35 license issued under IC 4-33-8. This subsection does not apply to board
6321	6321	36 members appointed before July 1, 2007, who are eligible for
6322	6322	37 reappointment after June 30, 2007.
6323	6323	38 (i) All terms of office of bureau members begin on July 1. Members
6324	6324	39 of the bureau serve terms of three (3) years. A member whose term
6325	6325	40 expires may be reappointed to serve another term. If a vacancy occurs,
6326	6326	41 the appointing authority shall appoint a qualified person to serve for the
6327	6327	42 remainder of the term. If an appointment is not made before July 16 or
6328	6328	2024 IN 1267—LS 6912/DI 92 148
6329	6329	1 a vacancy is not filled within thirty (30) days, the member appointed by
6330	6330	2 the lieutenant governor under subsection (f) shall appoint a qualified
6331	6331	3 person.
6332	6332	4 (j) A member of the bureau may be removed for cause:
6333	6333	5 (1) by the member's appointing authority; or
6334	6334	6 (2) by vote of the bureau's board if it is determined that a member
6335	6335	7 does not meet the qualifications under subsection (h).
6336	6336	8 If a member is removed under this subsection, the appointing authority
6337	6337	9 may, not more than thirty (30) days after the member is removed,
6338	6338	10 appoint a replacement member to fill the remainder of the removed
6339	6339	11 member's term.
6340	6340	12 (k) Members of the bureau may not receive a salary. However,
6341	6341	13 bureau members are entitled to reimbursement for necessary expenses
6342	6342	14 incurred in the performance of their respective duties.
6343	6343	15 (l) Each bureau member, before entering the member's duties, shall
6344	6344	16 take an oath of office in the usual form, to be endorsed upon the
6345	6345	17 member's certificate of appointment and promptly filed with the clerk
6346	6346	18 of the circuit court of the county.
6347	6347	19 (m) The bureau shall meet after July 1 each year for the purpose of
6348	6348	20 organization. The bureau shall elect a chairman chairperson from its
6349	6349	21 members. The bureau shall also elect from its members a vice
6350	6350	22 chairman, chairperson, a secretary, and a treasurer. The members
6351	6351	23 serving in those offices shall perform the duties pertaining to the
6352	6352	24 offices. The first officers chosen shall serve until their successors are
6353	6353	25 elected and qualified. A majority of the bureau constitutes a quorum,
6354	6354	26 and the concurrence of a majority of those present is necessary to
6355	6355	27 authorize any action.
6356	6356	28 (n) If the county and one (1) or more adjoining counties desire to
6357	6357	29 establish a joint bureau, the counties shall enter into an agreement
6358	6358	30 under IC 36-1-7.
6359	6359	31 (o) Notwithstanding any other law, any bureau member appointed
6360	6360	32 as of January 1, 2007, is eligible for reappointment.
6361	6361	33 SECTION 261. IC 6-9-7-7, AS AMENDED BY P.L.236-2023,
6362	6362	34 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6363	6363	35 JULY 1, 2024]: Sec. 7. (a) The county treasurer shall establish an
6364	6364	36 innkeeper's tax fund. The treasurer shall deposit in that fund all money
6365	6365	37 received under section 6 of this chapter that is attributable to an
6366	6366	38 innkeeper's tax rate that is not more than five percent (5%).
6367	6367	39 (b) Money in the innkeeper's tax fund shall be distributed as
6368	6368	40 follows:
6369	6369	41 (1) Forty percent (40%) shall be distributed to the commission to
6370	6370	42 carry out its purposes, including making any distributions or
6371	6371	2024 IN 1267—LS 6912/DI 92 149
6372	6372	1 payments to the Lafayette - West Lafayette Convention and
6373	6373	2 Visitors Bureau, Inc.
6374	6374	3 (2) Ten percent (10%) shall be distributed to a community
6375	6375	4 development corporation that serves a metropolitan area in the
6376	6376	5 county that includes:
6377	6377	6 (A) Lafayette; and
6378	6378	7 (B) West Lafayette;
6379	6379	8 for the community development corporation's use in tourism,
6380	6380	9 recreation, and economic development activities.
6381	6381	10 (3) Ten percent (10%) shall be distributed to Historic
6382	6382	11 Prophetstown to be used by Historic Prophetstown for carrying
6383	6383	12 out its purposes.
6384	6384	13 (4) Ten percent (10%) shall be distributed to the Wabash River
6385	6385	14 Enhancement Corporation to assist the Wabash River
6386	6386	15 Enhancement Corporation in carrying out its purposes.
6387	6387	16 (5) The following amounts shall be distributed to the department
6388	6388	17 of natural resources for the development of projects in the state
6389	6389	18 park on the Wabash River, including its tributaries:
6390	6390	19 (A) For distributions in calendar year 2023, ten percent (10%).
6391	6391	20 (B) For distributions in calendar year 2024, nine percent (9%).
6392	6392	21 (C) For distributions in calendar year 2025, eight percent
6393	6393	22 (8%).
6394	6394	23 (D) For distributions in calendar year 2026, seven percent
6395	6395	24 (7%).
6396	6396	25 (E) For distributions in calendar year 2027, six percent (6%).
6397	6397	26 (F) For distributions in calendar year 2028, five percent (5%).
6398	6398	27 (G) For distributions in calendar year 2029, four percent (4%).
6399	6399	28 (H) For distributions in calendar year 2030, three percent
6400	6400	29 (3%).
6401	6401	30 (I) For distributions in calendar year 2031, two percent (2%).
6402	6402	31 (J) For distributions in calendar year 2032, one percent (1%).
6403	6403	32 (K) For distributions after calendar year 2032, zero percent
6404	6404	33 (0%).
6405	6405	34 The department of natural resources is not required to provide
6406	6406	35 additional state resources to the state park described in this
6407	6407	36 subdivision as a result of the reduction of revenue set forth in this
6408	6408	37 subdivision.
6409	6409	38 (6) The following amounts shall be distributed to the county fiscal
6410	6410	39 body for the purposes set forth in subsection (c):
6411	6411	40 (A) For distributions in calendar year 2023, zero percent (0%).
6412	6412	41 (B) For distributions in calendar year 2024, one percent (1%).
6413	6413	42 (C) For distributions in calendar year 2025, two percent (2%).
6414	6414	2024 IN 1267—LS 6912/DI 92 150
6415	6415	1 (D) For distributions in calendar year 2026, three percent
6416	6416	2 (3%).
6417	6417	3 (E) For distributions in calendar year 2027, four percent (4%).
6418	6418	4 (F) For distributions in calendar year 2028, five percent (5%).
6419	6419	5 (G) For distributions in calendar year 2029, six percent (6%).
6420	6420	6 (H) For distributions in calendar year 2030, seven percent
6421	6421	7 (7%).
6422	6422	8 (I) For distributions in calendar year 2031, eight percent (8%).
6423	6423	9 (J) For distributions in calendar year 2032, nine percent (9%).
6424	6424	10 (K) For distributions after calendar year 2032, ten percent
6425	6425	11 (10%).
6426	6426	12 (7) Twenty percent (20%) shall be distributed as determined by
6427	6427	13 the county fiscal body.
6428	6428	14 (c) Amounts distributed to the county fiscal body under subsection
6429	6429	15 (b)(6) may only be used for tourism or quality of life purposes,
6430	6430	16 including:
6431	6431	17 (1) mixed use development projects;
6432	6432	18 (2) quality public spaces;
6433	6433	19 (3) multiple transportation options;
6434	6434	20 (4) multiple housing options;
6435	6435	21 (5) revitalization of historic, blighted, or vacant properties;
6436	6436	22 (6) arts, culture, and creativity; and
6437	6437	23 (7) recreation and green spaces.
6438	6438	24 (d) An advisory commission consisting of the following members
6439	6439	25 is established:
6440	6440	26 (1) The director of the department of natural resources or the
6441	6441	27 director's designee.
6442	6442	28 (2) The public finance director or the public finance director's
6443	6443	29 designee.
6444	6444	30 (3) A member appointed by the Native American Indian affairs
6445	6445	31 commission.
6446	6446	32 (4) A member appointed by Historic Prophetstown.
6447	6447	33 (5) A member appointed by the community development
6448	6448	34 corporation described in subsection (b)(2).
6449	6449	35 (6) A member appointed by the Wabash River Enhancement
6450	6450	36 Corporation.
6451	6451	37 (7) A member appointed by the commission.
6452	6452	38 (8) A member appointed by the county fiscal body.
6453	6453	39 (9) A member appointed by the town board of the town of
6454	6454	40 Battleground.
6455	6455	41 (10) A member appointed by the mayor of the city of Lafayette.
6456	6456	42 (11) A member appointed by the mayor of the city of West
6457	6457	2024 IN 1267—LS 6912/DI 92 151
6458	6458	1 Lafayette.
6459	6459	2 (e) The following apply to the advisory commission:
6460	6460	3 (1) The governor shall appoint a member of the advisory
6461	6461	4 commission as chairman chairperson of the advisory
6462	6462	5 commission.
6463	6463	6 (2) Six (6) members of the advisory commission constitute a
6464	6464	7 quorum. The affirmative votes of at least six (6) advisory
6465	6465	8 commission members are necessary for the advisory commission
6466	6466	9 to take official action other than to adjourn or to meet to hear
6467	6467	10 reports or testimony.
6468	6468	11 (3) The advisory commission shall make recommendations
6469	6469	12 concerning the use of any proceeds of bonds issued to finance the
6470	6470	13 development of Prophetstown State Park.
6471	6471	14 (4) Members of the advisory commission who are state
6472	6472	15 employees:
6473	6473	16 (A) are not entitled to any salary per diem; and
6474	6474	17 (B) are entitled to reimbursement for traveling expenses as
6475	6475	18 provided under IC 4-13-1-4 and to reimbursement for other
6476	6476	19 expenses actually incurred in connection with the member's
6477	6477	20 duties as provided in the state policies and procedures
6478	6478	21 established by the Indiana department of administration and
6479	6479	22 approved by the budget agency.
6480	6480	23 (f) The Indiana finance authority may issue bonds for the
6481	6481	24 development of Prophetstown State Park under IC 5-1.2-6.
6482	6482	25 SECTION 262. IC 7.1-1-3-9, AS AMENDED BY P.L.86-2018,
6483	6483	26 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6484	6484	27 JULY 1, 2024]: Sec. 9. The term "chairman" "chairperson" means the
6485	6485	28 presiding officer of the commission who is appointed by the governor
6486	6486	29 pursuant to IC 7.1-2-1-5.
6487	6487	30 SECTION 263. IC 7.1-1-3-41 IS AMENDED TO READ AS
6488	6488	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 41. Salesman. The term
6489	6489	32 "salesman" "salesperson" means either of the following:
6490	6490	33 (a) (1) A person who procures, or seeks to procure an order or
6491	6491	34 contract for the sale, or for the delivery, or for the transportation
6492	6492	35 of alcoholic beverages. and,
6493	6493	36 (b) Also means (2) A person who is engaged in promoting the sale
6494	6494	37 of alcoholic beverages, or in promoting the business of a person
6495	6495	38 engaged in the alcoholic beverage trade in any manner, whether
6496	6496	39 the seller resides within this state and sells to buyers either within
6497	6497	40 or without this state, or whether the seller resides without this
6498	6498	41 state and sells for delivery to buyers within this state.
6499	6499	42 SECTION 264. IC 7.1-2-1-5 IS AMENDED TO READ AS
6500	6500	2024 IN 1267—LS 6912/DI 92 152
6501	6501	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Chairman and
6502	6502	2 Chairman Pro Tempore. The governor shall appoint one (1) of the
6503	6503	3 members to serve as chairman chairperson of the commission. The
6504	6504	4 governor also shall appoint one (1) of the members to serve as
6505	6505	5 chairman chairperson pro tempore in the absence of the chairman.
6506	6506	6 chairperson.
6507	6507	7 SECTION 265. IC 7.1-2-1-11 IS AMENDED TO READ AS
6508	6508	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) Three (3)
6509	6509	9 members of the commission constitute a quorum for the transaction of
6510	6510	10 business.
6511	6511	11 (b) Each commissioner has one (1) vote.
6512	6512	12 (c) Action of the commission may be taken only upon the
6513	6513	13 affirmative votes of at least two (2) commissioners. If a vote of the
6514	6514	14 commission is a tie, the position for which the chairman chairperson
6515	6515	15 voted shall be treated as the position adopted by the commission.
6516	6516	16 SECTION 266. IC 7.1-2-3-1 IS AMENDED TO READ AS
6517	6517	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Duties of Chairman.
6518	6518	18 The chairman chairperson shall be the presiding officer at the
6519	6519	19 meetings of the commission. The chairman, chairperson, together with
6520	6520	20 the executive secretary, shall prepare, certify and authenticate all
6521	6521	21 proceedings, minutes, records, rules and regulations of the commission.
6522	6522	22 The chairman chairperson also shall perform all other duties as
6523	6523	23 imposed by this title.
6524	6524	24 SECTION 267. IC 7.1-2-3-4.5 IS AMENDED TO READ AS
6525	6525	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.5. The commission
6526	6526	26 and the chairman chairperson may exercise only those express powers
6527	6527	27 enumerated in this title; however, this section does not limit the powers
6528	6528	28 granted to the commission by section 31 of this chapter.
6529	6529	29 SECTION 268. IC 7.1-2-3-31 IS AMENDED TO READ AS
6530	6530	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. Implied Powers.
6531	6531	31 The commission and the chairman chairperson shall have, in addition
6532	6532	32 to the express powers enumerated in this title, the authority to exercise
6533	6533	33 all powers necessary and proper to carry out the policies of this title
6534	6534	34 and to promote efficient administration by the commission.
6535	6535	35 SECTION 269. IC 7.1-2-4-20 IS AMENDED TO READ AS
6536	6536	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. Oath of Office. An
6537	6537	37 appointed member of a local board shall execute an oath of office in
6538	6538	38 duplicate. One (1) copy of the oath shall be filed in the office of the
6539	6539	39 clerk of the circuit court of the judicial circuit in which the local board
6540	6540	40 sits. The other copy shall be filed with the chairman. chairperson.
6541	6541	41 SECTION 270. IC 7.1-2-5-5, AS AMENDED BY P.L.94-2008,
6542	6542	42 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6543	6543	2024 IN 1267—LS 6912/DI 92 153
6544	6544	1 JULY 1, 2024]: Sec. 5. All rights of any kind in an alcoholic beverage
6545	6545	2 or a tobacco product of any type, or in a container for an alcoholic
6546	6546	3 beverage, or in an article, apparatus, package, fixture or utensil in
6547	6547	4 which an alcoholic beverage or a tobacco product may be placed, or
6548	6548	5 which is used in connection with it, or a vehicle or conveyance in
6549	6549	6 which an alcoholic beverage or a tobacco product is being transported
6550	6550	7 or which is used for the transportation of an alcoholic beverage or a
6551	6551	8 tobacco product, shall at all times and under all circumstances by
6552	6552	9 whomsoever held, owned, or possessed, be deemed qualified by the
6553	6553	10 right of the state, the commission, and the chairman, chairperson, to
6554	6554	11 administer, execute and enforce the provisions of this title.
6555	6555	12 SECTION 271. IC 7.1-2-5-14 IS AMENDED TO READ AS
6556	6556	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. Sale of Property
6557	6557	14 Seized from Owner. The court, upon conviction of the owner, shall
6558	6558	15 order that personal property of any type seized under this title and
6559	6559	16 which has been found to have been used, kept or possessed in violation
6560	6560	17 of this title shall be sold by the chairman chairperson if the property
6561	6561	18 has commercial value and may be purchased and used legally. The
6562	6562	19 court shall order the chairman, chairperson, or the sheriff, to destroy
6563	6563	20 the property if it has no commercial value or cannot be purchased and
6564	6564	21 used legally. However, the court shall enter its order of sale or
6565	6565	22 destruction only after an opportunity has been given to the owner for
6566	6566	23 a hearing concerning the proposed order.
6567	6567	24 SECTION 272. IC 7.1-2-5-15, AS AMENDED BY P.L.86-2018,
6568	6568	25 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6569	6569	26 JULY 1, 2024]: Sec. 15. The court, upon the conviction of a person
6570	6570	27 other than the owner, found in charge or possession of personal
6571	6571	28 property seized under this title, or upon written petition of the chairman
6572	6572	29 chairperson if no person is found in charge of or in possession of the
6573	6573	30 seized property, and if the court, upon hearing, finds that any of the
6574	6574	31 personal property was used, kept, or possessed in violation of this title,
6575	6575	32 with the knowledge of the owner, shall order the property disposed of
6576	6576	33 as provided in section 14 of this chapter. However, the court shall enter
6577	6577	34 its order of sale or destruction only after an opportunity for a hearing
6578	6578	35 has been given by not less than ten (10) days notice to the owner, if the
6579	6579	36 owner is known, or if the owner is not known, then by notice of the
6580	6580	37 seizure of the property, with a description of it, by publication one (1)
6581	6581	38 time in a newspaper of general circulation published in the county seat
6582	6582	39 of the county of the court having jurisdiction. If there is no newspaper
6583	6583	40 published in the county seat, the notice shall be published in a
6584	6584	41 newspaper of a general circulation in the county. Notice published in
6585	6585	42 a newspaper shall be given not less than ten (10) days prior to the time
6586	6586	2024 IN 1267—LS 6912/DI 92 154
6587	6587	1 fixed for the hearing.
6588	6588	2 SECTION 273. IC 7.1-2-5-17 IS AMENDED TO READ AS
6589	6589	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. Property ordered
6590	6590	4 sold by a court under the provisions of section 14 or 15 of this chapter
6591	6591	5 shall be sold by the chairman chairperson at public auction in any
6592	6592	6 county in which he the chairperson may deem it most advantageous
6593	6593	7 to sell the property. The chairman chairperson shall give one (1)
6594	6594	8 week's notice of the sale prior to the sale. The notice shall be published
6595	6595	9 in the county seat of the county in which the sale is to be made.
6596	6596	10 Property which has a commercial value and which may be lawfully
6597	6597	11 purchased may be sold to any person. The proceeds of the sale, after
6598	6598	12 deducting necessary costs and charges, including fees for publication,
6599	6599	13 and payment of liens shall be paid to the chairman chairperson for
6600	6600	14 deposit under IC 7.1-4-10-3.
6601	6601	15 SECTION 274. IC 7.1-2-6-4 IS AMENDED TO READ AS
6602	6602	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Abatement of Public
6603	6603	17 Nuisance. The commission, the chairman, chairperson, the attorney
6604	6604	18 general, a prosecuting attorney, a permittee authorized to sell alcoholic
6605	6605	19 beverages within the county in which a common nuisance exists, is
6606	6606	20 kept, or is maintained, or a number of permittees authorized to sell
6607	6607	21 alcoholic beverages within the county or elsewhere within the state, or
6608	6608	22 a taxpayer of the county, may maintain an action in the name of the
6609	6609	23 state to abate and perpetually enjoin a public nuisance, or to abate, or
6610	6610	24 enjoin, or both, a practice, or conduct of a person, whether a permittee
6611	6611	25 or not, in violation of this title or a rule or regulation of the
6612	6612	26 commission.
6613	6613	27 SECTION 275. IC 7.1-2-8-1 IS AMENDED TO READ AS
6614	6614	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Jurisdiction: General
6615	6615	29 Rule. An action brought against the commission, or against the
6616	6616	30 chairman chairperson as the chairman, chairperson, shall be brought
6617	6617	31 in the circuit or superior court of Marion County unless otherwise
6618	6618	32 specifically provided in this title.
6619	6619	33 SECTION 276. IC 7.1-2-8-2 IS AMENDED TO READ AS
6620	6620	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Jurisdiction
6621	6621	35 Restricted. Except as otherwise provided in this title, a person shall not
6622	6622	36 bring an action against the State of Indiana, the commission, the
6623	6623	37 chairman, chairperson, or the chairman chairperson pro tempore,
6624	6624	38 based upon a claim arising from the collection of money received by
6625	6625	39 the state in connection with the administration or enforcement of a
6626	6626	40 provision of this title. The consent of the State of Indiana is hereby
6627	6627	41 expressly withdrawn and denied in such an action and no court shall
6628	6628	42 have jurisdiction in such an action.
6629	6629	2024 IN 1267—LS 6912/DI 92 155
6630	6630	1 SECTION 277. IC 7.1-2-8-4 IS AMENDED TO READ AS
6631	6631	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Judicial Notice. A
6632	6632	3 court shall take judicial notice of the signature of the chairman
6633	6633	4 chairperson and of the seal of the commission. A court shall take
6634	6634	5 judicial notice, also, of a document, paper, record, or instrument, or
6635	6635	6 copy of these, duly authenticated, as prescribed in the rules and
6636	6636	7 regulations of the commission.
6637	6637	8 SECTION 278. IC 7.1-3-1-3, AS AMENDED BY P.L.285-2019,
6638	6638	9 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6639	6639	10 JULY 1, 2024]: Sec. 3. (a) A permit of any type issued by the
6640	6640	11 commission, except as provided in subsections (b) and (f) or unless
6641	6641	12 otherwise provided in this title, shall be in force for one (1) calendar
6642	6642	13 year only, including the day upon which it is granted. At the end of the
6643	6643	14 one (1) year period the permit shall be fully expired and null and void.
6644	6644	15 (b) Notwithstanding subsection (a), a permit that is subject to
6645	6645	16 section 5.5 or 5.6 of this chapter is effective for two (2) calendar years,
6646	6646	17 including the day upon which the permit is granted. However, a local
6647	6647	18 board may recommend to the commission that the permit be issued or
6648	6648	19 renewed for only a one (1) year period. The commission may issue or
6649	6649	20 renew a permit for the period recommended by the local board.
6650	6650	21 (c) A permittee who is granted a two (2) year permit under
6651	6651	22 subsection (b) or subsection (f) is liable for any annual fees assessed by
6652	6652	23 the commission. The annual fee is due on the annual anniversary date
6653	6653	24 upon which the permit was granted.
6654	6654	25 (d) If the commission grants a two (2) year permit, the commission
6655	6655	26 may ask a local board to hold a hearing to reconsider the duration of a
6656	6656	27 permittee's permit. A hearing held under this subsection is subject to
6657	6657	28 section 5.5 or 5.6 of this chapter. A local board shall hold the hearing
6658	6658	29 requested by the commission within thirty (30) days before the
6659	6659	30 permittee's next annual anniversary date and forward a
6660	6660	31 recommendation to the commission following the hearing.
6661	6661	32 (e) If a permittee is granted a permit for more than one (1) year, the
6662	6662	33 commission shall require the permittee to file annually with the
6663	6663	34 commission the information required for an annual permit renewal.
6664	6664	35 (f) Notwithstanding subsection (a), the following are effective for
6665	6665	36 two (2) calendar years, including the day upon which the permit is
6666	6666	37 granted:
6667	6667	38 (1) A beer wholesaler's permit issued under IC 7.1-3-3-1.
6668	6668	39 (2) A wine wholesaler's permit issued under IC 7.1-3-13-1.
6669	6669	40 (3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.
6670	6670	41 (g) Except as provided in subsection (h), the commission shall
6671	6671	42 timely process a permittee's application for renewal of a permit unless
6672	6672	2024 IN 1267—LS 6912/DI 92 156
6673	6673	1 the permittee receives a notice of a violation from the office of the
6674	6674	2 prosecutor created under IC 7.1-2-2-1.
6675	6675	3 (h) The commission may timely process an application for renewal
6676	6676	4 of a permit filed by a permittee that receives notice of a violation as
6677	6677	5 described in subsection (g) if the chairman chairperson or the
6678	6678	6 chairman's chairperson's designee authorizes the application for
6679	6679	7 renewal of the permit to be timely processed.
6680	6680	8 (i) Except as provided in subsection (k), a permittee may file an
6681	6681	9 application for renewal of a permit not later than:
6682	6682	10 (1) one (1) year after the date the permit expires (in the case of a
6683	6683	11 permit that expires before July 1, 2019); or
6684	6684	12 (2) six (6) months after the date the permit expires (in the case of
6685	6685	13 a permit that expires after June 30, 2019).
6686	6686	14 (j) Except as provided in subsection (k), if a permittee does not file
6687	6687	15 an application for renewal of a permit within the time provided in
6688	6688	16 subsection (i), the permit reverts to the commission. At least thirty (30)
6689	6689	17 days before the date that a permit reverts to the commission, the
6690	6690	18 commission shall provide written notice to the permittee informing the
6691	6691	19 permittee of the date that the permittee's permit will revert to the
6692	6692	20 commission.
6693	6693	21 (k) Subject to subsection (l), a permittee:
6694	6694	22 (1) under subsection (i)(1) may file an application for renewal of
6695	6695	23 a permit more than one (1) year after the date the permit expires
6696	6696	24 if, not later than one (1) year after the date the permit expires, the
6697	6697	25 permittee obtains approval from the chairman chairperson or the
6698	6698	26 chairman's chairperson's designee for an extension to file the
6699	6699	27 application for renewal; or
6700	6700	28 (2) under subsection (i)(2) may file an application for renewal of
6701	6701	29 a permit more than six (6) months after the date the permit expires
6702	6702	30 if, not later than six (6) months after the date the permit expires,
6703	6703	31 the permittee obtains approval from the chairman chairperson or
6704	6704	32 the chairman's chairperson's designee for an extension to file the
6705	6705	33 application for renewal.
6706	6706	34 (l) The chairman chairperson may allow the permittee to renew the
6707	6707	35 permit:
6708	6708	36 (1) more than one (1) year, in the case of a permittee under
6709	6709	37 subsection (k)(1); or
6710	6710	38 (2) more than six (6) months in the case of a permittee under
6711	6711	39 subsection (k)(2);
6712	6712	40 after the date the permit expires only if the permittee provides evidence
6713	6713	41 that the permittee is engaged in an administrative or court proceeding
6714	6714	42 that prevents the permittee from renewing the permit.
6715	6715	2024 IN 1267—LS 6912/DI 92 157
6716	6716	1 (m) A permit is effective upon the final approval of the commission.
6717	6717	2 Upon final approval of a permit, and upon the request of the permittee,
6718	6718	3 the commission shall provide the permittee with a letter of authority to
6719	6719	4 operate. The letter of authority to operate constitutes authorization for
6720	6720	5 the permittee to perform the actions allowed under the permit until the
6721	6721	6 date the permittee receives the permit issued by the commission.
6722	6722	7 SECTION 279. IC 7.1-3-6-1, AS AMENDED BY P.L.196-2015,
6723	6723	8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6724	6724	9 JULY 1, 2024]: Sec. 1. (a) Subject to sections 3.5 and 3.6 of this
6725	6725	10 chapter, the commission may issue a temporary beer permit without
6726	6726	11 publication of notice or investigation before a local board to a qualified
6727	6727	12 person as provided in this chapter. In all other respects, a temporary
6728	6728	13 beer permit shall be issued, revoked, and governed by the restrictions
6729	6729	14 and limitations made in a provisional order or rule or regulation of the
6730	6730	15 commission.
6731	6731	16 (b) The commission shall issue a temporary beer permit to an
6732	6732	17 applicant if:
6733	6733	18 (1) the applicant submits an application for a temporary beer
6734	6734	19 permit to the commission not later than five (5) business days
6735	6735	20 before the event for which the permit is requested; and
6736	6736	21 (2) the applicant meets all requirements for a temporary beer
6737	6737	22 permit.
6738	6738	23 (c) If authorized by the chairman chairperson or the chairman's
6739	6739	24 chairperson's designee, and at the commission's discretion, a
6740	6740	25 temporary beer permit may be issued to an applicant that:
6741	6741	26 (1) submits an application for the temporary beer permit to the
6742	6742	27 commission later than five (5) business days before the event for
6743	6743	28 which the temporary beer permit is requested; and
6744	6744	29 (2) meets all requirements for a temporary beer permit.
6745	6745	30 SECTION 280. IC 7.1-3-6-9 IS AMENDED TO READ AS
6746	6746	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Renewals. The
6747	6747	32 holder of a dining car beer permit need not renew his the holder's
6748	6748	33 permit annually. However, in order to keep the permit in force, the
6749	6749	34 permittee must pay the annual license fee to the chairman chairperson
6750	6750	35 on the anniversary date of the issuance of the original permit.
6751	6751	36 SECTION 281. IC 7.1-3-7-9 IS AMENDED TO READ AS
6752	6752	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Renewals. The
6753	6753	38 holder of a distiller's or rectifier's permit shall pay the appropriate
6754	6754	39 annual license fee to the chairman chairperson on the anniversary of
6755	6755	40 the date of the issuance of the original permit in order to keep his the
6756	6756	41 holder's distiller's or rectifier's permit in force.
6757	6757	42 SECTION 282. IC 7.1-3-9.5-2, AS AMENDED BY P.L.196-2015,
6758	6758	2024 IN 1267—LS 6912/DI 92 158
6759	6759	1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6760	6760	2 JULY 1, 2024]: Sec. 2. (a) The holder of a supplemental caterer's
6761	6761	3 permit shall notify the commission in writing not later than forty-eight
6762	6762	4 (48) hours in advance of each function that the permittee intends to
6763	6763	5 cater with alcoholic beverages. The commission may waive the
6764	6764	6 forty-eight (48) hour notice period required under this subsection, if
6765	6765	7 authorized by the chairman chairperson or the chairman's
6766	6766	8 chairperson's designee, but may not waive the requirement for filing
6767	6767	9 notice.
6768	6768	10 (b) The notice shall include the following:
6769	6769	11 (1) The date, time, and location of the function to be catered.
6770	6770	12 (2) If the function is open to the public, located in a county having
6771	6771	13 a population of less than one hundred fifty thousand (150,000),
6772	6772	14 and located in a different county from the county where the
6773	6773	15 permittee holds the three-way permit required under section 1 of
6774	6774	16 this chapter, the signature of the following official on a document
6775	6775	17 stating the official's approval of the catering of alcoholic
6776	6776	18 beverages at the proposed date, time, and location:
6777	6777	19 (A) The president of the town council, if the location is in a
6778	6778	20 town.
6779	6779	21 (B) The mayor, if the location is in a city.
6780	6780	22 (C) The president of the board of county commissioners, if the
6781	6781	23 location is in unincorporated territory.
6782	6782	24 (c) If a permittee complies with all notice requirements of
6783	6783	25 subsection (b), the commission in its absolute discretion has the
6784	6784	26 authority, any other provision of this title to the contrary
6785	6785	27 notwithstanding, to approve the proposed date and location of the
6786	6786	28 function to be catered.
6787	6787	29 (d) The commission need not notify the permittee if the commission
6788	6788	30 approved the proposed date and location, and the permittee may
6789	6789	31 proceed as stated in the permittee's notice to the commission. The
6790	6790	32 commission shall notify the permittee by certified United States mail,
6791	6791	33 in advance of the function, if the commission does not approve the
6792	6792	34 proposed date or location.
6793	6793	35 (e) A permittee whose proposed date or location has been
6794	6794	36 disapproved by the commission still may cater the function on that date
6795	6795	37 and at that location, but the permittee may not cater alcoholic
6796	6796	38 beverages at that function on that date and at that location.
6797	6797	39 SECTION 283. IC 7.1-3-11-4 IS AMENDED TO READ AS
6798	6798	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Renewals. The
6799	6799	41 holder of a dining car liquor permit need not renew his the holder's
6800	6800	42 permit annually. However, in order to keep the permit in force, the
6801	6801	2024 IN 1267—LS 6912/DI 92 159
6802	6802	1 permittee must pay the annual license fee to the chairman chairperson
6803	6803	2 on the anniversary date of the issuance of the original permit.
6804	6804	3 SECTION 284. IC 7.1-3-16-5, AS AMENDED BY P.L.196-2015,
6805	6805	4 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6806	6806	5 JULY 1, 2024]: Sec. 5. (a) Subject to section 5.5 of this chapter, the
6807	6807	6 commission may issue a temporary wine permit without publication of
6808	6808	7 notice or investigation before a local board to a qualified person as
6809	6809	8 provided in this chapter. In all other respects, a temporary wine permit
6810	6810	9 shall be issued, revoked, and governed by the restrictions and
6811	6811	10 limitations made in a provisional order or rule or regulation of the
6812	6812	11 commission.
6813	6813	12 (b) The commission shall issue a temporary wine permit to an
6814	6814	13 applicant if:
6815	6815	14 (1) the applicant submits an application for a temporary wine
6816	6816	15 permit to the commission not later than five (5) business days
6817	6817	16 before the event for which the permit is requested; and
6818	6818	17 (2) the applicant meets all requirements for a temporary wine
6819	6819	18 permit.
6820	6820	19 (c) If authorized by the chairman chairperson or the chairman's
6821	6821	20 chairperson's designee, and at the commission's discretion, a
6822	6822	21 temporary wine permit may be issued to an applicant that:
6823	6823	22 (1) submits an application for the temporary wine permit to the
6824	6824	23 commission later than five (5) business days before the event for
6825	6825	24 which the temporary wine permit is requested; and
6826	6826	25 (2) meets all requirements for a temporary wine permit.
6827	6827	26 SECTION 285. IC 7.1-3-18-7 IS AMENDED TO READ AS
6828	6828	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Salesmens' Permits:
6829	6829	28 Application and Issuance. The commission may issue a salesman's
6830	6830	29 salesperson's permit to a person who desires to act as a salesman.
6831	6831	30 salesperson. The applicant shall state in the application the county or
6832	6832	31 counties within Indiana within which the applicant desires to act as a
6833	6833	32 salesman. salesperson. The application and the permit issued by the
6834	6834	33 commission shall set forth the name and address of the person whom
6835	6835	34 the salesman salesperson represents. The application and permit also
6836	6836	35 shall state if the salesman salesperson is acting for himself in the
6837	6837	36 salesperson's own interests as principal. The application also shall
6838	6838	37 include reasonable rules as the commission may prescribe from time to
6839	6839	38 time.
6840	6840	39 SECTION 286. IC 7.1-3-18-8 IS AMENDED TO READ AS
6841	6841	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The holder of a
6842	6842	41 salesman's salesperson's permit is not entitled to represent a person
6843	6843	42 whose name does not appear on the permit as the permittee's employer,
6844	6844	2024 IN 1267—LS 6912/DI 92 160
6845	6845	1 if employed by another, nor may the permittee act for any other person
6846	6846	2 not named in the permit.
6847	6847	3 (b) Subject to subsection (c), a permittee is not entitled to act as a
6848	6848	4 salesman salesperson for more than one (1) person under one (1)
6849	6849	5 permit. However, the commission may issue additional permits to the
6850	6850	6 salesman salesperson for additional principals.
6851	6851	7 (c) A permittee may act as a salesman salesperson for more than
6852	6852	8 one (1) person under one (1) permit if:
6853	6853	9 (1) the permittee is an Internet company; and
6854	6854	10 (2) the Internet company provides the commission with the names
6855	6855	11 of each permittee for whom the Internet company is a salesman
6856	6856	12 salesperson in conformity with the rules adopted by the
6857	6857	13 commission.
6858	6858	14 SECTION 287. IC 7.1-3-19-12 IS AMENDED TO READ AS
6859	6859	15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. Return of Fee. The
6860	6860	16 chairman chairperson shall deduct the sum of twenty-five dollars
6861	6861	17 ($25) from the license fee paid by the applicant for each application
6862	6862	18 considered, but if the applications are combined in one (1) application,
6863	6863	19 the chairman chairperson shall deduct the sum of thirty-five dollars
6864	6864	20 ($35) from the license fee, and return the balance of the fee to the
6865	6865	21 applicant if the commission refuses to grant the application. The
6866	6866	22 amount deducted from the fee shall be the property of the state and
6867	6867	23 shall be disposed of as provided in article 4 of this title. IC 7.1-4.
6868	6868	24 SECTION 288. IC 7.1-3-24-4 IS AMENDED TO READ AS
6869	6869	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Posting of Bond. The
6870	6870	26 chairman chairperson shall require bond to be furnished in the case of
6871	6871	27 the sale, assignment, or transfer of a permit if bond is required to be
6872	6872	28 furnished in the case of an original application for that particular type
6873	6873	29 of permit.
6874	6874	30 SECTION 289. IC 7.1-3-24-5 IS AMENDED TO READ AS
6875	6875	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Deceased Permittee.
6876	6876	32 A duly appointed and qualified administrator or executor of the estate
6877	6877	33 of a deceased permittee, may, with the approval of the court, continue
6878	6878	34 the business conducted by the deceased permittee under the permit
6879	6879	35 held by him the deceased permittee if the administrator or executor
6880	6880	36 either himself or by an agent, also to be approved by the court, applies
6881	6881	37 for and obtains the written consent of the chairman. chairperson.
6882	6882	38 SECTION 290. IC 7.1-3-24-6 IS AMENDED TO READ AS
6883	6883	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Qualifications of
6884	6884	40 Successors. The administrator or executor, or agent, must have the
6885	6885	41 same qualifications to hold the permit of the deceased permittee that
6886	6886	42 this title otherwise requires of an applicant for that particular type of
6887	6887	2024 IN 1267—LS 6912/DI 92 161
6888	6888	1 permit. That the administrator, executor, or agent has these
6889	6889	2 qualifications shall be established by a finding of the court having
6890	6890	3 jurisdiction and a copy of these findings shall accompany the
6891	6891	4 application for the written consent of the chairman. chairperson.
6892	6892	5 SECTION 291. IC 7.1-3-24-7, AS AMENDED BY P.L.194-2021,
6893	6893	6 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6894	6894	7 JULY 1, 2024]: Sec. 7. The surviving spouse or heir of a deceased
6895	6895	8 permittee may be permitted to continue the business conducted by the
6896	6896	9 deceased permittee, without probate proceedings, if both of the
6897	6897	10 following occur:
6898	6898	11 (1) The court having probate jurisdiction finds that the surviving
6899	6899	12 spouse or heir of the deceased permittee possesses the
6900	6900	13 qualifications required of an applicant for that particular type of
6901	6901	14 permit.
6902	6902	15 (2) The surviving spouse or heir who desires to carry on the
6903	6903	16 business of the deceased permittee applies for and receives the
6904	6904	17 written consent of the chairman. chairperson. A copy of the
6905	6905	18 court's findings on the qualifications of the applicant must
6906	6906	19 accompany the application for written consent.
6907	6907	20 SECTION 292. IC 7.1-3-24-8 IS AMENDED TO READ AS
6908	6908	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. Bankrupt Permittee.
6909	6909	22 A receiver or trustee in bankruptcy of the business or property of a
6910	6910	23 permittee, acting under the jurisdiction of a court of record of this state,
6911	6911	24 or a United States court, may continue the business conducted by the
6912	6912	25 permittee, with the approval of the court having jurisdiction, by
6913	6913	26 applying for and receiving the written consent of the chairman
6914	6914	27 chairperson and if he the receiver or trustee is otherwise duly
6915	6915	28 qualified to hold the permit as if he the receiver or trustee were
6916	6916	29 himself applying for it. The qualifications of the applicant may be
6917	6917	30 established by a finding of the court having jurisdiction. A copy of the
6918	6918	31 court's findings on the qualifications shall accompany the application
6919	6919	32 for written consent.
6920	6920	33 SECTION 293. IC 7.1-3-24-10 IS AMENDED TO READ AS
6921	6921	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. Reissuance of
6922	6922	35 Permits. A permit held by a deceased or bankrupt permittee may be
6923	6923	36 reissued as other permits are authorized in this title to be reissued if the
6924	6924	37 permit is not transferred by sale or otherwise with the consent of the
6925	6925	38 chairman chairperson before its expiration. The reissuance shall be
6926	6926	39 made only upon the approval of the court having jurisdiction of the
6927	6927	40 trust of the applicant if the reissuance is to be made to an administrator,
6928	6928	41 executor, or his the permittee's agent, or a receiver or trustee in
6929	6929	42 bankruptcy. A sale or assignment of the permit shall first be approved
6930	6930	2024 IN 1267—LS 6912/DI 92 162
6931	6931	1 by the court, and only to a person qualified to hold it under this title.
6932	6932	2 Before the transfer shall legally entitle the purchaser or assignee to
6933	6933	3 operate under it, the applicant must show the chairman chairperson
6934	6934	4 that he the applicant is duly competent and qualified, the same as
6935	6935	5 though he the applicant were the original applicant for it. If the
6936	6936	6 applicant is duly competent and qualified the chairman chairperson
6937	6937	7 may approve the sale or transfer and the commission may issue a
6938	6938	8 permit to the purchaser or assignee. The commission shall not reissue
6939	6939	9 a permit to any premises other than those to which the permit was
6940	6940	10 applicable when held by the decedent or bankrupt.
6941	6941	11 SECTION 294. IC 7.1-3-27-15, AS AMENDED BY P.L.159-2014,
6942	6942	12 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6943	6943	13 JULY 1, 2024]: Sec. 15. (a) An artisan distiller's permit shall be issued
6944	6944	14 for a period of two (2) years.
6945	6945	15 (b) The commission shall charge a permit fee of two hundred fifty
6946	6946	16 dollars ($250) annually to the holder of an artisan distiller's permit. The
6947	6947	17 holder of an artisan distiller's permit shall pay the permit fee to the
6948	6948	18 chairman chairperson on the anniversary of the date of the issuance of
6949	6949	19 the original permit.
6950	6950	20 (c) A person who knowingly or intentionally engages in an activity
6951	6951	21 requiring an artisan distiller's permit without possessing a valid artisan
6952	6952	22 distiller's permit commits a Class B misdemeanor.
6953	6953	23 SECTION 295. IC 7.1-3-30-2, AS ADDED BY P.L.121-2022,
6954	6954	24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6955	6955	25 JULY 1, 2024]: Sec. 2. (a) The commission may issue a temporary
6956	6956	26 craft manufacturer hospitality permit without publication of notice or
6957	6957	27 investigation before a local board to a qualified person as provided in
6958	6958	28 this chapter. In all other respects, a hospitality permit shall be issued,
6959	6959	29 revoked, and governed by the restrictions and limitations made in a
6960	6960	30 provisional order or rule or regulation of the commission.
6961	6961	31 (b) The commission shall issue a hospitality permit to an applicant
6962	6962	32 if the applicant:
6963	6963	33 (1) submits an application for a hospitality permit to the
6964	6964	34 commission not later than five (5) business days before the event
6965	6965	35 for which the permit is requested;
6966	6966	36 (2) meets all requirements for a hospitality permit; and
6967	6967	37 (3) pays the license fee for a hospitality permit, as described in
6968	6968	38 IC 7.1-4-4.1-5.1.
6969	6969	39 (c) If authorized by the chairman chairperson or the chairman's
6970	6970	40 chairperson's designee, and at the commission's discretion, a
6971	6971	41 hospitality permit may be issued to an applicant that:
6972	6972	42 (1) submits an application for the hospitality permit to the
6973	6973	2024 IN 1267—LS 6912/DI 92 163
6974	6974	1 commission later than five (5) business days before the event for
6975	6975	2 which the hospitality permit is requested; and
6976	6976	3 (2) meets all requirements for a hospitality permit.
6977	6977	4 (d) An application submitted under this section must contain a floor
6978	6978	5 plan which demonstrates that the host permittee is not operating a bar
6979	6979	6 in the same area as the temporary event. The premises of the temporary
6980	6980	7 event must be well defined.
6981	6981	8 (e) An application submitted under this section must:
6982	6982	9 (1) identify each craft manufacturer that will participate in the
6983	6983	10 temporary event;
6984	6984	11 (2) designate an individual who is responsible for the event; and
6985	6985	12 (3) be signed by the individual described in subdivision (2).
6986	6986	13 SECTION 296. IC 7.1-4-4.1-4 IS AMENDED TO READ AS
6987	6987	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A biennial license
6988	6988	15 fee of twenty dollars ($20) is imposed for a salesman's salesperson's
6989	6989	16 license. The term of a biennial salesman's salesperson's license is two
6990	6990	17 (2) years.
6991	6991	18 SECTION 297. IC 7.1-4-6-1, AS AMENDED BY P.L.165-2006,
6992	6992	19 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6993	6993	20 JULY 1, 2024]: Sec. 1. The chairman chairperson and the department
6994	6994	21 shall have the power to examine the books, papers, records, and
6995	6995	22 premises of a manufacturer, wholesaler, retailer, dealer, or direct wine
6996	6996	23 seller's permit holder under this title for the purpose of determining
6997	6997	24 whether the excise taxes imposed by this title have been paid fully and
6998	6998	25 whether the provisions of the title are being complied with.
6999	6999	26 SECTION 298. IC 7.1-4-6-8 IS AMENDED TO READ AS
7000	7000	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. Duty of Attorney
7001	7001	28 General and Local Prosecutor. If a person who holds a permit under
7002	7002	29 this title fails to account for, or pay over to the chairman chairperson
7003	7003	30 or the department, or both, an annual license fee, or excise tax, or other
7004	7004	31 levy imposed by this title, or defaults in a condition of his the person's
7005	7005	32 bond, or if a person, licensed under this title or not, fails or refuses to
7006	7006	33 pay to the chairman chairperson or the department an obligation,
7007	7007	34 liability, forfeiture, or penalty imposed upon him the person by this
7008	7008	35 title, the chairman chairperson or the department shall report that fact
7009	7009	36 to the attorney general of Indiana who shall immediately institute the
7010	7010	37 necessary action for the recovery of the sum due the state by reason of
7011	7011	38 this title. The state shall be entitled to all liens and remedies allowed by
7012	7012	39 law for the collection of the sum due the state. It is the duty of the
7013	7013	40 prosecuting attorney of the proper county to assist the attorney general
7014	7014	41 in these matters whenever the attorney general requests his assistance.
7015	7015	42 SECTION 299. IC 7.1-4-7-1, AS AMENDED BY P.L.109-2013,
7016	7016	2024 IN 1267—LS 6912/DI 92 164
7017	7017	1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7018	7018	2 JULY 1, 2024]: Sec. 1. The chairman chairperson shall collect the
7019	7019	3 required annual license fee paid in connection with the issuance of a
7020	7020	4 brewer's permit, a beer wholesaler's permit, a temporary beer permit,
7021	7021	5 a dining car permit of any type, a boat permit of any type, an artisan
7022	7022	6 distiller's permit, a distiller's permit, a rectifier's permit, a liquor
7023	7023	7 wholesaler's permit, a vintner's permit, a farm winery permit, a farm
7024	7024	8 winery brandy distiller's permit, a wine wholesaler's permit, a wine
7025	7025	9 bottler's permit, a temporary wine permit, a direct wine seller's permit,
7026	7026	10 a salesman's salesperson's permit, and a carrier's alcoholic permit.
7027	7027	11 SECTION 300. IC 7.1-4-7-2, AS AMENDED BY P.L.86-2018,
7028	7028	12 SECTION 131, IS AMENDED TO READ AS FOLLOWS
7029	7029	13 [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman chairperson shall
7030	7030	14 collect the authorized deduction retained by the state when an
7031	7031	15 application for a permit, of a type listed in section 1 of this chapter, is
7032	7032	16 denied. The chairman chairperson also shall collect the prescribed
7033	7033	17 cost fee paid in connection with the transfer of a permit of a type listed
7034	7034	18 in section 1 of this chapter.
7035	7035	19 SECTION 301. IC 7.1-4-7-3 IS AMENDED TO READ AS
7036	7036	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Miscellaneous
7037	7037	21 Collections. The chairman chairperson shall collect all other
7038	7038	22 assessments not specifically included in this chapter and not otherwise
7039	7039	23 disposed of by a provision of this title. The chairman chairperson or
7040	7040	24 the department shall collect the penalty for the nonpayment of taxes
7041	7041	25 imposed by this title, and a forfeiture not in the nature of a fine or
7042	7042	26 penalty belonging to the common school fund, and the proceeds of a
7043	7043	27 sale or judgment made under or in the enforcement of this title.
7044	7044	28 SECTION 302. IC 7.1-4-7-4, AS AMENDED BY P.L.224-2005,
7045	7045	29 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7046	7046	30 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), the
7047	7047	31 chairman chairperson and the department shall deposit the money
7048	7048	32 collected under sections 1, 2, and 3 of this chapter daily with the
7049	7049	33 treasurer of state, and not later than the fifth day of the following month
7050	7050	34 shall cover:
7051	7051	35 (1) thirty-four percent (34%) of the money collected under section
7052	7052	36 1 of this chapter into the enforcement and administration fund
7053	7053	37 established under IC 7.1-4-10-1; and
7054	7054	38 (2) sixty-six percent (66%) of the money collected under section
7055	7055	39 1 of this chapter and money collected under sections 2 and 3 of
7056	7056	40 this chapter into the state general fund for state general fund
7057	7057	41 purposes.
7058	7058	42 (b) The chairman chairperson and the department shall deposit all
7059	7059	2024 IN 1267—LS 6912/DI 92 165
7060	7060	1 money collected under IC 7.1-2-5-3, IC 7.1-2-5-8, IC 7.1-3-17.5,
7061	7061	2 IC 7.1-3-17.7, IC 7.1-3-22-9, and IC 7.1-4-4.1-5 daily with the treasurer
7062	7062	3 of state, and not later than the fifth day of the following month shall
7063	7063	4 cover the money into the enforcement and administration fund
7064	7064	5 established under IC 7.1-4-10-1.
7065	7065	6 SECTION 303. IC 7.1-4-9-1, AS AMENDED BY P.L.224-2005,
7066	7066	7 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7067	7067	8 JULY 1, 2024]: Sec. 1. The chairman chairperson shall collect the
7068	7068	9 required annual license fee paid in connection with the issuance of a
7069	7069	10 beer retailer's permit, a beer dealer's permit, a liquor retailer's permit,
7070	7070	11 a supplemental caterer's permit, a liquor dealer's permit, a wine
7071	7071	12 retailer's permit, and a wine dealer's permit.
7072	7072	13 SECTION 304. IC 7.1-4-9-2, AS AMENDED BY P.L.86-2018,
7073	7073	14 SECTION 136, IS AMENDED TO READ AS FOLLOWS
7074	7074	15 [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman chairperson shall
7075	7075	16 collect the authorized deduction retained by the state when an
7076	7076	17 application for a permit of a type listed in section 1 of this chapter is
7077	7077	18 denied. The chairman chairperson also shall collect the prescribed
7078	7078	19 cost fee paid in connection with the transfer of a permit of a type listed
7079	7079	20 in section 1 of this chapter.
7080	7080	21 SECTION 305. IC 7.1-4-9-3, AS AMENDED BY P.L.224-2005,
7081	7081	22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7082	7082	23 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), the
7083	7083	24 chairman chairperson shall deposit the monies collected under the
7084	7084	25 authority of this chapter daily with the treasurer of the state, and not
7085	7085	26 later than the fifth day of the following month shall cover them into the
7086	7086	27 "excise fund" to be distributed as provided in this chapter.
7087	7087	28 (b) The chairman chairperson shall deposit the money received
7088	7088	29 from the collection of the fees for a three-way permit under
7089	7089	30 IC 7.1-3-20-16(f) daily with the treasurer of state, and not later than the
7090	7090	31 fifth day of the following month shall transfer the money into the
7091	7091	32 enforcement and administration fund of the commission under
7092	7092	33 IC 7.1-4-11.
7093	7093	34 SECTION 306. IC 7.1-4-9-7, AS AMENDED BY THE
7094	7094	35 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
7095	7095	36 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7096	7096	37 JULY 1, 2024]: Sec. 7. (a) Thirty-three percent (33%) of the money in
7097	7097	38 the excise fund shall, upon warrant of the state auditor, comptroller,
7098	7098	39 be paid into the general fund of the treasury of the city or town in
7099	7099	40 which the retailer's or dealer's licensed premises are located. The
7100	7100	41 money shall be paid to the treasurer of the county in which the retailer's
7101	7101	42 or dealer's premises are located if they are located outside the corporate
7102	7102	2024 IN 1267—LS 6912/DI 92 166
7103	7103	1 limits of a city or town.
7104	7104	2 (b) Not later than ten (10) days after:
7105	7105	3 (1) an annexation ordinance is filed under IC 36-4-3-22; or
7106	7106	4 (2) the second of the two (2) approvals of an annexation is filed
7107	7107	5 under IC 36-3-2-7;
7108	7108	6 the annexing municipality shall provide notice to the chairman
7109	7109	7 chairperson of the commission of any retailer's or dealer's premises
7110	7110	8 located within the annexed territory. The notice shall be in writing, sent
7111	7111	9 by certified mail, and must include the effective date of the annexation
7112	7112	10 and the business name and street address of the retailer's or dealer's
7113	7113	11 premises.
7114	7114	12 (c) The distribution from the excise fund shall continue to be paid
7115	7115	13 to the jurisdiction on record with the commission, until the chairman
7116	7116	14 chairperson of the commission receives the notice under this section
7117	7117	15 that the retailer's or dealer's premises have been annexed into the city
7118	7118	16 or town. An annexing city or town:
7119	7119	17 (1) shall be paid distributions that accrue after the date the
7120	7120	18 chairman chairperson receives notice; and
7121	7121	19 (2) is not entitled to retroactive payment of any distributions
7122	7122	20 accruing before the date the chairman chairperson receives
7123	7123	21 notice.
7124	7124	22 SECTION 307. IC 7.1-4-10-3, AS AMENDED BY P.L.86-2018,
7125	7125	23 SECTION 137, IS AMENDED TO READ AS FOLLOWS
7126	7126	24 [EFFECTIVE JULY 1, 2024]: Sec. 3. The chairman chairperson shall
7127	7127	25 deposit the monies realized from fines imposed pursuant to the
7128	7128	26 provisions of IC 7.1-3-23-2 in its enforcement and administration fund
7129	7129	27 to be used for the purposes provided in this chapter.
7130	7130	28 SECTION 308. IC 7.1-4-11-2.5, AS ADDED BY P.L.224-2005,
7131	7131	29 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7132	7132	30 JULY 1, 2024]: Sec. 2.5. The chairman chairperson shall deposit the
7133	7133	31 money received from the collection of the fees for a three-way permit
7134	7134	32 under IC 7.1-3-20-16(f) daily with the treasurer of state, and not later
7135	7135	33 than the fifth day of the following month shall transfer the money into
7136	7136	34 the enforcement and administration fund.
7137	7137	35 SECTION 309. IC 7.1-4-13-8 IS AMENDED TO READ AS
7138	7138	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The wine grape
7139	7139	37 market development council is created.
7140	7140	38 (b) The council shall have an odd number of members, but not less
7141	7141	39 than seven (7) nor more than fifteen (15) members. The following are
7142	7142	40 the members of the council:
7143	7143	41 (1) The director or the director's designee.
7144	7144	42 (2) The chairman chairperson of the horticulture department at
7145	7145	2024 IN 1267—LS 6912/DI 92 167
7146	7146	1 Purdue University or chairman's chairperson's designee.
7147	7147	2 (3) The chairman chairperson of the food science department at
7148	7148	3 Purdue University or the chairman's chairperson's designee.
7149	7149	4 (4) Other members that the director shall appoint.
7150	7150	5 (c) A majority of the members of the council must be wine grape
7151	7151	6 growers or processors of wine grape products.
7152	7152	7 SECTION 310. IC 7.1-4-13-10 IS AMENDED TO READ AS
7153	7153	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The council shall
7154	7154	9 do the following:
7155	7155	10 (1) Elect a chairman chairperson and any other officers.
7156	7156	11 (2) Recommend expenditures from the wine grape market
7157	7157	12 development fund for the administration of the wine grape market
7158	7158	13 development program and for the administration of this chapter.
7159	7159	14 (3) Perform any other necessary duties.
7160	7160	15 SECTION 311. IC 7.1-5-2-7, AS AMENDED BY P.L.159-2014,
7161	7161	16 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7162	7162	17 JULY 1, 2024]: Sec. 7. (a) The term "premises" as used in this
7163	7163	18 subsection does not include a facility (as defined in IC 7.1-2-3-16.5).
7164	7164	19 A primary source of supply, wholesaler, or salesman salesperson of
7165	7165	20 alcoholic beverages, or the agent or representative of a primary source
7166	7166	21 of supply, wholesaler, or salesman salesperson of alcoholic beverages
7167	7167	22 may not directly or indirectly place, display, or maintain or cause to be
7168	7168	23 placed, displayed, or maintained a sign advertising alcoholic beverages
7169	7169	24 by brand name within two hundred (200) feet of a premises having a
7170	7170	25 retailer or dealer permit to sell alcoholic beverages. The distance must
7171	7171	26 be determined by measuring between the nearest point on the licensed
7172	7172	27 premises to the nearest point of the sign.
7173	7173	28 (b) A sign advertising alcoholic beverages by brand name may not
7174	7174	29 indicate by arrows, hands, or other similar devices a particular retailer
7175	7175	30 or dealer premises.
7176	7176	31 (c) Notwithstanding subsection (a), a primary source of supply,
7177	7177	32 wholesaler, or salesman salesperson of alcoholic beverages, or the
7178	7178	33 agent or representative of a primary source of supply, wholesaler, or
7179	7179	34 salesman salesperson of alcoholic beverages may place, display,
7180	7180	35 maintain or cause to be placed, displayed, or maintained temporary
7181	7181	36 banners or pennants advertising alcoholic beverages by brand name on
7182	7182	37 or within two hundred (200) feet of a retailer or dealer premises if the
7183	7183	38 banners or pennants commemorate a sporting event, festival, or holiday
7184	7184	39 held in Indiana. The banners or pennants may be displayed under this
7185	7185	40 subsection beginning twenty-one (21) days before the sporting event,
7186	7186	41 festival, or holiday and ending five (5) days after the close of the
7187	7187	42 sporting event, festival, or holiday.
7188	7188	2024 IN 1267—LS 6912/DI 92 168
7189	7189	1 (d) A person who knowingly or intentionally violates this section
7190	7190	2 commits a Class B misdemeanor.
7191	7191	3 SECTION 312. IC 7.1-5-6-2, AS AMENDED BY P.L.159-2014,
7192	7192	4 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7193	7193	5 JULY 1, 2024]: Sec. 2. (a) It is unlawful for a person to act as a
7194	7194	6 salesman, salesperson, regardless of whether the sale is to be made by
7195	7195	7 a seller within this state, to a buyer within or without this state, or by
7196	7196	8 a seller outside this state for delivery to a buyer within this state, or
7197	7197	9 whether the sale otherwise may be legal or illegal, unless that person
7198	7198	10 has applied for and been issued a salesman's salesperson's permit.
7199	7199	11 (b) It is unlawful for a buyer in this state to give an order, bargain,
7200	7200	12 contract, or agreement to a salesman salesperson who does not have
7201	7201	13 a salesman's salesperson's permit. This section does not apply to a
7202	7202	14 permittee of any type, a permittee's agent, or employees working or
7203	7203	15 acting on the licensed premises of the permittee.
7204	7204	16 (c) A person who knowingly or intentionally violates this section
7205	7205	17 commits a Class B misdemeanor.
7206	7206	18 SECTION 313. IC 7.1-5-7-13, AS AMENDED BY P.L.270-2017,
7207	7207	19 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7208	7208	20 JULY 1, 2024]: Sec. 13. (a) Section 12 of this chapter does not prohibit
7209	7209	21 the following:
7210	7210	22 (1) The employment of a person at least eighteen (18) years of age
7211	7211	23 but less than twenty-one (21) years of age on or about licensed
7212	7212	24 premises where alcoholic beverages are sold, furnished, or given
7213	7213	25 away for consumption either on or off the licensed premises, for
7214	7214	26 a purpose other than:
7215	7215	27 (A) selling;
7216	7216	28 (B) furnishing, other than serving;
7217	7217	29 (C) consuming; or
7218	7218	30 (D) otherwise dealing in;
7219	7219	31 alcoholic beverages.
7220	7220	32 (2) A person at least nineteen (19) years of age but less than
7221	7221	33 twenty-one (21) years of age from ringing up a sale of alcoholic
7222	7222	34 beverages in the course of the person's employment.
7223	7223	35 (3) A person who is at least nineteen (19) years of age but less
7224	7224	36 than twenty-one (21) years of age and who has successfully
7225	7225	37 completed an alcohol server training program certified under
7226	7226	38 IC 7.1-3-1.5 from serving alcoholic beverages in a dining area or
7227	7227	39 family room of a restaurant or hotel:
7228	7228	40 (A) in the course of a person's employment as a waiter,
7229	7229	41 waitress, or server; and
7230	7230	42 (B) under the supervision of a person who:
7231	7231	2024 IN 1267—LS 6912/DI 92 169
7232	7232	1 (i) is at least twenty-one (21) years of age;
7233	7233	2 (ii) is present at the restaurant or hotel; and
7234	7234	3 (iii) has successfully completed an alcohol server training
7235	7235	4 program certified under IC 7.1-3-1.5 by the commission.
7236	7236	5 This subdivision does not allow a person at least nineteen (19)
7237	7237	6 years of age but less than twenty-one (21) years of age to be a
7238	7238	7 bartender.
7239	7239	8 (4) The employment of a person at least eighteen (18) years of age
7240	7240	9 but less than twenty-one (21) years of age on or about licensed
7241	7241	10 premises where alcoholic beverages are sold, furnished, or given
7242	7242	11 away for consumption either on or off the licensed premises if all
7243	7243	12 the following apply:
7244	7244	13 (A) The person is employed as an assistant on a delivery truck.
7245	7245	14 (B) The person's duties with respect to alcoholic beverages are
7246	7246	15 limited to handling alcoholic beverages in connection with the
7247	7247	16 loading, unloading, stowing, or storing of alcoholic beverages
7248	7248	17 that are being delivered or picked up.
7249	7249	18 (C) The person does not sell, furnish, or deal in alcoholic
7250	7250	19 beverages in any manner except as expressly permitted under
7251	7251	20 clause (B).
7252	7252	21 (D) The person acts under the supervision of a driver holding
7253	7253	22 a salesman's salesperson's permit.
7254	7254	23 (E) The person does not collect money for the delivery or pick
7255	7255	24 up.
7256	7256	25 (b) This chapter does not prohibit a person less than twenty-one (21)
7257	7257	26 years of age from being on the premises of a brewery under
7258	7258	27 IC 7.1-3-2-7(5), a farm winery, including any additional locations of
7259	7259	28 the farm winery under IC 7.1-3-12-5, or an artisan distillery under
7260	7260	29 IC 7.1-3-27-5, if the person is:
7261	7261	30 (1) the child, stepchild, grandchild, nephew, or niece of an owner
7262	7262	31 of the:
7263	7263	32 (A) brewery;
7264	7264	33 (B) farm winery; or
7265	7265	34 (C) artisan distiller; and
7266	7266	35 (2) employed on the premises for a purpose other than:
7267	7267	36 (A) selling;
7268	7268	37 (B) furnishing, other than serving;
7269	7269	38 (C) consuming; or
7270	7270	39 (D) otherwise dealing in;
7271	7271	40 alcoholic beverages.
7272	7272	41 A minor described in this subsection is not required to be accompanied
7273	7273	42 by a parent, legal guardian or custodian, or family member who is at
7274	7274	2024 IN 1267—LS 6912/DI 92 170
7275	7275	1 least twenty-one (21) years of age while on the premises of the brewery
7276	7276	2 or farm winery.
7277	7277	3 SECTION 314. IC 7.1-5-8-6, AS AMENDED BY P.L.167-2023,
7278	7278	4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7279	7279	5 JULY 1, 2024]: Sec. 6. (a) It is a Class C misdemeanor for a person to
7280	7280	6 knowingly carry liquor into a restaurant or place of public
7281	7281	7 entertainment for the purpose of consuming it, displaying it, or selling,
7282	7282	8 furnishing, or giving it away to another person on the premises, or for
7283	7283	9 the purpose of having it served to himself the person or another
7284	7284	10 person, then and there. It is a Class C misdemeanor to knowingly
7285	7285	11 consume liquor brought into a public establishment in violation of this
7286	7286	12 section.
7287	7287	13 (b) This section does not apply to a person at an outdoor place of
7288	7288	14 public entertainment that:
7289	7289	15 (1) has an area of at least four (4) acres and not more than six (6)
7290	7290	16 acres;
7291	7291	17 (2) is located within one (1) mile of the White River;
7292	7292	18 (3) is owned and operated by a nonprofit corporation exempt from
7293	7293	19 federal income taxation under Section 501(c)(3) of the Internal
7294	7294	20 Revenue Code; and
7295	7295	21 (4) is used primarily in connection with live music concerts.
7296	7296	22 (c) This section does not apply to a person who carries liquor into
7297	7297	23 a restaurant or place of public entertainment where a qualified
7298	7298	24 organization is conducting:
7299	7299	25 (1) an allowable event to which IC 7.1-3-6.1 applies, and the
7300	7300	26 liquor brought into the establishment is:
7301	7301	27 (A) in sealed bottles or cases; and
7302	7302	28 (B) donated to or purchased by the qualified organization to be
7303	7303	29 offered as a prize in the allowable event; or
7304	7304	30 (2) a charity auction to which IC 7.1-3-6.2 applies, and the liquor
7305	7305	31 brought into the establishment is:
7306	7306	32 (A) in sealed bottles or cases; and
7307	7307	33 (B) donated to or purchased by the qualified organization to be
7308	7308	34 offered for sale in the charity auction.
7309	7309	35 (d) This section does not apply to a craft manufacturer (as defined
7310	7310	36 in IC 7.1-3-30-1) at an event held on the licensed premises of a host
7311	7311	37 permittee (as defined in IC 7.1-3-30-1) under a temporary craft
7312	7312	38 manufacturer hospitality permit issued under IC 7.1-3-30.
7313	7313	39 (e) This section does not apply to a person who brings an alcoholic
7314	7314	40 beverage:
7315	7315	41 (1) purchased from:
7316	7316	42 (A) a vendor (as defined in IC 7.1-3-31-5); or
7317	7317	2024 IN 1267—LS 6912/DI 92 171
7318	7318	1 (B) a designated permittee (as defined in IC 7.1-3-31-2); and
7319	7319	2 (2) into a licensed premises:
7320	7320	3 (A) of a permittee who may or may not be a designated
7321	7321	4 permittee (as defined in IC 7.1-3-31-2); and
7322	7322	5 (B) that is located within a refreshment area designated under
7323	7323	6 IC 7.1-3-31.
7324	7324	7 SECTION 315. IC 7.1-5-11-1.5, AS AMENDED BY P.L.159-2014,
7325	7325	8 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7326	7326	9 JULY 1, 2024]: Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is
7327	7327	10 unlawful for a person in the business of selling alcoholic beverages in
7328	7328	11 Indiana or outside Indiana to ship or cause to be shipped an alcoholic
7329	7329	12 beverage directly to a person in Indiana who does not hold a valid
7330	7330	13 wholesaler permit under this title. This includes the ordering and
7331	7331	14 selling of alcoholic beverages over a computer network (as defined by
7332	7332	15 IC 35-43-2-3(a)).
7333	7333	16 (b) An in-state or an out-of-state vintner, distiller, brewer, rectifier,
7334	7334	17 or importer that:
7335	7335	18 (1) holds a basic permit from the federal Bureau of Alcohol,
7336	7336	19 Tobacco, Firearms and Explosives; and
7337	7337	20 (2) knowingly violates subsection (a);
7338	7338	21 commits a Class A misdemeanor.
7339	7339	22 (c) A person who is not an in-state or an out-of-state vintner,
7340	7340	23 distiller, brewer, rectifier, or importer that holds a basic permit from the
7341	7341	24 federal Bureau of Alcohol, Tobacco, Firearms and Explosives who
7342	7342	25 knowingly violates subsection (a) commits a Level 6 felony.
7343	7343	26 (d) Upon a determination by the commission that a person has
7344	7344	27 violated subsection (a), a wholesaler may not accept a shipment of
7345	7345	28 alcoholic beverages from the person for a period of up to one (1) year
7346	7346	29 as determined by the commission.
7347	7347	30 (e) If the chairman chairperson of the alcohol and tobacco
7348	7348	31 commission or the attorney general determines that a vintner, distiller,
7349	7349	32 brewer, rectifier, or importer that holds a basic permit from the federal
7350	7350	33 Bureau of Alcohol, Tobacco, Firearms and Explosives has made an
7351	7351	34 illegal shipment of an alcoholic beverage to consumers in Indiana, the
7352	7352	35 chairman chairperson shall:
7353	7353	36 (1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
7354	7354	37 Explosives in writing and by certified mail of the official
7355	7355	38 determination that state law has been violated; and
7356	7356	39 (2) request the federal bureau to take appropriate action.
7357	7357	40 (f) The commission shall adopt rules under IC 4-22-2 to implement
7358	7358	41 this section.
7359	7359	42 SECTION 316. IC 7.1-5-11-11, AS AMENDED BY P.L.159-2014,
7360	7360	2024 IN 1267—LS 6912/DI 92 172
7361	7361	1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7362	7362	2 JULY 1, 2024]: Sec. 11. (a) It is unlawful for a person to transport into
7363	7363	3 this state upon a public highway of this state, an alcoholic beverage
7364	7364	4 from another state, territory, or country, unless the person
7365	7365	5 accompanying, or in charge of the shipment, has present and available
7366	7366	6 for exhibition:
7367	7367	7 (1) a bill of lading; or
7368	7368	8 (2) other evidence of ownership or shipment authorized by a rule
7369	7369	9 adopted by the commission.
7370	7370	10 (b) It is unlawful for a person to refuse to exhibit, or permit to be
7371	7371	11 read or examined, the bill of lading or other evidence of ownership or
7372	7372	12 shipment upon a lawful demand of the chairman, chairperson, or of a
7373	7373	13 police officer of the state, or of a governmental subdivision of it.
7374	7374	14 (c) A person who knowingly or intentionally violates subsection (a)
7375	7375	15 or (b) commits a Class B misdemeanor.
7376	7376	16 SECTION 317. IC 7.1-5-11-13, AS AMENDED BY P.L.159-2014,
7377	7377	17 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7378	7378	18 JULY 1, 2024]: Sec. 13. (a) A railroad company, an express company,
7379	7379	19 and a common carrier shall keep in the office at which delivery of an
7380	7380	20 alcoholic beverage to a consignee is made, a separate record in which
7381	7381	21 shall be entered the information required by this title for the shipment
7382	7382	22 of an alcoholic beverage.
7383	7383	23 (b) This record shall be open to the inspection of the chairman.
7384	7384	24 chairperson.
7385	7385	25 (c) An agent, officer, or employee of a railroad company, express
7386	7386	26 company, or common carrier who knowingly or intentionally violates
7387	7387	27 this section commits a Class B misdemeanor.
7388	7388	28 SECTION 318. IC 8-1-1-2, AS AMENDED BY P.L.136-2018,
7389	7389	29 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7390	7390	30 JULY 1, 2024]: Sec. 2. (a) There is created the Indiana utility
7391	7391	31 regulatory commission which shall consist of five (5) members, at least
7392	7392	32 one (1) of whom shall be an attorney qualified to practice law before
7393	7393	33 the supreme court of Indiana and not more than three (3) of whom
7394	7394	34 belong to the same political party.
7395	7395	35 (b) The members of the commission and all vacancies occurring on
7396	7396	36 the commission shall be appointed by the governor from among
7397	7397	37 persons nominated by the nominating committee in accordance with
7398	7398	38 IC 8-1-1.5.
7399	7399	39 (c) The members may be removed at any time by the governor for
7400	7400	40 cause.
7401	7401	41 (d) The governor shall appoint one (1) member as chairman.
7402	7402	42 chairperson.
7403	7403	2024 IN 1267—LS 6912/DI 92 173
7404	7404	1 (e) The members of the commission shall be appointed for a term of
7405	7405	2 four (4) years, except when a member is appointed to fill a vacancy, in
7406	7406	3 which case such appointment shall be for such unexpired term only. All
7407	7407	4 members of said commission shall serve as such until their successors
7408	7408	5 are duly appointed and qualified, and while so serving shall devote full
7409	7409	6 time to the duties of the commission and shall not be actively engaged
7410	7410	7 in any other occupation, profession, or business that constitutes a
7411	7411	8 conflict of interest or otherwise interferes with carrying out their duties
7412	7412	9 as commissioners.
7413	7413	10 (f) A member of the commission or any person appointed to any
7414	7414	11 position or employed in any capacity to serve the commission, may not
7415	7415	12 have any official or professional relationship or connection with, or
7416	7416	13 hold any stock or securities or have any pecuniary interest in any public
7417	7417	14 utility operating in Indiana.
7418	7418	15 (g) Each member appointed to the Indiana utility regulatory
7419	7419	16 commission shall take and subscribe to an oath in writing that the
7420	7420	17 member will faithfully perform the duties of the member's office, and
7421	7421	18 support and defend to the best of the member's ability the Constitution
7422	7422	19 and laws of the state of Indiana and of the United States of America,
7423	7423	20 and such oath shall be filed with the secretary of state.
7424	7424	21 (h) The chairman chairperson of the commission shall assign cases
7425	7425	22 to the various members of the commission or to administrative law
7426	7426	23 judges for hearings.
7427	7427	24 SECTION 319. IC 8-1-1-3, AS AMENDED BY P.L.136-2018,
7428	7428	25 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7429	7429	26 JULY 1, 2024]: Sec. 3. (a) The members of the commission shall meet
7430	7430	27 and organize the commission. The commission may, subject to the
7431	7431	28 approval of the governor, appoint a secretary of the commission.
7432	7432	29 (b) The salaries of the members and secretary of the commission
7433	7433	30 shall be fixed by the governor, subject to the approval of the budget
7434	7434	31 agency; however, the salaries of the chairman chairperson and the
7435	7435	32 members shall not be less than the following annual minimum
7436	7436	33 amounts:
7437	7437	34 (1) For the chairman, chairperson, sixty-five thousand dollars
7438	7438	35 ($65,000).
7439	7439	36 (2) For the members, sixty thousand dollars ($60,000) each.
7440	7440	37 (c) The commission may appoint one (1) or more administrative law
7441	7441	38 judges who shall be responsible to and serve at the will and pleasure of
7442	7442	39 the commission. While serving, the administrative law judges shall
7443	7443	40 devote full time to the duties of the commission and shall not be
7444	7444	41 actively engaged in any other occupation, profession, or business that
7445	7445	42 constitutes a conflict of interest or otherwise interferes with carrying
7446	7446	2024 IN 1267—LS 6912/DI 92 174
7447	7447	1 out their duties as administrative law judges. The salary of each
7448	7448	2 administrative law judge shall be fixed by the commission subject to
7449	7449	3 the approval of the budget agency but may not be less than the
7450	7450	4 following annual amounts:
7451	7451	5 (1) For the chief administrative law judge, forty-five thousand
7452	7452	6 dollars ($45,000).
7453	7453	7 (2) For all other administrative law judges, forty thousand dollars
7454	7454	8 ($40,000).
7455	7455	9 (d) A majority of the commission members shall constitute a
7456	7456	10 quorum.
7457	7457	11 (e) On order of the commission any one (1) member of the
7458	7458	12 commission, or an administrative law judge, may conduct a hearing or
7459	7459	13 an investigation, and take evidence in the hearing or investigation, and
7460	7460	14 report on the hearing or investigation to the commission for the
7461	7461	15 commission's consideration and action; however, a hearing concerning
7462	7462	16 a request for a general increase in the basic rates and charges of a
7463	7463	17 utility in an amount exceeding twenty million dollars ($20,000,000)
7464	7464	18 may only be conducted by one (1) or more commission members.
7465	7465	19 (f) Each member of the commission shall give bond in the sum of
7466	7466	20 ten thousand dollars ($10,000) for the faithful performance of the
7467	7467	21 member's duties. Such bond shall be filed with the secretary of state.
7468	7468	22 (g) The commission shall formulate rules necessary or appropriate
7469	7469	23 to carry out this chapter, and shall perform the duties imposed by law
7470	7470	24 upon it.
7471	7471	25 (h) The commission may:
7472	7472	26 (1) employ, with the approval of the governor and the state budget
7473	7473	27 agency, sufficient professional staff, including specialists,
7474	7474	28 technicians, and analysts, who are exempt from the job
7475	7475	29 classifications and compensation schedules established under
7476	7476	30 IC 4-15; and
7477	7477	31 (2) purchase, lease, or otherwise acquire for the commission's
7478	7478	32 internal use sufficient technical equipment necessary for the
7479	7479	33 commission to carry out its statutory duties.
7480	7480	34 SECTION 320. IC 8-1-1-14, AS AMENDED BY P.L.71-2022,
7481	7481	35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7482	7482	36 JULY 1, 2024]: Sec. 14. (a) As used in this section, "committee" refers
7483	7483	37 to the interim study committee on energy, utilities, and
7484	7484	38 telecommunications established by IC 2-5-1.3-4(8).
7485	7485	39 (b) The chairman chairperson of the commission shall prepare an
7486	7486	40 annual report and file it with the governor and the chairman
7487	7487	41 chairperson of the legislative council before October 1 of each year.
7488	7488	42 The commission shall present the annual report to the committee before
7489	7489	2024 IN 1267—LS 6912/DI 92 175
7490	7490	1 October 1 of each year. A report filed under this subsection with the
7491	7491	2 chairman chairperson of the legislative council must be in an
7492	7492	3 electronic format under IC 5-14-6. The chairman chairperson shall
7493	7493	4 include in the annual report information for the fiscal year ending June
7494	7494	5 30 of the year in which the report is due.
7495	7495	6 (c) The annual report required under subsection (b) must include the
7496	7496	7 following:
7497	7497	8 (1) An update on the operations of the commission, including the
7498	7498	9 following:
7499	7499	10 (A) Statistics relevant to the workload and operations of the
7500	7500	11 commission.
7501	7501	12 (B) A statement of the commission's revenues by source and
7502	7502	13 expenditures by purpose.
7503	7503	14 (C) A description of the commission's goals, legal
7504	7504	15 responsibilities, and accomplishments.
7505	7505	16 (D) Comments on the state of the commission and the various
7506	7506	17 kinds of utilities that it regulates.
7507	7507	18 (E) Any other matters that the commission wishes to bring to
7508	7508	19 the attention of the governor and the general assembly.
7509	7509	20 (2) Information concerning changes or emerging trends in the
7510	7510	21 energy utility industry, and the effects of those changes or trends
7511	7511	22 on service and on the pricing of all energy utility services under
7512	7512	23 the jurisdiction of the commission. The information reported
7513	7513	24 under this subdivision must include the following:
7514	7514	25 (A) The effects of competition or changes in the energy utility
7515	7515	26 industry, including the impact on customer rates.
7516	7516	27 (B) The status of modernization of the energy utility facilities
7517	7517	28 in Indiana and the incentives in place to further enhance this
7518	7518	29 infrastructure.
7519	7519	30 (C) The effects on economic development of the
7520	7520	31 modernization described in clause (B).
7521	7521	32 (D) Changes in Indiana's electricity generation mix.
7522	7522	33 (E) Any other energy utility matters the commission considers
7523	7523	34 appropriate.
7524	7524	35 (3) Information concerning changes or emerging trends in the
7525	7525	36 water and wastewater utility industries, and the effects of those
7526	7526	37 changes or trends on service and on the pricing of all water and
7527	7527	38 wastewater utility services under the jurisdiction of the
7528	7528	39 commission. The information reported under this subdivision
7529	7529	40 must include the following:
7530	7530	41 (A) The effects of changes in the water and wastewater utility
7531	7531	42 industries, including the impact on customer rates.
7532	7532	2024 IN 1267—LS 6912/DI 92 176
7533	7533	1 (B) The status of water and wastewater utility infrastructure in
7534	7534	2 Indiana and the incentives in place to further enhance this
7535	7535	3 infrastructure.
7536	7536	4 (C) An update on:
7537	7537	5 (i) acquisitions under IC 8-1-30.3;
7538	7538	6 (ii) consolidations;
7539	7539	7 (iii) regionalization; and
7540	7540	8 (iv) service territory disputes;
7541	7541	9 involving water and wastewater utilities.
7542	7542	10 (D) The nature and extent of the jurisdiction of the
7543	7543	11 commission and other state agencies over various types of
7544	7544	12 water and wastewater utilities.
7545	7545	13 (E) Any other water or wastewater utility matters the
7546	7546	14 commission considers appropriate.
7547	7547	15 (4) Information concerning the communications services industry,
7548	7548	16 including the following:
7549	7549	17 (A) The type and availability of communications service
7550	7550	18 provided to Indiana customers, including the provision of
7551	7551	19 video service (as defined in IC 8-1-34-14).
7552	7552	20 (B) Details on the status of the Indiana universal service fund.
7553	7553	21 (C) The status of eligible telecommunications carriers for
7554	7554	22 purposes of receiving:
7555	7555	23 (i) Lifeline reimbursement from the federal universal service
7556	7556	24 fund;
7557	7557	25 (ii) support to serve rural and high cost areas; and
7558	7558	26 (iii) other monetary support from the federal universal
7559	7559	27 service fund;
7560	7560	28 through the administrator designated by the Federal
7561	7561	29 Communications Commission.
7562	7562	30 (D) A summary of the video franchise fee reports submitted
7563	7563	31 under IC 8-1-34-24.5.
7564	7564	32 (E) Any other matters concerning the communications services
7565	7565	33 industry the commission considers appropriate.
7566	7566	34 (5) Information concerning Indiana's pipeline safety program,
7567	7567	35 including the following:
7568	7568	36 (A) An update on the activities of the commission's pipeline
7569	7569	37 safety division established by IC 8-1-22.5-2.
7570	7570	38 (B) An update on activities under IC 8-1-26.
7571	7571	39 (C) An update on the underground plant protection account
7572	7572	40 established by IC 8-1-26-24.
7573	7573	41 (D) Any other matters concerning pipeline safety the
7574	7574	42 commission considers appropriate.
7575	7575	2024 IN 1267—LS 6912/DI 92 177
7576	7576	1 SECTION 321. IC 8-1-1.1-7, AS AMENDED BY P.L.53-2014,
7577	7577	2 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7578	7578	3 JULY 1, 2024]: Sec. 7. (a) There is created the advisory council to the
7579	7579	4 office of the utility consumer counselor. The council consists of nine
7580	7580	5 (9) members. Each Indiana congressional district must be represented
7581	7581	6 by at least one (1) individual appointed under this section who is a
7582	7582	7 resident of that congressional district. However, the reduction in
7583	7583	8 membership of the council from ten (10) members to nine (9) shall be
7584	7584	9 accomplished as the terms of members end and new members are
7585	7585	10 appointed. Until the expiration of the term of a member who is serving
7586	7586	11 on the council on January 1, 2014, and resides in the same
7587	7587	12 congressional district as another member, the council consists of ten
7588	7588	13 (10) members.
7589	7589	14 (b) Members of the council, including those filling vacancies
7590	7590	15 occurring in the council membership, shall be appointed by the
7591	7591	16 governor. All members shall be appointed to a term of four (4) years,
7592	7592	17 except those who have been appointed to fill a vacancy in the council
7593	7593	18 whose term will be the unexpired portion of the term. All members
7594	7594	19 shall serve until their successor has been duly appointed and qualified.
7595	7595	20 (c) The membership shall be representative of the various sectors of
7596	7596	21 Indiana economy, including, but not limited to: agriculture, business
7597	7597	22 and industry, labor, and local government.
7598	7598	23 (d) The members shall annually elect of themselves a chairman.
7599	7599	24 chairperson.
7600	7600	25 (e) Members are entitled to receive per diem and travel expense
7601	7601	26 reimbursement at the standard rates provided for state employees for
7602	7602	27 expenses they incur in the performance of their duties under this
7603	7603	28 chapter subject to the approval of the consumer counselor.
7604	7604	29 SECTION 322. IC 8-1-1.1-8.1 IS AMENDED TO READ AS
7605	7605	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) The council
7606	7606	31 shall meet at the call of the chairman chairperson or the consumer
7607	7607	32 counselor.
7608	7608	33 (b) The council shall receive, review, and advise the consumer
7609	7609	34 counselor with respect to problems and concerns of ratepayers and
7610	7610	35 consumers arising from the regulation of utilities, motor carriers, or
7611	7611	36 railroads in Indiana. The office of consumer counselor shall provide
7612	7612	37 necessary clerical and staff assistance for the council.
7613	7613	38 SECTION 323. IC 8-1-1.5-3 IS AMENDED TO READ AS
7614	7614	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) There is
7615	7615	40 established a nominating committee for the purpose of submitting to
7616	7616	41 the governor nominations of candidates to fill vacancies on the
7617	7617	42 commission. The committee consists of seven (7) members, not more
7618	7618	2024 IN 1267—LS 6912/DI 92 178
7619	7619	1 than four (4) of whom shall belong to the same political party and none
7620	7620	2 of whom may be a member of the general assembly.
7621	7621	3 (b) The governor shall appoint three (3) members of the nominating
7622	7622	4 committee and designate one (1) as chairman. chairperson. The
7623	7623	5 speaker of the house of representatives, the president pro tempore of
7624	7624	6 the senate, the minority leader of the senate, and the minority leader of
7625	7625	7 the house of representatives shall each appoint one (1) member of the
7626	7626	8 nominating committee. Each appointment shall be certified to the
7627	7627	9 secretary of state within ten (10) days of the appointment.
7628	7628	10 (c) Each member of the nominating committee shall be appointed
7629	7629	11 for a term of four (4) years.
7630	7630	12 (d) Whenever a vacancy occurs on the nominating committee, the
7631	7631	13 chairman chairperson of the committee shall promptly notify the
7632	7632	14 official who appointed the member whose position is vacant. That
7633	7633	15 official shall appoint a new member within sixty (60) days after
7634	7634	16 receiving notice of the vacancy. The term of the member so appointed
7635	7635	17 shall be for the unexpired term of the member whose vacancy he the
7636	7636	18 member has filled. An appointment to fill a vacancy shall be certified
7637	7637	19 to the secretary of state within ten (10) days of the appointment.
7638	7638	20 (e) After the names of members appointed to the nominating
7639	7639	21 committee have been certified to the secretary of state, the secretary of
7640	7640	22 state shall, by regular mail, notify the members of the committee of
7641	7641	23 their appointment.
7642	7642	24 SECTION 324. IC 8-1-1.5-5 IS AMENDED TO READ AS
7643	7643	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) When a vacancy
7644	7644	26 occurs on the commission, the governor shall promptly notify the
7645	7645	27 chairman chairperson of the nominating committee of the vacancy.
7646	7646	28 The chairman chairperson shall call a meeting of the committee within
7647	7647	29 ten (10) days after the notice. The nominating committee shall submit
7648	7648	30 its nominations of three (3) candidates for each vacancy and certify
7649	7649	31 them to the governor no later than forty (40) days from the time the
7650	7650	32 vacancy occurs. When it is known that a vacancy will occur at a
7651	7651	33 definite future date, but the vacancy has not yet occurred, the governor
7652	7652	34 shall notify the nominating committee immediately thereof, and the
7653	7653	35 committee may, within sixty (60) days of the notice of the vacancy,
7654	7654	36 make its nominations and submit to the governor the names of three (3)
7655	7655	37 persons nominated for the forthcoming vacancy.
7656	7656	38 (b) The governor may appoint to the commission one (1) of the three
7657	7657	39 (3) persons nominated by the nominating committee for a vacancy, or
7658	7658	40 the governor may reject all of such nominees. If the governor rejects all
7659	7659	41 of such nominees, he the governor shall so notify the chairman
7660	7660	42 chairperson of the nominating committee, and the committee shall
7661	7661	2024 IN 1267—LS 6912/DI 92 179
7662	7662	1 certify the nominations of three (3) additional candidates to the
7663	7663	2 governor not later than forty (40) days after receipt of such notice. The
7664	7664	3 governor shall fill the vacancy on the commission from one (1) of such
7665	7665	4 additional nominees.
7666	7666	5 SECTION 325. IC 8-1-1.5-7 IS AMENDED TO READ AS
7667	7667	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The nominating
7668	7668	7 committee shall meet from time to time as may be necessary to
7669	7669	8 discharge its responsibilities under this chapter. Meetings of the
7670	7670	9 committee shall be called by its chairman, chairperson, or in the event
7671	7671	10 of his the chairperson's failure to call a meeting when a meeting may
7672	7672	11 be necessary, upon the call of any four (4) members of the committee.
7673	7673	12 The chairman, chairperson, whenever he the chairperson deems a
7674	7674	13 meeting necessary or upon the request of any four (4) members of the
7675	7675	14 committee for a meeting, shall give each member of the committee at
7676	7676	15 least five (5) days written notice by mail of the time and place of every
7677	7677	16 meeting, unless the committee at its previous meeting designated the
7678	7678	17 time and place of its next meeting.
7679	7679	18 (b) Meetings of the nominating committee are to be held at such a
7680	7680	19 place in Indiana as the chairman chairperson of the committee may
7681	7681	20 arrange.
7682	7682	21 (c) The nominating committee shall act only at a meeting and may
7683	7683	22 act only on the concurrence of a majority of its members attending a
7684	7684	23 meeting. Four (4) members shall constitute a quorum. The committee
7685	7685	24 has the power to adopt rules under IC 4-22-2 for the conduct of its
7686	7686	25 proceedings and the discharge of its duties. These rules shall include
7687	7687	26 procedures by which eligible candidates for a vacancy on the
7688	7688	27 commission may submit their names to the nominating committee.
7689	7689	28 SECTION 326. IC 8-1-2-63 IS AMENDED TO READ AS
7690	7690	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 63. Each witness who
7691	7691	30 shall appear before the commission or its agent by its order, shall
7692	7692	31 receive for his the witness's attendance the fees and mileage now
7693	7693	32 provided for witnesses in civil cases in courts of record which shall be
7694	7694	33 audited and paid by the state, in the same manner as other expenses are
7695	7695	34 audited and paid, upon the presentation of proper vouchers sworn to by
7696	7696	35 such witnesses and approved by the chairman chairperson of the
7697	7697	36 commission. No witnesses subpoenaed at the instance of parties other
7698	7698	37 than the commission shall be entitled to compensation from the state
7699	7699	38 for attendance or travel unless the commission shall certify that his the
7700	7700	39 witness's testimony was material to the matter investigated; Provided,
7701	7701	40 That the commission shall have power to pass upon, approve and limit
7702	7702	41 the expenditures of a public utility in connection with a rate case which
7703	7703	42 are to be charged against the rate base and to be amortized over a
7704	7704	2024 IN 1267—LS 6912/DI 92 180
7705	7705	1 period of years as determined by the commission; it being the intent
7706	7706	2 and purpose to prevent excessive expenditures by the utilities for expert
7707	7707	3 witnesses, legal and stenographic expenses in rate hearings and
7708	7708	4 appraisals.
7709	7709	5 SECTION 327. IC 8-1-2.2-8, AS AMENDED BY P.L.136-2018,
7710	7710	6 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7711	7711	7 JULY 1, 2024]: Sec. 8. (a) The governing bodies of two (2) or more
7712	7712	8 municipalities may, by resolution or ordinance, determine that it is in
7713	7713	9 their best interests to create a joint agency, for the purpose of
7714	7714	10 undertaking the planning, financing, ownership, and operation of a
7715	7715	11 project or projects to supply electric power and energy for their present
7716	7716	12 or future needs. Any joint agency created under this chapter shall be a
7717	7717	13 body corporate and politic and a political subdivision of the state, and
7718	7718	14 in exercising its powers under this chapter, it shall be deemed to be
7719	7719	15 exercising a part of the sovereign powers of the state. The activities of
7720	7720	16 the joint agency in carrying out the purposes of this chapter shall
7721	7721	17 constitute state action. A joint agency created under this chapter is
7722	7722	18 considered a governmental entity for purposes of IC 34-13-3.
7723	7723	19 (b) In determining whether or not the creation of a joint agency is in
7724	7724	20 their best interests, the governing bodies shall consider the following:
7725	7725	21 (1) Whether cost reduction, efficiencies, or other advantages may
7726	7726	22 be realized by creating a joint agency.
7727	7727	23 (2) Whether better financial market acceptance may result if a
7728	7728	24 joint agency is responsible for issuing all of the bonds for the
7729	7729	25 project or projects in a timely and orderly manner and with
7730	7730	26 uniform credit ratings as opposed to multiple municipalities
7731	7731	27 making separate issues of bonds.
7732	7732	28 If each governing body determines that it is in the best interests of the
7733	7733	29 municipality to create a joint agency, each governing body shall adopt
7734	7734	30 a mutually acceptable resolution or ordinance so finding (which need
7735	7735	31 not prescribe in detail the basis for the determination), which shall set
7736	7736	32 forth the names of the municipalities proposed to be members of the
7737	7737	33 joint agency and shall authorize any two (2) or more of such
7738	7738	34 municipalities to enter into a contract for the creation of the joint
7739	7739	35 agency. After the execution of the contract, each municipality shall
7740	7740	36 cause notice of the execution of the contract to be given to the
7741	7741	37 presiding officer of the governing body of the municipality. The
7742	7742	38 governing body shall thereupon appoint in writing one (1)
7743	7743	39 commissioner of the joint agency.
7744	7744	40 (c) The appointed commissioners shall convene and issue a
7745	7745	41 statement containing:
7746	7746	42 (1) a brief description of the resolution creating the joint agency;
7747	7747	2024 IN 1267—LS 6912/DI 92 181
7748	7748	1 (2) the name of the agency;
7749	7749	2 (3) the participating municipalities; and
7750	7750	3 (4) the names and addresses of the appointed commissioners.
7751	7751	4 The commissioners shall file copies of the statement with the
7752	7752	5 commission, the secretary of state, and with the recorder of each county
7753	7753	6 in which the member municipal utilities provide service.
7754	7754	7 (d) The joint agency shall consist of a board of commissioners. The
7755	7755	8 governing body of each municipality shall appoint one (1)
7756	7756	9 commissioner who may be an officer or employee of the municipality
7757	7757	10 or a member or employee of the board described in IC 8-1.5-3-3(a).
7758	7758	11 The appointment of a commissioner shall be made by resolution or
7759	7759	12 ordinance. Each commissioner shall have not less than one (1) vote and
7760	7760	13 may have such number of additional votes as a majority of the
7761	7761	14 members of the joint agency shall determine. Each commissioner shall
7762	7762	15 serve at the pleasure of the governing body by which the commissioner
7763	7763	16 was appointed. A person may not serve as a commissioner on behalf of
7764	7764	17 more than one (1) municipality at the same time. Each appointed
7765	7765	18 commissioner before entering upon the commissioner's duties shall
7766	7766	19 take and subscribe to an oath before a person authorized by law to
7767	7767	20 administer oaths to execute the duties of the commissioner's office
7768	7768	21 faithfully and impartially, and a record of the oath shall be filed with
7769	7769	22 the governing body of the appointing municipality and entered in its
7770	7770	23 minutes.
7771	7771	24 (e) The board of commissioners of the joint agency shall annually
7772	7772	25 elect, from among its membership, a chairman chairperson and a vice
7773	7773	26 chairman. chairperson. It shall also annually elect another person or
7774	7774	27 persons, who may be commissioners, as treasurer and secretary. It may
7775	7775	28 also annually elect, if desired, one (1) or more assistant secretaries. The
7776	7776	29 office of treasurer may be held by the secretary or an assistant
7777	7777	30 secretary. The board of commissioners may also appoint additional
7778	7778	31 officers. The secretary or assistant secretary of the joint agency shall
7779	7779	32 keep a record of its proceedings, and the secretary shall be the
7780	7780	33 custodian of all records, books, documents, and papers filed with the
7781	7781	34 joint agency, the minute book or journal of the joint agency, and its
7782	7782	35 official seal. Either the secretary or an assistant secretary of the joint
7783	7783	36 agency may cause copies to be made of all minutes and other records
7784	7784	37 and documents of the joint agency and may give certificates under the
7785	7785	38 official seal of the joint agency to the effect that such copies are true
7786	7786	39 copies, and all persons dealing with the joint agency may rely upon
7787	7787	40 such certificates.
7788	7788	41 (f) A majority of the commissioners of a joint agency constitute a
7789	7789	42 quorum. A vacancy in the board of commissioners of the joint agency
7790	7790	2024 IN 1267—LS 6912/DI 92 182
7791	7791	1 shall not impair the right of a quorum to exercise all the rights and
7792	7792	2 perform all the duties of the joint agency. Any action taken by the joint
7793	7793	3 agency under this chapter may be authorized by resolution at any
7794	7794	4 regular or special meeting, and each resolution takes effect
7795	7795	5 immediately and need not be published or posted. A contract that is
7796	7796	6 approved by a resolution of the board of commissioners may provide
7797	7797	7 that an action may be taken under a delegation provision in the contract
7798	7798	8 if the action taken is consistent with prudent utility practice. A majority
7799	7799	9 of the votes which the convened commissioners are entitled to cast
7800	7800	10 shall be sufficient to take any action or to pass any resolution, so long
7801	7801	11 as the convened commissioners are entitled to cast a majority of the
7802	7802	12 total number of votes held by the full board.
7803	7803	13 (g) Except as provided in this subsection, no commissioner of a joint
7804	7804	14 agency may receive from the joint agency any compensation for the
7805	7805	15 performance of the commissioner's duties under this chapter. However,
7806	7806	16 each commissioner may be paid the commissioner's necessary expenses
7807	7807	17 incurred while engaged in the performance of the commissioner's
7808	7808	18 duties. In addition, a municipality may pay the commissioner it
7809	7809	19 appoints up to fifteen dollars ($15) per day for each day or fraction of
7810	7810	20 a day the commissioner is engaged in the performance of duties under
7811	7811	21 this chapter, but only if the commissioner is not a person holding a
7812	7812	22 lucrative office.
7813	7813	23 (h) The board of commissioners of the joint agency may create an
7814	7814	24 executive committee of the board of commissioners. The board may
7815	7815	25 provide for the composition of the executive committee. The executive
7816	7816	26 committee shall have and shall exercise such of the powers and
7817	7817	27 authority of the board of commissioners during the intervals between
7818	7818	28 the board's meetings as shall be prescribed in the bylaws of the joint
7819	7819	29 agency. The terms of office of the members of the executive committee
7820	7820	30 and the method of filling vacancies on the executive committee shall
7821	7821	31 be fixed by the bylaws of the joint agency.
7822	7822	32 (i) Additional municipalities may join a joint agency upon such
7823	7823	33 terms and conditions as shall be provided in the contract for the
7824	7824	34 creation of the joint agency.
7825	7825	35 SECTION 328. IC 8-1-11.1-3 IS AMENDED TO READ AS
7826	7826	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The board of
7827	7827	37 directors for utilities shall have, within and outside such city as
7828	7828	38 provided in this chapter, the exclusive government, management,
7829	7829	39 regulation, and control of all public utilities consisting of any
7830	7830	40 waterworks, gasworks, electric light works, heating and power plants
7831	7831	41 of any kind or character, telephone and other systems of
7832	7832	42 communication, and local transportation systems of any kind operated
7833	7833	2024 IN 1267—LS 6912/DI 92 183
7834	7834	1 upon, above, or below any street or territory within the city, or outside
7835	7835	2 the city within the limits authorized by law, and all property held by
7836	7836	3 and relating or belonging thereto. Any of which public utilities any
7837	7837	4 such city may acquire or construct for the service of the public as
7838	7838	5 consumers, users, or patrons, and including any public utility and all
7839	7839	6 property which such city may hold as trustee for the benefit of the
7840	7840	7 inhabitants of such city. Such board of directors may furnish and sell
7841	7841	8 service and products of and make all necessary construction,
7842	7842	9 reconstruction, repairs, renewals, enlargements, extensions, or
7843	7843	10 additions to any such plant or property of any such public utility so
7844	7844	11 owned or at any time so held in trust, which in the judgment of the
7845	7845	12 board of directors is desirable or necessary for the proper conduct of
7846	7846	13 such business and the proper serving of the inhabitants of the city and
7847	7847	14 adjacent, contiguous, or suburban communities or territory within the
7848	7848	15 county wherein such city is situated and served, or reasonably capable
7849	7849	16 of being served, in any manner by or with respect to any such utility.
7850	7850	17 (b) The board of directors may lease any such utility property for a
7851	7851	18 term not exceeding thirty-five (35) years to any person, partnership,
7852	7852	19 limited liability company, or corporation, and without the approval of
7853	7853	20 the commission, such lease to be upon such terms and conditions as the
7854	7854	21 board may deem to be to the best interest of such city and the city's
7855	7855	22 inhabitants. No such lease shall be valid or effective until it has been
7856	7856	23 approved by the board of trustees and duly ratified and approved by an
7857	7857	24 ordinance of the city. The board and the city-county legislative body
7858	7858	25 must each vote such approval by a two-thirds (2/3) vote of their total
7859	7859	26 membership. In any such lease an option may be given to such lessee
7860	7860	27 to extend the same for a period not to exceed ten (10) additional years.
7861	7861	28 (c) In connection with the duties devolving upon such board of
7862	7862	29 directors in the government, management, regulation, control, and
7863	7863	30 operation of all such utilities, it may act as follows:
7864	7864	31 (1) To condemn, appropriate, lease, rent, purchase, and hold any
7865	7865	32 real estate, rights-of-way, materials, or personal property within
7866	7866	33 such city or within five (5) miles of the corporate limits of the city
7867	7867	34 needed for the proper giving of service by any such utility to the
7868	7868	35 inhabitants of the city and the community contiguous thereto and
7869	7869	36 served from any such utility plant.
7870	7870	37 (2) To design, order, contract for, and construct any and all
7871	7871	38 necessary or desirable extensions of or additions to any utility
7872	7872	39 plant and property owned or so held in trust by the city, and to
7873	7873	40 enter into all necessary contracts with reference thereto, and with
7874	7874	41 reference to the purchase of materials and supplies needed for the
7875	7875	42 operation of any such plant or plants, in accordance with such
7876	7876	2024 IN 1267—LS 6912/DI 92 184
7877	7877	1 rules as may be adopted by such board of directors, and without
7878	7878	2 the necessity of advertising for bids, or without such other
7879	7879	3 restrictions as are imposed by any law of Indiana with reference
7880	7880	4 to the letting of contracts for work, material, or supplies by
7881	7881	5 municipal bodies or other governmental agencies.
7882	7882	6 (3) To sell any products or byproducts, and enter into executory
7883	7883	7 contracts for the sale, to anyone whatsoever and without any
7884	7884	8 restriction concerning the taking of bids therefor or otherwise.
7885	7885	9 (4) To operate any such plant or plants, to receive and collect all
7886	7886	10 money due on account of such operation or otherwise relating to
7887	7887	11 such plant or plants or business and in connection therewith to
7888	7888	12 employ such managers, superintendents, assistant managers,
7889	7889	13 assistant superintendents, engineers, attorneys, auditors, clerks,
7890	7890	14 foremen, supervisors, and other employees necessary for the
7891	7891	15 proper carrying on and operation of any such utility plant or plants
7892	7892	16 and the business and to fix the compensation of all such
7893	7893	17 employees. No contract of employment shall be made for a longer
7894	7894	18 fixed period than four (4) years. However, a contract of
7895	7895	19 employment may be extended or renewed from time to time
7896	7896	20 thereafter. The directors may elect from their membership an
7897	7897	21 executive committee consisting of not more than three (3), who
7898	7898	22 may be assigned to the supervision of any one (1) or more of such
7899	7899	23 utilities and who shall, in the intervals between the meetings of
7900	7900	24 the directors, exercise all the powers and duties of the directors,
7901	7901	25 all of their acts to be subject, however, to the approval of the
7902	7902	26 directors, and to fix any such additional compensation to the
7903	7903	27 members of the executive committee, in addition to their salaries
7904	7904	28 as directors, as shall be reasonable. The additional compensation
7905	7905	29 shall be fixed by a resolution of the directors entered of record at
7906	7906	30 the time of the appointment of the executive committee.
7907	7907	31 Whenever any such city shall acquire, hold, own, or so hold in
7908	7908	32 trust for the city's inhabitants more than one (1) such public utility
7909	7909	33 and the property of the city, such board of directors shall have
7910	7910	34 power to select additional executive committees from their
7911	7911	35 membership in the same manner and with the same power as the
7912	7912	36 executive committee first selected, which committee may be
7913	7913	37 assigned by such board to any such utilities deemed necessary. In
7914	7914	38 the selection of employees, other than managers, superintendents,
7915	7915	39 assistant managers, assistant superintendents, engineers,
7916	7916	40 attorneys, and auditors, the board of directors shall provide for a
7917	7917	41 merit system of employment to be determined by competitive
7918	7918	42 examination, except as to unskilled and common laborers, in
7919	7919	2024 IN 1267—LS 6912/DI 92 185
7920	7920	1 which political, religious, or other personal affiliations may not be
7921	7921	2 considered. In selecting managers the directors shall consider
7922	7922	3 character, training, and general expert and executive fitness and
7923	7923	4 experience for the position in the particular utility to which such
7924	7924	5 manager is to be assigned, as the necessary requirements for
7925	7925	6 appointment.
7926	7926	7 (5) To rent such offices and other real estate and property for the
7927	7927	8 conduct of the business of such utility or utilities as may be
7928	7928	9 deemed needful and enter into contracts with reference to the
7929	7929	10 rental and use of the offices, real estate, and property. No such
7930	7930	11 contract shall be made for a longer period than ten (10) years.
7931	7931	12 (6) In the event there be an open mortgage upon any utility
7932	7932	13 property acquired by any such city, either in absolute ownership
7933	7933	14 or in trust, by the terms of which mortgage additional bonds may
7934	7934	15 be taken down from the trustee under such mortgage to meet in
7935	7935	16 whole or in part the cost of extensions and improvements to the
7936	7936	17 mortgaged property, the board of directors may perform all things
7937	7937	18 necessary in order to secure the benefit of such mortgage
7938	7938	19 provisions and to enable the escrow bonds held by the trustee
7939	7939	20 under any such mortgage to be taken down and sold in order to
7940	7940	21 defray the cost of any extensions and betterments to such property
7941	7941	22 and to sell any such bonds so taken down for the purpose of
7942	7942	23 assisting in defraying the costs of any such extensions or
7943	7943	24 betterments to such property.
7944	7944	25 (7) To take over, adopt, and assume the performance of the
7945	7945	26 provisions of any lease under which any utility property may be
7946	7946	27 held at the time of the acquisition of any utility by any such city,
7947	7947	28 either in absolute ownership or in trust and to take any and all
7948	7948	29 steps necessary to perform and fulfill the terms of any such lease,
7949	7949	30 and to obtain and preserve the benefits from the lease. In the
7950	7950	31 event there be any outstanding open mortgage upon the property
7951	7951	32 covered by such lease so taken over under the provisions of which
7952	7952	33 bonds may be withdrawn from the trustee under such mortgage
7953	7953	34 for the purpose of paying all or part of the cost of additions to the
7954	7954	35 property covered by such mortgage, to do all things necessary in
7955	7955	36 order to secure the benefit of such mortgage provisions and to
7956	7956	37 enable the escrow bonds held by the trustee under any such
7957	7957	38 mortgage to be taken down and sold in order to defray the cost of
7958	7958	39 any extensions and betterments to such leased property and to sell
7959	7959	40 any such bonds so taken down for the purpose of assisting in
7960	7960	41 defraying the costs of any such extensions or betterments to such
7961	7961	42 leased property.
7962	7962	2024 IN 1267—LS 6912/DI 92 186
7963	7963	1 (8) To preserve the corporate organization of any company
7964	7964	2 engaged in the mining of coal, or any other commercial or
7965	7965	3 manufacturing business, the stock of which may be owned by any
7966	7966	4 utility whose property and assets may be taken over by any such
7967	7967	5 city, either in absolute ownership or in trust and in connection
7968	7968	6 with the taking of the property by the city to cause the stock of
7969	7969	7 any such company to be issued in the name of the board of
7970	7970	8 directors for utilities except as to qualifying shares for directors
7971	7971	9 and to cause such qualifying shares to be issued in the names of
7972	7972	10 such individuals as the board of directors may name and to vote
7973	7973	11 any such stock for the election of directors, who may be members
7974	7974	12 of such board of trustees for utilities. However, no member of
7975	7975	13 such board of directors shall receive any compensation, directly
7976	7976	14 or indirectly, as a director, officer, or employee of any such
7977	7977	15 company, other than the compensation provided in this chapter as
7978	7978	16 a member of the board of directors for utilities. Through the
7979	7979	17 control thus given of any company, the board of directors for
7980	7980	18 utilities shall be authorized to do all things necessary to cause any
7981	7981	19 such coal mining company or other company efficiently to carry
7982	7982	20 on its operations and to conduct its business in the same manner
7983	7983	21 as if its stocks were owned by private individuals.
7984	7984	22 (9) To adopt rules for service and rates for service in connection
7985	7985	23 with the furnishing of any public utility service by the city to
7986	7986	24 consumers, users, or patrons. However, any such rules and rates
7987	7987	25 for service shall be in effect only after the rules and rates have
7988	7988	26 been filed with and approved by the commission and such
7989	7989	27 approval shall be granted by the commission only after notice of
7990	7990	28 hearing and hearing as provided by IC 8-1-1 and IC 8-1-2, and
7991	7991	29 only after determining compliance of the rates of service with
7992	7992	30 IC 8-1.5-3-8 and IC 8-1.5-3-10 and only after determining
7993	7993	31 compliance of the rules of service with IC 8-1-1 and IC 8-1-2,
7994	7994	32 along with the rules and standards of service for municipal
7995	7995	33 utilities of Indiana approved by the commission.
7996	7996	34 (10) To take over all contracts and rights of any kind or character,
7997	7997	35 and to fulfill and perform all obligations relating to the property
7998	7998	36 and business of any utility company whose property may be taken
7999	7999	37 over by any such city, either in absolute ownership or in trust.
8000	8000	38 (11) To make all rules and bylaws customary in private
8001	8001	39 corporations for their own conduct of business and necessary for
8002	8002	40 the proper government and supervision of the utilities under their
8003	8003	41 control. Any such rules and bylaws shall be subject to the
8004	8004	42 approval of the board of trustees.
8005	8005	2024 IN 1267—LS 6912/DI 92 187
8006	8006	1 SECTION 329. IC 8-1-15-3 IS AMENDED TO READ AS
8007	8007	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Any person feeling
8008	8008	3 himself aggrieved by the proposed vacation or relocation may file a
8009	8009	4 written remonstrance with the court at any time prior to the time set
8010	8010	5 forth for hearing upon any one or more of the following grounds and no
8011	8011	6 other to wit:
8012	8012	7 (a) (1) That the highway or portion thereof proposed to be vacated
8013	8013	8 or relocated is necessary to the growth of the county or counties
8014	8014	9 in which it is located.
8015	8015	10 (b) (2) That the proposed vacation or relocation will leave the real
8016	8016	11 estate of the remonstrant without means of ingress or egress by a
8017	8017	12 public highway.
8018	8018	13 (c) (3) That such vacation or relocation will deny the public
8019	8019	14 access to some public building, church or school or public
8020	8020	15 grounds.
8021	8021	16 (d) (4) That the material allegations of the petition or any of them
8022	8022	17 are not true.
8023	8023	18 SECTION 330. IC 8-1.5-3-3, AS AMENDED BY P.L.164-2019,
8024	8024	19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8025	8025	20 JULY 1, 2024]: Sec. 3. (a) The legislative body of a municipality may,
8026	8026	21 by ordinance, provide for the control of any or all of its municipally
8027	8027	22 owned utilities by:
8028	8028	23 (1) the municipal works board;
8029	8029	24 (2) a board consisting of the members of the municipal legislative
8030	8030	25 body;
8031	8031	26 (3) a utility service board established under subsection (f) or
8032	8032	27 established before January 1, 1983, under IC 8-1-2-100
8033	8033	28 (repealed); or
8034	8034	29 (4) the board of directors of a department of waterworks
8035	8035	30 established under IC 8-1.5-4.
8036	8036	31 The legislative body of a third class city also may adopt an ordinance
8037	8037	32 under this subsection to provide for the control of any or all of its storm
8038	8038	33 water facilities by a board described in subdivisions (1) through (4). An
8039	8039	34 ordinance granting control of any or all of a third class city's storm
8040	8040	35 water facilities to a board described in this subsection may be separate
8041	8041	36 from or combined with an ordinance granting control of the third class
8042	8042	37 city's municipally owned utilities to a board described in this
8043	8043	38 subsection.
8044	8044	39 (b) If, at the time an ordinance is adopted under subsection (a) to
8045	8045	40 grant control of any or all of a third class city's storm water facilities to
8046	8046	41 a board described in subsection (a) the third class city has a department
8047	8047	42 of storm water management under IC 8-1.5-5, the ordinance must
8048	8048	2024 IN 1267—LS 6912/DI 92 188
8049	8049	1 specify a procedure for the transition of control of the affected storm
8050	8050	2 water facilities from the board of directors of the department of storm
8051	8051	3 water management to the board described in subsection (a).
8052	8052	4 (c) The registered voters of a municipality may file a petition
8053	8053	5 addressed to the legislative body requesting that the question of the
8054	8054	6 creation of a utility service board be submitted to a referendum. The
8055	8055	7 petition must be signed by at least the number of the registered voters
8056	8056	8 of the municipality required under IC 3-8-6-3 to place a candidate on
8057	8057	9 the ballot.
8058	8058	10 (d) Within thirty (30) days after a petition is filed, the municipal
8059	8059	11 clerk shall certify to the legislative body and to the county election
8060	8060	12 board that a sufficient petition has been filed.
8061	8061	13 (e) Following certification, the legislative body shall submit the
8062	8062	14 question of the creation of a utility service board to a referendum at the
8063	8063	15 next election. The question shall be submitted to the registered voters
8064	8064	16 of the municipality by placement on the ballot in the form prescribed
8065	8065	17 by IC 3-10-9-4 and must state:
8066	8066	18 "Shall the legislative body of the municipality of _____________
8067	8067	19 adopt an ordinance providing for the appointment of a utility service
8068	8068	20 board to operate ____________ (Insert name of utility here)?".
8069	8069	21 (f) If a majority of the voters voting on the question vote for the
8070	8070	22 creation of a utility service board, the legislative body shall, by
8071	8071	23 ordinance, establish a utility service board consisting of not less than
8072	8072	24 three (3) nor more than seven (7) members. All members must be
8073	8073	25 residents of the area served by the board. The ordinance must provide
8074	8074	26 for:
8075	8075	27 (1) a majority of the members to be appointed by the executive
8076	8076	28 and a minority of the members to be appointed by the legislative
8077	8077	29 body;
8078	8078	30 (2) the terms of the members, which may not exceed four (4)
8079	8079	31 years, with initial terms prescribed so that the members' terms will
8080	8080	32 be staggered;
8081	8081	33 (3) the salaries, if any, to be paid to the members; and
8082	8082	34 (4) the selection by the board of a chairman, chairperson, who
8083	8083	35 shall not be considered the head of a department for purposes of
8084	8084	36 IC 36-4-9-2.
8085	8085	37 (g) The registered voters of the municipality may also file a petition
8086	8086	38 requesting that the question of the abolition of the utility service board
8087	8087	39 be submitted to a referendum. The procedure for filing of the petition
8088	8088	40 and the referendum is the same as that prescribed by subsections (c)
8089	8089	41 through (e).
8090	8090	42 SECTION 331. IC 8-3-7-2 IS AMENDED TO READ AS
8091	8091	2024 IN 1267—LS 6912/DI 92 189
8092	8092	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. In case any railroad
8093	8093	2 company shall refuse or neglect to comply with the requirements
8094	8094	3 specified in section 1 of this chapter, such company shall be liable in
8095	8095	4 a penalty of twenty-five dollars ($25), to be prosecuted for in an action
8096	8096	5 of debt by any person feeling himself aggrieved. Said suit may be
8097	8097	6 brought before any court in the county, who shall require of the
8098	8098	7 complainant surety to pay costs in case he the complainant fails to
8099	8099	8 maintain his the action. Summons may be served on any agent or
8100	8100	9 officer of the company.
8101	8101	10 SECTION 332. IC 8-3-17-1 IS AMENDED TO READ AS
8102	8102	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Upon the application
8103	8103	12 in writing of a company owning, leasing, using, or operating a railroad
8104	8104	13 in Indiana accompanied by the statements of three (3) reputable Indiana
8105	8105	14 citizens testifying to the moral character of the applicant, the Indiana
8106	8106	15 department of transportation shall appoint and commission persons the
8107	8107	16 company designates and the department finds to be suitable and
8108	8108	17 qualified persons, to act as policemen police officers for the company,
8109	8109	18 upon the premises of the company, or elsewhere within Indiana, when
8110	8110	19 engaged in the discharge of their duties as policemen police officers
8111	8111	20 for that company. Every policeman police officer appointed shall be
8112	8112	21 known as a railroad policeman police officer and shall be a person of
8113	8113	22 good moral character. The policeman police officer shall be
8114	8114	23 commissioned so long as the policeman police officer is employed by
8115	8115	24 the company on whose application the policeman police officer was
8116	8116	25 appointed, unless the policeman's police officer's commission is
8117	8117	26 sooner revoked by the Indiana department of transportation for good
8118	8118	27 cause shown, or by the company on whose application the railroad
8119	8119	28 policeman police officer was appointed, as provided in section 8 of this
8120	8120	29 chapter.
8121	8121	30 SECTION 333. IC 8-3-17-2 IS AMENDED TO READ AS
8122	8122	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Every policeman
8123	8123	32 police officer appointed under this chapter shall, before entering upon
8124	8124	33 the duties of office, take and subscribe an oath of office, which shall be
8125	8125	34 endorsed upon the officer's commission, and the commission, with the
8126	8126	35 oath, shall be recorded in the office of the clerk of the circuit court of
8127	8127	36 the county in which the policeman police officer resides. Every
8128	8128	37 policeman police officer who is appointed and commissioned as
8129	8129	38 provided in this chapter shall have, exercise, and possess, throughout
8130	8130	39 Indiana, while engaged in the discharge of the police officer's duties as
8131	8131	40 a policeman, police officer, the powers of sheriffs, marshals,
8132	8132	41 constables, and municipal police officers, except in the service of civil
8133	8133	42 process.
8134	8134	2024 IN 1267—LS 6912/DI 92 190
8135	8135	1 (b) A policeman police officer who is appointed and commissioned
8136	8136	2 under this chapter must wear a distinctive uniform and a badge of
8137	8137	3 authority or must operate a motor vehicle that is clearly marked as a
8138	8138	4 police vehicle when exercising the officer's authority to arrest or issue
8139	8139	5 a traffic information and summons to a person for the violation of a law
8140	8140	6 or ordinance regulating the use and operation of a motor vehicle on a
8141	8141	7 public highway.
8142	8142	8 SECTION 334. IC 8-3-17-3 IS AMENDED TO READ AS
8143	8143	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Such policemen
8144	8144	10 police officers shall enforce and compel obedience to the laws of this
8145	8145	11 state and to the ordinances of the cities and towns thereof, when
8146	8146	12 engaged in the discharge of their duties as policemen police officers
8147	8147	13 for such company, and the keepers of jails, lock-ups and station-houses,
8148	8148	14 in any county, city or town shall receive all persons arrested by such
8149	8149	15 policemen police officers for the commission of any offense against
8150	8150	16 the laws of this state, or the ordinances of any such city or town, to be
8151	8151	17 dealt with according to law, and persons so arrested shall be received
8152	8152	18 by such keepers of jails, lock-ups or station-houses, on the same basis,
8153	8153	19 and such persons shall have the same status as prisoners arrested by
8154	8154	20 any other peace officer of the state of Indiana.
8155	8155	21 SECTION 335. IC 8-3-17-3.5 IS AMENDED TO READ AS
8156	8156	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) All railroad
8157	8157	23 police commissioned under this chapter shall, within one (1) year of
8158	8158	24 their commissioning, successfully complete all educational and training
8159	8159	25 requirements established by rule of the Indiana department of
8160	8160	26 transportation.
8161	8161	27 (b) Any newly commissioned railroad policeman police officer who
8162	8162	28 has had previous law enforcement experience and schooling which
8163	8163	29 exceeds the training requirements established by the Indiana
8164	8164	30 department of transportation may, upon proof of the policeman's police
8165	8165	31 officer's previous experience and training, obtain a waiver of the
8166	8166	32 training requirements imposed by this section.
8167	8167	33 SECTION 336. IC 8-3-17-4 IS AMENDED TO READ AS
8168	8168	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Every policeman
8169	8169	35 police officer so appointed and commissioned shall, when on duty, as
8170	8170	36 herein provided, wear a metallic badge, with the word "Police" and the
8171	8171	37 name of the railroad company for which he the police officer is
8172	8172	38 appointed, inscribed thereon, and he the police officer shall exhibit
8173	8173	39 such badge, on demand, and before making an arrest.
8174	8174	40 SECTION 337. IC 8-3-17-5 IS AMENDED TO READ AS
8175	8175	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The compensation
8176	8176	42 for such policemen police officers shall be paid by the company for
8177	8177	2024 IN 1267—LS 6912/DI 92 191
8178	8178	1 which they are respectively appointed.
8179	8179	2 SECTION 338. IC 8-3-17-6 IS AMENDED TO READ AS
8180	8180	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Every policeman
8181	8181	4 police officer appointed and commissioned shall, before entering upon
8182	8182	5 the discharge of the policeman's police officer's duties, give a surety
8183	8183	6 bond of five thousand dollars ($5,000), conditioned upon the faithful
8184	8184	7 performance of the policeman's police officer's duties. All the bonds
8185	8185	8 shall be filed with and approved by the Indiana department of
8186	8186	9 transportation, and, upon filing the bond, the policeman police officer
8187	8187	10 shall pay to the department ten dollars ($10).
8188	8188	11 SECTION 339. IC 8-3-17-7 IS AMENDED TO READ AS
8189	8189	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Upon the issuance
8190	8190	13 of a commission to any policeman, police officer, as provided for in
8191	8191	14 this chapter, the Indiana department of transportation shall also issue
8192	8192	15 to that policeman police officer a certificate certifying that the
8193	8193	16 commission has been issued, giving the name of the policeman police
8194	8194	17 officer commissioned, the name of the railroad company that
8195	8195	18 policeman police officer represents, and designating the date on which
8196	8196	19 the commission was issued. The certificates shall be of the form, size,
8197	8197	20 and description as the department may determine.
8198	8198	21 SECTION 340. IC 8-3-17-8 IS AMENDED TO READ AS
8199	8199	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. When a company no
8200	8200	23 longer requires the services of a policeman, police officer, it shall file
8201	8201	24 a notice to that effect, under its corporate seal, with the clerk of the
8202	8202	25 circuit court of the county where the commission of that policeman
8203	8203	26 police officer is recorded, which shall be noted by the clerk of the
8204	8204	27 circuit court upon the margin of the record where the commission is
8205	8205	28 recorded. The company shall also file notice with the Indiana
8206	8206	29 department of transportation. Thereupon, the powers of that policeman
8207	8207	30 police officer terminate.
8208	8208	31 SECTION 341. IC 8-4-1-19, AS AMENDED BY P.L.146-2017,
8209	8209	32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8210	8210	33 JULY 1, 2024]: Sec. 19. At any time after an attempt to acquire title by
8211	8211	34 appraisal of damages or otherwise, if it shall be found that the title
8212	8212	35 thereby attempted to be acquired is defective, the rail carrier may
8213	8213	36 proceed anew to acquire or perfect the same in the same manner as if
8214	8214	37 no appraisal had been made. At any stage of such new proceedings, the
8215	8215	38 court may authorize the rail carrier, if in possession, to continue in
8216	8216	39 possession, and, if not in possession, to take possession of and use such
8217	8217	40 real estate during the pendency and until the final conclusion of such
8218	8218	41 new proceedings; and may stay all actions and proceedings against the
8219	8219	42 rail carrier, or any officer, agent or workman worker of the rail carrier,
8220	8220	2024 IN 1267—LS 6912/DI 92 192
8221	8221	1 on account thereof, on the rail carrier paying into court a sufficient
8222	8222	2 sum, as the court may direct to pay the compensation therefor when
8223	8223	3 finally ascertained; and in every such case, the party interested in such
8224	8224	4 real estate may conduct the proceedings to a conclusion, if the rail
8225	8225	5 carrier delays or omits to prosecute the same.
8226	8226	6 SECTION 342. IC 8-4-1-24 IS AMENDED TO READ AS
8227	8227	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 24. Every conductor,
8228	8228	8 baggagemaster, engineer, brakeman, brake person, or other servant of
8229	8229	9 any such railroad corporation, employed on a passenger train or at
8230	8230	10 stations for passengers, shall wear upon his the person's hat or cap a
8231	8231	11 badge, which shall indicate his the person's office and the initialed
8232	8232	12 letters of the style of the corporation by which he the person is
8233	8233	13 employed. No collector or conductor, without such badge, shall
8234	8234	14 demand or be entitled to receive from any passenger any fare, toll or
8235	8235	15 ticket, or exercise any of the powers of his the person's office; and no
8236	8236	16 other of said officers or servants, without such badge, shall have any
8237	8237	17 authority to meddle or interfere with any passenger or property.
8238	8238	18 SECTION 343. IC 8-6-5-1 IS AMENDED TO READ AS
8239	8239	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. All railroads owned
8240	8240	20 or operated in the state having more than two (2) tracks across any
8241	8241	21 public highway or road, and used for switching purposes exclusively
8242	8242	22 or regularly, or if only one (1) track and used for switching purposes,
8243	8243	23 said railroad corporation shall, upon the order of the county
8244	8244	24 commissioners in which said railroad is located, place a flagman
8245	8245	25 flagger at said crossing and maintain the same at their expense from
8246	8246	26 six o'clock a.m. to eight o'clock p.m. of each day and every day, or so
8247	8247	27 long as said commissioners deem it necessary.
8248	8248	28 SECTION 344. IC 8-6-14-2 IS AMENDED TO READ AS
8249	8249	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. When such railroad
8250	8250	30 is fenced on one (1) or both sides at the point where such way is
8251	8251	31 constructed, such owner shall erect and maintain substantial gates in
8252	8252	32 the line of such fence or fences across such way, and keep the same
8253	8253	33 securely locked when not in use by himself the owner or the owner's
8254	8254	34 employees.
8255	8255	35 SECTION 345. IC 8-8-3-1 IS AMENDED TO READ AS
8256	8256	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. In addition to the
8257	8257	37 powers granted the Indiana department of transportation in other
8258	8258	38 statutes, the department shall investigate whether or not locomotive
8259	8259	39 engines are constructed and built so that the engineer and fireman
8260	8260	40 stoker employed and working thereon and operating the locomotive
8261	8261	41 engine are, at all times when operating the locomotive engine, in plain
8262	8262	42 view and sight of each other and so situated and located in the
8263	8263	2024 IN 1267—LS 6912/DI 92 193
8264	8264	1 performance of their duties that when so at work, engaged in operating
8265	8265	2 and running the locomotive engines, there are no walls, partitions,
8266	8266	3 machinery, parts, or appliances of the engine or other obstructions to
8267	8267	4 prevent the fireman stoker and engineer from readily, quickly, and
8268	8268	5 easily seeing and communicating with each other.
8269	8269	6 SECTION 346. IC 8-8-3-3 IS AMENDED TO READ AS
8270	8270	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The Indiana
8271	8271	8 department of transportation may require locomotive engines to be so
8272	8272	9 constructed that the engineer and fireman's stoker's view ahead from
8273	8273	10 the front cab windows is clear and unobstructed by any part of the
8274	8274	11 engine, equipment, or appliances used or operated, and constructed that
8275	8275	12 the cab deck shall be of the same height, and shall give the fireman
8276	8276	13 stoker and engineer operating the locomotive engine an even surface
8277	8277	14 to stand and work upon, and constructed that the switch engines have
8278	8278	15 the tank and tender built so that the engineer and fireman stoker
8279	8279	16 operating and controlling the locomotive engine can have a clear view
8280	8280	17 along the track, both front and rear, without the view being obstructed
8281	8281	18 by part of the engine, tank, or tender.
8282	8282	19 SECTION 347. IC 8-9-5-1 IS AMENDED TO READ AS
8283	8283	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. A person who
8284	8284	21 operates a locomotive engine, upon any railroad in Indiana more than
8285	8285	22 twenty-five (25) miles in length, without having worked or served for
8286	8286	23 the preceding six (6) months as a fireman stoker or engineer on a
8287	8287	24 locomotive engine, commits a Class C infraction. Each day he the
8288	8288	25 person so operates such an engine constitutes a separate offense. A
8289	8289	26 person who for part of the six (6) months has worked or served as a
8290	8290	27 fireman stoker on a locomotive engine and for the remainder of the
8291	8291	28 period has worked or served as an engineer on such a locomotive
8292	8292	29 engine is considered to have the qualifications required by this chapter
8293	8293	30 to operate a locomotive engine.
8294	8294	31 SECTION 348. IC 8-9-5-2 IS AMENDED TO READ AS
8295	8295	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. If any person shall
8296	8296	33 act or serve as a conductor on a railroad train upon any railroad in the
8297	8297	34 state of Indiana which is more than twenty-five (25) miles in length
8298	8298	35 without, for one (1) year prior thereto, having worked or served as a
8299	8299	36 brakeman brake person or conductor on a railroad train, he the person
8300	8300	37 commits a Class C infraction, and each day he the person so acts or
8301	8301	38 serves shall constitute a separate offense: Provided, That any person
8302	8302	39 who for part of said period of one (1) year has worked or served as a
8303	8303	40 brakeman brake person on a railroad train and for the remainder of
8304	8304	41 such period has worked or served as a conductor on such a train shall
8305	8305	42 be deemed to possess the qualifications required by this chapter to
8306	8306	2024 IN 1267—LS 6912/DI 92 194
8307	8307	1 serve or act as such a conductor.
8308	8308	2 SECTION 349. IC 8-9-5-5 IS AMENDED TO READ AS
8309	8309	3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Nothing in this
8310	8310	4 chapter shall be construed as applying to the running or operating of
8311	8311	5 engines in taking engines to or from trains at division terminals by
8312	8312	6 engine hostlers, or the shifting of cars or making up trains, or doing any
8313	8313	7 work appurtenant thereto to any engine-houses, train or freight yards
8314	8314	8 by switchman switch person or yardman, yard person, or in the case
8315	8315	9 of the disability of a qualified engineer or conductor while out on the
8316	8316	10 road between division terminals, or in case of strike, where such
8317	8317	11 companies can not obtain employees mentioned in this chapter who
8318	8318	12 have the qualifications prescribed by the provisions thereof, than such
8319	8319	13 companies may employ temporary firemen, stokers, engineers and
8320	8320	14 conductors who have not the qualifications prescribed by this chapter,
8321	8321	15 but no such employment shall continue longer than such companies can
8322	8322	16 supply their respective places with employees who have the
8323	8323	17 qualifications prescribed by this chapter. And, provided further, That
8324	8324	18 nothing herein contained shall relieve any such companies from the
8325	8325	19 negligence of any of its employees.
8326	8326	20 SECTION 350. IC 8-9-6-1 IS AMENDED TO READ AS
8327	8327	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. It is a Class C
8328	8328	22 infraction for a railroad company to allow any person to fill the position
8329	8329	23 of an engineer, fireman, stoker, conductor, baggagemaster, brakeman,
8330	8330	24 brake person, or flagman flagger unless regularly employed as such.
8331	8331	25 This section does not prevent any railroad company using any person
8332	8332	26 in case of injury or sickness occurring between terminals to any
8333	8333	27 engineer, fireman, stoker, conductor, baggagemaster, brakeman, brake
8334	8334	28 person, or flagman. flagger.
8335	8335	29 SECTION 351. IC 8-9-12-2, AS AMENDED BY P.L.50-2011,
8336	8336	30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8337	8337	31 JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "operating crew
8338	8338	32 member" means a railroad employee who is able to:
8339	8339	33 (1) read and understand the timetables of the carrier that employs
8340	8340	34 the railroad employee;
8341	8341	35 (2) read ordinary handwriting in the English language;
8342	8342	36 (3) speak, hear, and understand the English language; and
8343	8343	37 (4) see, distinguish, and understand the signals required by the
8344	8344	38 book of rules of the carrier governing the operation of the
8345	8345	39 locomotives and trains of the carrier.
8346	8346	40 (b) In addition to satisfying the requirements of subsection (a), the
8347	8347	41 following railroad employees must pass the regular examination
8348	8348	42 prescribed by the carrier concerning the rules and regulations
8349	8349	2024 IN 1267—LS 6912/DI 92 195
8350	8350	1 governing their particular position:
8351	8351	2 (1) Engineers.
8352	8352	3 (2) Conductors.
8353	8353	4 (3) Flagmen. Flaggers.
8354	8354	5 (4) Firemen, Stokers, brakemen, brake persons, or yard
8355	8355	6 brakemen brake persons, or helpers.
8356	8356	7 (5) Yard conductors or foremen. supervisors.
8357	8357	8 SECTION 352. IC 8-9.5-7-4 IS AMENDED TO READ AS
8358	8358	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The district
8359	8359	10 created under this chapter shall be governed by and under control of a
8360	8360	11 commission having five (5) members, two (2) of whom shall be
8361	8361	12 appointed by the executive of the city, two (2) of whom shall be
8362	8362	13 appointed by the city legislative body, and one (1) of whom shall be the
8363	8363	14 head of the city's department of public works or department of
8364	8364	15 transportation. The term of office for a commission member for a
8365	8365	16 district created by the legislative body is one (1) year after the
8366	8366	17 member's appointment, except that the member shall serve until a
8367	8367	18 successor has qualified for the office. Thereafter, the landowners,
8368	8368	19 including corporate landowners, shall elect five (5) members to
8369	8369	20 succeed the original members of the commission under the bylaws of
8370	8370	21 the commission for a term of one (1) year. Each member, otherwise
8371	8371	22 qualified, is eligible for reappointment to successive terms.
8372	8372	23 (b) The commission members shall not receive a salary for serving
8373	8373	24 but shall receive a per diem payment and expenses similar to those paid
8374	8374	25 members of other special taxing district boards.
8375	8375	26 (c) The commission shall elect, at its first regular meeting and
8376	8376	27 annually thereafter, one (1) of its members president, and another of its
8377	8377	28 members vice president, who shall perform the duties of the president
8378	8378	29 during the absence or disability of the president. Such commission
8379	8379	30 shall have a suitable office where its maps, plans, documents, records
8380	8380	31 and accounts shall be kept, subject to public inspection at all
8381	8381	32 reasonable times.
8382	8382	33 (d) The commission shall by rule provide for regular meetings to be
8383	8383	34 held not less than at semimonthly intervals throughout the year. The
8384	8384	35 commission shall keep its meetings open to the public.
8385	8385	36 (e) The commission shall convene in a special meeting when such
8386	8386	37 a meeting is called. The chairman chairperson or a majority of the
8387	8387	38 members of the commission may call a special meeting. The
8388	8388	39 commission shall establish a procedure for calling special meetings.
8389	8389	40 (f) Three (3) members of the commission constitute a quorum for a
8390	8390	41 meeting. The commission may act officially by an affirmative vote of
8391	8391	42 a majority of those present at the meeting at which the action is taken.
8392	8392	2024 IN 1267—LS 6912/DI 92 196
8393	8393	1 (g) The commission shall cause a written record of its proceedings
8394	8394	2 to be kept which shall be available for public inspection in the office
8395	8395	3 of the commission. The commission shall record in the record the aye
8396	8396	4 and nay vote on the passage of each item of business.
8397	8397	5 (h) The commission shall adopt bylaws under which its meetings are
8398	8398	6 to be held. The bylaws must provide that the vote of each member shall
8399	8399	7 be in the same proportion that the assessed value of all of the members'
8400	8400	8 land sites are to the assessed value of all the land sites within the
8401	8401	9 district. The commission may suspend the bylaws by unanimous vote
8402	8402	10 of the members of the commission who are present at the meeting. The
8403	8403	11 commission shall not suspend the bylaws beyond the duration of the
8404	8404	12 meeting at which the suspension of rules occurs.
8405	8405	13 (i) The commission may exercise the powers to supervise its internal
8406	8406	14 affairs which are common to municipal legislative and administrative
8407	8407	15 bodies.
8408	8408	16 SECTION 353. IC 8-10-1-3, AS AMENDED BY P.L.98-2008,
8409	8409	17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8410	8410	18 JULY 1, 2024]: Sec. 3. (a) The ports of Indiana is created as a body
8411	8411	19 both corporate and politic in the state of Indiana, and the exercise of the
8412	8412	20 powers conferred by this article in the construction, operation, and
8413	8413	21 maintenance of a port or project shall be deemed and held to be
8414	8414	22 essential governmental functions of the state.
8415	8415	23 (b) The ports of Indiana shall be governed by a commission
8416	8416	24 consisting of seven (7) members, appointed by the governor, no more
8417	8417	25 than four (4) of whom shall be members of the same political party.
8418	8418	26 The members shall be residents of the state, and shall have been
8419	8419	27 qualified electors therein for a period of at least five (5) years next
8420	8420	28 preceding their appointment. The members of the commission first
8421	8421	29 appointed shall continue in office for terms expiring, in the case of two
8422	8422	30 (2) members, on July 1, 1962, and in the case of three (3) members, on
8423	8423	31 July 1, 1963, July 1, 1964, and July 1, 1965, and the first two (2)
8424	8424	32 members appointed after January 1, 1975, shall continue in office for
8425	8425	33 terms expiring July 1, 1977, for one (1) member and July 1, 1979, for
8426	8426	34 the other member, respectively, and until their respective successors
8427	8427	35 shall be duly appointed and qualified. The term of any member of the
8428	8428	36 commission first appointed shall be designated by the governor. The
8429	8429	37 successor of each such member shall be appointed for a term of four (4)
8430	8430	38 years, except that any person appointed to fill a vacancy shall be
8431	8431	39 appointed to serve only for the unexpired term and until a successor is
8432	8432	40 duly appointed and qualified, and a member of the commission shall be
8433	8433	41 eligible for reappointment. The governor may at any time remove any
8434	8434	42 member of the commission for misfeasance, nonfeasance, or
8435	8435	2024 IN 1267—LS 6912/DI 92 197
8436	8436	1 malfeasance in office. The members of the commission shall, within
8437	8437	2 ten (10) days after their appointment, meet and qualify by subscribing
8438	8438	3 an oath to discharge honestly and faithfully the duties of their office as
8439	8439	4 members of the commission. The commission shall elect one (1) of the
8440	8440	5 members as chairman chairperson and another as vice-chairman, vice
8441	8441	6 chairperson, and shall appoint a secretary-treasurer who need not be
8442	8442	7 a member of the commission. Four (4) members of the commission
8443	8443	8 shall constitute a quorum, and the affirmative vote of four (4) members
8444	8444	9 shall be necessary for any official action taken by the commission. A
8445	8445	10 vacancy in the membership of the commission does not impair the
8446	8446	11 rights of a quorum to exercise all the rights and perform all the duties
8447	8447	12 of the commission.
8448	8448	13 (c) Before the issuance of any revenue bonds under the provisions
8449	8449	14 of this article:
8450	8450	15 (1) each appointed member of the commission;
8451	8451	16 (2) the secretary-treasurer; and
8452	8452	17 (3) any other employee or agent of the ports of Indiana authorized
8453	8453	18 by resolution of the commission to handle funds or sign checks;
8454	8454	19 shall give a surety bond to the state in the penal sum of fifty thousand
8455	8455	20 dollars ($50,000). Each such surety bond must be conditioned upon the
8456	8456	21 faithful performance of the individual's duties, to be executed by a
8457	8457	22 surety company authorized to transact business in the state as surety
8458	8458	23 and to be approved by the governor and filed in the office of the
8459	8459	24 secretary of state.
8460	8460	25 (d) Each appointed member of the commission shall receive an
8461	8461	26 annual salary of seven thousand five hundred dollars ($7,500), payable
8462	8462	27 in monthly instalments. installments.
8463	8463	28 (e) Each member shall be reimbursed for the member's actual
8464	8464	29 expenses necessarily incurred in the performance of the member's
8465	8465	30 duties.
8466	8466	31 (f) All expenses incurred in carrying out the provisions of this
8467	8467	32 article shall be payable solely from funds provided under the authority
8468	8468	33 of this article and no liability or obligation shall be incurred by the
8469	8469	34 ports of Indiana hereunder beyond the extent to which moneys shall
8470	8470	35 have been provided under the authority of this article.
8471	8471	36 (g) The commission:
8472	8472	37 (1) is responsible for implementing the powers and duties of the
8473	8473	38 ports of Indiana under this article; and
8474	8474	39 (2) may adopt bylaws for the regulation of the affairs of the
8475	8475	40 commission and the conduct of the business of the ports of
8476	8476	41 Indiana.
8477	8477	42 The commission may delegate to staff, including the chief executive,
8478	8478	2024 IN 1267—LS 6912/DI 92 198
8479	8479	1 such administrative functions as the commission deems necessary or
8480	8480	2 desirable to accomplish the purposes of the ports of Indiana under this
8481	8481	3 article. The chief executive may delegate the chief executive's authority
8482	8482	4 to the appropriate staff.
8483	8483	5 SECTION 354. IC 8-10-1-13, AS AMENDED BY P.L.189-2018,
8484	8484	6 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8485	8485	7 JULY 1, 2024]: Sec. 13. (a) Subject to the approval of the governor, the
8486	8486	8 ports of Indiana is hereby authorized to provide by resolution of the
8487	8487	9 commission, at one (1) time or from time to time, for the issuance of
8488	8488	10 revenue bonds of the state for the purpose of paying all or any part of
8489	8489	11 the cost of a port or project under this chapter or IC 8-10-4. The
8490	8490	12 principal of and the interest on such bonds shall be payable solely from
8491	8491	13 the revenues specifically pledged to the payment thereof. The bonds of
8492	8492	14 each issue shall be dated, shall bear interest at any rate, shall mature at
8493	8493	15 such time or times not exceeding thirty-five (35) years from the date
8494	8494	16 thereof, as may be determined by the ports of Indiana, and may be
8495	8495	17 made redeemable before maturity, at the option of the ports of Indiana,
8496	8496	18 at such price or prices and under such terms and conditions as may be
8497	8497	19 fixed by the ports of Indiana in the authorizing resolution.
8498	8498	20 (b) The ports of Indiana shall determine the form of the bonds,
8499	8499	21 including any interest coupons to be attached thereto, and shall fix the
8500	8500	22 denomination or denominations of the bonds and the place or places of
8501	8501	23 payment of principal and interest which may be at any bank or trust
8502	8502	24 company within or without the state.
8503	8503	25 (c) The bonds shall be signed in the name of the ports of Indiana by
8504	8504	26 the chairman chairperson or vice chairman chairperson of the
8505	8505	27 commission or chief executive of the ports of Indiana, or by the
8506	8506	28 facsimile signature of the chairman chairperson or vice chairman
8507	8507	29 chairperson of the commission or chief executive of the ports of
8508	8508	30 Indiana and the official seal of the ports of Indiana or facsimile thereof,
8509	8509	31 shall be affixed thereto and attested by the secretary-treasurer of the
8510	8510	32 commission, and any coupons attached thereto shall bear the facsimile
8511	8511	33 signature of the chairman chairperson of the commission. In case any
8512	8512	34 officer whose signature or a facsimile of whose signature shall appear
8513	8513	35 on any bonds or coupons shall cease to be such officer before the
8514	8514	36 delivery of such bonds, such signature or such facsimile shall
8515	8515	37 nevertheless be valid and sufficient for all purposes the same as if the
8516	8516	38 officer had remained in office until such delivery.
8517	8517	39 (d) All bonds issued under this article shall have and are hereby
8518	8518	40 declared to have all the qualities and incidents of negotiable
8519	8519	41 instruments under the negotiable instruments law of the state of
8520	8520	42 Indiana.
8521	8521	2024 IN 1267—LS 6912/DI 92 199
8522	8522	1 (e) The bonds may be issued in coupon or in registered form, or
8523	8523	2 both, as the ports of Indiana may determine, and provision may be
8524	8524	3 made for the registration of any coupon bonds as to principal alone and
8525	8525	4 also as to both principal and interest, and for the reconversion into
8526	8526	5 coupon bonds of any bonds registered as to both principal and interest.
8527	8527	6 (f) The bonds shall be sold at public sale in accordance with
8528	8528	7 IC 21-32-3, except as provided in IC 8-10-4.
8529	8529	8 (g) No action to contest the validity of any bonds issued by the ports
8530	8530	9 of Indiana under this article shall be commenced more than thirty (30)
8531	8531	10 days following the adoption of the resolution approving the bonds as
8532	8532	11 provided in this article.
8533	8533	12 (h) The ports of Indiana shall cooperate with and use the assistance
8534	8534	13 of the Indiana finance authority established by IC 5-1.2-3 in the
8535	8535	14 issuance of the bonds under this chapter or IC 8-10-4.
8536	8536	15 SECTION 355. IC 8-10-5-5, AS AMENDED BY P.L.104-2022,
8537	8537	16 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8538	8538	17 JULY 1, 2024]: Sec. 5. (a) A port authority created in accordance with
8539	8539	18 the provisions of this chapter shall be governed by a board of directors.
8540	8540	19 Except as provided in subsection (c), members of a board of directors
8541	8541	20 of a port authority created by the exclusive action of a municipal
8542	8542	21 corporation shall consist of the number of members it deems necessary
8543	8543	22 and be appointed by the mayor with the advice and consent of the
8544	8544	23 common council. Members of a board of directors of a port authority
8545	8545	24 created by the exclusive action of a county shall consist of such
8546	8546	25 members as it deems necessary and be appointed by the county
8547	8547	26 commissioners of such county. Members of a board of directors of a
8548	8548	27 port authority created by a combination of political subdivisions shall
8549	8549	28 be divided among such political subdivisions in such proportions as
8550	8550	29 such political subdivisions may agree and appointed in the same
8551	8551	30 manner as this section provides for their appointment when such
8552	8552	31 political subdivision creates its own port authority. When a port
8553	8553	32 authority is created by a combination of political subdivisions, the
8554	8554	33 number of directors composing the board shall be determined by
8555	8555	34 agreement between such political subdivisions.
8556	8556	35 (b) In the case of a port authority created under section 2 of this
8557	8557	36 chapter in a county having a population of more than four hundred
8558	8558	37 thousand (400,000) and less than seven hundred thousand (700,000),
8559	8559	38 the board of directors shall consist of seven (7) members, three (3) of
8560	8560	39 whom shall be appointed by the board of county commissioners, one
8561	8561	40 (1) each by the mayors of the three (3) cities in the county having the
8562	8562	41 largest populations, and the mayor of the city having the largest
8563	8563	42 population shall appoint any remaining member or members. The
8564	8564	2024 IN 1267—LS 6912/DI 92 200
8565	8565	1 board shall be appointed as follows:
8566	8566	2 (1) The mayors of the three (3) cities in the county having the
8567	8567	3 largest populations shall each make one (1) appointment.
8568	8568	4 (2) The board of county commissioners shall make its three (3)
8569	8569	5 appointments following the naming of the city appointees and
8570	8570	6 appoint persons of such political faith as to make the board of
8571	8571	7 directors a bipartisan body.
8572	8572	8 (3) If a city is entitled to a second appointment, the mayor shall
8573	8573	9 make the appointment subject to retaining the board's bipartisan
8574	8574	10 status.
8575	8575	11 (4) In no event may more than three (3) board members residing
8576	8576	12 in the same city serve on the board at the same time.
8577	8577	13 (5) Not more than four (4) members of one (1) political party may
8578	8578	14 serve on the board at the same time.
8579	8579	15 (c) This subsection applies to a port authority created under section
8580	8580	16 2 of this chapter by the exclusive action of a municipal corporation in
8581	8581	17 a city having a population of more than seventy-five thousand (75,000)
8582	8582	18 and less than seventy-nine thousand (79,000). The board of directors
8583	8583	19 of the port authority consists of five (5) members appointed as follows:
8584	8584	20 (1) Three (3) members appointed by the mayor of the city.
8585	8585	21 (2) Two (2) members appointed by the legislative body of the city.
8586	8586	22 (d) The appointing authority may at any time remove a director
8587	8587	23 appointed by it for misfeasance, nonfeasance, or malfeasance in office.
8588	8588	24 (e) At the time of appointment, a director must be a resident of one
8589	8589	25 (1) of the following:
8590	8590	26 (1) The political subdivision from which the director is appointed.
8591	8591	27 (2) The county within which the port authority is established.
8592	8592	28 At all times, a majority of the directors must be residents of the
8593	8593	29 political subdivisions from which the members are appointed.
8594	8594	30 (f) The directors of any port authority first appointed shall serve
8595	8595	31 staggered terms. Thereafter each successor shall serve for a term of
8596	8596	32 four (4) years, except that any person appointed to fill a vacancy shall
8597	8597	33 be appointed to only the unexpired term and any director shall be
8598	8598	34 eligible for reappointment.
8599	8599	35 (g) The directors shall elect one (1) of their membership as
8600	8600	36 chairman, chairperson, and another as vice chairman, chairperson,
8601	8601	37 and shall designate their terms of office, and shall appoint a secretary
8602	8602	38 who need not be a director. A majority of the board of directors shall
8603	8603	39 constitute a quorum the affirmative vote of which shall be necessary for
8604	8604	40 any action taken by the port authority. No vacancy in the membership
8605	8605	41 of the board shall impair the rights of a quorum to exercise all the
8606	8606	42 rights and perform all the duties of the port authority.
8607	8607	2024 IN 1267—LS 6912/DI 92 201
8608	8608	1 (h) Each member of the board of directors of a port authority shall
8609	8609	2 be entitled to receive from the port authority such sum of money as the
8610	8610	3 board of directors may determine as compensation for the member's
8611	8611	4 service as director and reimbursement for the member's reasonable
8612	8612	5 expenses in the performance of the member's duties.
8613	8613	6 SECTION 356. IC 8-10-5-13 IS AMENDED TO READ AS
8614	8614	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever a port
8615	8615	8 authority, which was created or which shall be hereafter created by a
8616	8616	9 city, town, or county acting as a singular government unit or which
8617	8617	10 after its creation has come under the jurisdiction of a city, town, or
8618	8618	11 county as a singular government unit, has been authorized by the
8619	8619	12 governing body of the city, town, or county to issue and sell revenue
8620	8620	13 bonds for the purpose of obtaining funds with which to construct,
8621	8621	14 purchase, lease, operate, maintain, or improve facilities included in the
8622	8622	15 development plan or amendment thereof, the revenue bonds shall be:
8623	8623	16 (1) issued in the name of the city, town, or county;
8624	8624	17 (2) executed by the executive of the city, town, or county and the
8625	8625	18 chairman chairperson of the board of directors of the port
8626	8626	19 authority; and
8627	8627	20 (3) attested to by the clerk or clerk-treasurer of the city or town or
8628	8628	21 auditor, if a county.
8629	8629	22 (b) In authorizing revenue bonds and providing for the issuance and
8630	8630	23 sale thereof, the governing body of the city, town, or county shall, by
8631	8631	24 ordinance, consistent with pertinent statutes, provide all necessary
8632	8632	25 details concerning the form and tenor of the revenue bonds, the amount
8633	8633	26 thereof, the maturity dates, the provision for payment of principal and
8634	8634	27 interest, the negotiability, and all other details, requirements,
8635	8635	28 regulations, or specifications necessary to make the revenue bonds
8636	8636	29 acceptable and legal instruments.
8637	8637	30 (c) The governing body shall, in its ordinance, make provision for
8638	8638	31 the expenditure of the funds derived from the sale of the revenue bonds
8639	8639	32 in accordance with the purposes for which the issuance and sale was
8640	8640	33 authorized. The governing body shall specifically provide for the
8641	8641	34 allocation of income and revenue of the port authority into the fund or
8642	8642	35 funds as may be necessary to properly secure the accumulation of
8643	8643	36 money in a separate account or accounts for use in the payment of
8644	8644	37 principal and interest of the revenue bonds as they become due and
8645	8645	38 payable.
8646	8646	39 SECTION 357. IC 8-14-11-9 IS AMENDED TO READ AS
8647	8647	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The local bridge
8648	8648	41 grant board is established to receive and review applications for grants
8649	8649	42 under this chapter. The board consists of the following members:
8650	8650	2024 IN 1267—LS 6912/DI 92 202
8651	8651	1 (1) The director of the department, or the director's designee.
8652	8652	2 (2) Six (6) persons appointed by the governor, no more than three
8653	8653	3 (3) of whom may be of the same political party, as follows:
8654	8654	4 (A) Two (2) members of a county executive.
8655	8655	5 (B) One (1) county highway engineer.
8656	8656	6 (C) One (1) mayor of a city.
8657	8657	7 (D) One (1) member of a town board of trustees.
8658	8658	8 (E) One (1) person with substantial experience or education in
8659	8659	9 the design or construction of bridges.
8660	8660	10 A member appointed under clause (A), (B), (C), or (D) who
8661	8661	11 ceases to hold the office described in that clause ceases to be a
8662	8662	12 member of the board.
8663	8663	13 (b) The governor shall designate a member of the board to serve as
8664	8664	14 chairman. chairperson.
8665	8665	15 (c) Members of the board who are appointed by the governor serve
8666	8666	16 for terms of four (4) years. The governor shall fill a vacancy on the
8667	8667	17 board by appointing a new member to serve the remainder of the
8668	8668	18 unexpired term.
8669	8669	19 (d) A member of the board, other than the director of the
8670	8670	20 department, is entitled to the minimum salary per diem provided by
8671	8671	21 IC 4-10-11-2.1(b). Each member of the board is entitled to
8672	8672	22 reimbursement for traveling expenses and other expenses actually
8673	8673	23 incurred in connection with the member's duties, as provided in the
8674	8674	24 state travel policies and procedures established by the department of
8675	8675	25 administration and approved by the budget agency.
8676	8676	26 (e) Four (4) members of the board constitute a quorum. The
8677	8677	27 affirmative votes of four (4) members of the board are required for the
8678	8678	28 board to take any action.
8679	8679	29 SECTION 358. IC 8-14-15.1-6, AS ADDED BY P.L.217-2017,
8680	8680	30 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8681	8681	31 JULY 1, 2024]: Sec. 6. The chairman chairperson of the authority may
8682	8682	32 enter into a trust agreement on behalf of the authority with the board in
8683	8683	33 furtherance of the purposes of this chapter. Any trust agreement must
8684	8684	34 conform with this chapter. Any provision of the trust agreement entered
8685	8685	35 into under this section that is inconsistent with the provisions or intent
8686	8686	36 of this chapter is void and of no further force or effect.
8687	8687	37 SECTION 359. IC 8-14.5-5-2 IS AMENDED TO READ AS
8688	8688	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A lease entered
8689	8689	39 into under this section must include the following:
8690	8690	40 (1) A statement that the term of the lease is for a period
8691	8691	41 coextensive with the biennium used for state budgetary and
8692	8692	42 appropriation purposes with a fractional period when the lease
8693	8693	2024 IN 1267—LS 6912/DI 92 203
8694	8694	1 begins, if necessary.
8695	8695	2 (2) A statement that the term of the lease is extended from
8696	8696	3 biennium to biennium, with the extensions not to exceed a lease
8697	8697	4 term of twenty-five (25) years, unless either the authority or the
8698	8698	5 department gives notice of nonextension at least six (6) months
8699	8699	6 before the end of a biennium, in which event the lease expires at
8700	8700	7 the end of the biennium in which the notice is given.
8701	8701	8 (3) A provision plainly stating that the lease does not constitute an
8702	8702	9 indebtedness of the state within the meaning or application of any
8703	8703	10 constitutional provision or limitation, and that lease rentals are
8704	8704	11 payable by the department solely from biennial appropriations, for
8705	8705	12 the actual use or availability for use of projects provided by the
8706	8706	13 authority, with payment commencing no earlier than the time the
8707	8707	14 use or availability commences.
8708	8708	15 (4) Provisions requiring the department to pay rent at times and
8709	8709	16 in amounts sufficient to pay in full:
8710	8710	17 (A) the debt service payable under the terms of any bonds or
8711	8711	18 notes issued by the authority and outstanding with respect to
8712	8712	19 any project, including any required additions to reserves for
8713	8713	20 the bonds or notes maintained by the authority; and
8714	8714	21 (B) additional rent as provided by the lease;
8715	8715	22 subject to appropriation of money to pay lease rentals.
8716	8716	23 (5) Provisions requiring the department to operate and maintain
8717	8717	24 the project or projects during the term of the lease.
8718	8718	25 (6) A provision in each master lease for two (2) or more projects
8719	8719	26 requiring that each project added to the master lease shall be
8720	8720	27 covered by a supplemental lease describing the particular project,
8721	8721	28 stating the additional rental payable and providing that all lease
8722	8722	29 covenants, including the obligation to pay the original and
8723	8723	30 additional rent under any supplement, shall be unitary and include
8724	8724	31 all projects covered, whether by the master lease or a
8725	8725	32 supplemental lease.
8726	8726	33 (b) A lease entered into under this section may contain other terms
8727	8727	34 and conditions that the authority and the department consider
8728	8728	35 appropriate.
8729	8729	36 (c) The department shall request an appropriation for payment of
8730	8730	37 lease rentals on any lease entered into under this section in writing at
8731	8731	38 a time sufficiently in advance of the date for payment of the lease
8732	8732	39 rentals so that an appropriation may be made in the normal state
8733	8733	40 budgetary process.
8734	8734	41 (d) If the department fails at any time to pay to the authority when
8735	8735	42 due any lease rentals on any lease under this section, the chairman
8736	8736	2024 IN 1267—LS 6912/DI 92 204
8737	8737	1 chairperson of the authority shall immediately report the unpaid
8738	8738	2 amount in writing to the governor and in an electronic format under
8739	8739	3 IC 5-14-6 to the general assembly.
8740	8740	4 SECTION 360. IC 8-14.5-6-6, AS AMENDED BY P.L.162-2007,
8741	8741	5 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8742	8742	6 JULY 1, 2024]: Sec. 6. The bonds or notes:
8743	8743	7 (1) shall be executed by the manual or facsimile signature of the
8744	8744	8 chairman chairperson or vice chairman chairperson of the
8745	8745	9 authority;
8746	8746	10 (2) shall be attested by the manual or facsimile signature of the
8747	8747	11 public finance director;
8748	8748	12 (3) shall be imprinted or impressed with the seal of the authority
8749	8749	13 by any means;
8750	8750	14 (4) may be authenticated by a trustee, registrar, or paying agent;
8751	8751	15 and
8752	8752	16 (5) constitute valid and binding obligations of the authority, even
8753	8753	17 if the chairman, chairperson, vice chairman, chairperson, or
8754	8754	18 public finance director whose manual or facsimile signature
8755	8755	19 appears on the bonds or notes no longer holds that office.
8756	8756	20 SECTION 361. IC 8-15-2-9, AS AMENDED BY P.L.162-2007,
8757	8757	21 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8758	8758	22 JULY 1, 2024]: Sec. 9. (a) Subject to IC 8-9.5-8-10, the authority is
8759	8759	23 authorized to provide by a resolution at one (1) time or from time to
8760	8760	24 time for the issuance of toll road revenue bonds of the state for the
8761	8761	25 purpose of paying all or any part of the cost of any one (1) or more toll
8762	8762	26 road projects. The principal of and the interest on such bonds shall be
8763	8763	27 payable solely from an allocation of money from the rural
8764	8764	28 transportation road fund under IC 8-9.5-8-16 or from the revenues or
8765	8765	29 from the proceeds of bonds issued under the provisions of this chapter
8766	8766	30 and earnings thereon, or from all three (3).
8767	8767	31 (b) The bonds of each issue shall:
8768	8768	32 (1) be dated;
8769	8769	33 (2) bear interest at such rate or rates as shall be established by the
8770	8770	34 authority;
8771	8771	35 (3) mature at such time or times not exceeding forty (40) years
8772	8772	36 from their date or dates, as may be determined by the authority;
8773	8773	37 and
8774	8774	38 (4) be made redeemable before maturity at the option of the
8775	8775	39 authority at such price or prices and under such terms and
8776	8776	40 conditions as may be fixed by the authority prior to the issuance
8777	8777	41 of the bonds.
8778	8778	42 (c) The authority shall:
8779	8779	2024 IN 1267—LS 6912/DI 92 205
8780	8780	1 (1) determine the form of the bonds, including any interest
8781	8781	2 coupons to be attached thereto;
8782	8782	3 (2) fix the denomination or denominations of the bonds; and
8783	8783	4 (3) fix the place or places of payment of principal and interest,
8784	8784	5 which may be at any bank or trust company within or without the
8785	8785	6 state.
8786	8786	7 (d) The bonds shall be signed by the chairman chairperson of the
8787	8787	8 authority or by his the chairperson's facsimile signature, and attested
8788	8788	9 to by the manual or the facsimile signature of the public finance
8789	8789	10 director, and any coupons attached thereto shall bear the facsimile
8790	8790	11 signature of the chairman chairperson of the authority. In case any
8791	8791	12 officer whose signature or a facsimile of whose signature shall appear
8792	8792	13 on any bonds or coupons shall cease to be such officer before the
8793	8793	14 delivery of such bonds, such signature or such facsimile shall
8794	8794	15 nevertheless be valid and sufficient for all purposes the same as if he
8795	8795	16 the officer had remained in office until such delivery. The authority
8796	8796	17 may also provide for the authentication of the bonds by a trustee or
8797	8797	18 fiscal agent.
8798	8798	19 (e) All bonds issued under the provisions of this chapter shall have
8799	8799	20 and are declared to have all the qualities and incidents of negotiable
8800	8800	21 instruments under the negotiable instruments law of the state of
8801	8801	22 Indiana.
8802	8802	23 (f) The bonds may be issued in coupon or in registered form, or
8803	8803	24 both, as the authority may determine, and provisions may be made for
8804	8804	25 the registration of any coupon bonds as to principal alone and also as
8805	8805	26 to both principal and interest, and for the reconversion into coupon
8806	8806	27 bonds of any bonds registered as to both principal and interest.
8807	8807	28 (g) The authority may sell such bonds in such manner and for such
8808	8808	29 price as it may determine to be for the best interests for the state, either
8809	8809	30 at a public or private sale.
8810	8810	31 (h) The proceeds of the bonds of each issue shall be:
8811	8811	32 (1) used solely for the payment of the cost of the toll road project
8812	8812	33 or projects for which such bonds shall have been issued; and
8813	8813	34 (2) disbursed in such manner and under such restrictions, if any,
8814	8814	35 as the authority may provide in authorizing the issuance of such
8815	8815	36 bonds or in the trust agreement mentioned securing the same.
8816	8816	37 (i) If the proceeds of the bonds of any issue, by error of estimates or
8817	8817	38 otherwise, shall be less than such cost, additional bonds may in like
8818	8818	39 manner be issued to provide the amount of such deficit, and, unless
8819	8819	40 otherwise provided in the resolution authorizing the issuance of such
8820	8820	41 bonds or in the trust agreement securing the same, shall be deemed to
8821	8821	42 be of the same issue and shall be entitled to payment from the same
8822	8822	2024 IN 1267—LS 6912/DI 92 206
8823	8823	1 fund without preference or priority of the bonds first issued.
8824	8824	2 (j) If the proceeds of the bonds of any issue shall exceed the cost of
8825	8825	3 the toll road project or projects for which the same shall have been
8826	8826	4 issued, the surplus shall be deposited to the credit of the sinking fund
8827	8827	5 for such bonds.
8828	8828	6 (k) Prior to the preparation of definitive bonds, the authority may
8829	8829	7 under like restrictions, issue interim receipts or temporary bonds, with
8830	8830	8 or without coupons, exchangeable for definitive bonds when such
8831	8831	9 bonds shall have been executed and are available for delivery. The
8832	8832	10 authority may also provide for the replacement of any bonds which
8833	8833	11 shall become mutilated or shall be destroyed or lost.
8834	8834	12 (l) Except as provided by IC 8-9.5-8-10, bonds may be issued under
8835	8835	13 the provisions of this chapter without:
8836	8836	14 (1) obtaining the consent of any department, division,
8837	8837	15 commission, board, bureau, or agency of the state; and
8838	8838	16 (2) any other proceedings or the happening of any other
8839	8839	17 conditions or things than those proceedings, conditions, or things
8840	8840	18 which are specifically required by this chapter.
8841	8841	19 SECTION 362. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
8842	8842	20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8843	8843	21 JULY 1, 2024]: Sec. 14. (a) The authority may do the following:
8844	8844	22 (1) Fix, revise, charge, and collect tolls for the use of each toll
8845	8845	23 road project by any person, partnership, association, limited
8846	8846	24 liability company, or corporation desiring the use of any part
8847	8847	25 thereof, including the right-of-way adjoining the paved portion
8848	8848	26 and for placing thereon telephone, telegraph, electric light, or
8849	8849	27 power lines.
8850	8850	28 (2) Fix the terms, conditions, and rates of charge for such use,
8851	8851	29 including assessments for the failure to pay required tolls, subject,
8852	8852	30 however, to the state's police power.
8853	8853	31 (3) Collect tolls, user fees, or other charges through manual or
8854	8854	32 nonmanual methods, including, but not limited to, automatic
8855	8855	33 vehicle identification systems, electronic toll collection systems,
8856	8856	34 and, to the extent permitted by law, including rules adopted by the
8857	8857	35 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
8858	8858	36 chapter, global positioning systems and photo or video based toll
8859	8859	37 collection or toll collection enforcement systems.
8860	8860	38 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
8861	8861	39 establishing procedures for the implementation of the collection
8862	8862	40 of user fees by electronic or other nonmanual means under
8863	8863	41 subdivision (3). A rule adopted under this subdivision expires on
8864	8864	42 the expiration date stated by the authority in the rule.
8865	8865	2024 IN 1267—LS 6912/DI 92 207
8866	8866	1 (b) Notwithstanding subsection (a), no toll or charge shall be made
8867	8867	2 by the authority under this section or under a public-private agreement
8868	8868	3 entered into under IC 8-15.5 for:
8869	8869	4 (1) the operation of temporary lodging facilities located upon or
8870	8870	5 adjacent to any project, nor may the authority itself operate or
8871	8871	6 gratuitously permit the operation of such temporary lodging
8872	8872	7 facilities by other persons without any toll or charge; or
8873	8873	8 (2) placing in, on, along, over, or under such project, such
8874	8874	9 telephone, telegraph, electric light or power lines, equipment, or
8875	8875	10 facilities as may be necessary to serve establishments located on
8876	8876	11 the project or as may be necessary to interconnect any public
8877	8877	12 utility facilities on one (1) side of the toll road project with those
8878	8878	13 on the other side.
8879	8879	14 (c) All contracts executed by the authority shall be preserved in the
8880	8880	15 principal office of the authority.
8881	8881	16 (d) In the case of a toll road project that is not leased to the
8882	8882	17 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
8883	8883	18 each toll road project so that the aggregate of the tolls from the project,
8884	8884	19 together with other revenues that are available to the authority without
8885	8885	20 prior restriction or encumbrance, will at least be adequate to pay:
8886	8886	21 (1) the cost of operating, maintaining, and repairing the toll road
8887	8887	22 project, including major repairs, replacements, and
8888	8888	23 improvements;
8889	8889	24 (2) the principal of and the interest on bonds issued in connection
8890	8890	25 with the toll road project, as the principal and interest becomes
8891	8891	26 due and payable, including any reserve or sinking fund required
8892	8892	27 for the project; and
8893	8893	28 (3) the payment of principal of and interest on toll road bonds
8894	8894	29 issued by the authority in connection with any other toll road
8895	8895	30 project, including any reserve or sinking fund required for the
8896	8896	31 project, but only to the extent that the authority provides by
8897	8897	32 resolution and subject to the provisions of any trust agreement
8898	8898	33 relating to the project.
8899	8899	34 (e) Not less than one (1) year before the date that final payment of
8900	8900	35 all such bonds, interest, and reimbursement is expected by the
8901	8901	36 chairman chairperson of the authority to be completed, the chairman
8902	8902	37 chairperson shall notify the state budget committee in writing of the
8903	8903	38 expected date of final payment.
8904	8904	39 (f) Such tolls shall not be subject to supervision or regulation by any
8905	8905	40 other commission, board, bureau, or agency of the state.
8906	8906	41 (g) The tolls, rents, and all other revenues derived by the authority
8907	8907	42 from the toll road project, except those received in accordance with a
8908	8908	2024 IN 1267—LS 6912/DI 92 208
8909	8909	1 public-private agreement under IC 8-15.5, shall be used as follows:
8910	8910	2 (1) To pay the cost of operating, maintaining, and repairing the
8911	8911	3 toll road project, including major repairs, replacements, and
8912	8912	4 improvements, to the extent that those costs are not paid out of
8913	8913	5 other funds.
8914	8914	6 (2) To the extent provided for in the resolution authorizing the
8915	8915	7 issuance of bonds under this chapter or in the trust agreement
8916	8916	8 securing the bonds, to pay:
8917	8917	9 (A) the principal of and interest on any bonds as the principal
8918	8918	10 and interest become due; or
8919	8919	11 (B) the redemption price or purchase price of the bonds retired
8920	8920	12 by call or purchase.
8921	8921	13 (3) Except as prohibited by the resolution authorizing the issuance
8922	8922	14 of bonds under this chapter or the trust agreement securing them,
8923	8923	15 for any purpose relating to any toll road project, including the
8924	8924	16 subject toll road project, as the authority provides by resolution.
8925	8925	17 (h) Neither the resolution nor any trust agreement by which a pledge
8926	8926	18 is created needs to be filed or recorded except in the records of the
8927	8927	19 authority.
8928	8928	20 (i) The use and disposition of moneys to the credit of any sinking
8929	8929	21 fund shall be subject to the provisions of any resolution or resolutions
8930	8930	22 authorizing the issuance of any bonds or of any trust agreement. Except
8931	8931	23 as may otherwise be provided in this chapter or in any resolution or any
8932	8932	24 trust agreement, any sinking fund shall be a fund for all bonds without
8933	8933	25 distinction or priority of one over another, subject, however, to such
8934	8934	26 priorities as may arise from prior pledges.
8935	8935	27 (j) In the case of a toll road project that is leased to the department
8936	8936	28 under IC 8-9.5-8-8, the lease must require that the department fix tolls
8937	8937	29 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
8938	8938	30 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
8939	8939	31 that is subject to a public-private agreement under IC 8-15.5 shall be
8940	8940	32 set in accordance with IC 8-15.5-7.
8941	8941	33 SECTION 363. IC 8-16-1-5 IS AMENDED TO READ AS
8942	8942	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Subject to
8943	8943	35 IC 8-9.5-8-5, if the authority shall determine that the construction of an
8944	8944	36 interstate bridge or the acquisition by purchase or otherwise or by
8945	8945	37 condemnation of any interstate bridge already constructed or its
8946	8946	38 approaches, or the enlargement, extension, or improvement of any such
8947	8947	39 bridges or their approaches, under this chapter, is necessary and
8948	8948	40 advisable in the public interest and will be a convenience, necessity,
8949	8949	41 and a benefit, the chairman chairperson of the authority shall issue an
8950	8950	42 order finding and determining that the construction of such an
8951	8951	2024 IN 1267—LS 6912/DI 92 209
8952	8952	1 interstate bridge or the acquisition by purchase or otherwise or by
8953	8953	2 condemnation of any interstate bridge already constructed, or the
8954	8954	3 enlargement, extension, or improvement thereof will be in the public
8955	8955	4 interest and convenience and necessity.
8956	8956	5 SECTION 364. IC 8-16-1-14, AS AMENDED BY P.L.162-2007,
8957	8957	6 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8958	8958	7 JULY 1, 2024]: Sec. 14. (a) Subject to IC 8-9.5-8-10, the authority is
8959	8959	8 authorized to provide funds for each and every purpose of this chapter
8960	8960	9 by the issuance of bridge revenue bonds of the state, the principal and
8961	8961	10 interest of which bonds shall be payable solely from the revenues of the
8962	8962	11 bridge to be constructed or acquired by purchase from the proceeds of
8963	8963	12 such bonds. Such revenue bonds:
8964	8964	13 (1) shall bear interest at a rate or rates approved by the authority
8965	8965	14 payable on such day as specified in the resolution or any trust
8966	8966	15 agreement;
8967	8967	16 (2) shall mature in not more than thirty (30) years from their date
8968	8968	17 or dates; and
8969	8969	18 (3) may be made redeemable at the option of the authority, at not
8970	8970	19 more than the par value thereof and a premium of five percent
8971	8971	20 (5%) under such terms and conditions as the authority may fix
8972	8972	21 prior to the issuance of such bonds.
8973	8973	22 (b) The authority shall:
8974	8974	23 (1) provide the form of such bonds;
8975	8975	24 (2) fix the denomination or denominations of such bonds; and
8976	8976	25 (3) fix the place or places of payment of the principal and interest
8977	8977	26 thereof.
8978	8978	27 (c) The bonds shall be executed by the manual or facsimile
8979	8979	28 signature of the chairman chairperson of the authority and sealed and
8980	8980	29 attested by the manual or facsimile signature of the public finance
8981	8981	30 director. The coupons shall bear the facsimile signature of the
8982	8982	31 chairman. chairperson. The authority may also provide for
8983	8983	32 authentication of the bonds by a trustee or fiscal agent.
8984	8984	33 (d) The said bonds shall be exempt from taxation by the state of
8985	8985	34 Indiana and by the municipalities and political subdivisions thereof.
8986	8986	35 (e) The bonds may be issued in coupon or in registered form, or
8987	8987	36 both, as the authority may determine, and provisions may be made for
8988	8988	37 the registration of any coupon bonds as to principal alone and also as
8989	8989	38 to both principal and interest, and for the reconversion into coupon
8990	8990	39 bonds of any bonds registered as to both principal and interest.
8991	8991	40 (f) Such bonds shall be sold in such manner, either at public or
8992	8992	41 private sale, as the authority may determine to be for the best interests,
8993	8993	42 taking into consideration the financial responsibility of the purchaser
8994	8994	2024 IN 1267—LS 6912/DI 92 210
8995	8995	1 and the terms and conditions of the purchase and especially the
8996	8996	2 availability of the proceeds of the bonds when required for payment of
8997	8997	3 the cost of the bridge, by the authority. Such sale shall be at not less
8998	8998	4 than ninety cents ($.90) on the dollar and accrued interest, and the
8999	8999	5 proceeds of such bonds shall be used solely for the payment of the
9000	9000	6 bridge costs, and expenses incident thereto as authorized by this
9001	9001	7 chapter, and shall be disbursed by said authority as provided in this
9002	9002	8 chapter. If the proceeds of the sale of such bonds shall exceed such
9003	9003	9 costs, any surplus remaining therefrom shall be paid into the fund
9004	9004	10 provided in section 16 of this chapter for payment of the principal and
9005	9005	11 interest of said bonds.
9006	9006	12 (g) The authority shall have the right to purchase any bonds so
9007	9007	13 issued by it that may be outstanding at the market price, but not
9008	9008	14 exceeding one hundred five dollars ($105) for each one hundred dollars
9009	9009	15 ($100) of par value and accrued interest nor exceeding the price at
9010	9010	16 which the same shall in the same year be redeemable, with the consent
9011	9011	17 of the holders of such bonds, and all bonds redeemed or purchased
9012	9012	18 shall forthwith be cancelled and shall not again be issued.
9013	9013	19 (h) Prior to the preparation of definitive bonds the authority may
9014	9014	20 under like restrictions issue temporary bonds, with or without coupons,
9015	9015	21 exchangeable for definitive bonds upon the issuance of the latter.
9016	9016	22 (i) The authority may enter into an agreement with any trust
9017	9017	23 company as trustees for the holders of such bonds, setting forth the
9018	9018	24 duties of the authority in respect to:
9019	9019	25 (1) the construction, maintenance, operation, and insurance of any
9020	9020	26 such bridge;
9021	9021	27 (2) the conservation and application of all funds;
9022	9022	28 (3) the insurance of moneys on hand or on deposit; and
9023	9023	29 (4) the rights and remedies of said trustee and the holders of such
9024	9024	30 bonds, restricting the individual right of action of bondholders as
9025	9025	31 is customary in trust agreements respecting bonds of a
9026	9026	32 corporation.
9027	9027	33 (j) Said trust agreement may:
9028	9028	34 (1) contain such provisions for protecting and enforcing the rights
9029	9029	35 and remedies of the trustee and the bondholders as may be
9030	9030	36 reasonable and proper in the judgment of the authority, and also
9031	9031	37 a provision for approval by the original bond purchasers of the
9032	9032	38 appointment of consulting engineers and of the security given by
9033	9033	39 the bridge contractors and by any bank or trust company in which
9034	9034	40 the proceeds of bonds or bridge tolls or other moneys of the
9035	9035	41 authority shall be deposited; and
9036	9036	42 (2) provide that no contract for construction shall be made
9037	9037	2024 IN 1267—LS 6912/DI 92 211
9038	9038	1 without the approval of the consulting engineers.
9039	9039	2 (k) Such trust agreement may contain such further provisions as in
9040	9040	3 the judgment of the authority will best accomplish the purposes of this
9041	9041	4 chapter, with respect to:
9042	9042	5 (1) the fixing, maintaining, and collecting of tolls;
9043	9043	6 (2) the deposit, safeguarding, and disposition of the revenues
9044	9044	7 derived from such bridge;
9045	9045	8 (3) the application of revenues;
9046	9046	9 (4) the determination and establishment of priorities in the
9047	9047	10 disbursement of such revenues;
9048	9048	11 (5) the establishment of reserve funds to secure the prompt
9049	9049	12 payment of the principal of and the interest on said bonds;
9050	9050	13 (6) the limitation of the amount of expenses of the authority
9051	9051	14 chargeable to said revenues; and
9052	9052	15 (7) such other matters as in the judgment of the authority are
9053	9053	16 proper and suitable.
9054	9054	17 (l) The bonds issued under this section shall be a first lien on all
9055	9055	18 revenues of the bridge on account of which they are issued, subject
9056	9056	19 only to such prior charges as may be provided in such trust agreement
9057	9057	20 or in the resolution authorizing their issuance. The bonds may be issued
9058	9058	21 without any other proceedings or happening or any other conditions or
9059	9059	22 things than those proceedings, conditions, and things which are
9060	9060	23 specified and required by this chapter or by the Constitution of the
9061	9061	24 State of Indiana.
9062	9062	25 SECTION 365. IC 8-18-20-5 IS AMENDED TO READ AS
9063	9063	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever the
9064	9064	27 county auditor receives a notice that:
9065	9065	28 (1) is signed by the presiding officers of the county executive, the
9066	9066	29 county fiscal body, and the municipal fiscal body of the county
9067	9067	30 seat;
9068	9068	31 (2) states that those bodies have agreed to hold a public hearing
9069	9069	32 on and consider the creation of a county toll road authority; and
9070	9070	33 (3) fixes a time and place for that hearing;
9071	9071	34 the auditor shall give notice by publication of the hearing. The notice
9072	9072	35 shall be published in accordance with IC 5-3-1, and must state the time,
9073	9073	36 place, and purpose of the hearing.
9074	9074	37 (b) The members of the executive of the county and the fiscal bodies
9075	9075	38 of the county and county seat shall meet at the time and place fixed in
9076	9076	39 the notice. The presiding officers of each of the three (3) bodies shall
9077	9077	40 elect one (1) of their number to preside as chairman chairperson at the
9078	9078	41 hearing, another as vice chairman, chairperson, and another as
9079	9079	42 secretary.
9080	9080	2024 IN 1267—LS 6912/DI 92 212
9081	9081	1 (c) All interested citizens and taxpayers of the county may appear
9082	9082	2 and are entitled to be heard at the hearing.
9083	9083	3 (d) The authority shall be established if, within sixty (60) days after
9084	9084	4 the hearing, a concurrent resolution declaring a need for the authority
9085	9085	5 is agreed upon and separately adopted by the county executive and
9086	9086	6 county and municipal fiscal bodies.
9087	9087	7 (e) A copy of the concurrent resolution that is certified by affidavits
9088	9088	8 of the county auditor and municipal clerk showing the date of adoption
9089	9089	9 of the resolution by the three (3) bodies must be filed in the office of
9090	9090	10 the recorder of the county for recording in the miscellaneous records.
9091	9091	11 The certified and recorded copy of the resolution is admissible in
9092	9092	12 evidence in any action or proceeding as proof of the establishment of
9093	9093	13 the authority.
9094	9094	14 SECTION 366. IC 8-18-21-3, AS AMENDED BY P.L.84-2016,
9095	9095	15 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9096	9096	16 JULY 1, 2024]: Sec. 3. Except as provided in section 4 of this chapter,
9097	9097	17 the board of directors of a toll road authority, acting in the name of the
9098	9098	18 authority, may:
9099	9099	19 (1) finance, construct, reconstruct, operate, maintain, and manage
9100	9100	20 any toll road project acquired or financed under this chapter;
9101	9101	21 (2) sue, be sued, plead, and be impleaded, but all actions against
9102	9102	22 the authority must be brought in the circuit court, superior court,
9103	9103	23 or probate court for the county in which the authority is located;
9104	9104	24 (3) condemn, appropriate, purchase, and hold any real or personal
9105	9105	25 property needed or considered useful in connection with a toll
9106	9106	26 road facility;
9107	9107	27 (4) acquire real or personal property by gift, devise, or bequest
9108	9108	28 and hold, use, or dispose of that property for the purposes
9109	9109	29 authorized by this chapter;
9110	9110	30 (5) enter upon any lots or lands for the purpose of surveying or
9111	9111	31 examining them to determine the location of a toll road facility;
9112	9112	32 (6) collect all money that is due on account of the operation,
9113	9113	33 maintenance, or management of, or otherwise related to, a toll
9114	9114	34 road facility, and expend that money for proper purposes;
9115	9115	35 (7) employ the managers, superintendents, architects, engineers,
9116	9116	36 attorneys, auditors, clerks, foremen, supervisors, custodians, and
9117	9117	37 other employees, necessary for the proper operation of a toll road
9118	9118	38 facility and fix the compensation of those employees, but a
9119	9119	39 contract of employment may not be made for a period of more
9120	9120	40 than four (4) years although it may be extended or renewed from
9121	9121	41 time to time;
9122	9122	42 (8) make and enter into all contracts and agreements necessary or
9123	9123	2024 IN 1267—LS 6912/DI 92 213
9124	9124	1 incidental to the performance of its duties and the execution of its
9125	9125	2 powers under this chapter; and
9126	9126	3 (9) provide coverage for its employees under IC 22-3 and IC 22-4.
9127	9127	4 SECTION 367. IC 8-21-12-15, AS AMENDED BY P.L.27-2007,
9128	9128	5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9129	9129	6 JULY 1, 2024]: Sec. 15. (a) The authority may:
9130	9130	7 (1) finance improvements related to an airport or aviation related
9131	9131	8 property or facilities, including the acquisition of real estate;
9132	9132	9 (2) refund any bonds; or
9133	9133	10 (3) pay any loan contract;
9134	9134	11 by borrowing money and issuing revenue bonds from time to time
9135	9135	12 under this section.
9136	9136	13 (b) The issuance of revenue bonds must be authorized by a
9137	9137	14 resolution of the authority.
9138	9138	15 (c) The bonds or the trust agreement securing the bonds must
9139	9139	16 indicate:
9140	9140	17 (1) the maturity date or dates;
9141	9141	18 (2) the interest rate or rates (whether fixed, variable, or a
9142	9142	19 combination of fixed or variable) or the manner in which the
9143	9143	20 interest rate or rates will be determined if a variable or an
9144	9144	21 adjustable rate is used;
9145	9145	22 (3) the registration privileges and the place of payment;
9146	9146	23 (4) the conditions and terms under which the bonds may be
9147	9147	24 redeemed or prepaid before maturity; and
9148	9148	25 (5) the source of payment.
9149	9149	26 (d) The bonds must be executed in the name of the authority by the
9150	9150	27 chairman chairperson or vice chairman chairperson of the authority
9151	9151	28 and attested by the secretary-treasurer, and interest coupons may be
9152	9152	29 executed by placing on the interest coupons the facsimile signature of
9153	9153	30 the chairman chairperson or vice chairman chairperson of the
9154	9154	31 authority. The bonds are valid and binding obligations of the authority
9155	9155	32 for all purposes, notwithstanding that before delivery of the bonds any
9156	9156	33 of the persons whose signatures appear on the bonds have ceased to be
9157	9157	34 officers of the authority, as if the persons had continued to be officers
9158	9158	35 of the authority until after delivery. The validity of the authorization
9159	9159	36 and issuance of the bonds is not dependent on or affected in any way
9160	9160	37 by proceedings taken for the improvement for which the bonds are to
9161	9161	38 be issued, or by contracts made in connection with the improvement.
9162	9162	39 A resolution authorizing revenue bonds must provide that a revenue
9163	9163	40 bond contain a recital that the bond is issued under this chapter, and a
9164	9164	41 bond containing the recital under authority of a resolution is considered
9165	9165	42 valid and issued in conformity with this chapter.
9166	9166	2024 IN 1267—LS 6912/DI 92 214
9167	9167	1 (e) At the discretion of the authority, the revenue bonds shall be sold
9168	9168	2 either under the procedures for selling public bonds or at a negotiated
9169	9169	3 sale with such terms as are consistent with the provisions of the
9170	9170	4 resolution authorizing the sale. The resolution may delegate to the
9171	9171	5 chairman chairperson or the secretary-treasurer the authority to
9172	9172	6 conduct the sale. The bonds may be sold in installments at different
9173	9173	7 times, or an entire issue or series may be sold or exchanged at one (1)
9174	9174	8 time. Any issue or series of the bond may be sold in part or sold in part
9175	9175	9 in installments at different times or at one (1) time.
9176	9176	10 (f) The bonds are special obligations of the authority and are
9177	9177	11 payable solely from and secured by a lien upon the revenues of all or
9178	9178	12 part of the facilities of the authority, as shall be more fully described in
9179	9179	13 the resolution of the authority or trust agreement authorizing the
9180	9180	14 issuance of the bonds, and, subject to the constitution and to the prior
9181	9181	15 or superior rights of any person, the authority may by resolution pledge
9182	9182	16 and assign for the security of the bonds all or part of the gross or net
9183	9183	17 revenues of the authority and the authority's facilities.
9184	9184	18 (g) The bonds and interest on the bonds are not a debt of the
9185	9185	19 authority, nor a charge, a lien, or an encumbrance, legal or equitable,
9186	9186	20 upon property of the authority, or upon income, receipts, or revenues
9187	9187	21 of the authority other than those revenues of the facilities that have
9188	9188	22 been pledged to the payment of the bonds. Every bond must recite in
9189	9189	23 substance that the bond, including interest, is payable solely from the
9190	9190	24 revenues pledged to the bond's payment, and that the authority is under
9191	9191	25 no obligation to pay the bond, except from those revenues.
9192	9192	26 (h) The bonds, when issued, have all the qualities of negotiable
9193	9193	27 instruments, subject to provisions for registration, under IC 26 and are
9194	9194	28 incontestable in the hands of a bona fide purchaser or owner of the
9195	9195	29 bonds for value.
9196	9196	30 (i) The proceeds of the bonds are appropriated for the purpose for
9197	9197	31 which the bonds may be issued and the proceeds shall be deposited and
9198	9198	32 disbursed in accordance with any provisions and restrictions that the
9199	9199	33 authority may provide in the resolution or trust agreement authorizing
9200	9200	34 the issuance of the bonds.
9201	9201	35 (j) All bonds issued under this article are issued by a body corporate
9202	9202	36 and politic of this state, but not a state agency, and for an essential
9203	9203	37 public and governmental purpose. The bonds, the interest on the bonds,
9204	9204	38 the proceeds received by an owner from the sale of the bonds to the
9205	9205	39 extent of the owner's cost of acquisition, the proceeds received upon
9206	9206	40 redemption before maturity, the proceeds received at maturity, and the
9207	9207	41 receipt of the interest and proceeds are exempt from taxation as
9208	9208	42 provided in IC 6-8-5.
9209	9209	2024 IN 1267—LS 6912/DI 92 215
9210	9210	1 (k) Notwithstanding any other law, all financial institutions,
9211	9211	2 investment companies, insurance companies, insurance associations,
9212	9212	3 executors, administrators, guardians, trustees, and other fiduciaries may
9213	9213	4 legally invest sinking funds, money, or other funds belonging to them
9214	9214	5 or within their control in bonds issued under this chapter.
9215	9215	6 (l) Bonds issued under this chapter are exempt from the registration
9216	9216	7 requirements of IC 23-19 and any other state securities registration
9217	9217	8 statutes.
9218	9218	9 (m) The authority may obtain from a department or agency of the
9219	9219	10 state or of the United States, or from a nongovernmental insurer,
9220	9220	11 available insurance or guaranty for the payment or repayment of
9221	9221	12 interest or principal, or both, or any part of the interest or principal, or
9222	9222	13 any debt service reserve funds, on bonds issued by the authority, or on
9223	9223	14 securities purchased or held by the authority.
9224	9224	15 (n) The authority may enter into agreements with an entity to
9225	9225	16 provide credit enhancement or liquidity support for any bonds issued
9226	9226	17 by the authority, or for any debt service reserves securing any bonds,
9227	9227	18 with terms that are reasonable and proper, in the discretion of the
9228	9228	19 authority, and not in violation of law.
9229	9229	20 (o) The authority may enter into agreements or contracts with any
9230	9230	21 financial institution as may be necessary, desirable, or convenient in
9231	9231	22 the opinion of the authority for rendering services in connection with:
9232	9232	23 (1) the care, custody, or safekeeping of securities or other
9233	9233	24 investments held or owned by the authority;
9234	9234	25 (2) the payment or collection of amounts payable as to principal
9235	9235	26 or interest; and
9236	9236	27 (3) the delivery to the authority of securities or other investments
9237	9237	28 purchased or sold by it.
9238	9238	29 The authority may also, in connection with any of the services rendered
9239	9239	30 by a financial institution as to custody and safekeeping of the
9240	9240	31 authority's securities or investments, require security in the form of
9241	9241	32 collateral bonds, surety agreements, or security agreements as, in the
9242	9242	33 opinion of the authority, is necessary or desirable.
9243	9243	34 (p) In the discretion of the authority, any bonds issued under this
9244	9244	35 chapter may be secured by a trust agreement by and between the
9245	9245	36 authority and a corporate trustee, which may be any trust company or
9246	9246	37 bank having the powers of a trust company in Indiana. Such a trust
9247	9247	38 agreement may also provide for a cotrustee, which may be any trust
9248	9248	39 company or bank in Indiana or another state.
9249	9249	40 (q) The trust agreement or the resolution providing for the issuance
9250	9250	41 of the bonds may contain provisions for protecting and enforcing the
9251	9251	42 rights and remedies of the owners of bonds as may be reasonable and
9252	9252	2024 IN 1267—LS 6912/DI 92 216
9253	9253	1 proper, in the discretion of the authority, and not in violation of law.
9254	9254	2 (r) Any trust agreement or resolution may contain other provisions
9255	9255	3 that the authority considers reasonable and proper for the security of
9256	9256	4 the owners of bonds.
9257	9257	5 (s) All expenses incurred in carrying out the provisions of the trust
9258	9258	6 agreement or resolution may be paid from money pledged or assigned
9259	9259	7 to the payment of the principal of and interest on bonds or from any
9260	9260	8 other funds available to the authority.
9261	9261	9 (t) Funds or money held by the authority under any trust agreement
9262	9262	10 or resolution may be invested pending disbursement as provided in the
9263	9263	11 trust agreement or the resolution. Such an investment is not restricted
9264	9264	12 by or subject to the provisions of any other law.
9265	9265	13 (u) Refunding or refunding and improvement revenue bonds may be
9266	9266	14 issued in accordance with the provisions for the refinancing or
9267	9267	15 refinancing and improving of any of the facilities for which revenue
9268	9268	16 bonds or a loan contract have been issued or made under this section
9269	9269	17 or section 16 of this chapter.
9270	9270	18 (v) This section constitutes full authority for the issuance of revenue
9271	9271	19 bonds. No procedure, proceedings, publications, notices, consents,
9272	9272	20 approvals, orders, acts, or things by the authority, by a board, an
9273	9273	21 officer, a commission, a department, an agency, or an instrumentality
9274	9274	22 of the state, or by an eligible entity is required to issue revenue bonds
9275	9275	23 or to do any act or perform anything under this chapter, except as
9276	9276	24 presented by this chapter. The powers conferred by this chapter are in
9277	9277	25 addition to, and not in substitution for, and the limitations imposed by
9278	9278	26 this section do not affect the powers conferred in another section of this
9279	9279	27 chapter or by any other statute.
9280	9280	28 SECTION 368. IC 8-22-4-2 IS AMENDED TO READ AS
9281	9281	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The airport
9282	9282	30 authority may sue and be sued, and shall adopt an official seal.
9283	9283	31 (b) The airport authority may appoint and remove or discharge
9284	9284	32 personnel as may be necessary for the performance of the airport's
9285	9285	33 functions irrespective of the civil service, personnel, or other merit
9286	9286	34 system laws of either of the party states.
9287	9287	35 (c) The airport authority shall elect annually, from its membership,
9288	9288	36 a chairman, chairperson, a vice chairman, chairperson, and a
9289	9289	37 treasurer.
9290	9290	38 (d) The airport authority may establish and maintain or participate
9291	9291	39 in programs of employee benefits as may be appropriate to afford
9292	9292	40 employees of the airport authority terms and conditions of employment
9293	9293	41 similar to those enjoyed by the employees of each of the party states.
9294	9294	42 (e) The airport authority may borrow, accept, or contract for the
9295	9295	2024 IN 1267—LS 6912/DI 92 217
9296	9296	1 services of personnel from a state, the United States, or a subdivision
9297	9297	2 or agency of either, from an interstate agency, or from any other
9298	9298	3 institution or person.
9299	9299	4 (f) The airport authority may accept for its purposes and functions
9300	9300	5 donations and grants of money, equipment, supplies, materials, and
9301	9301	6 services, conditional or otherwise, from a state, the United States, or a
9302	9302	7 subdivision or agency of either, from an interstate agency, or from any
9303	9303	8 other institution or person. The authority may receive, utilize and
9304	9304	9 dispose of the property.
9305	9305	10 (g) The airport authority may establish and maintain facilities that
9306	9306	11 may be necessary for the transaction of its business. The airport
9307	9307	12 authority may acquire, hold, and convey real and personal property and
9308	9308	13 any interest in it, and may enter into contracts for improvements upon
9309	9309	14 real estate appurtenant to the airport, including farming, extracting
9310	9310	15 minerals, subleasing, subdividing, promoting and developing of real
9311	9311	16 estate that aids and encourages the development and service of the
9312	9312	17 airport. The airport authority may engage contractors to provide airport
9313	9313	18 services and shall carefully observe all appropriate federal or state
9314	9314	19 regulations in the operation of the air facility.
9315	9315	20 (h) The airport authority may adopt official rules and regulations for
9316	9316	21 the conduct of its business and may amend or rescind them when
9317	9317	22 necessary.
9318	9318	23 (i) The airport authority shall annually make a report to the governor
9319	9319	24 of each party state concerning the activities of the airport authority for
9320	9320	25 the preceding year, embodying in the report recommendations that
9321	9321	26 have been adopted by the airport authority. The copies of the report
9322	9322	27 shall be submitted to the legislature or general assembly of each of the
9323	9323	28 party states at any regular session. A copy submitted to the general
9324	9324	29 assembly must be in an electronic format under IC 5-14-6. The airport
9325	9325	30 authority may issue additional reports that are necessary.
9326	9326	31 SECTION 369. IC 8-23-2-15, AS AMENDED BY P.L.120-2023,
9327	9327	32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9328	9328	33 JULY 1, 2024]: Sec. 15. (a) As used in this section, "highway worksite"
9329	9329	34 means an area where:
9330	9330	35 (1) highway construction, reconstruction, or maintenance is
9331	9331	36 actually occurring; and
9332	9332	37 (2) notice is posted indicating that the highway worksite is a
9333	9333	38 specific area designated with signage on the highway.
9334	9334	39 (b) The department may contract with the state police department
9335	9335	40 or local law enforcement agencies to hire off duty police officers to
9336	9336	41 patrol highway worksites. The duties of a police officer who is hired
9337	9337	42 under this section:
9338	9338	2024 IN 1267—LS 6912/DI 92 218
9339	9339	1 (1) are limited to those duties that the police officer normally
9340	9340	2 performs while on active duty; and
9341	9341	3 (2) do not include the duties of a:
9342	9342	4 (A) flagman; flagger; or
9343	9343	5 (B) security officer.
9344	9344	6 (c) The department shall use the money transferred to the
9345	9345	7 department under IC 33-37-9-4(a)(6) to pay the costs of hiring off duty
9346	9346	8 police officers to perform the duties described in subsection (b).
9347	9347	9 (d) All money transferred to the department under
9348	9348	10 IC 33-37-9-4(a)(6) is annually appropriated to pay off duty police
9349	9349	11 officers to perform the duties described in subsection (b).
9350	9350	12 SECTION 370. IC 9-13-2-64 IS AMENDED TO READ AS
9351	9351	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 64. "Flagman"
9352	9352	14 "Flagger" means an authorized person directing traffic in accordance
9353	9353	15 with the provisions of this title at a worksite.
9354	9354	16 SECTION 371. IC 9-13-2-146.5, AS ADDED BY P.L.8-2010,
9355	9355	17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9356	9356	18 JULY 1, 2024]: Sec. 146.5. "Railroad flagman", flagger", for purposes
9357	9357	19 of IC 9-21-8-41.7, has the meaning set forth in IC 9-21-8-41.7(a).
9358	9358	20 SECTION 372. IC 9-17-4-12, AS AMENDED BY P.L.198-2016,
9359	9359	21 SECTION 237, IS AMENDED TO READ AS FOLLOWS
9360	9360	22 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Before the bureau may issue
9361	9361	23 a certificate of title for a vehicle that is required under this chapter to
9362	9362	24 have a special identification number made or stamped on the vehicle,
9363	9363	25 the bureau shall require the person applying for the certificate of title
9364	9364	26 to sign a statement that the special identification number assigned to
9365	9365	27 the vehicle by the bureau has been made or stamped on the vehicle in
9366	9366	28 a workmanlike skilled manner. The statement must also be signed by
9367	9367	29 the law enforcement officer who inspected the vehicle and determined
9368	9368	30 that the special identification number was made or stamped in a
9369	9369	31 workmanlike skilled manner.
9370	9370	32 (b) This section does not affect the authority of a manufacturer or a
9371	9371	33 manufacturer's agent, other than a dealer licensed under IC 9-32, to
9372	9372	34 perform numbering on vehicles or motor vehicle parts that are removed
9373	9373	35 or changed and then replaced with other numbered motor vehicle parts.
9374	9374	36 SECTION 373. IC 9-21-8-39, AS AMENDED BY P.L.8-2010,
9375	9375	37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9376	9376	38 JULY 1, 2024]: Sec. 39. Whenever a person who drives a vehicle
9377	9377	39 approaches a railroad grade crossing, the person shall stop within fifty
9378	9378	40 (50) feet but not less than fifteen (15) feet from the nearest track of the
9379	9379	41 railroad and may not proceed until the person can do so safely under
9380	9380	42 the following circumstances:
9381	9381	2024 IN 1267—LS 6912/DI 92 219
9382	9382	1 (1) When a clearly visible electric or mechanical signal device
9383	9383	2 gives warning of the immediate approach of a train or other
9384	9384	3 on-track equipment.
9385	9385	4 (2) When a crossing gate is lowered or when a human flagman
9386	9386	5 flagger gives or continues to give a signal of the approach or
9387	9387	6 passage of a train or other on-track equipment.
9388	9388	7 (3) When a railroad train or other on-track equipment
9389	9389	8 approaching within one thousand five hundred (1,500) feet of a
9390	9390	9 highway crossing emits an audible signal and because of speed or
9391	9391	10 nearness to the crossing is an immediate hazard.
9392	9392	11 (4) When an approaching train or other on-track equipment is
9393	9393	12 plainly visible and is in hazardous proximity to the crossing.
9394	9394	13 SECTION 374. IC 9-21-8-40, AS AMENDED BY P.L.8-2010,
9395	9395	14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9396	9396	15 JULY 1, 2024]: Sec. 40. (a) A person may not operate or move a
9397	9397	16 caterpillar tractor, steam shovel, derrick, roller, or any equipment or
9398	9398	17 structure weighing more than ten (10) tons and having a normal
9399	9399	18 operating speed of not more than six (6) miles per hour or a vertical
9400	9400	19 body or load clearance of less than nine (9) inches above the level
9401	9401	20 surface of a roadway upon or across tracks at a railroad grade crossing
9402	9402	21 without first complying with this section.
9403	9403	22 (b) Notice of an intended crossing under this section shall be given
9404	9404	23 to a superintendent of the railroad, and a reasonable time shall be given
9405	9405	24 to the railroad to provide proper protection at the crossing.
9406	9406	25 (c) Before making a crossing under this section, the person
9407	9407	26 operating or moving a vehicle or equipment described in subsection (a)
9408	9408	27 shall first stop the vehicle or equipment not less than ten (10) feet and
9409	9409	28 not more than fifty (50) feet from the nearest rail or the railway. While
9410	9410	29 stopped, the person shall listen and look in both directions along the
9411	9411	30 track for an approaching train or other on-track equipment and for
9412	9412	31 signals indicating the approach of a train or other on-track equipment.
9413	9413	32 The person shall not proceed until the crossing can be made safely.
9414	9414	33 (d) A crossing may not be made when warning is given by
9415	9415	34 automatic signal, crossing gates, a flagman, flagger, or otherwise of the
9416	9416	35 immediate approach of a railroad train or other on-track equipment.
9417	9417	36 SECTION 375. IC 9-21-8-41, AS AMENDED BY P.L.217-2014,
9418	9418	37 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9419	9419	38 JULY 1, 2024]: Sec. 41. (a) A person who drives a vehicle may not
9420	9420	39 disobey the instructions of an official traffic control device placed in
9421	9421	40 accordance with this article unless otherwise directed by a police
9422	9422	41 officer.
9423	9423	42 (b) When a traffic control device or flagman flagger is utilized at a
9424	9424	2024 IN 1267—LS 6912/DI 92 220
9425	9425	1 worksite on a highway for traffic control, a person who drives a vehicle
9426	9426	2 shall exercise extraordinary care to secure the mutual safety of all
9427	9427	3 persons and vehicles at the worksite.
9428	9428	4 (c) All traffic shall observe and obey traffic control devices
9429	9429	5 including signals, signs, and warnings, and all directions, signs, or
9430	9430	6 warning devices that may be given or displayed by a police officer or
9431	9431	7 flagman flagger to safely control traffic movement at a worksite and
9432	9432	8 promote safety at a worksite.
9433	9433	9 SECTION 376. IC 9-21-8-41.7, AS AMENDED BY P.L.50-2011,
9434	9434	10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9435	9435	11 JULY 1, 2024]: Sec. 41.7. (a) For purposes of this section, "railroad
9436	9436	12 flagman" flagger" means a person who furnishes flag protection as
9437	9437	13 prescribed by rules of the carrier.
9438	9438	14 (b) A person who operates a vehicle shall obey the instructions of
9439	9439	15 a railroad flagman flagger to stop the vehicle before approaching a
9440	9440	16 location in which a train or other on-track equipment is or may be
9441	9441	17 located.
9442	9442	18 SECTION 377. IC 9-21-8-56, AS AMENDED BY P.L.120-2023,
9443	9443	19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9444	9444	20 JULY 1, 2024]: Sec. 56. (a) For purposes of this section, "highway
9445	9445	21 worksite" has the meaning set forth in IC 8-23-2-15.
9446	9446	22 (b) Except as provided in subsections (f) through (h), a person who
9447	9447	23 recklessly operates a vehicle in the immediate vicinity of a highway
9448	9448	24 worksite when workers are present commits a Class A misdemeanor.
9449	9449	25 (c) Except as provided in subsections (f) through (h), a person who
9450	9450	26 knowingly or intentionally operates a motor vehicle in the immediate
9451	9451	27 vicinity of a highway worksite when workers are present with the intent
9452	9452	28 to:
9453	9453	29 (1) damage traffic control devices; or
9454	9454	30 (2) inflict bodily injury on a worker;
9455	9455	31 commits a Class A misdemeanor.
9456	9456	32 (d) Except as provided in subsections (f) through (h), a person who
9457	9457	33 knowingly, intentionally, or recklessly engages in:
9458	9458	34 (1) aggressive driving, as defined in section 55 of this chapter; or
9459	9459	35 (2) a speed contest, as prohibited under IC 9-21-6-1;
9460	9460	36 in the immediate vicinity of a highway worksite when workers are
9461	9461	37 present commits a Class A misdemeanor.
9462	9462	38 (e) Except as provided in subsections (f) through (h), a person who
9463	9463	39 recklessly fails to obey a traffic control device or flagman, flagger, as
9464	9464	40 prohibited under section 41 of this chapter, in the immediate vicinity
9465	9465	41 of a highway worksite when workers are present commits a Class A
9466	9466	42 misdemeanor.
9467	9467	2024 IN 1267—LS 6912/DI 92 221
9468	9468	1 (f) An offense under subsection (b), (c), (d), or (e) is a Level 6
9469	9469	2 felony if the person who commits the offense:
9470	9470	3 (1) has a prior unrelated conviction under this section in the
9471	9471	4 previous five (5) years; or
9472	9472	5 (2) is operating the vehicle in violation of IC 9-30-5-1 or
9473	9473	6 IC 9-30-5-2.
9474	9474	7 (g) An offense under subsection (b), (c), (d), or (e) is a Level 6
9475	9475	8 felony if the offense results in bodily injury to a worker in the worksite.
9476	9476	9 (h) An offense under subsection (b), (c), (d), or (e) is a Level 5
9477	9477	10 felony if the offense results in the death of a worker in the worksite.
9478	9478	11 (i) A person who knowingly, intentionally, or recklessly engages in
9479	9479	12 an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4),
9480	9480	13 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a
9481	9481	14 highway worksite when workers are present commits a Class B
9482	9482	15 infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as
9483	9483	16 judgments for an infraction under this subsection shall be transferred
9484	9484	17 to the Indiana department of transportation to pay the costs of hiring off
9485	9485	18 duty police officers to perform the duties described in IC 8-23-2-15(b).
9486	9486	19 SECTION 378. IC 10-12-2-12, AS ADDED BY P.L.20-2019,
9487	9487	20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9488	9488	21 JULY 1, 2024]: Sec. 12. If during a state fiscal year beginning after
9489	9489	22 June 30, 2018, the trustee or the pension consultants perform a stress
9490	9490	23 test or a risk assessment on the trust fund, including a sensitivity
9491	9491	24 analysis of funding status, the trustee, or another suitable person
9492	9492	25 designated by the trustee, shall before November 1 of the following
9493	9493	26 state fiscal year:
9494	9494	27 (1) submit a report describing the stress tests and risk assessments
9495	9495	28 performed and the results of those tests and risk assessments to
9496	9496	29 the interim study committee on pension management oversight
9497	9497	30 established by IC 2-5-1.3-4 in an electronic format under
9498	9498	31 IC 5-14-6; and
9499	9499	32 (2) upon request from the chairman chairperson of the interim
9500	9500	33 study committee on pension management oversight, present a
9501	9501	34 summary of the information described in subdivision (1) to the
9502	9502	35 interim study committee on pension management oversight.
9503	9503	36 SECTION 379. IC 10-13-2-10 IS AMENDED TO READ AS
9504	9504	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The criminal
9505	9505	38 justice advisory committee is established.
9506	9506	39 (b) The committee consists of the following persons or their
9507	9507	40 designated representatives:
9508	9508	41 (1) The superintendent, who shall act as chairman. chairperson.
9509	9509	42 (2) The attorney general.
9510	9510	2024 IN 1267—LS 6912/DI 92 222
9511	9511	1 (3) The executive director of the criminal justice planning agency.
9512	9512	2 (4) The commissioner of corrections.
9513	9513	3 (5) One (1) county sheriff serving in the sheriff's second or
9514	9514	4 subsequent term of office.
9515	9515	5 (6) One (1) chief of police with at least two (2) years of
9516	9516	6 experience as chief.
9517	9517	7 (7) One (1) prosecuting attorney in the prosecuting attorney's
9518	9518	8 second or subsequent term of office.
9519	9519	9 (8) One (1) judge of a court of general criminal jurisdiction.
9520	9520	10 (9) The executive director of the law enforcement training
9521	9521	11 academy.
9522	9522	12 (10) A criminologist or forensic scientist.
9523	9523	13 (c) A member of the committee:
9524	9524	14 (1) must be appointed by the governor on a nonpartisan basis; and
9525	9525	15 (2) shall serve at the pleasure of the governor.
9526	9526	16 (d) A member of the committee serves without compensation except
9527	9527	17 per diem as provided by law.
9528	9528	18 (e) The committee shall meet as often as is considered necessary by
9529	9529	19 the superintendent to formulate or revise rules for the statewide
9530	9530	20 operation of the criminal justice data division.
9531	9531	21 SECTION 380. IC 10-14-3-17, AS AMENDED BY P.L.1-2009,
9532	9532	22 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9533	9533	23 JULY 1, 2024]: Sec. 17. (a) A political subdivision is:
9534	9534	24 (1) within the jurisdiction of; and
9535	9535	25 (2) served by;
9536	9536	26 a department of emergency management or by an interjurisdictional
9537	9537	27 agency responsible for disaster preparedness and coordination of
9538	9538	28 response.
9539	9539	29 (b) A county shall:
9540	9540	30 (1) maintain a county emergency management advisory council
9541	9541	31 and a county emergency management organization; or
9542	9542	32 (2) participate in an interjurisdictional disaster agency that, except
9543	9543	33 as otherwise provided under this chapter, may have jurisdiction
9544	9544	34 over and serve the entire county.
9545	9545	35 (c) The county emergency management advisory council consists of
9546	9546	36 the following individuals or their designees:
9547	9547	37 (1) The president of the county executive or, if the county
9548	9548	38 executive does not have a president, a member of the county
9549	9549	39 executive appointed from the membership of the county
9550	9550	40 executive.
9551	9551	41 (2) The president of the county fiscal body.
9552	9552	42 (3) The mayor of each city located in the county.
9553	9553	2024 IN 1267—LS 6912/DI 92 223
9554	9554	1 (4) An individual representing the legislative bodies of all towns
9555	9555	2 located in the county.
9556	9556	3 (5) Representatives of private and public agencies or
9557	9557	4 organizations that can assist emergency management considered
9558	9558	5 appropriate by the county emergency management advisory
9559	9559	6 council.
9560	9560	7 (6) One (1) commander of a local civil air patrol unit in the
9561	9561	8 county or the commander's designee.
9562	9562	9 (d) The county emergency management advisory council shall do
9563	9563	10 the following:
9564	9564	11 (1) Exercise general supervision and control over the emergency
9565	9565	12 management and disaster program of the county.
9566	9566	13 (2) Select or cause to be selected, with the approval of the county
9567	9567	14 executive, a county emergency management and disaster director
9568	9568	15 who:
9569	9569	16 (A) has direct responsibility for the organization,
9570	9570	17 administration, and operation of the emergency management
9571	9571	18 program in the county; and
9572	9572	19 (B) is responsible to the chairman chairperson of the county
9573	9573	20 emergency management advisory council.
9574	9574	21 (e) Notwithstanding any provision of this chapter or other law to the
9575	9575	22 contrary, the governor may require a political subdivision to establish
9576	9576	23 and maintain a disaster agency jointly with one (1) or more contiguous
9577	9577	24 political subdivisions with the concurrence of the affected political
9578	9578	25 subdivisions if the governor finds that the establishment and
9579	9579	26 maintenance of an agency or participation in one (1) is necessary by
9580	9580	27 circumstances or conditions that make it unusually difficult to provide:
9581	9581	28 (1) disaster prevention;
9582	9582	29 (2) preparedness;
9583	9583	30 (3) response; or
9584	9584	31 (4) recovery services;
9585	9585	32 under this chapter.
9586	9586	33 (f) A political subdivision that does not have a disaster agency and
9587	9587	34 has not made arrangements to secure or participate in the services of an
9588	9588	35 agency shall have an emergency management director designated to
9589	9589	36 facilitate the cooperation and protection of that political subdivision in
9590	9590	37 the work of:
9591	9591	38 (1) disaster prevention;
9592	9592	39 (2) preparedness;
9593	9593	40 (3) response; and
9594	9594	41 (4) recovery.
9595	9595	42 (g) The county emergency management and disaster director and
9596	9596	2024 IN 1267—LS 6912/DI 92 224
9597	9597	1 personnel of the department may be provided with appropriate:
9598	9598	2 (1) office space;
9599	9599	3 (2) furniture;
9600	9600	4 (3) vehicles;
9601	9601	5 (4) communications;
9602	9602	6 (5) equipment;
9603	9603	7 (6) supplies;
9604	9604	8 (7) stationery; and
9605	9605	9 (8) printing;
9606	9606	10 in the same manner as provided for personnel of other county agencies.
9607	9607	11 (h) Each local or interjurisdictional agency shall:
9608	9608	12 (1) prepare; and
9609	9609	13 (2) keep current;
9610	9610	14 a local or interjurisdictional disaster emergency plan for its area.
9611	9611	15 (i) The local or interjurisdictional disaster agency shall prepare and
9612	9612	16 distribute to all appropriate officials a clear and complete written
9613	9613	17 statement of:
9614	9614	18 (1) the emergency responsibilities of all local agencies and
9615	9615	19 officials; and
9616	9616	20 (2) the disaster chain of command.
9617	9617	21 (j) Each political subdivision may:
9618	9618	22 (1) appropriate and expend funds, make contracts, obtain and
9619	9619	23 distribute equipment, materials, and supplies for emergency
9620	9620	24 management and disaster purposes, provide for the health and
9621	9621	25 safety of persons and property, including emergency assistance to
9622	9622	26 the victims of a disaster resulting from enemy attack, provide for
9623	9623	27 a comprehensive insurance program for its emergency
9624	9624	28 management volunteers, and direct and coordinate the
9625	9625	29 development of an emergency management program and
9626	9626	30 emergency operations plan in accordance with the policies and
9627	9627	31 plans set by the federal emergency management agency and the
9628	9628	32 department of homeland security established by IC 10-19-2-1;
9629	9629	33 (2) appoint, employ, remove, or provide, with or without
9630	9630	34 compensation:
9631	9631	35 (A) rescue teams;
9632	9632	36 (B) auxiliary fire and police personnel; and
9633	9633	37 (C) other emergency management and disaster workers;
9634	9634	38 (3) establish:
9635	9635	39 (A) a primary; and
9636	9636	40 (B) one (1) or more secondary;
9637	9637	41 control centers to serve as command posts during an emergency;
9638	9638	42 (4) subject to the order of the governor or the chief executive of
9639	9639	2024 IN 1267—LS 6912/DI 92 225
9640	9640	1 the political subdivision, assign and make available for duty the
9641	9641	2 employees, property, or equipment of the political subdivision
9642	9642	3 relating to:
9643	9643	4 (A) firefighting;
9644	9644	5 (B) engineering;
9645	9645	6 (C) rescue;
9646	9646	7 (D) health, medical, and related services;
9647	9647	8 (E) police;
9648	9648	9 (F) transportation;
9649	9649	10 (G) construction; and
9650	9650	11 (H) similar items or services;
9651	9651	12 for emergency management and disaster purposes within or
9652	9652	13 outside the physical limits of the political subdivision; and
9653	9653	14 (5) in the event of a national security emergency or disaster
9654	9654	15 emergency as provided in section 12 of this chapter, waive
9655	9655	16 procedures and formalities otherwise required by law pertaining
9656	9656	17 to:
9657	9657	18 (A) the performance of public work;
9658	9658	19 (B) the entering into of contracts;
9659	9659	20 (C) the incurring of obligations;
9660	9660	21 (D) the employment of permanent and temporary workers;
9661	9661	22 (E) the use of volunteer workers;
9662	9662	23 (F) the rental of equipment;
9663	9663	24 (G) the purchase and distribution of supplies, materials, and
9664	9664	25 facilities; and
9665	9665	26 (H) the appropriation and expenditure of public funds.
9666	9666	27 SECTION 381. IC 10-14-3-31 IS AMENDED TO READ AS
9667	9667	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) A person in
9668	9668	29 Indiana shall conduct himself or herself behave and keep and manage
9669	9669	30 his or her the person's affairs and property in ways that will reasonably
9670	9670	31 assist and will not unreasonably detract from the ability of the state and
9671	9671	32 the public to successfully meet disaster emergencies. This obligation
9672	9672	33 includes appropriate personal service and use or restriction on the use
9673	9673	34 of property in time of disaster emergency. Compensation for services
9674	9674	35 or for the taking or use of property may be made only to the extent:
9675	9675	36 (1) that obligations recognized in this chapter are exceeded in a
9676	9676	37 particular case; and
9677	9677	38 (2) that the claimant has not volunteered the claimant's services
9678	9678	39 or property without compensation.
9679	9679	40 (b) Personal services may not be compensated by the state or any
9680	9680	41 subdivision or agency of the state except under statute, local law, or
9681	9681	42 ordinance.
9682	9682	2024 IN 1267—LS 6912/DI 92 226
9683	9683	1 (c) Compensation for property may be paid only if the property was
9684	9684	2 commandeered or otherwise used in coping with a disaster emergency
9685	9685	3 and its use or destruction was ordered by the governor or a member of
9686	9686	4 the disaster emergency forces of Indiana.
9687	9687	5 (d) Any person claiming compensation for the use, damage, loss, or
9688	9688	6 destruction of property under this chapter must make a claim for it. The
9689	9689	7 claim must be filed and shall be adjudicated as provided in IC 32-24.
9690	9690	8 (e) This section does not apply to or authorize compensation for the
9691	9691	9 destruction or damaging of standing timber or other property in order
9692	9692	10 to provide a fire break or to the release of waters or the breach of
9693	9693	11 impoundments in order to reduce pressure or other danger from actual
9694	9694	12 or threatened flood.
9695	9695	13 SECTION 382. IC 10-16-13-5 IS AMENDED TO READ AS
9696	9696	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The commissions
9697	9697	15 of the battalion officers shall be issued by the governor upon the
9698	9698	16 recommendation of the commandants and of the chairman chairperson
9699	9699	17 of the board of trustees of the school.
9700	9700	18 (b) The commissions of cadet officers may be issued by the
9701	9701	19 commandant. However, a cadet officer may not acquire any authority
9702	9702	20 over militiamen other than a cadet of the school because of the issuance
9703	9703	21 of the commission of cadet officer.
9704	9704	22 SECTION 383. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022,
9705	9705	23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9706	9706	24 JULY 1, 2024]: Sec. 3. (a) The council consists of the following
9707	9707	25 members:
9708	9708	26 (1) The governor or the governor's designee.
9709	9709	27 (2) The executive director.
9710	9710	28 (3) The superintendent of the state police department.
9711	9711	29 (4) The adjutant general.
9712	9712	30 (5) The state health commissioner.
9713	9713	31 (6) The commissioner of the department of environmental
9714	9714	32 management.
9715	9715	33 (7) The chairman chairperson of the Indiana utility regulatory
9716	9716	34 commission.
9717	9717	35 (8) The director of the department of natural resources or, if
9718	9718	36 designated by the director, the deputy director who manages the
9719	9719	37 bureau of administration.
9720	9720	38 (9) The chief information officer of the office of technology.
9721	9721	39 (10) The speaker of the house of representatives or the speaker's
9722	9722	40 designee.
9723	9723	41 (11) The president pro tempore of the senate or the president pro
9724	9724	42 tempore's designee.
9725	9725	2024 IN 1267—LS 6912/DI 92 227
9726	9726	1 (12) The minority leader of the house of representatives or the
9727	9727	2 minority leader's designee.
9728	9728	3 (13) The minority leader of the senate or the minority leader's
9729	9729	4 designee.
9730	9730	5 (b) The members of the council described in subsection (a)(10)
9731	9731	6 through (a)(13) are nonvoting members.
9732	9732	7 SECTION 384. IC 10-19-12-1, AS ADDED BY P.L.28-2022,
9733	9733	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9734	9734	9 JULY 1, 2024]: Sec. 1. This agreement shall be effective immediately
9735	9735	10 upon:
9736	9736	11 (1) approval by the U.S. Nuclear Regulatory Commission; and
9737	9737	12 (2) signing by the governor and the chairman chairperson of the
9738	9738	13 U.S. Nuclear Regulatory Commission.
9739	9739	14 SECTION 385. IC 11-9-1-1, AS AMENDED BY P.L.100-2012,
9740	9740	15 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9741	9741	16 JULY 1, 2024]: Sec. 1. (a) There is established, as a division of the
9742	9742	17 department, the parole board, consisting of five (5) members appointed
9743	9743	18 by the governor, not more than three (3) of whom may be affiliated
9744	9744	19 with the same political party. Members are appointed for a term of four
9745	9745	20 (4) years. A vacancy occurring before the expiration of a term shall be
9746	9746	21 filled by the governor for the remainder of the term. In the event of a
9747	9747	22 temporary inability to act of any member, the governor may appoint a
9748	9748	23 person qualified under this section to act in his the member's place
9749	9749	24 during the continuance of the inability. Members may be reappointed.
9750	9750	25 (b) To qualify for membership a person must:
9751	9751	26 (1) hold at least a bachelor's degree from an accredited college or
9752	9752	27 university; or
9753	9753	28 (2) have at least ten (10) years of law enforcement experience;
9754	9754	29 and must have the skill, training, or experience to analyze questions of
9755	9755	30 law, administration, and public policy. Members shall devote full time
9756	9756	31 to their duties, and are entitled to a salary to be determined by the state
9757	9757	32 budget agency with the approval of the governor. The governor shall
9758	9758	33 designate one (1) of the members to serve as chairman. chairperson.
9759	9759	34 SECTION 386. IC 11-10-6-1 IS AMENDED TO READ AS
9760	9760	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is hereby
9761	9761	36 established an industry and farm product advisory council to assist the
9762	9762	37 department in determining the need for products, the estimated volume
9763	9763	38 or number of units required, pricing policies, and other matters relating
9764	9764	39 to sales or promotion of such products manufactured or produced
9765	9765	40 within the correctional system. The commissioner shall inform the
9766	9766	41 council each year of the estimated number of offenders required to be
9767	9767	42 employed at each institution during the year by the department and the
9768	9768	2024 IN 1267—LS 6912/DI 92 228
9769	9769	1 offender work schedules for industry and farm production. With data
9770	9770	2 furnished by the department, the council shall recommend to the
9771	9771	3 commissioner an annual sales and production plan for all industry and
9772	9772	4 farm programs. The council shall study and advise in such other areas
9773	9773	5 or matters as may be referred by the commissioner or the administrator
9774	9774	6 in charge of industry and farm programs.
9775	9775	7 (b) The council shall meet annually or at such other times as the
9776	9776	8 commissioner considers necessary. The council is composed of the
9777	9777	9 following members:
9778	9778	10 (1) the commissioner, who shall be chairman; the chairperson;
9779	9779	11 (2) the commissioner of the department of administration;
9780	9780	12 (3) the state budget director;
9781	9781	13 (4) the administrator in charge of the industry and farm programs,
9782	9782	14 who shall act as secretary of the council; and
9783	9783	15 (5) the commissioner, at his the commissioner's discretion, may
9784	9784	16 appoint two (2) persons who are major users of industry and farm
9785	9785	17 products or who represent the general public.
9786	9786	18 SECTION 387. IC 11-10-12-1 IS AMENDED TO READ AS
9787	9787	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) When a
9788	9788	20 committed offender is released on parole or discharged from the
9789	9789	21 department, the department shall:
9790	9790	22 (1) within a reasonable period of time, return any property or
9791	9791	23 money, including accumulated earnings, held for the offender;
9792	9792	24 and
9793	9793	25 (2) provide him, the offender, if he the offender is unable to
9794	9794	26 provide them for himself, acquire them through the offender's
9795	9795	27 own resources, with at least one (1) set of clothing appropriate
9796	9796	28 for the season of the year of such quality and styling that he the
9797	9797	29 offender will not be identified as an ex-offender.
9798	9798	30 (b) The department, upon request by the offender, may issue a
9799	9799	31 complete set of serviceable work clothing, including work shoes, to an
9800	9800	32 offender whose occupation will require such clothing.
9801	9801	33 SECTION 388. IC 11-11-5-6 IS AMENDED TO READ AS
9802	9802	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Disciplinary action
9803	9803	35 may not be taken against a person before a determination of guilt.
9804	9804	36 However, a person charged with misconduct may be confined or
9805	9805	37 separated from the general population of the facility or program for a
9806	9806	38 reasonable period of time if his the person's continued presence in the
9807	9807	39 general population poses a serious threat to himself, the person, others,
9808	9808	40 property, or the security of the facility or program. The department
9809	9809	41 must review the status of that person at least once every five (5) days
9810	9810	42 to determine if the reason for segregation still exists. Any time spent
9811	9811	2024 IN 1267—LS 6912/DI 92 229
9812	9812	1 confined or separated from the general population before a
9813	9813	2 determination of guilt must be credited toward any period of
9814	9814	3 disciplinary segregation imposed.
9815	9815	4 SECTION 389. IC 11-12-2-2, AS AMENDED BY P.L.86-2017,
9816	9816	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9817	9817	6 JULY 1, 2024]: Sec. 2. (a) To qualify for financial aid under this
9818	9818	7 chapter, a county must establish a community corrections advisory
9819	9819	8 board by resolution of the county executive or, in a county having a
9820	9820	9 consolidated city, by the city-county council. A community corrections
9821	9821	10 advisory board consists of:
9822	9822	11 (1) the county sheriff or the sheriff's designee;
9823	9823	12 (2) the prosecuting attorney or the prosecuting attorney's
9824	9824	13 designee;
9825	9825	14 (3) the executive of the most populous municipality in the county
9826	9826	15 or the executive's designee;
9827	9827	16 (4) two (2) judges having criminal jurisdiction, if available,
9828	9828	17 appointed by the circuit court judge or the judges' designees;
9829	9829	18 (5) one (1) judge having juvenile jurisdiction, appointed by the
9830	9830	19 circuit court judge;
9831	9831	20 (6) one (1) public defender or the public defender's designee, if
9832	9832	21 available, or one (1) attorney with a substantial criminal defense
9833	9833	22 practice appointed by the county executive or, in a county having
9834	9834	23 a consolidated city, by the city-county council;
9835	9835	24 (7) one (1) victim, or victim advocate if available, appointed by
9836	9836	25 the county executive or, in a county having a consolidated city, by
9837	9837	26 the city-county council;
9838	9838	27 (8) one (1) ex-offender, if available, appointed by the county
9839	9839	28 executive or, in a county having a consolidated city, by the
9840	9840	29 city-county council;
9841	9841	30 (9) the director of the local office of the department of child
9842	9842	31 services or the director's designee;
9843	9843	32 (10) a representative from a juvenile correctional facility or
9844	9844	33 juvenile detention center in the county, but if no facility exists,
9845	9845	34 one (1) mental health representative chosen by the judge
9846	9846	35 described in subdivision (5);
9847	9847	36 (11) a representative from the Juvenile Detention Alternatives
9848	9848	37 Initiative, but if no program exists, a representative from the court
9849	9849	38 appointed special advocate program in the county or guardian ad
9850	9850	39 litem program in the county; and
9851	9851	40 (12) the following members appointed by the county executive or,
9852	9852	41 in a county having a consolidated city, by the city-county council:
9853	9853	42 (A) One (1) member of the county fiscal body or the member's
9854	9854	2024 IN 1267—LS 6912/DI 92 230
9855	9855	1 designee.
9856	9856	2 (B) One (1) probation officer.
9857	9857	3 (C) One (1) juvenile probation officer.
9858	9858	4 (D) One (1) educational administrator.
9859	9859	5 (E) One (1) representative of a private correctional agency, if
9860	9860	6 such an agency exists in the county.
9861	9861	7 (F) One (1) mental health administrator, or, if there is none
9862	9862	8 available in the county, one (1) psychiatrist, psychologist, or
9863	9863	9 physician.
9864	9864	10 (G) Four (4) lay persons, at least one (1) of whom must be a
9865	9865	11 member of a minority race if a racial minority resides in the
9866	9866	12 county and a member of that minority is willing to serve.
9867	9867	13 (b) Designees of officials designated under subsection (a)(1)
9868	9868	14 through (a)(6), (a)(9), and (a)(12)(A) serve at the pleasure of the
9869	9869	15 designating official.
9870	9870	16 (c) Members of the advisory board appointed by the county
9871	9871	17 executive or, in a county having a consolidated city, by the city-county
9872	9872	18 council, shall be appointed for a term of four (4) years. The criminal
9873	9873	19 defense attorney, the ex-offender, and the victim or victim advocate
9874	9874	20 shall be appointed for a term of four (4) years. Other members serve
9875	9875	21 only while holding the office or position held at the time of
9876	9876	22 appointment. The circuit court judge may fill the position of the judge
9877	9877	23 having juvenile court jurisdiction by self appointment if the circuit
9878	9878	24 court judge is otherwise qualified. A vacancy occurring before the
9879	9879	25 expiration of the term of office shall be filled in the same manner as
9880	9880	26 original appointments for the unexpired term. Members may be
9881	9881	27 reappointed.
9882	9882	28 (d) Two (2) or more counties, by resolution of their county
9883	9883	29 executives or, in a county having a consolidated city, by the city-county
9884	9884	30 council, may combine to apply for financial aid under this chapter. If
9885	9885	31 counties so combine, the counties may establish one (1) community
9886	9886	32 corrections advisory board to serve these counties. This board must
9887	9887	33 contain the representation prescribed in subsection (a), but the
9888	9888	34 members may come from the participating counties as determined by
9889	9889	35 agreement of the county executives or, in a county having a
9890	9890	36 consolidated city, by the city-county council.
9891	9891	37 (e) The members of the community corrections advisory board shall,
9892	9892	38 within thirty (30) days after the last initial appointment is made, meet
9893	9893	39 and elect one (1) member as chairman chairperson and another as vice
9894	9894	40 chairman chairperson and appoint a secretary-treasurer who need not
9895	9895	41 be a member. A majority of the members of a community corrections
9896	9896	42 advisory board may provide for a number of members that is:
9897	9897	2024 IN 1267—LS 6912/DI 92 231
9898	9898	1 (1) less than a majority of the members; and
9899	9899	2 (2) at least six (6);
9900	9900	3 to constitute a quorum for purposes of transacting business. The
9901	9901	4 affirmative votes of at least five (5) members, but not less than a
9902	9902	5 majority of the members present, are required for the board to take
9903	9903	6 action. A vacancy in the membership does not impair the right of a
9904	9904	7 quorum to transact business.
9905	9905	8 (f) The county executive and county fiscal body shall provide
9906	9906	9 necessary assistance and appropriations to the community corrections
9907	9907	10 advisory board established for that county. Appropriations required
9908	9908	11 under this subsection are limited to amounts received from the
9909	9909	12 following sources:
9910	9910	13 (1) Department grants.
9911	9911	14 (2) User fees.
9912	9912	15 (3) Other funds as contained within an approved plan.
9913	9913	16 Additional funds may be appropriated as determined by the county
9914	9914	17 executive and county fiscal body.
9915	9915	18 SECTION 390. IC 11-13-1-6 IS AMENDED TO READ AS
9916	9916	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. There is established
9917	9917	20 within the judicial conference of Indiana a probation standards and
9918	9918	21 practices advisory committee, consisting of the following ten (10)
9919	9919	22 members, not more than five (5) of whom may be affiliated with the
9920	9920	23 same political party:
9921	9921	24 (1) the chief justice of the supreme court or his the chief justice's
9922	9922	25 designee, who shall serve as chairman chairperson of the
9923	9923	26 committee;
9924	9924	27 (2) the commissioner or his the commissioner's designee;
9925	9925	28 (3) one (1) judge of a circuit or superior court having criminal
9926	9926	29 jurisdiction;
9927	9927	30 (4) one (1) judge of a county or municipal court having criminal
9928	9928	31 jurisdiction;
9929	9929	32 (5) one (1) judge of a circuit or superior court having juvenile
9930	9930	33 jurisdiction;
9931	9931	34 (6) one (1) supervising probation officer;
9932	9932	35 (7) two (2) probation officers, one (1) whose primary
9933	9933	36 responsibility is adult supervision and one (1) whose primary
9934	9934	37 responsibility is juvenile supervision; and
9935	9935	38 (8) two (2) lay persons.
9936	9936	39 SECTION 391. IC 11-13-1-7 IS AMENDED TO READ AS
9937	9937	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Other than the
9938	9938	41 commissioner and the chief justice, who shall serve by virtue of their
9939	9939	42 offices, or their designees, members of the probation standards and
9940	9940	2024 IN 1267—LS 6912/DI 92 232
9941	9941	1 practices advisory committee shall be appointed by the governor. All
9942	9942	2 appointments shall be made for terms of four (4) years or while
9943	9943	3 maintaining the position held at the time of appointment to the
9944	9944	4 committee, whichever is the lesser period. Appointees shall serve as
9945	9945	5 members of the committee only while holding the office or position
9946	9946	6 held at the time of appointment.
9947	9947	7 (b) Vacancies on the committee caused by resignation, death, or
9948	9948	8 removal shall be filled for the unexpired term of the member succeeded
9949	9949	9 in the same manner as the original appointment. Members may be
9950	9950	10 reappointed for additional terms. The appointed members of the
9951	9951	11 committee may be removed by the governor for cause after an
9952	9952	12 opportunity to be heard by the governor upon due notice.
9953	9953	13 (c) Each appointed member is entitled to the minimum salary per
9954	9954	14 diem as provided in IC 4-10-11-2.1(b) for each day engaged in the
9955	9955	15 official business of the committee. In addition, each member is entitled
9956	9956	16 to reimbursement for traveling and other expenses as provided in the
9957	9957	17 state travel policies and procedures established by the state department
9958	9958	18 of administration and approved by the state budget agency. The
9959	9959	19 committee shall meet at least three (3) times a year and at other times
9960	9960	20 at the call of the chairman. chairperson. The chairman chairperson
9961	9961	21 shall call the organizational meeting of the committee within thirty (30)
9962	9962	22 days after the last initial appointment to the committee has been made
9963	9963	23 by the governor. For the purposes of transacting business, a majority of
9964	9964	24 the membership constitutes a quorum.
9965	9965	25 SECTION 392. IC 11-13-3-8 IS AMENDED TO READ AS
9966	9966	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) If an employee
9967	9967	27 of the department assigned to supervise and assist parolees believes
9968	9968	28 that a parolee has violated a condition to remaining on parole, he the
9969	9969	29 employee may submit a written report of the violation to the parole
9970	9970	30 board. After considering the report and making any further
9971	9971	31 investigation it considers appropriate, the parole board may:
9972	9972	32 (1) dismiss all further proceedings on the alleged violation;
9973	9973	33 (2) instruct the employee to handle the matter informally;
9974	9974	34 (3) request the parolee to meet informally with the parole board
9975	9975	35 to review his the parolee's parole obligations; or
9976	9976	36 (4) intensify parole supervision and reporting.
9977	9977	37 (b) Upon a showing of probable cause to believe the parolee
9978	9978	38 violated a condition to remaining on parole, the chairman chairperson
9979	9979	39 (or a member of the parole board designated by the chairman
9980	9980	40 chairperson to act in the absence of the chairman) chairperson) may
9981	9981	41 issue an order for the parolee to appear for a revocation hearing on the
9982	9982	42 alleged violation.
9983	9983	2024 IN 1267—LS 6912/DI 92 233
9984	9984	1 (c) Upon a showing of probable cause to believe the parolee
9985	9985	2 violated a condition to remaining on parole, the chairman chairperson
9986	9986	3 (or a member of the parole board designated by the chairman
9987	9987	4 chairperson to act in the absence of the chairman) chairperson) may
9988	9988	5 issue a warrant for the arrest and confinement of the parolee pending
9989	9989	6 a preliminary hearing. An employee of the department or any person
9990	9990	7 authorized to execute warrants may execute the warrant.
9991	9991	8 (d) Upon a showing of probable cause to believe that an alleged
9992	9992	9 parole violator has fled the state, the chairman chairperson (or a
9993	9993	10 member of the parole board who is designated by the chairman
9994	9994	11 chairperson to act in the absence of the chairman) chairperson) may:
9995	9995	12 (1) issue a warrant for the arrest and confinement of the parolee;
9996	9996	13 and
9997	9997	14 (2) order that the parolee be returned to the state;
9998	9998	15 to ensure the appearance of the parolee at a parole revocation hearing.
9999	9999	16 (e) If the parole board issues an order, under subsection (b), for the
10000	10000	17 parolee to appear for a revocation hearing, the parolee shall be given
10001	10001	18 written notice of:
10002	10002	19 (1) the date, time, and place of the hearing;
10003	10003	20 (2) the condition alleged to have been violated;
10004	10004	21 (3) the procedures and rights applicable to that hearing; and
10005	10005	22 (4) the possible sanctions if a violation is found.
10006	10006	23 (f) If the parole board issues a warrant, under subsection (c), for the
10007	10007	24 arrest and confinement of the parolee pending a preliminary hearing,
10008	10008	25 the parolee shall be given written notice of:
10009	10009	26 (1) the date, time, and place of the hearing;
10010	10010	27 (2) the condition alleged to have been violated;
10011	10011	28 (3) the procedures and rights applicable to the hearing;
10012	10012	29 (4) his the parolee's right to a revocation hearing and the
10013	10013	30 procedures and rights applicable to that hearing if probable cause
10014	10014	31 is found to exist; and
10015	10015	32 (5) the possible sanctions if a violation is found at a revocation
10016	10016	33 hearing.
10017	10017	34 (g) The issuance of an order to appear or arrest warrant under this
10018	10018	35 section tolls the period of parole until the parole board's final
10019	10019	36 determination of the charge. However, the tolled period shall be
10020	10020	37 restored if there is a finding of no violation, if a finding of a violation
10021	10021	38 is later overturned, or if the parole violation charge is dismissed.
10022	10022	39 SECTION 393. IC 11-13-4.5-2, AS AMENDED BY P.L.161-2018,
10023	10023	40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10024	10024	41 JULY 1, 2024]: Sec. 2. (a) As used in this section, "council" refers to:
10025	10025	42 (1) the state council for interstate adult offender supervision
10026	10026	2024 IN 1267—LS 6912/DI 92 234
10027	10027	1 described in section 1 of this chapter (Article III of the interstate
10028	10028	2 compact for adult offender supervision); and
10029	10029	3 (2) the state council for interstate juvenile supervision described
10030	10030	4 in section 1.5 of this chapter (Article VIII of the interstate
10031	10031	5 compact for juveniles).
10032	10032	6 (b) The council consists of the following members:
10033	10033	7 (1) The commissioner of the department of correction.
10034	10034	8 (2) The chief administrative officer of the office of judicial
10035	10035	9 administration or the chief administrative officer's designee.
10036	10036	10 (3) The executive director of the Indiana criminal justice institute.
10037	10037	11 (4) One (1) member of a victim's group appointed by the governor
10038	10038	12 upon recommendation of the executive director of the Indiana
10039	10039	13 criminal justice institute.
10040	10040	14 (5) The executive director of the Indiana sheriffs' association.
10041	10041	15 (6) The executive director of the public defender council of
10042	10042	16 Indiana.
10043	10043	17 (7) The executive director of the prosecuting attorneys council of
10044	10044	18 Indiana.
10045	10045	19 (8) One (1) member of the general assembly appointed by the
10046	10046	20 chairman chairperson of the legislative council. The legislative
10047	10047	21 member serves at the pleasure of the chairman chairperson of the
10048	10048	22 legislative council.
10049	10049	23 (9) The compact administrator, if the compact administrator is not
10050	10050	24 already a member of the council.
10051	10051	25 (10) The director of the department of child services.
10052	10052	26 (11) The president of the Indiana council of juvenile and family
10053	10053	27 court judges.
10054	10054	28 (c) The chief administrative officer of the office of judicial
10055	10055	29 administration shall serve as the chairperson of the council.
10056	10056	30 (d) The office of judicial administration shall staff the council.
10057	10057	31 (e) The council shall meet at the call of the chairperson or upon
10058	10058	32 request by a majority of the members, but at least one (1) time per
10059	10059	33 calendar year.
10060	10060	34 (f) The commissioner of the department of correction shall appoint
10061	10061	35 sufficient deputy compact administrators to fulfill Indiana's obligations
10062	10062	36 under the interstate compact for adult offender supervision with respect
10063	10063	37 to out-of-state offenders who are on parole.
10064	10064	38 (g) The chief administrative officer or designee of the office of
10065	10065	39 judicial administration shall appoint sufficient deputy compact
10066	10066	40 administrators to fulfill Indiana's obligations under the interstate
10067	10067	41 compact for adult offender supervision with respect to out-of-state
10068	10068	42 offenders who are on probation.
10069	10069	2024 IN 1267—LS 6912/DI 92 235
10070	10070	1 (h) The council has the following duties:
10071	10071	2 (1) The council shall receive the recommendation of the
10072	10072	3 commissioner of the department of correction and the chief
10073	10073	4 administrative officer of the office of judicial administration
10074	10074	5 concerning the appointment of a compact administrator.
10075	10075	6 (2) The council shall appoint the compact administrator, who
10076	10076	7 shall serve as commissioner on the interstate commission. If the
10077	10077	8 compact administrator is unable to serve as commissioner at a
10078	10078	9 meeting of the interstate commission, the council shall designate
10079	10079	10 another person to serve in place of the compact administrator.
10080	10080	11 (3) The council shall oversee activities of the interstate
10081	10081	12 commission.
10082	10082	13 (4) The council may make recommendations concerning the
10083	10083	14 operation of the interstate compact within Indiana and to facilitate
10084	10084	15 the implementation of the rules and bylaws adopted by the
10085	10085	16 interstate commission.
10086	10086	17 (5) The council shall carry out the duties of the state council
10087	10087	18 under section 1.5 of this chapter.
10088	10088	19 (i) The expenses of the council shall be paid from appropriations
10089	10089	20 made to the Indiana supreme court.
10090	10090	21 (j) Each member of the council who is not a state employee is not
10091	10091	22 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
10092	10092	23 The member is entitled to reimbursement for traveling expenses as
10093	10093	24 provided under IC 4-13-1-4 and other expenses actually incurred in
10094	10094	25 connection with the member's duties as provided in the state policies
10095	10095	26 and procedures established by the Indiana department of administration
10096	10096	27 and approved by the budget agency.
10097	10097	28 (k) Each member of the council who is a state employee but who is
10098	10098	29 not a member of the general assembly is entitled to reimbursement for
10099	10099	30 traveling expenses as provided under IC 4-13-1-4 and other expenses
10100	10100	31 actually incurred in connection with the member's duties as provided
10101	10101	32 in the state policies and procedures established by the Indiana
10102	10102	33 department of administration and approved by the budget agency.
10103	10103	34 (l) Each member of the council who is a member of the general
10104	10104	35 assembly is entitled to receive the same per diem, mileage, and travel
10105	10105	36 allowances paid to legislative members of interim study committees
10106	10106	37 established by the legislative council. Per diem, mileage, and travel
10107	10107	38 allowances paid under this subsection shall be paid from appropriations
10108	10108	39 made to the legislative council or the legislative services agency.
10109	10109	40 (m) A member of the council who is a member of the general
10110	10110	41 assembly serves as a nonvoting member.
10111	10111	42 (n) The affirmative votes of a majority of the voting members
10112	10112	2024 IN 1267—LS 6912/DI 92 236
10113	10113	1 appointed to the council are required for the committee to take action
10114	10114	2 on any measure, including making a recommendation.
10115	10115	3 SECTION 394. IC 12-10-2-4 IS AMENDED TO READ AS
10116	10116	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The term of a
10117	10117	5 member of the commission is four (4) years. The term of a member
10118	10118	6 filling a vacancy is for the remainder of the unexpired term.
10119	10119	7 (b) The term of a member of the commission expires July 1, but a
10120	10120	8 member continues in office until a successor is appointed.
10121	10121	9 (c) The governor may terminate the appointment of a member of the
10122	10122	10 commission by notifying the member, the chairman chairperson of the
10123	10123	11 commission, and the director.
10124	10124	12 SECTION 395. IC 12-10-2-5 IS AMENDED TO READ AS
10125	10125	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. At its first meeting
10126	10126	14 of each year, the commission shall elect a chairman, chairperson, three
10127	10127	15 (3) vice chairmen, chairpersons, and a secretary to serve for one (1)
10128	10128	16 year. These officers are the executive committee of the commission.
10129	10129	17 SECTION 396. IC 12-10-11-2, AS AMENDED BY P.L.32-2021,
10130	10130	18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10131	10131	19 JULY 1, 2024]: Sec. 2. (a) The board consists of the following fifteen
10132	10132	20 (15) members:
10133	10133	21 (1) The director of the division of aging or the director's designee.
10134	10134	22 (2) The chairman chairperson of the Indiana state commission on
10135	10135	23 aging or the chairman's chairperson's designee.
10136	10136	24 (3) Three (3) citizens nominated by two (2) or more organizations
10137	10137	25 that:
10138	10138	26 (A) represent senior citizens; and
10139	10139	27 (B) have statewide membership.
10140	10140	28 (4) One (1) citizen nominated by one (1) or more organizations
10141	10141	29 that:
10142	10142	30 (A) represent individuals with disabilities, including
10143	10143	31 individuals who are less than eighteen (18) years of age; and
10144	10144	32 (B) have statewide membership.
10145	10145	33 (5) One (1) citizen nominated by one (1) or more organizations
10146	10146	34 that:
10147	10147	35 (A) represent individuals with mental illness, including
10148	10148	36 dementia; and
10149	10149	37 (B) have statewide membership.
10150	10150	38 (6) One (1) provider who provides services under IC 12-10-10.
10151	10151	39 (7) One (1) licensed physician, physician assistant, or registered
10152	10152	40 nurse who specializes either in the field of gerontology or in the
10153	10153	41 field of disabilities.
10154	10154	42 (8) Two (2) home care services advocates or policy specialists
10155	10155	2024 IN 1267—LS 6912/DI 92 237
10156	10156	1 nominated by two (2) or more:
10157	10157	2 (A) organizations;
10158	10158	3 (B) associations; or
10159	10159	4 (C) nongovernmental agencies;
10160	10160	5 that advocate on behalf of home care consumers, including an
10161	10161	6 organization listed in subdivision (3) that represents senior
10162	10162	7 citizens or persons with disabilities.
10163	10163	8 (9) Two (2) members of the senate, who may not be members of
10164	10164	9 the same political party, appointed by the president pro tempore
10165	10165	10 of the senate with the advice of the minority leader of the senate.
10166	10166	11 (10) Two (2) members of the house of representatives, who may
10167	10167	12 not be members of the same political party, appointed by the
10168	10168	13 speaker of the house of representatives with the advice of the
10169	10169	14 minority leader of the house of representatives.
10170	10170	15 The members of the board listed in subdivisions (9) and (10) are
10171	10171	16 nonvoting members.
10172	10172	17 (b) The members of the board designated by subsection (a)(3)
10173	10173	18 through (a)(8) shall be appointed by the governor for terms of four (4)
10174	10174	19 years. The term of a member of the board expires July 1. However, a
10175	10175	20 member may continue to serve until a successor is appointed. In case
10176	10176	21 of a vacancy, the governor shall appoint an individual to serve for the
10177	10177	22 remainder of the unexpired term.
10178	10178	23 (c) The division shall establish notice and selection procedures to
10179	10179	24 notify the public of the board's nomination process described in this
10180	10180	25 chapter. Information must be distributed through:
10181	10181	26 (1) the area agencies on aging; and
10182	10182	27 (2) all organizations, associations, and nongovernmental agencies
10183	10183	28 that work with the division on home care issues and programs.
10184	10184	29 SECTION 397. IC 12-10-11-5 IS AMENDED TO READ AS
10185	10185	30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Each year the board
10186	10186	31 shall elect from its membership a chairman chairperson and vice
10187	10187	32 chairman. chairperson.
10188	10188	33 SECTION 398. IC 12-15-33-8, AS AMENDED BY P.L.140-2019,
10189	10189	34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10190	10190	35 JULY 1, 2024]: Sec. 8. (a) A subcommittee may be created as the
10191	10191	36 committee considers necessary.
10192	10192	37 (b) The committee shall create a standing fiscal subcommittee.
10193	10193	38 (c) The chairman chairperson of each subcommittee must be a
10194	10194	39 member of the committee.
10195	10195	40 (d) Subcommittees may convene as often as needed.
10196	10196	41 SECTION 399. IC 12-15-35-25 IS AMENDED TO READ AS
10197	10197	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The board shall
10198	10198	2024 IN 1267—LS 6912/DI 92 238
10199	10199	1 annually elect a chairman chairperson from the members of the board.
10200	10200	2 (b) The chairman chairperson may be re-elected to serve
10201	10201	3 consecutive terms as chairman. chairperson.
10202	10202	4 (c) A member of the board who is not a state employee is entitled to
10203	10203	5 the minimum salary per diem as provided by IC 4-10-11-2.1(b). Each
10204	10204	6 member of the board is entitled to reimbursement for traveling
10205	10205	7 expenses and other expenses actually incurred in connection with the
10206	10206	8 member's duties as provided in the state travel policies and procedures
10207	10207	9 established by the Indiana department of administration and the budget
10208	10208	10 agency.
10209	10209	11 (d) Each member of the board who is a state employee is entitled to
10210	10210	12 reimbursement for traveling expenses actually incurred in connection
10211	10211	13 with the member's duties, as provided in the state travel policies and
10212	10212	14 procedures established by the Indiana department of administration and
10213	10213	15 approved by the budget agency.
10214	10214	16 SECTION 400. IC 12-15-35-45, AS AMENDED BY P.L.152-2017,
10215	10215	17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10216	10216	18 JULY 1, 2024]: Sec. 45. (a) The chairman chairperson of the board,
10217	10217	19 subject to the approval of the board members, may appoint an advisory
10218	10218	20 committee to make recommendations to the board on the development
10219	10219	21 of a Medicaid outpatient drug formulary.
10220	10220	22 (b) If the office decides to establish a Medicaid outpatient drug
10221	10221	23 formulary, the formulary shall be developed by the board.
10222	10222	24 (c) A formulary, preferred drug list, or prescription drug benefit
10223	10223	25 used by a managed care organization is subject to IC 12-15-5-5,
10224	10224	26 IC 12-15-35.5, and sections 46 and 47 of this chapter.
10225	10225	27 SECTION 401. IC 12-20-25-29, AS AMENDED BY P.L.145-2006,
10226	10226	28 SECTION 121, IS AMENDED TO READ AS FOLLOWS
10227	10227	29 [EFFECTIVE JULY 1, 2024]: Sec. 29. (a) A township assistance
10228	10228	30 control board is established for each distressed township. The governor
10229	10229	31 shall appoint the following members to the control board:
10230	10230	32 (1) The budget director or the director's designee, who shall serve
10231	10231	33 as the chairman chairperson of the board.
10232	10232	34 (2) One (1) representative of the state board of accounts.
10233	10233	35 (3) One (1) representative of the department.
10234	10234	36 (4) One (1) representative of the division of family resources.
10235	10235	37 (5) One (1) elected public official of the county.
10236	10236	38 (6) One (1) township trustee.
10237	10237	39 (7) One (1) individual who:
10238	10238	40 (A) resides in the county or is employed in the county by an
10239	10239	41 employer paying taxes in the county; and
10240	10240	42 (B) is or agrees to become familiar with township assistance.
10241	10241	2024 IN 1267—LS 6912/DI 92 239
10242	10242	1 (8) The township trustee of the distressed township, who shall
10243	10243	2 serve as a nonvoting ex officio member of the control board.
10244	10244	3 (b) The members of the control board serve at the pleasure of the
10245	10245	4 governor.
10246	10246	5 (c) Each member of the board who is not a state employee or an
10247	10247	6 elected official is entitled to the minimum salary per diem provided by
10248	10248	7 IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for
10249	10249	8 traveling expenses and other expenses actually incurred in connection
10250	10250	9 with the member's duties, as provided in the state travel policies and
10251	10251	10 procedures established by the Indiana department of administration and
10252	10252	11 approved by the budget agency.
10253	10253	12 SECTION 402. IC 12-30-2-10, AS AMENDED BY P.L.73-2005,
10254	10254	13 SECTION 155, IS AMENDED TO READ AS FOLLOWS
10255	10255	14 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The superintendent of the
10256	10256	15 county home shall manage the county home and its farm to the best
10257	10257	16 interests of the county.
10258	10258	17 (b) The superintendent shall maintain order and discipline and shall
10259	10259	18 assign a reasonable amount of labor to every resident who is able to
10260	10260	19 perform labor. A resident may not be excused from labor except by the
10261	10261	20 superintendent or by the county physician for cause. The excuse of a
10262	10262	21 resident by the physician shall be for a definite time, except in the case
10263	10263	22 of:
10264	10264	23 (1) residents at least seventy (70) years of age; or
10265	10265	24 (2) residents suffering from a physical or mental disability that
10266	10266	25 makes the residents unfit for labor;
10267	10267	26 to whom a permanent excuse may be given by the physician.
10268	10268	27 (c) A resident who refuses to perform the task assigned by the
10269	10269	28 superintendent may be dismissed from the county home by the
10270	10270	29 superintendent and can only be readmitted within six (6) weeks after
10271	10271	30 dismissal:
10272	10272	31 (1) with the consent of the superintendent; or
10273	10273	32 (2) upon an order that is issued by the township trustee as the
10274	10274	33 administrator of township assistance and endorsed by the
10275	10275	34 chairman chairperson of the board of commissioners.
10276	10276	35 SECTION 403. IC 13-13-7.1-6, AS ADDED BY P.L.53-2014,
10277	10277	36 SECTION 119, IS AMENDED TO READ AS FOLLOWS
10278	10278	37 [EFFECTIVE JULY 1, 2024]: Sec. 6. The chairman chairperson of the
10279	10279	38 legislative council shall appoint the chair of the panel from the
10280	10280	39 members appointed under section 2(1) or 2(2) of this chapter. The chair
10281	10281	40 of the panel serves at the pleasure of the chairman chairperson of the
10282	10282	41 legislative council.
10283	10283	42 SECTION 404. IC 13-25-1-4 IS AMENDED TO READ AS
10284	10284	2024 IN 1267—LS 6912/DI 92 240
10285	10285	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The governor shall
10286	10286	2 appoint:
10287	10287	3 (1) a chairman; chairperson; and
10288	10288	4 (2) a vice chairman; chairperson;
10289	10289	5 of the commission from among the members of the commission.
10290	10290	6 SECTION 405. IC 13-25-1-5 IS AMENDED TO READ AS
10291	10291	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The commission
10292	10292	8 shall meet as follows:
10293	10293	9 (1) At least one (1) time every three (3) months.
10294	10294	10 (2) At the call of the chairman. chairperson.
10295	10295	11 (b) A majority of the members constitutes a quorum for the
10296	10296	12 authority to conduct business.
10297	10297	13 SECTION 406. IC 14-10-1-5 IS AMENDED TO READ AS
10298	10298	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) One (1) time each
10299	10299	15 year the commission shall elect officers from the membership of the
10300	10300	16 commission. The officers must include the following:
10301	10301	17 (1) A chairman, chairperson, who shall preside at meetings.
10302	10302	18 (2) A vice chairman, chairperson, who shall preside at meetings
10303	10303	19 in the absence of the chairman. chairperson.
10304	10304	20 (3) A secretary, who shall cause the preparation and maintenance
10305	10305	21 of records of the business of the commission.
10306	10306	22 (b) Officers:
10307	10307	23 (1) serve for terms of one (1) year; and
10308	10308	24 (2) may be reelected by the membership of the commission.
10309	10309	25 SECTION 407. IC 14-10-1-7 IS AMENDED TO READ AS
10310	10310	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The commission
10311	10311	27 shall have at least four (4) regular meetings in each fiscal year and as
10312	10312	28 many additional or special meetings as the commission's business,
10313	10313	29 powers, or duties require.
10314	10314	30 (b) The chairman: chairperson:
10315	10315	31 (1) may call a special meeting; and
10316	10316	32 (2) shall call a special meeting at the request of any five (5)
10317	10317	33 members.
10318	10318	34 SECTION 408. IC 14-12-1-7 IS AMENDED TO READ AS
10319	10319	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. At the foundation's
10320	10320	36 first meeting after June 30 of each year, the members shall select one
10321	10321	37 (1) of the members to serve as chairman chairperson until the
10322	10322	38 chairman's chairperson's successor is selected.
10323	10323	39 SECTION 409. IC 14-12-1-10 IS AMENDED TO READ AS
10324	10324	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The foundation may
10325	10325	41 do the following:
10326	10326	42 (1) Adopt bylaws for the regulation of the foundation's affairs and
10327	10327	2024 IN 1267—LS 6912/DI 92 241
10328	10328	1 the conduct of the foundation's business.
10329	10329	2 (2) Adopt an official seal, which may not be the seal of the state.
10330	10330	3 (3) Maintain a principal office and other offices the foundation
10331	10331	4 designates.
10332	10332	5 (4) Sue and be sued in the name and style of "Indiana Natural
10333	10333	6 Resources Foundation", with service of process being made to the
10334	10334	7 chairman chairperson of the foundation by leaving a copy at the
10335	10335	8 principal office of the foundation or at the residence of the
10336	10336	9 chairman chairperson if the foundation has no principal office.
10337	10337	10 (5) To exercise the powers or perform the duties of the
10338	10338	11 foundation, do the following:
10339	10339	12 (A) Acquire by any means except eminent domain a right or an
10340	10340	13 interest in or upon real or personal property of any kind or
10341	10341	14 nature. The foundation shall hold the legal title to property
10342	10342	15 acquired in the name of the foundation.
10343	10343	16 (B) Dispose of a right or an interest in real property.
10344	10344	17 (6) Make and enter into all contracts, undertakings, and
10345	10345	18 agreements necessary or incidental to the performance of the
10346	10346	19 duties and the execution of the powers of the foundation under
10347	10347	20 this chapter.
10348	10348	21 (7) Employ an executive director and other employees that are
10349	10349	22 necessary in the foundation's judgment and fix their
10350	10350	23 compensation.
10351	10351	24 (8) Conduct studies of the feasibility of certain natural resource
10352	10352	25 projects and facilities.
10353	10353	26 (9) Receive and accept from any person grants for or in aid of the
10354	10354	27 acquisition, construction, improvement, or development of any
10355	10355	28 part of the projects of the foundation and receive and accept aid
10356	10356	29 or contributions from any source of money, property, labor, or
10357	10357	30 other things of value, to be held, used, applied, or disposed of
10358	10358	31 only for the purposes consistent with the purposes of this chapter
10359	10359	32 for which the grants and contributions may be made.
10360	10360	33 (10) Hold, use, administer, and expend money that may be
10361	10361	34 acquired by the foundation.
10362	10362	35 (11) Do all acts and things necessary or proper to carry out the
10363	10363	36 powers expressly granted in this chapter.
10364	10364	37 SECTION 410. IC 14-12-2-17 IS AMENDED TO READ AS
10365	10365	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) The project
10366	10366	39 committee shall meet at least quarterly and at the call of the chairman.
10367	10367	40 chairperson.
10368	10368	41 (b) The project committee may convene a meeting at any location
10369	10369	42 in Indiana.
10370	10370	2024 IN 1267—LS 6912/DI 92 242
10371	10371	1 (c) The project committee shall plan and conduct meetings in a
10372	10372	2 manner that promotes broad public participation and ensures that the
10373	10373	3 views of the members of the public attending the meetings may be
10374	10374	4 fairly presented.
10375	10375	5 SECTION 411. IC 14-13-1-11, AS AMENDED BY P.L.197-2021,
10376	10376	6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10377	10377	7 JULY 1, 2024]: Sec. 11. (a) The governor shall designate:
10378	10378	8 (1) one (1) of the voting members of the commission as chairman;
10379	10379	9 chairperson; and
10380	10380	10 (2) one (1) of the voting members of the commission as treasurer.
10381	10381	11 (b) The chairman chairperson and treasurer serve until:
10382	10382	12 (1) the governor designates another voting member of the
10383	10383	13 commission as chairman chairperson or treasurer, respectively,
10384	10384	14 under subsection (a); or
10385	10385	15 (2) the term of the member designated as chairman chairperson
10386	10386	16 or treasurer, respectively, expires;
10387	10387	17 whichever occurs first.
10388	10388	18 SECTION 412. IC 14-13-1-12 IS AMENDED TO READ AS
10389	10389	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The commission
10390	10390	20 shall meet on call of any of the following:
10391	10391	21 (1) The chairman. chairperson.
10392	10392	22 (2) The executive director.
10393	10393	23 (3) Any three (3) voting members.
10394	10394	24 (b) Seven (7) voting members constitute a quorum.
10395	10395	25 SECTION 413. IC 14-13-1-28 IS AMENDED TO READ AS
10396	10396	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 28. The commission
10397	10397	27 may do the following:
10398	10398	28 (1) Adopt bylaws for the regulation of the commission's affairs
10399	10399	29 and the conduct of the commission's business.
10400	10400	30 (2) Adopt an official seal, which may not be the seal of the state.
10401	10401	31 (3) Maintain a principal office and other offices that the
10402	10402	32 commission designates.
10403	10403	33 (4) Sue and be sued in the name and style of "White River State
10404	10404	34 Park Development Commission", with service of process being
10405	10405	35 had upon the chairman chairperson of the commission by leaving
10406	10406	36 a copy at the principal office of the commission.
10407	10407	37 (5) Acquire by grant, purchase, gift, devise, lease, eminent
10408	10408	38 domain, or otherwise and hold, use, sell, lease, or dispose of:
10409	10409	39 (A) real and personal property of every kind and nature; and
10410	10410	40 (B) any right and interest;
10411	10411	41 necessary for the full exercise or convenient or useful for the
10412	10412	42 carrying on of any of the commission's powers under this chapter.
10413	10413	2024 IN 1267—LS 6912/DI 92 243
10414	10414	1 (6) Exercise within Indiana and in the name of the state of Indiana
10415	10415	2 the power of eminent domain under Indiana law governing the
10416	10416	3 exercise of the power of eminent domain for any public purposes.
10417	10417	4 (7) Fix, collect, and review admission charges, entrance fees,
10418	10418	5 tolls, and other user charges for the use of a facility within the
10419	10419	6 projects owned or leased by the commission or dedicated to the
10420	10420	7 commission by a political subdivision of the state or a public
10421	10421	8 agency, department, or commission having jurisdiction of the
10422	10422	9 facility.
10423	10423	10 (8) Acquire by fee or by lease, obtain option on, hold, and dispose
10424	10424	11 of real and personal property reasonably necessary and proper to
10425	10425	12 the exercise of the commission's powers and the performance of
10426	10426	13 the commission's duties under this chapter.
10427	10427	14 (9) Make and enter into all contracts, undertakings, and
10428	10428	15 agreements necessary or incidental to the performance of the
10429	10429	16 commission's duties and the execution of the commission's
10430	10430	17 powers under this chapter.
10431	10431	18 (10) Employ and fix the compensation of consulting engineers,
10432	10432	19 superintendents, and other engineers, construction and accounting
10433	10433	20 experts, attorneys, and other employees and agents the
10434	10434	21 commission considers necessary.
10435	10435	22 (11) Conduct studies of the financial feasibility of the park and
10436	10436	23 recreational projects and facilities, betterments, and
10437	10437	24 improvements within those projects.
10438	10438	25 (12) Avail itself of the services of professional and other
10439	10439	26 personnel employed by an agency, a department, or a commission
10440	10440	27 of the state for purposes of studying the feasibility of or designing,
10441	10441	28 constructing, or maintaining the projects or a facility within those
10442	10442	29 projects.
10443	10443	30 (13) Receive and accept:
10444	10444	31 (A) from the federal government or a federal agency or
10445	10445	32 department grants for or in aid of the acquisition, construction,
10446	10446	33 improvement, or development of any part of the projects of the
10447	10447	34 commission; and
10448	10448	35 (B) aid or contributions from any source of money, property,
10449	10449	36 labor, or other things of value;
10450	10450	37 to be held, used, and applied only for the purposes, consistent
10451	10451	38 with the purposes of this chapter, for which the grants and
10452	10452	39 contributions may be made.
10453	10453	40 (14) Hold, use, administer, and expend the money that is
10454	10454	41 appropriated or transferred to the commission.
10455	10455	42 (15) Assist or cooperate with a political subdivision or public
10456	10456	2024 IN 1267—LS 6912/DI 92 244
10457	10457	1 agency, department, or commission, including the payment of
10458	10458	2 money or the transfer of property by the commission to the
10459	10459	3 political subdivision or public agency, department, or
10460	10460	4 commission, if the commission considers the assistance or
10461	10461	5 cooperation appropriate and in furtherance of the purposes of this
10462	10462	6 chapter.
10463	10463	7 (16) Accept assistance and cooperation from a political
10464	10464	8 subdivision or public agency, department, or commission,
10465	10465	9 including the acceptance of money or property by the commission
10466	10466	10 from the political subdivision or public agency, department, or
10467	10467	11 commission, if the commission considers the assistance or
10468	10468	12 cooperation appropriate and in furtherance of the purposes of this
10469	10469	13 chapter.
10470	10470	14 (17) All acts and things necessary or proper to carry out the
10471	10471	15 powers expressly granted in this chapter.
10472	10472	16 SECTION 414. IC 14-13-1-33 IS AMENDED TO READ AS
10473	10473	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) Revenue bonds
10474	10474	18 issued under this chapter shall be issued in the name of the commission
10475	10475	19 and must recite on the face of each bond that the principal of and
10476	10476	20 interest on the bond are payable solely from revenues pledged for their
10477	10477	21 payment and are not an obligation of the state or of a political
10478	10478	22 subdivision of the state.
10479	10479	23 (b) The chairman chairperson of the commission shall execute the
10480	10480	24 bonds, and the secretary of the commission shall affix and attest the
10481	10481	25 seal of the commission.
10482	10482	26 (c) Coupons attached to the bonds must bear the facsimile signature
10483	10483	27 of the chairman chairperson of the commission.
10484	10484	28 SECTION 415. IC 14-13-2-9 IS AMENDED TO READ AS
10485	10485	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission
10486	10486	30 shall elect the following officers:
10487	10487	31 (1) A chairman. chairperson.
10488	10488	32 (2) A vice chairman. chairperson.
10489	10489	33 (3) A secretary.
10490	10490	34 (4) A treasurer.
10491	10491	35 (b) The terms of the officers may not exceed one (1) year. Each
10492	10492	36 officer is eligible for reelection.
10493	10493	37 (c) The commission may create and fill other offices that the
10494	10494	38 commission determines necessary.
10495	10495	39 (d) Each of the officers shall perform the duties usually pertaining
10496	10496	40 to the offices.
10497	10497	41 SECTION 416. IC 14-13-2-10, AS AMENDED BY P.L.106-2012,
10498	10498	42 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10499	10499	2024 IN 1267—LS 6912/DI 92 245
10500	10500	1 JULY 1, 2024]: Sec. 10. (a) The commission shall meet:
10501	10501	2 (1) at least four (4) times per calendar year; and
10502	10502	3 (2) on call of any of the following:
10503	10503	4 (A) The chairman. chairperson.
10504	10504	5 (B) The executive director.
10505	10505	6 (C) Any number of members that constitutes a quorum under
10506	10506	7 subsection (b).
10507	10507	8 (b) The following number of members constitutes a quorum:
10508	10508	9 (1) Three (3) commission members before August 1, 2012.
10509	10509	10 (2) Five (5) commission members beginning August 1, 2012.
10510	10510	11 SECTION 417. IC 14-13-2-18 IS AMENDED TO READ AS
10511	10511	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. The commission
10512	10512	13 may do the following:
10513	10513	14 (1) Adopt bylaws for the regulation of the commission's affairs
10514	10514	15 and the conduct of the commission's business.
10515	10515	16 (2) Adopt an official seal, which may not be the seal of the state.
10516	10516	17 (3) Maintain a principal office and other offices that the
10517	10517	18 commission designates.
10518	10518	19 (4) Sue and be sued in the name and style of "Little Calumet
10519	10519	20 River Basin Development Commission", with service of process
10520	10520	21 being made upon the chairman chairperson of the commission by
10521	10521	22 leaving a copy at the principal office of the commission.
10522	10522	23 (5) Acquire by grant, purchase, gift, devise, lease, eminent
10523	10523	24 domain, or otherwise and hold, use, sell, lease, or dispose of:
10524	10524	25 (A) real and personal property of every kind and nature; and
10525	10525	26 (B) any right and interest;
10526	10526	27 necessary for the full exercise or convenient or useful for the
10527	10527	28 carrying on of any of the commission's powers under this chapter.
10528	10528	29 (6) Exercise within Indiana and in the name of the state of Indiana
10529	10529	30 the power of eminent domain under Indiana law governing the
10530	10530	31 exercise of the power of eminent domain for any public purposes.
10531	10531	32 (7) Fix, collect, and review admission charges, entrance fees,
10532	10532	33 tolls, and other user charges for the use of a facility within the
10533	10533	34 projects owned or leased by the commission or dedicated to the
10534	10534	35 commission by a political subdivision of the state or a public
10535	10535	36 agency, department, or commission having jurisdiction of the
10536	10536	37 facility.
10537	10537	38 (8) Acquire by fee or by lease, obtain option on, hold, and dispose
10538	10538	39 of real and personal property reasonably necessary and proper to
10539	10539	40 the exercise of the commission's powers and the performance of
10540	10540	41 the commission's duties under this chapter.
10541	10541	42 (9) Make and enter into all contracts, undertakings, and
10542	10542	2024 IN 1267—LS 6912/DI 92 246
10543	10543	1 agreements necessary or incidental to the performance of the
10544	10544	2 commission's duties and the execution of the commission's
10545	10545	3 powers under this chapter.
10546	10546	4 (10) Employ and fix the compensation of an executive director or
10547	10547	5 manager, consulting engineers, superintendents, and other
10548	10548	6 engineers, construction and accounting experts, attorneys, and
10549	10549	7 other employees and agents necessary in the commission's
10550	10550	8 judgment.
10551	10551	9 (11) Conduct studies of the financial feasibility of the flood
10552	10552	10 control and park and recreational projects and facilities,
10553	10553	11 betterments, and improvements within those projects.
10554	10554	12 (12) Avail itself of the services of professional and other
10555	10555	13 personnel employed by an agency, a department, or a commission
10556	10556	14 of the state for purposes of studying the feasibility of or designing,
10557	10557	15 constructing, or maintaining the projects or a facility within those
10558	10558	16 projects.
10559	10559	17 (13) Receive and accept:
10560	10560	18 (A) from the federal government or a federal agency or
10561	10561	19 department grants for or in aid of the acquisition, construction,
10562	10562	20 improvement, or development of any part of the projects of the
10563	10563	21 commission; and
10564	10564	22 (B) aid or contributions from any source of money, property,
10565	10565	23 labor, or other things of value;
10566	10566	24 to be held, used, and applied only for the purposes, consistent
10567	10567	25 with the purposes of this chapter, for which the grants and
10568	10568	26 contributions may be made.
10569	10569	27 (14) Hold, use, administer, and expend money that is appropriated
10570	10570	28 or transferred to the commission.
10571	10571	29 (15) Assist or cooperate with a political subdivision or public
10572	10572	30 agency, department, or commission, including the payment of
10573	10573	31 money or the transfer of property to the political subdivision or
10574	10574	32 public agency, department, or commission by the commission if
10575	10575	33 the commission considers the assistance or cooperation
10576	10576	34 appropriate in furtherance of the purposes of this chapter.
10577	10577	35 (16) Accept assistance and cooperation from a political
10578	10578	36 subdivision or public agency, department, or commission,
10579	10579	37 including the acceptance of money or property by the commission
10580	10580	38 from the political subdivision or public agency, department, or
10581	10581	39 commission, if the commission considers the assistance or
10582	10582	40 cooperation appropriate in furtherance of the purposes of this
10583	10583	41 chapter.
10584	10584	42 (17) Do all acts and things necessary or proper to carry out the
10585	10585	2024 IN 1267—LS 6912/DI 92 247
10586	10586	1 powers expressly granted in this chapter.
10587	10587	2 (18) Enter into and carry out the terms of a nonfederal interest (as
10588	10588	3 defined by 42 U.S.C. 1962d-5b).
10589	10589	4 (19) Provide police protection for the commission's property and
10590	10590	5 activities by:
10591	10591	6 (A) requesting assistance from state, city, or county police
10592	10592	7 authorities; or
10593	10593	8 (B) having specified employees deputized as police officers.
10594	10594	9 (20) Make contracts and leases for facilities and services.
10595	10595	10 (21) Appoint the administrative officers and employees necessary
10596	10596	11 to carry out the work of the commission, fix their duties and
10597	10597	12 compensation, and delegate authority to perform ministerial acts
10598	10598	13 in all cases except where final action of the commission is
10599	10599	14 necessary.
10600	10600	15 (22) Engage in self-supporting activities.
10601	10601	16 (23) Contract for special and temporary services and for
10602	10602	17 professional assistance.
10603	10603	18 (24) Invoke any legal, equitable, or special remedy for the
10604	10604	19 enforcement of this chapter.
10605	10605	20 SECTION 418. IC 14-13-2-23, AS AMENDED BY P.L.106-2012,
10606	10606	21 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10607	10607	22 JULY 1, 2024]: Sec. 23. (a) Bonds issued under this chapter shall be
10608	10608	23 issued in the name of the commission and must recite on the face of
10609	10609	24 each bond that the principal of and interest on the bond are payable
10610	10610	25 solely from revenues pledged for their payment and are not an
10611	10611	26 obligation of the state or of any other political subdivision of the state.
10612	10612	27 (b) The chairman chairperson of the commission shall execute the
10613	10613	28 bonds, and the secretary of the commission shall affix and attest the
10614	10614	29 seal of the commission.
10615	10615	30 (c) Coupons attached to the bonds must bear the facsimile signature
10616	10616	31 of the chairman chairperson of the commission.
10617	10617	32 SECTION 419. IC 14-13-4-9 IS AMENDED TO READ AS
10618	10618	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission
10619	10619	34 shall elect the following officers from among the commission's
10620	10620	35 members:
10621	10621	36 (1) A chairman. chairperson.
10622	10622	37 (2) A vice chairman. chairperson.
10623	10623	38 (3) A treasurer.
10624	10624	39 (b) Each officer serves a term of one (1) year beginning July 1 of
10625	10625	40 each year.
10626	10626	41 SECTION 420. IC 14-13-4-10 IS AMENDED TO READ AS
10627	10627	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The
10628	10628	2024 IN 1267—LS 6912/DI 92 248
10629	10629	1 commission:
10630	10630	2 (1) shall fix the time for regular meetings; and
10631	10631	3 (2) may hold special meetings on call of the chairman
10632	10632	4 chairperson with seven (7) days written notice.
10633	10633	5 (b) A member may waive written notice of a specific meeting by a
10634	10634	6 written notice filed with the commission.
10635	10635	7 SECTION 421. IC 14-13-5-9 IS AMENDED TO READ AS
10636	10636	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Each year the
10637	10637	9 commission shall elect the following from among the members of the
10638	10638	10 commission:
10639	10639	11 (1) A chairman. chairperson.
10640	10640	12 (2) A vice chairman. chairperson.
10641	10641	13 (3) A treasurer.
10642	10642	14 (b) An individual elected as a chairman chairperson or a vice
10643	10643	15 chairman: chairperson:
10644	10644	16 (1) serves a term of one (1) year beginning July 1 following the
10645	10645	17 date the individual is elected; and
10646	10646	18 (2) may be reelected.
10647	10647	19 SECTION 422. IC 14-13-5-10 IS AMENDED TO READ AS
10648	10648	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The
10649	10649	21 commission:
10650	10650	22 (1) shall fix the time for regular meetings; and
10651	10651	23 (2) may hold special meetings on call of the chairman
10652	10652	24 chairperson with seven (7) days written notice.
10653	10653	25 (b) A member may waive written notice of a specific meeting by
10654	10654	26 filing a written notice with the commission.
10655	10655	27 (c) Written notice is considered to have been given under this
10656	10656	28 section when the written notice is:
10657	10657	29 (1) placed in the United States mail, first class postage prepaid;
10658	10658	30 and
10659	10659	31 (2) sent to the business address of the members of the
10660	10660	32 commission.
10661	10661	33 SECTION 423. IC 14-13-9-14, AS ADDED BY P.L.282-2019,
10662	10662	34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10663	10663	35 JULY 1, 2024]: Sec. 14. (a) This section does not apply to a member
10664	10664	36 appointed under section 10 of this chapter.
10665	10665	37 (b) The commission shall elect the following officers:
10666	10666	38 (1) A chairman. chairperson.
10667	10667	39 (2) A vice chairman. chairperson.
10668	10668	40 (3) A secretary.
10669	10669	41 (4) A treasurer.
10670	10670	42 (c) The:
10671	10671	2024 IN 1267—LS 6912/DI 92 249
10672	10672	1 (1) terms of the officers elected under subsection (b) may not
10673	10673	2 exceed one (1) year; and
10674	10674	3 (2) officers are eligible for reelection.
10675	10675	4 (d) The commission may establish and fill other offices the
10676	10676	5 commission considers necessary.
10677	10677	6 (e) Each officer of the commission shall perform the duties usually
10678	10678	7 pertaining to the office.
10679	10679	8 SECTION 424. IC 14-13-9-15, AS ADDED BY P.L.282-2019,
10680	10680	9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10681	10681	10 JULY 1, 2024]: Sec. 15. The commission shall meet:
10682	10682	11 (1) at least four (4) times per calendar year; and
10683	10683	12 (2) on the call of any of the following:
10684	10684	13 (A) The chairman. chairperson.
10685	10685	14 (B) The executive director.
10686	10686	15 (C) A quorum of the members of the commission.
10687	10687	16 SECTION 425. IC 14-20-11-8 IS AMENDED TO READ AS
10688	10688	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The members of the
10689	10689	18 commission shall elect a chairman. chairperson.
10690	10690	19 SECTION 426. IC 14-20-11-10 IS AMENDED TO READ AS
10691	10691	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The commission
10692	10692	21 may accept gifts, bequests, legacies, and donations of money for the
10693	10693	22 acquisition and maintenance of property if the money received is
10694	10694	23 deposited in a special trust fund to be designated as the Wendell L.
10695	10695	24 Willkie memorial fund. The fund shall be applied to and expended
10696	10696	25 under the direction of the chairman chairperson of the commission to
10697	10697	26 carry out this chapter.
10698	10698	27 SECTION 427. IC 14-21-1-21 IS AMENDED TO READ AS
10699	10699	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. The director is
10700	10700	29 chairman chairperson of the review board. The review board may
10701	10701	30 select other officers that the review board determines.
10702	10702	31 SECTION 428. IC 14-27-6-19 IS AMENDED TO READ AS
10703	10703	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) The board shall
10704	10704	33 by rule provide for regular meetings to be held not less than at
10705	10705	34 semimonthly intervals throughout the year. The board shall keep
10706	10706	35 meetings open to the public.
10707	10707	36 (b) The board shall convene a special meeting when a special
10708	10708	37 meeting is called. The chairman chairperson or a majority of the
10709	10709	38 members of the board may call a special meeting. The board shall do
10710	10710	39 the following:
10711	10711	40 (1) Establish by rule a procedure for calling special meetings.
10712	10712	41 (2) Give notice of a special meeting that is open to the public by
10713	10713	42 publication one (1) time, not less than twenty-four (24) hours
10714	10714	2024 IN 1267—LS 6912/DI 92 250
10715	10715	1 before the time of the meeting, in each of two (2) daily
10716	10716	2 newspapers of general circulation in the district.
10717	10717	3 SECTION 429. IC 14-27-8-14 IS AMENDED TO READ AS
10718	10718	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The drainage
10719	10719	5 commissioners:
10720	10720	6 (1) shall elect one (1) of the drainage commissioners chairman;
10721	10721	7 chairperson; and
10722	10722	8 (2) may elect one (1) of the drainage commissioners secretary.
10723	10723	9 SECTION 430. IC 14-29-7-11 IS AMENDED TO READ AS
10724	10724	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) At the first
10725	10725	11 meeting of a river commission, the river commission shall select the
10726	10726	12 following:
10727	10727	13 (1) A chairman chairperson from the membership.
10728	10728	14 (2) Other officers that the river commission determines.
10729	10729	15 (b) The officers serve for terms of one (1) year.
10730	10730	16 SECTION 431. IC 14-29-7-12 IS AMENDED TO READ AS
10731	10731	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Each river
10732	10732	18 commission shall hold not less than six (6) regular, bimonthly meetings
10733	10733	19 at a time and place fixed at the initial meeting.
10734	10734	20 (b) A river commission may hold special meetings that the river
10735	10735	21 commission considers necessary.
10736	10736	22 (c) The chairman chairperson of a river commission may call
10737	10737	23 special meetings.
10738	10738	24 SECTION 432. IC 14-30-2-8 IS AMENDED TO READ AS
10739	10739	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The following shall
10740	10740	26 serve as voting members of the commission:
10741	10741	27 (1) Each member of the county executive for a participating
10742	10742	28 county.
10743	10743	29 (2) The executive director or, if a county does not have an
10744	10744	30 executive director, the chairman chairperson of a soil and water
10745	10745	31 conservation district that:
10746	10746	32 (A) is subject to IC 14-32;
10747	10747	33 (B) includes territory in a participating county; and
10748	10748	34 (C) includes territory in the basin.
10749	10749	35 (3) The county surveyor of each participating county.
10750	10750	36 SECTION 433. IC 14-30-3-11 IS AMENDED TO READ AS
10751	10751	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The commission
10752	10752	38 shall elect from among the members the following officers:
10753	10753	39 (1) A chairman. chairperson.
10754	10754	40 (2) A vice chairman. chairperson.
10755	10755	41 (3) A secretary.
10756	10756	42 (4) A treasurer.
10757	10757	2024 IN 1267—LS 6912/DI 92 251
10758	10758	1 (b) The:
10759	10759	2 (1) term of office for the officers elected under subsection (a) is
10760	10760	3 one (1) year; and
10761	10761	4 (2) officers are eligible for reelection.
10762	10762	5 (c) The commission may establish and fill other offices that the
10763	10763	6 commission considers necessary.
10764	10764	7 SECTION 434. IC 14-30-3-12 IS AMENDED TO READ AS
10765	10765	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The commission
10766	10766	9 may establish an executive board consisting of the following:
10767	10767	10 (1) The chairman chairperson of the commission.
10768	10768	11 (2) One (1) member from each participating county that is not
10769	10769	12 represented by the chairman, chairperson, to be chosen in a
10770	10770	13 manner prescribed by the commission.
10771	10771	14 (b) The commission may delegate to the executive board the power
10772	10772	15 to do the following:
10773	10773	16 (1) Recommend agenda items and activities to the commission.
10774	10774	17 (2) Conduct hearings on proposed commission projects.
10775	10775	18 (3) Perform other administrative duties assigned by the
10776	10776	19 commission.
10777	10777	20 SECTION 435. IC 14-30-4-8 IS AMENDED TO READ AS
10778	10778	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The following serve
10779	10779	22 as voting members of the commission:
10780	10780	23 (1) The three (3) county commissioners from each participating
10781	10781	24 county.
10782	10782	25 (2) The chairman chairperson of a soil and water conservation
10783	10783	26 district for each participating county that:
10784	10784	27 (A) is subject to IC 14-32;
10785	10785	28 (B) includes territory in a participating county; and
10786	10786	29 (C) includes territory in the basin.
10787	10787	30 (3) The county surveyor of each participating county.
10788	10788	31 SECTION 436. IC 14-31-2-10 IS AMENDED TO READ AS
10789	10789	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The department
10790	10790	33 may accept contributions and pledges to the fund. Pledges made
10791	10791	34 contingent on appropriation of state money are acceptable and shall be
10792	10792	35 reported with other pledges as set forth in this section.
10793	10793	36 (b) On each December 1 that precedes the beginning of a new
10794	10794	37 budgetary biennium, until the campaign size limit is reached, the
10795	10795	38 department shall include:
10796	10796	39 (1) the amount that has been contributed; and
10797	10797	40 (2) the amount that has been pledged for payment in the
10798	10798	41 succeeding two (2) calendar years;
10799	10799	42 in the department's budget request.
10800	10800	2024 IN 1267—LS 6912/DI 92 252
10801	10801	1 (c) In addition to the budget request, the department shall report the
10802	10802	2 amounts to:
10803	10803	3 (1) the governor; and
10804	10804	4 (2) the chairmen chairpersons of the standing committees in the
10805	10805	5 house of representatives and senate considering issues of finance
10806	10806	6 and natural resources;
10807	10807	7 so that those public officials can take proper steps to secure the
10808	10808	8 appropriation of a matching amount of public money for the fund.
10809	10809	9 (d) A similar state match of private contributions and pledges for
10810	10810	10 successive years shall be requested in successive biennia until an
10811	10811	11 amount not exceeding five million dollars ($5,000,000) is appropriated
10812	10812	12 to accomplish the purposes of this chapter.
10813	10813	13 SECTION 437. IC 14-32-2-8, AS AMENDED BY P.L.120-2008,
10814	10814	14 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10815	10815	15 JULY 1, 2024]: Sec. 8. (a) The members of the board shall elect a
10816	10816	16 member as the chairman chairperson of the board.
10817	10817	17 (b) The director of the division of soil conservation established
10818	10818	18 within the Indiana state department of agriculture by IC 15-11-4-1 is
10819	10819	19 the secretary of the board.
10820	10820	20 SECTION 438. IC 14-32-2-10 IS AMENDED TO READ AS
10821	10821	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The board may
10822	10822	22 delegate the powers and duties that the board considers proper to:
10823	10823	23 (1) the chairman chairperson of the board;
10824	10824	24 (2) any of the members of the board; or
10825	10825	25 (3) the division of soil conservation.
10826	10826	26 SECTION 439. IC 14-32-4-7 IS AMENDED TO READ AS
10827	10827	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The election held
10828	10828	28 at the annual meeting of land occupiers shall be conducted by an
10829	10829	29 election committee appointed under this section.
10830	10830	30 (b) In October, the district chairman chairperson shall do the
10831	10831	31 following:
10832	10832	32 (1) Appoint an election committee made up of a supervisor as
10833	10833	33 chairman chairperson and two (2) interested citizens.
10834	10834	34 (2) Submit the names of the committee members to the board by
10835	10835	35 November 1.
10836	10836	36 SECTION 440. IC 14-32-4-8, AS AMENDED BY P.L.129-2011,
10837	10837	37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10838	10838	38 JULY 1, 2024]: Sec. 8. The election committee appointed under section
10839	10839	39 7 of this chapter shall do the following:
10840	10840	40 (1) Select qualified individuals as prospective nominees to fill any
10841	10841	41 vacancies that exist among the elected supervisors of the district.
10842	10842	42 (2) Contact and ascertain the willingness and ability of each
10843	10843	2024 IN 1267—LS 6912/DI 92 253
10844	10844	1 individual to serve if elected.
10845	10845	2 (3) Submit the list of nominees with the qualifications for
10846	10846	3 certification and printing of a sample ballot to the board by
10847	10847	4 December 1.
10848	10848	5 (4) Place the names of the prospective nominees selected under
10849	10849	6 subdivisions (1) and (2) in nomination at the meeting and provide
10850	10850	7 an opportunity for additional nominations to be made from the
10851	10851	8 floor.
10852	10852	9 (5) After nominations are closed:
10853	10853	10 (A) if only one (1) candidate is nominated, allow for the
10854	10854	11 election of the sole candidate by the land occupiers by a show
10855	10855	12 of hands; and
10856	10856	13 (B) if more than one (1) candidate is nominated, distribute a
10857	10857	14 ballot to each land occupier present at the meeting.
10858	10858	15 (6) If a ballot is distributed, collect and count the ballots after
10859	10859	16 each land occupier present at the meeting has had an opportunity
10860	10860	17 to vote.
10861	10861	18 (7) Report the results of the election to the chairman.
10862	10862	19 chairperson.
10863	10863	20 SECTION 441. IC 14-32-4-9 IS AMENDED TO READ AS
10864	10864	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) If a tie vote
10865	10865	22 occurs in an election held at an annual meeting under this chapter,
10866	10866	23 voting shall continue until the tie is broken.
10867	10867	24 (b) The individual receiving the highest number of votes is elected
10868	10868	25 a supervisor for the three (3) year term. If there is also a vacancy to fill
10869	10869	26 an unexpired term of an elected supervisor, the individual receiving the
10870	10870	27 second highest number of votes is elected to fill the unexpired term.
10871	10871	28 (c) The chairman chairperson shall announce the individuals who
10872	10872	29 have been elected and report the election results to the board.
10873	10873	30 SECTION 442. IC 14-32-4-14 IS AMENDED TO READ AS
10874	10874	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The supervisors
10875	10875	32 shall designate a chairman chairperson and may change the
10876	10876	33 designation.
10877	10877	34 SECTION 443. IC 14-32-4-20 IS AMENDED TO READ AS
10878	10878	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. The supervisors
10879	10879	36 may delegate the powers and duties that the supervisors consider
10880	10880	37 proper to any of the following:
10881	10881	38 (1) The chairman. chairperson.
10882	10882	39 (2) Any number of supervisors.
10883	10883	40 (3) Any number of agents or employees.
10884	10884	41 SECTION 444. IC 14-33-5-6 IS AMENDED TO READ AS
10885	10885	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) At each annual
10886	10886	2024 IN 1267—LS 6912/DI 92 254
10887	10887	1 meeting and before the election of directors, the chairman chairperson
10888	10888	2 shall appoint three (3) freeholders of the district who are present at the
10889	10889	3 annual meeting to act as clerks of and conduct the election.
10890	10890	4 (b) Before the casting of a vote, each freeholder must sign the list of
10891	10891	5 freeholders opposite the freeholder's name in the presence of the
10892	10892	6 secretary of the district. If the clerks find that a freeholder's name is
10893	10893	7 erroneously omitted from the list, the clerks shall place the name on the
10894	10894	8 list. The omitted freeholder is then entitled to cast a ballot.
10895	10895	9 (c) The clerks shall note the fact of receipt of a valid written ballot
10896	10896	10 vote opposite the freeholder's name who cast that vote. At this time the
10897	10897	11 written ballot vote is considered cast.
10898	10898	12 (d) At the close of the election poll, the clerks shall count the cast
10899	10899	13 ballots and make a report of the results. The secretary of the district
10900	10900	14 shall record the results in the records of the district. The chairman
10901	10901	15 chairperson shall then declare the successful nominees elected, and
10902	10902	16 the elected directors are entitled to and shall assume all the duties of
10903	10903	17 the office for which elected.
10904	10904	18 SECTION 445. IC 14-33-5-10 IS AMENDED TO READ AS
10905	10905	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) Notwithstanding
10906	10906	20 other provisions of this chapter, this section applies to all districts
10907	10907	21 described in IC 14-33-9-4.
10908	10908	22 (b) The following shall serve as advisory members of the board and
10909	10909	23 have all privileges of membership except the right to vote:
10910	10910	24 (1) The city engineer of each second class city in the district.
10911	10911	25 (2) The county surveyor of the county.
10912	10912	26 (3) The chairman chairperson of the county soil and water
10913	10913	27 conservation district.
10914	10914	28 (c) On the same day as the primary election held in even-numbered
10915	10915	29 years, the voters shall select the area directors. At the initial election
10916	10916	30 held under this section, the authority that makes the initial appointment
10917	10917	31 of directors under section 1 of this chapter shall designate the initial
10918	10918	32 terms of the directors elected as follows:
10919	10919	33 (1) One-half (1/2) plus one (1) of the directors serve for two (2)
10920	10920	34 year terms.
10921	10921	35 (2) The other directors serve for four (4) year terms.
10922	10922	36 After the first election, all directors serve for four (4) year terms. Area
10923	10923	37 directors take office on June 1 after election.
10924	10924	38 (d) The initial appointments of directors under section 1 of this
10925	10925	39 chapter shall be made so that the directors serve until the election in the
10926	10926	40 first even-numbered year following the year of appointment.
10927	10927	41 (e) Nominations for director signed by at least five (5) freeholders
10928	10928	42 shall be filed with the county election board during the period when
10929	10929	2024 IN 1267—LS 6912/DI 92 255
10930	10930	1 filing for other county offices takes place, and the board shall publicly
10931	10931	2 invite nominations at least five (5) days before this filing period begins.
10932	10932	3 (f) Each director must be a freeholder and a resident of the district
10933	10933	4 from which elected. Only one (1) director may be elected from each
10934	10934	5 district.
10935	10935	6 (g) When a vacancy occurs on the board:
10936	10936	7 (1) the chairman chairperson of the board; or
10937	10937	8 (2) five (5) freeholders from the district where the vacancy exists;
10938	10938	9 may petition the appointing authority to have the appointing authority
10939	10939	10 make an appointment to fill the vacancy for the remainder of the
10940	10940	11 unexpired term.
10941	10941	12 SECTION 446. IC 14-33-5-14 IS AMENDED TO READ AS
10942	10942	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) Special
10943	10943	14 meetings of the board may be called by the chairman chairperson or
10944	10944	15 by two (2) members upon written request to the secretary. The
10945	10945	16 secretary shall send to all members, at least three (3) days before a
10946	10946	17 special meeting, a written notice fixing the time and place of the
10947	10947	18 meeting.
10948	10948	19 (b) Written notice of a special meeting is not required if:
10949	10949	20 (1) the time of the special meeting has been fixed in a regular
10950	10950	21 meeting; or
10951	10951	22 (2) all members were present at a meeting at which a special
10952	10952	23 meeting was called.
10953	10953	24 SECTION 447. IC 14-33-5-17 IS AMENDED TO READ AS
10954	10954	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. Immediately
10955	10955	26 following appointment and immediately following each annual meeting
10956	10956	27 of the district, the directors shall meet and elect a chairman
10957	10957	28 chairperson and a vice chairman. chairperson. The vice chairman
10958	10958	29 chairperson may act as chairman chairperson during the absence or
10959	10959	30 disability of the chairman. chairperson. The chairman chairperson
10960	10960	31 shall promptly notify the commission in writing of the names and
10961	10961	32 addresses of the officers and directors of the district, and the same
10962	10962	33 information, together with the executed oaths, shall be filed with the
10963	10963	34 circuit court.
10964	10964	35 SECTION 448. IC 14-33-5-20, AS AMENDED BY P.L.122-2023,
10965	10965	36 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10966	10966	37 JULY 1, 2024]: Sec. 20. The board shall do the following:
10967	10967	38 (1) Exercise general supervision of and make regulations for the
10968	10968	39 administration of the affairs of the district.
10969	10969	40 (2) Prescribe uniform rules pertaining to investigations and
10970	10970	41 hearings.
10971	10971	42 (3) Supervise the fiscal affairs and responsibilities of the district.
10972	10972	2024 IN 1267—LS 6912/DI 92 256
10973	10973	1 (4) Prescribe the qualifications of, appoint, remove, and fix the
10974	10974	2 compensation of the employees of the district. The compensation
10975	10975	3 must be reasonable and similar in amount to the compensation
10976	10976	4 allowed employees performing similar service for the state and
10977	10977	5 political subdivisions of the state. The board may delegate to
10978	10978	6 employees authority to perform ministerial acts in all cases except
10979	10979	7 where final action of the board is necessary.
10980	10980	8 (5) Keep an accurate and complete record of all district
10981	10981	9 proceedings and record and file all bonds and contracts, assuming
10982	10982	10 responsibility for the custody and preservation of all papers and
10983	10983	11 documents of the district.
10984	10984	12 (6) Make an annual report to the court of income and expenses.
10985	10985	13 The report must be submitted not later than thirty (30) days after
10986	10986	14 the annual meeting and may include any of the following:
10987	10987	15 (A) A statement of the progress in accomplishing each purpose
10988	10988	16 for which the district is established.
10989	10989	17 (B) Recommendations for amendment to the district plan.
10990	10990	18 (C) Any matter that the board believes should be brought to
10991	10991	19 the attention of the court for instructions or approval.
10992	10992	20 (7) Adopt a seal and certify all official acts.
10993	10993	21 (8) Sue and be sued collectively by the legal name "________
10994	10994	22 Conservancy District", with service of process made on the
10995	10995	23 chairman chairperson of the board. However, costs may not be
10996	10996	24 taxed against the directors individually in an action.
10997	10997	25 (9) Invoke any legal, equitable, or special remedy for the
10998	10998	26 enforcement of this article or of any proper action of the board in
10999	10999	27 a court.
11000	11000	28 (10) If advisable, establish an advisory committee.
11001	11001	29 (11) Exercise the powers granted under this article to accomplish
11002	11002	30 each purpose for which the district is established.
11003	11003	31 (12) If a purpose of the district is the construction or maintenance
11004	11004	32 of a levee in cooperation with the United States Secretary of the
11005	11005	33 Army, divide, by resolution, the levee into maintenance sections
11006	11006	34 and make assignment of each section to a director who must be a
11007	11007	35 resident freeholder near the maintenance section. The director
11008	11008	36 shall, upon assignment, supervise and assist in the maintenance
11009	11009	37 of the assigned maintenance section.
11010	11010	38 (13) Protect against encroachment by a stream. The board may,
11011	11011	39 alone or in cooperation with state or federal agencies, do whatever
11012	11012	40 is necessary to provide bank stabilization for the protection of the
11013	11013	41 works of improvement of the district.
11014	11014	42 (14) Insure property, personnel, and operations of the district
11015	11015	2024 IN 1267—LS 6912/DI 92 257
11016	11016	1 against risks and in amounts that the board determines necessary
11017	11017	2 to protect the district.
11018	11018	3 (15) If the board employs a district marshal or deputy district
11019	11019	4 marshal under IC 14-33-25, the board must conduct the
11020	11020	5 disciplinary removal and appeals procedure prescribed by
11021	11021	6 IC 14-33-25-2 and IC 36-8-3-4.
11022	11022	7 SECTION 449. IC 14-33-5.4-3 IS AMENDED TO READ AS
11023	11023	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Within twenty
11024	11024	9 (20) days after the order establishing the district, the board of
11025	11025	10 commissioners of the county shall appoint the initial board of directors.
11026	11026	11 A director shall be appointed for each of the areas in the district as
11027	11027	12 established by the court. A director must be a freeholder of the area of
11028	11028	13 the district for which appointed or an officer or nominee of a corporate
11029	11029	14 freeholder of the area of the district for which appointed and must be
11030	11030	15 qualified by knowledge and experience in matters pertaining to the
11031	11031	16 development of the district. A majority of the directors must be resident
11032	11032	17 freeholders of the district if available and qualified. A majority of the
11033	11033	18 initial directors must be petitioners for the establishment of the district,
11034	11034	19 but for this purpose an officer or nominee of a corporate freeholder of
11035	11035	20 the district, if the corporation is one (1) of the petitioners, is considered
11036	11036	21 a petitioner.
11037	11037	22 (b) When vacancies on the board occur due to expiration of terms,
11038	11038	23 resignation, or otherwise, directors shall be elected by a majority,
11039	11039	24 written ballot vote of the freeholders of the district. Between April 24
11040	11040	25 and May 1, the board shall invite nominations to fill vacancies on the
11041	11041	26 board by one (1) publication in a newspaper of general circulation in
11042	11042	27 each of the counties in the district. Each publication must:
11043	11043	28 (1) contain the names of the directors whose terms are expiring
11044	11044	29 and the area of the district involved;
11045	11045	30 (2) invite nominations to fill vacancies; and
11046	11046	31 (3) state the qualifications for the office, that are the same as
11047	11047	32 prescribed by subsection (a), except a nominee need not have
11048	11048	33 been a petitioner for the establishment of the district nor a
11049	11049	34 resident of the area of the district for which nominations are
11050	11050	35 invited.
11051	11051	36 (c) Nominations for director must be submitted to the office of the
11052	11052	37 district in writing before June 1 following notice of vacancies and must
11053	11053	38 be signed by at least five (5) freeholders from the areas designated by
11054	11054	39 the secretary's notice. Nominations that are mailed are valid if
11055	11055	40 delivered or postmarked before June 1 if the envelope has sufficient
11056	11056	41 U.S. postage and is addressed to the district's office.
11057	11057	42 (d) The election of directors of a district shall be held the Saturday
11058	11058	2024 IN 1267—LS 6912/DI 92 258
11059	11059	1 or Sunday immediately before or after July 4. The board of directors of
11060	11060	2 a district shall establish the date for the election of directors.
11061	11061	3 (e) Notice of the annual election of directors of the district must be
11062	11062	4 published in one (1) issue of a newspaper of general circulation in each
11063	11063	5 county in the district. The notice must be published:
11064	11064	6 (1) not less than fourteen (14); and
11065	11065	7 (2) not more than thirty-one (31);
11066	11066	8 days before the election. The notice must contain the names of the
11067	11067	9 nominees, the place where ballots can be cast in the election, and the
11068	11068	10 date and time of the election.
11069	11069	11 (f) Before the election, the board shall prepare the ballots and a list
11070	11070	12 of the freeholders of the district, that must be certified by the county
11071	11071	13 auditor and placed in the district's files. No deficiency in this process
11072	11072	14 or omission of the names of any freeholders voids action taken at an
11073	11073	15 annual meeting.
11074	11074	16 (g) A freeholder is entitled to only one (1) vote per freeholder.
11075	11075	17 (h) Before the election of directors, the chairman chairperson shall
11076	11076	18 appoint three (3) or, if necessary, more freeholders of the district to act
11077	11077	19 as clerks of the election and to conduct the election.
11078	11078	20 (i) If a district fails to conduct an election of directors as provided
11079	11079	21 by this chapter, any interested person of the district may petition the
11080	11080	22 board of commissioners of the county to appoint a director to fill
11081	11081	23 vacancies. The board of commissioners of the county shall make its
11082	11082	24 appointment within fifteen (15) days from the date the petition is filed.
11083	11083	25 SECTION 450. IC 14-33-5.4-7 IS AMENDED TO READ AS
11084	11084	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) At the close of an
11085	11085	27 election, the clerks appointed under section 3(h) of this chapter shall
11086	11086	28 count the ballots cast and make a report of the results. The secretary of
11087	11087	29 the district shall record the results reported by the clerks in the records
11088	11088	30 of the district.
11089	11089	31 (b) After the results are reported and recorded under subsection (a),
11090	11090	32 the chairman chairperson of the board of directors shall declare the
11091	11091	33 successful nominees elected, and each elected director is entitled to and
11092	11092	34 shall assume all duties of the office to which the nominee was elected
11093	11093	35 at midnight the night of the election or as soon as possible thereafter.
11094	11094	36 SECTION 451. IC 14-33-16-9 IS AMENDED TO READ AS
11095	11095	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Before the voting
11096	11096	38 begins, the chairman chairperson of the board shall appoint three (3)
11097	11097	39 freeholders of the district as clerks to conduct the election.
11098	11098	40 (b) Before casting a vote, each freeholder must sign the list of
11099	11099	41 freeholders opposite the freeholder's name in the presence of the
11100	11100	42 district secretary.
11101	11101	2024 IN 1267—LS 6912/DI 92 259
11102	11102	1 (c) If:
11103	11103	2 (1) a clerk finds a freeholder's name is omitted from the list; and
11104	11104	3 (2) all three (3) clerks determine that the freeholder's name should
11105	11105	4 be added to the list;
11106	11106	5 the clerks shall place the freeholder's name on the list and the
11107	11107	6 freeholder may vote.
11108	11108	7 SECTION 452. IC 14-33-20-18 IS AMENDED TO READ AS
11109	11109	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) The bonds,
11110	11110	9 notes, or other evidences of indebtedness shall be executed in the name
11111	11111	10 of the district by the chairman chairperson of the board and attested
11112	11112	11 by the secretary. Interest coupons may be executed by placing the
11113	11113	12 facsimile signature of the chairman chairperson on the coupons.
11114	11114	13 (b) The bonds, notes, or other evidences of indebtedness are valid
11115	11115	14 and binding obligations of the district for all purposes provided by this
11116	11116	15 chapter and in the resolution, even if before delivery any of the persons
11117	11117	16 whose signatures appear on the bonds, notes, or other evidences of
11118	11118	17 indebtedness have ceased to be officers of the district.
11119	11119	18 SECTION 453. IC 14-34-8-11 IS AMENDED TO READ AS
11120	11120	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The surface coal
11121	11121	20 mine reclamation bond pool committee is established. The committee
11122	11122	21 consists of the following:
11123	11123	22 (1) Five (5) members appointed by the director as follows:
11124	11124	23 (A) Three (3) members must represent a cross-section of coal
11125	11125	24 operators.
11126	11126	25 (B) One (1) member must be a member of the commission.
11127	11127	26 (C) One (1) member must be a representative of the public
11128	11128	27 with knowledge of reclamation performance guarantees.
11129	11129	28 (2) The director or the director's designee, who is a nonvoting
11130	11130	29 member.
11131	11131	30 (b) The term of each member is four (4) years beginning July 1. The
11132	11132	31 director may remove an appointed member for cause.
11133	11133	32 (c) The committee shall do the following:
11134	11134	33 (1) Annually elect a chairman. chairperson.
11135	11135	34 (2) Adopt rules for organization and procedure.
11136	11136	35 (d) Each member of the committee who is not a state employee is
11137	11137	36 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
11138	11138	37 The member is also entitled to reimbursement for traveling expenses
11139	11139	38 and other expenses actually incurred in connection with the member's
11140	11140	39 duties as provided in the state travel policies and procedures
11141	11141	40 established by the Indiana department of administration and approved
11142	11142	41 by the budget agency.
11143	11143	42 (e) The committee shall, acting in an advisory capacity to the
11144	11144	2024 IN 1267—LS 6912/DI 92 260
11145	11145	1 director, do the following:
11146	11146	2 (1) Meet as necessary to perform duties under this chapter, but not
11147	11147	3 less than one (1) time each year, for the purpose of formulating
11148	11148	4 recommendations to the director concerning oversight of the
11149	11149	5 general operation of the bond pool.
11150	11150	6 (2) Review and make recommendations concerning the following:
11151	11151	7 (A) All proposed expenses from the bond pool.
11152	11152	8 (B) All applications for admission to the bond pool.
11153	11153	9 (f) The director shall report annually to the committee and to the
11154	11154	10 governor on the status of the bond pool.
11155	11155	11 SECTION 454. IC 15-19-2-3, AS ADDED BY P.L.2-2008,
11156	11156	12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11157	11157	13 JULY 1, 2024]: Sec. 3. The Indiana standardbred advisory board
11158	11158	14 consists of seven (7) members selected as follows:
11159	11159	15 (1) The chairman chairperson of the Indiana horse racing
11160	11160	16 commission, or the chairman's chairperson's designee, is an ex
11161	11161	17 officio member.
11162	11162	18 (2) Two (2) members who are members of county fair boards
11163	11163	19 appointed by the governor.
11164	11164	20 (3) Four (4) members appointed by the governor who have in the
11165	11165	21 past participated or shown an interest in the standardbred
11166	11166	22 industry. This interest may, but does not necessarily have to be,
11167	11167	23 evidenced by virtue of being an owner, driver, veterinarian,
11168	11168	24 trainer, or breeder.
11169	11169	25 Not more than three (3) of the appointees under subdivisions (2) and
11170	11170	26 (3) may be of the same political party as the chairman chairperson of
11171	11171	27 the Indiana horse racing commission.
11172	11172	28 SECTION 455. IC 15-19-2-5, AS ADDED BY P.L.2-2008,
11173	11173	29 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11174	11174	30 JULY 1, 2024]: Sec. 5. (a) The advisory board shall elect a chairperson,
11175	11175	31 a vice chairperson, a treasurer, and other officers the board considers
11176	11176	32 necessary. The chairman chairperson of the Indiana horse racing
11177	11177	33 commission serves as secretary and is entitled to vote on all matters.
11178	11178	34 (b) The records of the board shall be kept by the Indiana horse
11179	11179	35 racing commission.
11180	11180	36 (c) The office of the board must be at the same location as the
11181	11181	37 offices of the Indiana horse racing commission.
11182	11182	38 SECTION 456. IC 15-19-2-7, AS ADDED BY P.L.2-2008,
11183	11183	39 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11184	11184	40 JULY 1, 2024]: Sec. 7. Board members, excluding the chairman
11185	11185	41 chairperson of the Indiana horse racing commission, are eligible to
11186	11186	42 receive a per diem on days the board is in session.
11187	11187	2024 IN 1267—LS 6912/DI 92 261
11188	11188	1 SECTION 457. IC 16-20-1-4 IS AMENDED TO READ AS
11189	11189	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The board of each
11190	11190	3 local health department shall, immediately after appointment, meet and
11191	11191	4 organize. The board shall elect a chairman, chairperson, vice
11192	11192	5 chairman, chairperson, and other officers the board considers
11193	11193	6 necessary.
11194	11194	7 SECTION 458. IC 16-20-2-14 IS AMENDED TO READ AS
11195	11195	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. At the first meeting
11196	11196	9 of a local board of health each year, the members shall elect a
11197	11197	10 chairman. chairperson.
11198	11198	11 SECTION 459. IC 16-20-2-15 IS AMENDED TO READ AS
11199	11199	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) Meetings may
11200	11200	13 be called by any of the following:
11201	11201	14 (1) The chairman. chairperson.
11202	11202	15 (2) Four (4) members of the local board of health.
11203	11203	16 (3) The local health officer.
11204	11204	17 (b) A majority of the members constitutes a quorum for the
11205	11205	18 transaction of business.
11206	11206	19 SECTION 460. IC 16-20-3-7 IS AMENDED TO READ AS
11207	11207	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. At the first meeting
11208	11208	21 of a multiple county board of health each year, the members shall elect
11209	11209	22 a chairman. chairperson.
11210	11210	23 SECTION 461. IC 16-20-3-8 IS AMENDED TO READ AS
11211	11211	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Meetings may be
11212	11212	25 called by any of the following:
11213	11213	26 (1) The chairman. chairperson.
11214	11214	27 (2) Four (4) members of the multiple county board of health.
11215	11215	28 (3) The local health officer.
11216	11216	29 (b) A majority of the members constitutes a quorum for the
11217	11217	30 transaction of business.
11218	11218	31 SECTION 462. IC 16-20-4-11 IS AMENDED TO READ AS
11219	11219	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The board of each
11220	11220	33 full-time city health department shall, immediately after appointment,
11221	11221	34 meet and organize by electing a chairman, chairperson, vice chairman,
11222	11222	35 chairperson, and other officers the board considers necessary.
11223	11223	36 SECTION 463. IC 16-20-5-3 IS AMENDED TO READ AS
11224	11224	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. An area board of
11225	11225	38 health shall meet at the call of the chairman, chairperson, with the first
11226	11226	39 meeting to be held during the first month following the date of
11227	11227	40 establishment of the board.
11228	11228	41 SECTION 464. IC 16-20-5-4 IS AMENDED TO READ AS
11229	11229	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. At the first meeting
11230	11230	2024 IN 1267—LS 6912/DI 92 262
11231	11231	1 and annually thereafter, the area board of health shall elect a chairman
11232	11232	2 chairperson and a vice chairman. chairperson. One (1) of the health
11233	11233	3 officers shall be designated to serve as secretary. The county treasurer
11234	11234	4 member serves as treasurer of the board.
11235	11235	5 SECTION 465. IC 16-21-10-7, AS AMENDED BY P.L.108-2019,
11236	11236	6 SECTION 202, IS AMENDED TO READ AS FOLLOWS
11237	11237	7 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The hospital assessment fee
11238	11238	8 committee is established. The committee consists of the following four
11239	11239	9 (4) voting members:
11240	11240	10 (1) The secretary of family and social services appointed under
11241	11241	11 IC 12-8-1.5-2 or the secretary's designee, who shall serve as the
11242	11242	12 chair of the committee.
11243	11243	13 (2) The budget director or the budget director's designee.
11244	11244	14 (3) Two (2) individuals appointed by the governor from a list of
11245	11245	15 at least four (4) individuals submitted by the Indiana Hospital
11246	11246	16 Association.
11247	11247	17 The committee members described in subdivision (3) serve at the
11248	11248	18 pleasure of the governor. If a vacancy occurs among the members
11249	11249	19 appointed under subdivision (3), the governor shall appoint a
11250	11250	20 replacement committee member from a list of at least two (2)
11251	11251	21 individuals submitted by the Indiana Hospital Association.
11252	11252	22 (b) The committee shall review any Medicaid state plan
11253	11253	23 amendments, waiver requests, or revisions to any Medicaid state plan
11254	11254	24 amendments or waiver requests, to implement or continue the
11255	11255	25 implementation of this chapter for the purpose of establishing favorable
11256	11256	26 review of the amendments, requests, and revisions by the United States
11257	11257	27 Department of Health and Human Services. The committee shall also
11258	11258	28 develop a disproportionate share payment plan or submit to the office
11259	11259	29 the default plan, if applicable, as set forth in IC 12-15-16-7.5 and
11260	11260	30 IC 12-15-16-7.7.
11261	11261	31 (c) The committee shall meet at the call of the chair. The members
11262	11262	32 serve without compensation.
11263	11263	33 (d) A quorum consists of at least three (3) members. An affirmative
11264	11264	34 vote of at least three (3) members of the committee is necessary to
11265	11265	35 approve Medicaid state plan amendments, waiver requests, revisions
11266	11266	36 to the Medicaid state plan or waiver requests, and the approvals and
11267	11267	37 other determinations required of the committee under IC 12-15-44.5
11268	11268	38 and section 13.3 of this chapter.
11269	11269	39 (e) The following apply to the approvals and any other
11270	11270	40 determinations required by the committee under IC 12-15-44.5 and
11271	11271	41 section 13.3 of this chapter:
11272	11272	42 (1) The committee shall be guided and subject to the intent of the
11273	11273	2024 IN 1267—LS 6912/DI 92 263
11274	11274	1 general assembly in the passage of IC 12-15-44.5 and section 13.3
11275	11275	2 of this chapter.
11276	11276	3 (2) The chair of the committee shall report any approval and other
11277	11277	4 determination by the committee to the budget committee.
11278	11278	5 (3) If, in taking action, the committee's vote is tied, the committee
11279	11279	6 shall follow the following procedure:
11280	11280	7 (A) The chair of the committee shall notify the chairman
11281	11281	8 chairperson of the budget committee of the tied vote and
11282	11282	9 provide a summary of that matter that was the subject of the
11283	11283	10 vote.
11284	11284	11 (B) The chairman chairperson of the budget committee shall
11285	11285	12 provide each committee member who voted an opportunity to
11286	11286	13 appear before the budget committee to present information and
11287	11287	14 materials to the budget committee concerning the matter that
11288	11288	15 was the subject of the tied vote.
11289	11289	16 (C) Following a presentation of the information and the
11290	11290	17 materials described in clause (B), the budget committee may
11291	11291	18 make recommendations to the committee concerning the
11292	11292	19 matter that was the subject of the tied vote.
11293	11293	20 SECTION 466. IC 16-22-2-9, AS AMENDED BY P.L.24-2016,
11294	11294	21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11295	11295	22 JULY 1, 2024]: Sec. 9. (a) Each governing board member shall not
11296	11296	23 more than ten (10) days after appointment and before entering on
11297	11297	24 official duties take an oath to support the Constitution of the United
11298	11298	25 States and the Constitution of the State of Indiana and to faithfully
11299	11299	26 discharge the duties of office. The board shall adopt bylaws that
11300	11300	27 provide for the election of one (1) member as chairman, chairperson,
11301	11301	28 one (1) member as secretary, and other officers the board considers
11302	11302	29 necessary or advisable.
11303	11303	30 (b) The county treasurer of the county in which the hospital is
11304	11304	31 located shall be the treasurer of the governing board. Money in the
11305	11305	32 hospital fund shall be disbursed only on warrants issued by the county
11306	11306	33 auditor and countersigned by the county treasurer. However, the board,
11307	11307	34 with the approval of the county executive, may elect a treasurer who
11308	11308	35 shall also serve as the disbursing officer of the hospital. Checks drawn
11309	11309	36 by the treasurer must be countersigned by a person selected by the
11310	11310	37 board. Approval by the county executive for the board to elect a
11311	11311	38 treasurer is permanent, and the treasurer may not be a member of the
11312	11312	39 board.
11313	11313	40 (c) The executive director and all persons whose duty it is to handle
11314	11314	41 funds of the hospital must execute a corporate surety bond in an
11315	11315	42 amount and with conditions required by the board. If a treasurer is
11316	11316	2024 IN 1267—LS 6912/DI 92 264
11317	11317	1 elected by the board, the treasurer shall be separately bonded in an
11318	11318	2 amount fixed by the board but not less than twenty-five thousand
11319	11319	3 dollars ($25,000). The board may elect an assistant treasurer who may
11320	11320	4 not be a member of the board and who must be separately bonded in an
11321	11321	5 amount fixed by the board greater than twenty-five thousand dollars
11322	11322	6 ($25,000). The bond on all persons except the treasurer and assistant
11323	11323	7 treasurer may be a blanket corporate surety bond conditioned for the
11324	11324	8 faithful performance of duties. All bonds required by this subsection
11325	11325	9 must be approved by the board and filed with the county recorder. The
11326	11326	10 premiums shall be paid out of hospital funds.
11327	11327	11 (d) A majority of the members of the governing board constitutes a
11328	11328	12 quorum, and board action requires the affirmative vote of a majority of
11329	11329	13 those members present at a regular or special meeting of the board at
11330	11330	14 which a quorum is present. If a board member is absent from three (3)
11331	11331	15 consecutive regular board meetings or is absent from four (4) regular
11332	11332	16 board meetings during a year, upon recommendation by the board, the
11333	11333	17 member may be removed from office by the county executive and,
11334	11334	18 except as provided in section 7(b) of this chapter, the vacancy created
11335	11335	19 shall be filled as provided in section 11 of this chapter.
11336	11336	20 (e) Each board member shall be reimbursed for expenditures made
11337	11337	21 by the member in performing the duties of office, and an itemized
11338	11338	22 statement of expenses must be filed with the secretary and allowed by
11339	11339	23 the board. Each governing board member may receive annual
11340	11340	24 compensation not to exceed six thousand dollars ($6,000), with
11341	11341	25 compensation to be fixed by the board. The chair of the board may
11342	11342	26 receive additional compensation not to exceed one thousand two
11343	11343	27 hundred dollars ($1,200) annually, with compensation to be fixed by
11344	11344	28 the board.
11345	11345	29 (f) The governing board shall hold at least ten (10) regular meetings
11346	11346	30 each year, and special meetings of the board may be called at any time
11347	11347	31 by the chairman chairperson or two (2) members of the board. The
11348	11348	32 secretary of the board shall keep a complete record of all proceedings.
11349	11349	33 (g) A board member may receive group health and life insurance
11350	11350	34 benefits paid by the hospital. Health and life insurance benefits are not
11351	11351	35 considered compensation under subsection (e).
11352	11352	36 (h) A board member may attend meetings and seminars for the
11353	11353	37 benefit of the hospital, with the cost of the meetings and seminars paid
11354	11354	38 by the hospital. A payment made by the hospital under this subsection
11355	11355	39 to a board member is not considered compensation under subsection
11356	11356	40 (e).
11357	11357	41 SECTION 467. IC 16-31-2-5 IS AMENDED TO READ AS
11358	11358	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The commission may
11359	11359	2024 IN 1267—LS 6912/DI 92 265
11360	11360	1 meet as often as is necessary upon call of the chairman chairperson
11361	11361	2 but meetings shall be held at least four (4) times each year.
11362	11362	3 SECTION 468. IC 16-39-2-6, AS AMENDED BY P.L.137-2021,
11363	11363	4 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11364	11364	5 JULY 1, 2024]: Sec. 6. (a) Without the consent of the patient, the
11365	11365	6 patient's mental health record may only be disclosed as follows:
11366	11366	7 (1) To individuals who meet the following conditions:
11367	11367	8 (A) Are employed by:
11368	11368	9 (i) the provider at the same facility or agency;
11369	11369	10 (ii) a managed care provider (as defined in IC 12-7-2-127);
11370	11370	11 or
11371	11371	12 (iii) a health care provider or mental health care provider, if
11372	11372	13 the mental health records are needed to provide health care
11373	11373	14 or mental health services to the patient.
11374	11374	15 (B) Are involved in the planning, provision, and monitoring of
11375	11375	16 services.
11376	11376	17 (2) To the extent necessary to obtain payment for services
11377	11377	18 rendered or other benefits to which the patient may be entitled, as
11378	11378	19 provided in IC 16-39-5-3.
11379	11379	20 (3) To the patient's court appointed counsel and to the Indiana
11380	11380	21 protection and advocacy services commission.
11381	11381	22 (4) For research conducted in accordance with IC 16-39-5-3 and
11382	11382	23 the rules of the division of mental health and addiction, the rules
11383	11383	24 of the division of disability and rehabilitative services, the rules
11384	11384	25 of the provider, or the rules of the Indiana archives and records
11385	11385	26 administration and the oversight committee on public records.
11386	11386	27 (5) To the division of mental health and addiction for the purpose
11387	11387	28 of data collection, research, and monitoring managed care
11388	11388	29 providers (as defined in IC 12-7-2-127) who are operating under
11389	11389	30 a contract with the division of mental health and addiction.
11390	11390	31 (6) To the extent necessary to make reports or give testimony
11391	11391	32 required by the statutes pertaining to admissions, transfers,
11392	11392	33 discharges, and guardianship proceedings.
11393	11393	34 (7) To a law enforcement agency if any of the following
11394	11394	35 conditions are met:
11395	11395	36 (A) A patient escapes from a facility to which the patient is
11396	11396	37 committed under IC 12-26.
11397	11397	38 (B) The superintendent of the facility determines that failure
11398	11398	39 to provide the information may result in bodily harm to the
11399	11399	40 patient or another individual.
11400	11400	41 (C) A patient commits or threatens to commit a crime on
11401	11401	42 facility premises or against facility personnel.
11402	11402	2024 IN 1267—LS 6912/DI 92 266
11403	11403	1 (D) A patient is in the custody of a law enforcement officer or
11404	11404	2 agency for any reason and:
11405	11405	3 (i) the information to be released is limited to medications
11406	11406	4 currently prescribed for the patient or to the patient's history
11407	11407	5 of adverse medication reactions; and
11408	11408	6 (ii) the provider determines that the release of the
11409	11409	7 medication information will assist in protecting the health,
11410	11410	8 safety, or welfare of the patient.
11411	11411	9 Mental health records released under this clause must be
11412	11412	10 maintained in confidence by the law enforcement agency
11413	11413	11 receiving them.
11414	11414	12 (8) To a coroner or medical examiner, in the performance of the
11415	11415	13 individual's duties.
11416	11416	14 (9) To a school in which the patient is enrolled if the
11417	11417	15 superintendent of the facility determines that the information will
11418	11418	16 assist the school in meeting educational needs of the patient.
11419	11419	17 (10) To the extent necessary to satisfy reporting requirements
11420	11420	18 under the following statutes:
11421	11421	19 (A) IC 12-10-3-10.
11422	11422	20 (B) IC 12-24-17-5.
11423	11423	21 (C) IC 16-41-2-3.
11424	11424	22 (D) IC 16-50-1-8.
11425	11425	23 (E) IC 31-25-3-2.
11426	11426	24 (F) IC 31-33-5-4.
11427	11427	25 (G) IC 34-30-16-2.
11428	11428	26 (H) IC 35-46-1-13.
11429	11429	27 (11) To the extent necessary to satisfy release of information
11430	11430	28 requirements under the following statutes:
11431	11431	29 (A) IC 12-24-11-2.
11432	11432	30 (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
11433	11433	31 (C) IC 12-26-11.
11434	11434	32 (12) To another health care provider in a health care emergency.
11435	11435	33 (13) For legitimate business purposes as described in
11436	11436	34 IC 16-39-5-3.
11437	11437	35 (14) Under a court order under IC 16-39-3.
11438	11438	36 (15) With respect to records from a mental health or
11439	11439	37 developmental disability facility, to the United States Secret
11440	11440	38 Service if the following conditions are met:
11441	11441	39 (A) The request does not apply to alcohol or drug abuse
11442	11442	40 records described in 42 U.S.C. 290dd-2 unless authorized by
11443	11443	41 a court order under 42 U.S.C. 290dd-2(b)(2)(c).
11444	11444	42 (B) The request relates to the United States Secret Service's
11445	11445	2024 IN 1267—LS 6912/DI 92 267
11446	11446	1 protective responsibility and investigative authority under 18
11447	11447	2 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
11448	11448	3 (C) The request specifies an individual patient.
11449	11449	4 (D) The director or superintendent of the facility determines
11450	11450	5 that disclosure of the mental health record may be necessary
11451	11451	6 to protect a person under the protection of the United States
11452	11452	7 Secret Service from serious bodily injury or death.
11453	11453	8 (E) The United States Secret Service agrees to only use the
11454	11454	9 mental health record information for investigative purposes
11455	11455	10 and not disclose the information publicly.
11456	11456	11 (F) The mental health record information disclosed to the
11457	11457	12 United States Secret Service includes only:
11458	11458	13 (i) the patient's name, age, and address;
11459	11459	14 (ii) the date of the patient's admission to or discharge from
11460	11460	15 the facility; and
11461	11461	16 (iii) any information that indicates whether or not the patient
11462	11462	17 has a history of violence or presents a danger to the person
11463	11463	18 under protection.
11464	11464	19 (16) To the statewide waiver ombudsman established under
11465	11465	20 IC 12-11-13, in the performance of the ombudsman's duties.
11466	11466	21 (b) If a licensed mental health professional, a licensed paramedic,
11467	11467	22 a representative of a mobile integrated healthcare program (as
11468	11468	23 described in IC 16-31-12), or a representative of a mental health
11469	11469	24 community paramedicine program in the course of rendering a
11470	11470	25 treatment intervention, determines that a patient may be a harm to
11471	11471	26 himself or herself the patient or others, the licensed mental health
11472	11472	27 professional, the licensed paramedic, the representative of the mobile
11473	11473	28 integrated healthcare program (as described in IC 16-31-12), or the
11474	11474	29 representative of the mental health community paramedicine program
11475	11475	30 may request a patient's individualized mental health safety plan from
11476	11476	31 a psychiatric crisis center, psychiatric inpatient unit, or psychiatric
11477	11477	32 residential treatment provider. Each psychiatric crisis center,
11478	11478	33 psychiatric inpatient unit, and psychiatric residential treatment provider
11479	11479	34 shall, upon request and without the consent of the patient, share a
11480	11480	35 patient's individualized mental health safety plan that is in the standard
11481	11481	36 format established by the division of mental health and addiction under
11482	11482	37 IC 12-21-5-6 with the following individuals who demonstrate proof of
11483	11483	38 licensure and commit to protecting the information in compliance with
11484	11484	39 state and federal privacy laws:
11485	11485	40 (1) A licensed mental health professional.
11486	11486	41 (2) A licensed paramedic.
11487	11487	42 (3) A representative of a mobile integrated healthcare program (as
11488	11488	2024 IN 1267—LS 6912/DI 92 268
11489	11489	1 described in IC 16-31-12).
11490	11490	2 (4) A representative of a mental health community paramedicine
11491	11491	3 program.
11492	11492	4 An individualized mental health safety plan disclosed under this
11493	11493	5 subsection may be used only to support a patient's welfare and safety
11494	11494	6 and is considered otherwise confidential information under applicable
11495	11495	7 state and federal laws.
11496	11496	8 (c) After information is disclosed under subsection (a)(15) and if the
11497	11497	9 patient is evaluated to be dangerous, the records shall be interpreted in
11498	11498	10 consultation with a licensed mental health professional on the staff of
11499	11499	11 the United States Secret Service.
11500	11500	12 (d) A person who discloses information under subsection (a)(7),
11501	11501	13 (a)(15), or (b) in good faith is immune from civil and criminal liability.
11502	11502	14 SECTION 469. IC 16-46-6-6 IS AMENDED TO READ AS
11503	11503	15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The council shall
11504	11504	16 select a chairman chairperson from the membership annually.
11505	11505	17 SECTION 470. IC 20-23-6-3, AS AMENDED BY P.L.152-2021,
11506	11506	18 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11507	11507	19 JULY 1, 2024]: Sec. 3. (a) If the governing bodies of at least two (2)
11508	11508	20 school corporations desire to consolidate school corporations, the
11509	11509	21 governing bodies may meet together and adopt a joint resolution
11510	11510	22 declaring intention to consolidate school corporations. The resolution
11511	11511	23 must set out the following information concerning the proposed
11512	11512	24 consolidation:
11513	11513	25 (1) The name of the proposed new school corporation.
11514	11514	26 (2) The number of members on the governing body and the
11515	11515	27 manner in which they shall be elected or appointed.
11516	11516	28 (A) If members are to be elected, the resolution must provide
11517	11517	29 for:
11518	11518	30 (i) the manner of the nomination of members;
11519	11519	31 (ii) who shall constitute the board of election
11520	11520	32 commissioners;
11521	11521	33 (iii) who shall appoint inspectors, judges, clerks, and
11522	11522	34 sheriffs; and
11523	11523	35 (iv) any other provisions desirable in facilitating the
11524	11524	36 election.
11525	11525	37 (B) Where applicable and not in conflict with the resolution,
11526	11526	38 the election is governed by the general election laws of
11527	11527	39 Indiana, including the registration laws.
11528	11528	40 (3) Limitations on residences, term of office, and other
11529	11529	41 qualifications required of the members of the governing body. A
11530	11530	42 resolution may not provide for an appointive or elective term of
11531	11531	2024 IN 1267—LS 6912/DI 92 269
11532	11532	1 more than four (4) years. A member may succeed himself or
11533	11533	2 herself serve successive terms in office.
11534	11534	3 (4) Names of present school corporations that are to be merged
11535	11535	4 together as a consolidated school corporation.
11536	11536	5 In addition, the resolution may specify the time when the consolidated
11537	11537	6 school corporation comes into existence.
11538	11538	7 (b) The number of members on the governing body as provided in
11539	11539	8 the resolution may not be less than three (3) or more than seven (7).
11540	11540	9 However, the joint resolution may provide for a board of nine (9)
11541	11541	10 members if the proposed consolidated school corporation is formed out
11542	11542	11 of two (2) or more school corporations that:
11543	11543	12 (1) have entered into an interlocal agreement to construct and
11544	11544	13 operate a joint high school; or
11545	11545	14 (2) are operating a joint high school that has an enrollment of at
11546	11546	15 least six hundred (600) in grades 9 through 12 at the time the joint
11547	11547	16 resolution is adopted.
11548	11548	17 (c) The members of the governing body shall, after adopting a joint
11549	11549	18 resolution, give notice by publication once each week for two (2)
11550	11550	19 consecutive weeks:
11551	11551	20 (1) with each notice by publication in a newspaper of general
11552	11552	21 circulation, if any, in each of the school corporations, or, if a
11553	11553	22 newspaper is not published in the school corporation, publication
11554	11554	23 shall be made in the nearest newspaper published in the county in
11555	11555	24 which the school corporation is located; or
11556	11556	25 (2) with the first publication of notice in the newspaper or
11557	11557	26 newspapers as provided in subdivision (1) and the second
11558	11558	27 publication of notice:
11559	11559	28 (A) in accordance with IC 5-3-5; and
11560	11560	29 (B) on the official web sites websites of each of the school
11561	11561	30 corporations.
11562	11562	31 (d) The governing bodies of school corporations shall hold a public
11563	11563	32 meeting one (1) week after the date of the appearance of the last
11564	11564	33 publication of notice of intention to consolidate.
11565	11565	34 (e) If a protest has not been filed, as provided in this chapter, the
11566	11566	35 governing bodies shall declare by joint resolution the consolidation of
11567	11567	36 the school corporations to be accomplished, to take effect as provided
11568	11568	37 in section 8 of this chapter. However, on or before the sixth day
11569	11569	38 following the last publication of the notice of intention to consolidate,
11570	11570	39 twenty percent (20%) of the legal voters residing in any school
11571	11571	40 corporation may petition the governing body of the school corporations
11572	11572	41 for an election to determine whether or not the majority of the voters
11573	11573	42 of the school corporation is in favor of consolidation.
11574	11574	2024 IN 1267—LS 6912/DI 92 270
11575	11575	1 SECTION 471. IC 20-23-8-8, AS AMENDED BY P.L.219-2013,
11576	11576	2 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11577	11577	3 JULY 1, 2024]: Sec. 8. (a) A plan is subject to the following
11578	11578	4 limitations:
11579	11579	5 (1) A member of the governing body may not serve for a term of
11580	11580	6 more than four (4) years, but a member may succeed himself or
11581	11581	7 herself serve successive terms in office. This limitation does not
11582	11582	8 apply to members who hold over during an interim period to
11583	11583	9 effect a new plan awaiting the selection and qualification of a
11584	11584	10 member under the new plan.
11585	11585	11 (2) The plan, if the members are:
11586	11586	12 (A) to be elected, shall conform with one (1) of the types of
11587	11587	13 board organization permitted by IC 20-23-4-27; or
11588	11588	14 (B) appointed, shall conform with one (1) of the types
11589	11589	15 permitted by IC 20-23-4-28.
11590	11590	16 (3) The terms of the members of the governing body, either
11591	11591	17 elected to or taking office on or before the time the plan takes
11592	11592	18 effect, may not be shortened. The terms of the members taking
11593	11593	19 office under the plan may be shortened to make the plan workable
11594	11594	20 on a permanent basis.
11595	11595	21 (4) If the plan provides for electoral districts, where a member of
11596	11596	22 the governing body is elected solely by the voters of a single
11597	11597	23 district, the districts must be as near as practicable equal in
11598	11598	24 population. The districts shall be reapportioned and their
11599	11599	25 boundaries:
11600	11600	26 (A) changed, if necessary; or
11601	11601	27 (B) recertified, if changes are not necessary;
11602	11602	28 by resolution of the governing body not later than December 31
11603	11603	29 of the year next following the year in which a decennial census is
11604	11604	30 taken to preserve the equality of the governing body.
11605	11605	31 (5) The plan shall comply with the:
11606	11606	32 (A) Constitution of the State of Indiana; and
11607	11607	33 (B) Constitution of the United States;
11608	11608	34 including the equal protection clauses of both constitutions.
11609	11609	35 (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33
11610	11610	36 relating to the board of trustees of a community school
11611	11611	37 corporation and to the community school corporation, including
11612	11612	38 provisions relating to powers of the board and corporation and
11613	11613	39 provisions relating to the mechanics of selection of the board,
11614	11614	40 where elected and where appointed, apply to a governing body set
11615	11615	41 up by a plan under this chapter and to the school corporation.
11616	11616	42 (b) The limitations set forth in this section do not have to be
11617	11617	2024 IN 1267—LS 6912/DI 92 271
11618	11618	1 specifically set forth in a plan but are a part of the plan. A plan shall be
11619	11619	2 construed, if possible, to comply with this chapter. If a provision of the
11620	11620	3 plan or an application of the plan violates this chapter, the invalidity
11621	11621	4 does not affect the other provisions or applications of the plan that can
11622	11622	5 be given effect without the invalid provision or application. The
11623	11623	6 provisions of a plan are severable.
11624	11624	7 SECTION 472. IC 20-27-9-10, AS ADDED BY P.L.1-2005,
11625	11625	8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11626	11626	9 JULY 1, 2024]: Sec. 10. (a) The governing body of a school
11627	11627	10 corporation may allow the use of a school bus for the transportation of
11628	11628	11 agricultural workers engaged in cultivating, producing, or harvesting
11629	11629	12 crops.
11630	11630	13 (b) A school bus used under this section may transport only the
11631	11631	14 school bus driver, a supervisor, or foreman, students, and enrolled
11632	11632	15 college or university students.
11633	11633	16 (c) When a school bus is used to transport agricultural workers, a
11634	11634	17 sign shall be displayed on the front and on the rear of the school bus.
11635	11635	18 The sign must carry the words "Agricultural Workers" in letters at least
11636	11636	19 four (4) inches in height. These signs may be removed or covered
11637	11637	20 whenever the school bus is not being used to transport agricultural
11638	11638	21 workers.
11639	11639	22 (d) Notwithstanding any other provision of this article or IC 9, if a
11640	11640	23 school bus:
11641	11641	24 (1) is:
11642	11642	25 (A) registered as a school bus; and
11643	11643	26 (B) in compliance with all safety and equipment related
11644	11644	27 requirements for a school bus;
11645	11645	28 in a state other than Indiana;
11646	11646	29 (2) while in Indiana is used solely to transport agricultural
11647	11647	30 workers employed to detassel corn; and
11648	11648	31 (3) is operated in accordance with subsection (e);
11649	11649	32 the out-of-state school bus may be operated for not more than sixty (60)
11650	11650	33 days in a calendar year in Indiana without meeting the inspection and
11651	11651	34 safety requirements of this article.
11652	11652	35 (e) Before operating a school bus described in subsection (d), an
11653	11653	36 individual must:
11654	11654	37 (1) be licensed to operate a school bus in:
11655	11655	38 (A) the state in which the school bus is registered; or
11656	11656	39 (B) Indiana; and
11657	11657	40 (2) annually give written notice to the committee at least ten (10)
11658	11658	41 days before the school bus is operated in Indiana of the:
11659	11659	42 (A) jurisdiction in which the school bus has been registered
11660	11660	2024 IN 1267—LS 6912/DI 92 272
11661	11661	1 and inspected for safety and equipment related requirements;
11662	11662	2 (B) approximate dates that the school bus will be operated in
11663	11663	3 Indiana; and
11664	11664	4 (C) license plate number of the school bus.
11665	11665	5 SECTION 473. IC 20-33-2-15, AS ADDED BY P.L.1-2005,
11666	11666	6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11667	11667	7 JULY 1, 2024]: Sec. 15. (a) The governing body of a school
11668	11668	8 corporation and the chief administrative official of a nonpublic
11669	11669	9 secondary school system shall authorize the absence and excuse of
11670	11670	10 each secondary school student who serves:
11671	11671	11 (1) on the precinct election board; or
11672	11672	12 (2) as a helper to a political candidate or to a political party on the
11673	11673	13 date of each general, city or town, special, and primary election
11674	11674	14 at which the student works.
11675	11675	15 (b) Before the date of the election, the student must submit a
11676	11676	16 document signed by one (1) of the student's parents giving permission
11677	11677	17 to participate in the election as provided in this section, and the student
11678	11678	18 must verify to school authorities the performance of services by
11679	11679	19 submitting a document signed by the candidate, political party
11680	11680	20 chairman, chairperson, campaign manager, or precinct officer
11681	11681	21 generally describing the duties of the student on the date of the
11682	11682	22 election. A student excused from school attendance under this section
11683	11683	23 may not be recorded as being absent on any date for which the excuse
11684	11684	24 is operative and may not be penalized by the school in any manner.
11685	11685	25 SECTION 474. IC 20-36-4-5, AS AMENDED BY P.L.43-2021,
11686	11686	26 SECTION 120, IS AMENDED TO READ AS FOLLOWS
11687	11687	27 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) An advisory board for the
11688	11688	28 academy is established.
11689	11689	29 (b) Fifteen (15) members shall be appointed to the advisory board
11690	11690	30 as follows:
11691	11691	31 (1) The secretary of education as an ex officio member.
11692	11692	32 (2) The chairman chairperson of the curriculum committee of the
11693	11693	33 state board as an ex officio member.
11694	11694	34 (3) The commissioner of the commission for higher education as
11695	11695	35 an ex officio member.
11696	11696	36 (4) Seven (7) members appointed by the secretary of education as
11697	11697	37 follows:
11698	11698	38 (A) Two (2) members who are classroom teachers.
11699	11699	39 (B) Two (2) members who are public school administrators.
11700	11700	40 (C) One (1) member who represents the parents of public
11701	11701	41 school students.
11702	11702	42 (D) Two (2) members who are former students of the academy.
11703	11703	2024 IN 1267—LS 6912/DI 92 273
11704	11704	1 (5) Five (5) members appointed by the governor as follows:
11705	11705	2 (A) Two (2) representatives from state educational institutions.
11706	11706	3 (B) One (1) representative from a private postsecondary
11707	11707	4 educational institution in Indiana.
11708	11708	5 (C) Two (2) individuals representing business and industry.
11709	11709	6 (c) At the expiration of the terms of the initial appointees, their
11710	11710	7 successors shall be appointed to four (4) year terms beginning on July
11711	11711	8 1 in the year of their appointments. A member may be reappointed to
11712	11712	9 the advisory board.
11713	11713	10 (d) A vacancy in any appointive term under this section shall be
11714	11714	11 filled for the unexpired part of the term by appointment of the officer
11715	11715	12 who appointed the person creating the vacancy.
11716	11716	13 (e) On July 1 of each year, the secretary of education shall designate
11717	11717	14 a member to serve as chairperson. The advisory board shall elect other
11718	11718	15 officers annually to serve terms from July 1 through June 30.
11719	11719	16 (f) An advisory board member is not entitled to the minimum salary
11720	11720	17 per diem as provided in IC 4-10-11-2.1(b) while performing the
11721	11721	18 member's duties. A member is entitled to reimbursement for traveling
11722	11722	19 expenses and other expenses actually incurred in connection with the
11723	11723	20 member's duties, as provided in the state travel policies and procedures
11724	11724	21 established by the Indiana department of administration and approved
11725	11725	22 by the budget agency.
11726	11726	23 (g) The chairperson shall call the meetings of the advisory board.
11727	11727	24 (h) A majority of the advisory board constitutes a quorum for the
11728	11728	25 purpose of doing business.
11729	11729	26 SECTION 475. IC 21-9-4-1, AS AMENDED BY P.L.43-2021,
11730	11730	27 SECTION 139, IS AMENDED TO READ AS FOLLOWS
11731	11731	28 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The board of directors of the
11732	11732	29 authority is established. The board consists of the following:
11733	11733	30 (1) The following four (4) ex officio members or directors:
11734	11734	31 (A) The treasurer of state.
11735	11735	32 (B) The secretary of education.
11736	11736	33 (C) The Indiana commissioner for higher education.
11737	11737	34 (D) The budget director.
11738	11738	35 (2) Five (5) appointed members or directors who:
11739	11739	36 (A) are appointed by the governor; and
11740	11740	37 (B) have knowledge, skill, and experience in academic,
11741	11741	38 business, financial, or education fields.
11742	11742	39 (b) During a member's term of service on the board, an appointed
11743	11743	40 member of the board may not be an official or employee of the state.
11744	11744	41 (c) Not more than three (3) of the appointed members of the board
11745	11745	42 may belong to the same political party.
11746	11746	2024 IN 1267—LS 6912/DI 92 274
11747	11747	1 (d) An appointed member serves a four (4) year term. An appointed
11748	11748	2 member shall hold over after the expiration of the member's term until
11749	11749	3 the member's successor is appointed and qualified.
11750	11750	4 (e) The governor may reappoint an appointed member of the board.
11751	11751	5 (f) A vacancy shall be filled for the balance of an unexpired term in
11752	11752	6 the same manner as the original appointment.
11753	11753	7 (g) The treasurer of state shall serve as chairman chairperson of the
11754	11754	8 board. The board shall annually elect one (1) of its ex officio members
11755	11755	9 as vice chairman, chairperson, and may elect any other officer that the
11756	11756	10 board desires.
11757	11757	11 (h) The governor may remove an appointed member for
11758	11758	12 misfeasance, malfeasance, willful neglect of duty, or other cause after
11759	11759	13 notice and a public hearing, unless the member expressly waives the
11760	11760	14 notice and hearing in writing.
11761	11761	15 SECTION 476. IC 21-9-4-5, AS AMENDED BY P.L.134-2012,
11762	11762	16 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11763	11763	17 JULY 1, 2024]: Sec. 5. (a) Five (5) members of the board are a quorum
11764	11764	18 for:
11765	11765	19 (1) the transaction of business at a meeting of the board; or
11766	11766	20 (2) the exercise of a power or function of the authority.
11767	11767	21 (b) The affirmative vote of a majority of all the members of the
11768	11768	22 board who are present is necessary for the authority to take action. A
11769	11769	23 vacancy in the membership of the board does not impair the right of a
11770	11770	24 quorum to exercise all the rights and perform all the duties of the
11771	11771	25 authority. An action taken by the board under this article may be
11772	11772	26 authorized by:
11773	11773	27 (1) resolution at any regular or special meeting; or
11774	11774	28 (2) unanimous consent of all the members who have not
11775	11775	29 abstained.
11776	11776	30 A resolution takes effect immediately upon adoption and need not be
11777	11777	31 published or posted.
11778	11778	32 (c) The board shall meet at the call of the chairman chairperson
11779	11779	33 and as provided in the bylaws of the authority.
11780	11780	34 (d) Meetings of the board may be held anywhere in Indiana.
11781	11781	35 SECTION 477. IC 21-9-4-11 IS AMENDED TO READ AS
11782	11782	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Before the adoption
11783	11783	37 and implementation of any education savings program, the:
11784	11784	38 (1) chairman; chairperson;
11785	11785	39 (2) vice chairman; chairperson;
11786	11786	40 (3) manager; and
11787	11787	41 (4) any officer elected by the authority or member of the authority
11788	11788	42 authorized by resolution to handle funds or sign checks;
11789	11789	2024 IN 1267—LS 6912/DI 92 275
11790	11790	1 shall execute a surety bond in the penal sum of one hundred thousand
11791	11791	2 dollars ($100,000). The surety bond shall be conditioned upon the
11792	11792	3 faithful performance of the duties of the office of the principal and
11793	11793	4 shall be executed by a surety company authorized to transact business
11794	11794	5 in Indiana. The authority shall pay the cost of the bonds.
11795	11795	6 SECTION 478. IC 21-18-4-1, AS ADDED BY P.L.2-2007,
11796	11796	7 SECTION 259, IS AMENDED TO READ AS FOLLOWS
11797	11797	8 [EFFECTIVE JULY 1, 2024]: Sec. 1. The commission shall elect from
11798	11798	9 its membership:
11799	11799	10 (1) a chairman; chairperson;
11800	11800	11 (2) a vice chairman; chairperson; and
11801	11801	12 (3) other necessary officers.
11802	11802	13 SECTION 479. IC 21-22-4-1, AS ADDED BY P.L.2-2007,
11803	11803	14 SECTION 263, IS AMENDED TO READ AS FOLLOWS
11804	11804	15 [EFFECTIVE JULY 1, 2024]: Sec. 1. The members of the state board
11805	11805	16 of trustees shall elect from their own number a chairman chairperson
11806	11806	17 and a vice chairman. chairperson.
11807	11807	18 SECTION 480. IC 21-22-5-2, AS AMENDED BY P.L.169-2007,
11808	11808	19 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11809	11809	20 JULY 1, 2024]: Sec. 2. The state board of trustees shall meet regularly
11810	11810	21 at least four (4) times a year and at other times upon call by its
11811	11811	22 chairman. chairperson.
11812	11812	23 SECTION 481. IC 21-44-5-2, AS AMENDED BY P.L.56-2023,
11813	11813	24 SECTION 202, IS AMENDED TO READ AS FOLLOWS
11814	11814	25 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board consists of the
11815	11815	26 following members:
11816	11816	27 (1) The dean of the Indiana University School of Medicine, who
11817	11817	28 serves as an ex officio member of the board. The dean of the
11818	11818	29 Indiana University School of Medicine shall serve as the
11819	11819	30 chairman chairperson of the board.
11820	11820	31 (2) The commissioner of the Indiana department of health, who
11821	11821	32 serves as an ex officio member of the board.
11822	11822	33 (3) Five (5) members appointed by the governor as follows:
11823	11823	34 (A) One (1) member appointed by the governor who is a
11824	11824	35 director of medical education of an Indiana hospital not owned
11825	11825	36 or operated by Indiana University.
11826	11826	37 (B) One (1) member who:
11827	11827	38 (i) is a hospital administrator in a hospital not owned or
11828	11828	39 operated by Indiana University; and
11829	11829	40 (ii) is not the hospital administrator for the hospital that
11830	11830	41 employs the member appointed under clause (A).
11831	11831	42 (C) One (1) member who:
11832	11832	2024 IN 1267—LS 6912/DI 92 276
11833	11833	1 (i) is a citizen of Indiana; and
11834	11834	2 (ii) is not a physician and not a hospital administrator.
11835	11835	3 (D) Two (2) members who are physicians holding unlimited
11836	11836	4 licenses to practice medicine in Indiana. The two (2)
11837	11837	5 physicians appointed under this subdivision may not be
11838	11838	6 directors of medical education. One (1) of the members
11839	11839	7 appointed under this subdivision must practice in the specialty
11840	11840	8 of family practice.
11841	11841	9 (b) The terms of the five (5) members appointed to the board by the
11842	11842	10 governor are for three (3) years beginning January 1 of the year of
11843	11843	11 appointment and continuing until the member's successor is appointed
11844	11844	12 and qualified. If a membership on the board becomes vacant before the
11845	11845	13 expiration of the term, the governor shall appoint a replacement with
11846	11846	14 the same representative status to fill the unexpired term.
11847	11847	15 SECTION 482. IC 22-2-2-9 IS AMENDED TO READ AS
11848	11848	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Any employer who
11849	11849	17 violates the provisions of section 4 of this chapter shall be liable to the
11850	11850	18 employee or employees affected in the amount of their unpaid
11851	11851	19 minimum wages and in an equal additional amount as liquidated
11852	11852	20 damages. Action to recover such liability may be maintained within
11853	11853	21 three (3) years after the cause of action therefor arises in the circuit or
11854	11854	22 superior court of the county in which the services out of which the
11855	11855	23 claim arises were performed or in which the defendant resides or
11856	11856	24 transacts business. Such action may be brought by any one (1) or more
11857	11857	25 employees for and on behalf of himself or themselves the employee or
11858	11858	26 employees and all other employees of the same employer who are
11859	11859	27 similarly situated. No employee shall be a party plaintiff to any such
11860	11860	28 action unless he that employee gives his consent in writing to become
11861	11861	29 such a party and such consent is filed in the court in which such action
11862	11862	30 is brought. The court in such action shall, in addition to any judgment
11863	11863	31 awarded to the plaintiffs, allow recovery of a reasonable attorney's fee
11864	11864	32 and costs of the action. No contract or agreement between the
11865	11865	33 employee and the employer nor any acceptance of a lesser wage by the
11866	11866	34 employee shall be a defense to the action.
11867	11867	35 SECTION 483. IC 22-2-9-4 IS AMENDED TO READ AS
11868	11868	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) It shall be the
11869	11869	37 duty of the commissioner of labor to enforce and to insure compliance
11870	11870	38 with the provisions of this chapter, to investigate any violations of any
11871	11871	39 of the provisions of this chapter, and to institute or cause to be
11872	11872	40 instituted actions for penalties and forfeitures provided under this
11873	11873	41 chapter. The commissioner of labor may hold hearings to satisfy
11874	11874	42 himself as to the justice of any claim, and he the commissioner shall
11875	11875	2024 IN 1267—LS 6912/DI 92 277
11876	11876	1 cooperate with any employee in the enforcement of any claim against
11877	11877	2 his the employee's employer in any case whenever, in his the
11878	11878	3 commissioner's opinion, the claim is just and valid.
11879	11879	4 (b) The commissioner of labor may refer claims for wages under
11880	11880	5 this chapter to the attorney general, and the attorney general may
11881	11881	6 initiate civil actions on behalf of the claimant or may refer the claim to
11882	11882	7 any attorney admitted to the practice of law in Indiana. The provisions
11883	11883	8 of IC 22-2-5-2 apply to civil actions initiated under this subsection by
11884	11884	9 the attorney general or his the attorney general's designee.
11885	11885	10 SECTION 484. IC 22-3-1-1, AS AMENDED BY P.L.168-2011,
11886	11886	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11887	11887	12 JULY 1, 2024]: Sec. 1. (a) There is hereby created the worker's
11888	11888	13 compensation board of Indiana, which shall consist of seven (7)
11889	11889	14 members, not more than four (4) of whom shall belong to the same
11890	11890	15 political party, appointed by the governor, one (1) of whom the
11891	11891	16 governor shall designate as chairman. chairperson. All members of the
11892	11892	17 board shall be attorneys in good standing admitted to the practice of
11893	11893	18 law in Indiana.
11894	11894	19 (b) Each member of said board shall hold office for four (4) years
11895	11895	20 and until the member's successor is appointed and qualified.
11896	11896	21 (c) No member of the board shall hold any other position of trust or
11897	11897	22 profit or engage in any occupation or business interfering with or
11898	11898	23 inconsistent with the discharge of the member's duties.
11899	11899	24 (d) Any member of said board may be removed by the governor at
11900	11900	25 any time for incompetency, neglect of duty, misconduct in office, or
11901	11901	26 other good cause to be stated in writing in the order of removal. In case
11902	11902	27 of a vacancy in the membership of the said board, the governor shall
11903	11903	28 appoint for the unexpired term.
11904	11904	29 (e) The budget agency, with the approval of the governor, shall
11905	11905	30 approve the salaries of the members of the board and the secretary.
11906	11906	31 (f) The board may appoint an executive administrator and may
11907	11907	32 remove the executive administrator. The executive administrator shall
11908	11908	33 have authority to administer oaths and issue subpoenas in connection
11909	11909	34 with the administration of IC 22-3-2 through IC 22-3-7.
11910	11910	35 (g) The board, subject to the approval of the governor, may employ
11911	11911	36 and fix the compensations of such clerical and other assistants as it may
11912	11912	37 deem necessary.
11913	11913	38 (h) The members of the board and its assistants shall be entitled to
11914	11914	39 receive from the state their actual and necessary expenses while
11915	11915	40 traveling on the business of the board, but such expenses shall be
11916	11916	41 approved by the chairman chairperson of the board before payment is
11917	11917	42 made.
11918	11918	2024 IN 1267—LS 6912/DI 92 278
11919	11919	1 (i) All salaries and expenses of the board shall be audited and paid
11920	11920	2 out of the state treasury in the manner prescribed for similar expenses
11921	11921	3 in other departments or branches of the state service.
11922	11922	4 SECTION 485. IC 22-3-2-2, AS AMENDED BY P.L.134-2006,
11923	11923	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11924	11924	6 JULY 1, 2024]: Sec. 2. (a) Every employer and every employee, except
11925	11925	7 as stated in IC 22-3-2 through IC 22-3-6, shall comply with the
11926	11926	8 provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and
11927	11927	9 accept compensation for personal injury or death by accident arising
11928	11928	10 out of and in the course of the employment, and shall be bound thereby.
11929	11929	11 The burden of proof is on the employee. The proof by the employee of
11930	11930	12 an element of a claim does not create a presumption in favor of the
11931	11931	13 employee with regard to another element of the claim.
11932	11932	14 (b) IC 22-3-2 through IC 22-3-6 does not apply to railroad
11933	11933	15 employees engaged in train service as:
11934	11934	16 (1) engineers;
11935	11935	17 (2) firemen; stokers;
11936	11936	18 (3) conductors;
11937	11937	19 (4) brakemen; brake persons;
11938	11938	20 (5) flagmen; flaggers;
11939	11939	21 (6) baggagemen; baggage handlers; or
11940	11940	22 (7) foremen supervisors in charge of yard engines and helpers
11941	11941	23 assigned thereto.
11942	11942	24 (c) IC 22-3-2 through IC 22-3-6 does not apply to employees of
11943	11943	25 municipal corporations in Indiana who are members of:
11944	11944	26 (1) the fire department or police department of any such
11945	11945	27 municipality; and
11946	11946	28 (2) a firefighters' pension fund or of a police officers' pension
11947	11947	29 fund.
11948	11948	30 However, if the common council elects to purchase and procure
11949	11949	31 worker's compensation insurance to insure said employees with respect
11950	11950	32 to medical benefits under IC 22-3-2 through IC 22-3-6, the medical
11951	11951	33 provisions of IC 22-3-2 through IC 22-3-6 apply to members of the fire
11952	11952	34 department or police department of any such municipal corporation
11953	11953	35 who are also members of a firefighters' pension fund or a police
11954	11954	36 officers' pension fund.
11955	11955	37 (d) IC 22-3-2 through IC 22-3-6 do not apply to the following:
11956	11956	38 (1) A person who enters into an independent contractor agreement
11957	11957	39 with a nonprofit corporation that is recognized as tax exempt
11958	11958	40 under Section 501(c)(3) of the Internal Revenue Code (as defined
11959	11959	41 in IC 6-3-1-11(a)) to perform youth coaching services on a
11960	11960	42 part-time basis.
11961	11961	2024 IN 1267—LS 6912/DI 92 279
11962	11962	1 (2) A nonprofit corporation that is recognized as tax exempt under
11963	11963	2 Section 501(c)(3) of the Internal Revenue Code (as defined in
11964	11964	3 IC 6-3-1-11(a)) to the extent the corporation enters into an
11965	11965	4 independent contractor agreement with a person for the
11966	11966	5 performance of youth coaching services on a part-time basis.
11967	11967	6 (e) When any municipal corporation purchases or procures worker's
11968	11968	7 compensation insurance covering members of the fire department or
11969	11969	8 police department who are also members of a firefighters' pension fund
11970	11970	9 or a police officers' pension fund, and pays the premium or premiums
11971	11971	10 for such insurance, the payment of such premiums is a legal and
11972	11972	11 allowable expenditure of funds of any municipal corporation.
11973	11973	12 (f) Except as provided in subsection (g), where the common council
11974	11974	13 has procured worker's compensation insurance under this section, any
11975	11975	14 member of such fire department or police department employed in the
11976	11976	15 city carrying such worker's compensation insurance under this section
11977	11977	16 is limited to recovery of medical and surgical care, medicines,
11978	11978	17 laboratory, curative and palliative agents and means, x-ray, diagnostic
11979	11979	18 and therapeutic services to the extent that such services are provided
11980	11980	19 for in the worker's compensation policy procured by such city, and shall
11981	11981	20 not also recover in addition to that policy for such same benefits
11982	11982	21 provided in IC 36-8-4.
11983	11983	22 (g) If the medical benefits provided under a worker's compensation
11984	11984	23 policy procured by the common council terminate for any reason before
11985	11985	24 the police officer or firefighter is fully recovered, the common council
11986	11986	25 shall provide medical benefits that are necessary until the police officer
11987	11987	26 or firefighter is no longer in need of medical care.
11988	11988	27 (h) The provisions of IC 22-3-2 through IC 22-3-6 apply to:
11989	11989	28 (1) members of the Indiana general assembly; and
11990	11990	29 (2) field examiners of the state board of accounts.
11991	11991	30 SECTION 486. IC 22-3-3-2 IS AMENDED TO READ AS
11992	11992	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The notice provided
11993	11993	32 for in the preceding section shall state the name and address of the
11994	11994	33 employee, the time, place, nature and cause of the injury or death, and
11995	11995	34 shall be signed by the injured employee or by some one in his behalf or
11996	11996	35 by one (1) or more of the dependents, in case of death, or by some
11997	11997	36 person in their behalf. Said notice may be served personally upon the
11998	11998	37 employer, or upon any foreman, supervisor, superintendent or
11999	11999	38 manager of the employer to whose orders the injured or deceased
12000	12000	39 employee was required to conform or upon any agent of the employer
12001	12001	40 upon whom a summons in a civil action may be served under the laws
12002	12002	41 of the state, or may be sent to the employer by registered letter,
12003	12003	42 addressed to his last known residence or place of business.
12004	12004	2024 IN 1267—LS 6912/DI 92 280
12005	12005	1 SECTION 487. IC 22-3-7-9, AS AMENDED BY P.L.160-2022,
12006	12006	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12007	12007	3 JULY 1, 2024]: Sec. 9. (a) As used in this chapter, "employer" includes
12008	12008	4 the state and any political subdivision, any municipal corporation
12009	12009	5 within the state, any individual or the legal representative of a deceased
12010	12010	6 individual, firm, association, limited liability company, limited liability
12011	12011	7 partnership, or corporation or the receiver or trustee of the same, using
12012	12012	8 the services of another for pay. A corporation, limited liability
12013	12013	9 company, or limited liability partnership that controls the activities of
12014	12014	10 another corporation, limited liability company, or limited liability
12015	12015	11 partnership, or a corporation and a limited liability company or a
12016	12016	12 corporation and a limited liability partnership that are commonly
12017	12017	13 owned entities, or the controlled corporation, limited liability company,
12018	12018	14 limited liability partnership, or commonly owned entities, and a parent
12019	12019	15 corporation and its subsidiaries shall each be considered joint
12020	12020	16 employers of the corporation's, the controlled corporation's, the limited
12021	12021	17 liability company's, the limited liability partnership's, the commonly
12022	12022	18 owned entities', the parent's, or the subsidiaries' employees for purposes
12023	12023	19 of sections 6 and 33 of this chapter. Both a lessor and a lessee of
12024	12024	20 employees shall each be considered joint employers of the employees
12025	12025	21 provided by the lessor to the lessee for purposes of sections 6 and 33
12026	12026	22 of this chapter. The term also includes an employer that provides
12027	12027	23 on-the-job training under the federal School to Work Opportunities Act
12028	12028	24 (20 U.S.C. 6101 et seq.) to the extent set forth under section 2.5 of this
12029	12029	25 chapter. If the employer is insured, the term includes the employer's
12030	12030	26 insurer so far as applicable. However, the inclusion of an employer's
12031	12031	27 insurer within this definition does not allow an employer's insurer to
12032	12032	28 avoid payment for services rendered to an employee with the approval
12033	12033	29 of the employer. The term does not include a nonprofit corporation that
12034	12034	30 is recognized as tax exempt under Section 501(c)(3) of the Internal
12035	12035	31 Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the
12036	12036	32 corporation enters into an independent contractor agreement with a
12037	12037	33 person for the performance of youth coaching services on a part-time
12038	12038	34 basis.
12039	12039	35 (b) As used in this chapter, "employee" means every person,
12040	12040	36 including a minor, in the service of another, under any contract of hire
12041	12041	37 or apprenticeship written or implied, except one whose employment is
12042	12042	38 both casual and not in the usual course of the trade, business,
12043	12043	39 occupation, or profession of the employer. For purposes of this chapter
12044	12044	40 the following apply:
12045	12045	41 (1) Any reference to an employee who has suffered disablement,
12046	12046	42 when the employee is dead, also includes the employee's legal
12047	12047	2024 IN 1267—LS 6912/DI 92 281
12048	12048	1 representative, dependents, and other persons to whom
12049	12049	2 compensation may be payable.
12050	12050	3 (2) An owner of a sole proprietorship may elect to include the
12051	12051	4 owner as an employee under this chapter if the owner is actually
12052	12052	5 engaged in the proprietorship business. If the owner makes this
12053	12053	6 election, the owner must serve upon the owner's insurance carrier
12054	12054	7 and upon the board written notice of the election. No owner of a
12055	12055	8 sole proprietorship may be considered an employee under this
12056	12056	9 chapter unless the notice has been received. If the owner of a sole
12057	12057	10 proprietorship:
12058	12058	11 (A) is an independent contractor in the construction trades and
12059	12059	12 does not make the election provided under this subdivision,
12060	12060	13 the owner must obtain a certificate of exemption under section
12061	12061	14 34.5 of this chapter; or
12062	12062	15 (B) is an independent contractor and does not make the
12063	12063	16 election provided under this subdivision, the owner may obtain
12064	12064	17 a certificate of exemption under section 34.5 of this chapter.
12065	12065	18 (3) A partner in a partnership may elect to include the partner as
12066	12066	19 an employee under this chapter if the partner is actually engaged
12067	12067	20 in the partnership business. If a partner makes this election, the
12068	12068	21 partner must serve upon the partner's insurance carrier and upon
12069	12069	22 the board written notice of the election. No partner may be
12070	12070	23 considered an employee under this chapter until the notice has
12071	12071	24 been received. If a partner in a partnership:
12072	12072	25 (A) is an independent contractor in the construction trades and
12073	12073	26 does not make the election provided under this subdivision,
12074	12074	27 the partner must obtain a certificate of exemption under
12075	12075	28 section 34.5 of this chapter; or
12076	12076	29 (B) is an independent contractor and does not make the
12077	12077	30 election provided under this subdivision, the partner may
12078	12078	31 obtain a certificate of exemption under section 34.5 of this
12079	12079	32 chapter.
12080	12080	33 (4) Real estate professionals are not employees under this chapter
12081	12081	34 if:
12082	12082	35 (A) they are licensed real estate agents;
12083	12083	36 (B) substantially all their remuneration is directly related to
12084	12084	37 sales volume and not the number of hours worked; and
12085	12085	38 (C) they have written agreements with real estate brokers
12086	12086	39 stating that they are not to be treated as employees for tax
12087	12087	40 purposes.
12088	12088	41 (5) A person is an independent contractor in the construction
12089	12089	42 trades and not an employee under this chapter if the person is an
12090	12090	2024 IN 1267—LS 6912/DI 92 282
12091	12091	1 independent contractor under the guidelines of the United States
12092	12092	2 Internal Revenue Service.
12093	12093	3 (6) An owner-operator that provides a motor vehicle and the
12094	12094	4 services of a driver under a written contract that is subject to
12095	12095	5 IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor
12096	12096	6 carrier is not an employee of the motor carrier for purposes of this
12097	12097	7 chapter. The owner-operator may elect to be covered and have the
12098	12098	8 owner-operator's drivers covered under a worker's compensation
12099	12099	9 insurance policy or authorized self-insurance that insures the
12100	12100	10 motor carrier if the owner-operator pays the premiums as
12101	12101	11 requested by the motor carrier. An election by an owner-operator
12102	12102	12 under this subdivision does not terminate the independent
12103	12103	13 contractor status of the owner-operator for any purpose other than
12104	12104	14 the purpose of this subdivision.
12105	12105	15 (7) An unpaid participant under the federal School to Work
12106	12106	16 Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the
12107	12107	17 extent set forth under section 2.5 of this chapter.
12108	12108	18 (8) A person who enters into an independent contractor agreement
12109	12109	19 with a nonprofit corporation that is recognized as tax exempt
12110	12110	20 under Section 501(c)(3) of the Internal Revenue Code (as defined
12111	12111	21 in IC 6-3-1-11(a)) to perform youth coaching services on a
12112	12112	22 part-time basis is not an employee for purposes of this chapter.
12113	12113	23 (9) An officer of a corporation who is an employee of the
12114	12114	24 corporation under this chapter may elect not to be an employee of
12115	12115	25 the corporation under this chapter. An officer of a corporation
12116	12116	26 who is also an owner of any interest in the corporation may elect
12117	12117	27 not to be an employee of the corporation under this chapter. If an
12118	12118	28 officer makes this election, the officer must serve written notice
12119	12119	29 of the election on the corporation's insurance carrier and the
12120	12120	30 board. An officer of a corporation may not be considered to be
12121	12121	31 excluded as an employee under this chapter until the notice is
12122	12122	32 received by the insurance carrier and the board.
12123	12123	33 (10) An individual who is not an employee of the state or a
12124	12124	34 political subdivision is considered to be a temporary employee of
12125	12125	35 the state for purposes of this chapter while serving as a member
12126	12126	36 of a mobile support unit on duty for training, an exercise, or a
12127	12127	37 response, as set forth in IC 10-14-3-19(c)(2)(B).
12128	12128	38 (c) As used in this chapter, "minor" means an individual who has
12129	12129	39 not reached seventeen (17) years of age. A minor employee shall be
12130	12130	40 considered as being of full age for all purposes of this chapter.
12131	12131	41 However, if the employee is a minor who, at the time of the last
12132	12132	42 exposure, is employed, required, suffered, or permitted to work in
12133	12133	2024 IN 1267—LS 6912/DI 92 283
12134	12134	1 violation of the employment of minors laws of this state, the amount of
12135	12135	2 compensation and death benefits, as provided in this chapter, shall be
12136	12136	3 double the amount which would otherwise be recoverable. The
12137	12137	4 insurance carrier shall be liable on its policy for one-half (1/2) of the
12138	12138	5 compensation or benefits that may be payable on account of the
12139	12139	6 disability or death of the minor, and the employer shall be wholly liable
12140	12140	7 for the other one-half (1/2) of the compensation or benefits. If the
12141	12141	8 employee is a minor who is not less than sixteen (16) years of age and
12142	12142	9 who has not reached seventeen (17) years of age, and who at the time
12143	12143	10 of the last exposure is employed, suffered, or permitted to work at any
12144	12144	11 occupation which is not prohibited by law, the provisions of this
12145	12145	12 subsection prescribing double the amount otherwise recoverable do not
12146	12146	13 apply. The rights and remedies granted to a minor under this chapter on
12147	12147	14 account of disease shall exclude all rights and remedies of the minor,
12148	12148	15 the minor's parents, the minor's personal representatives, dependents,
12149	12149	16 or next of kin at common law, statutory or otherwise, on account of any
12150	12150	17 disease.
12151	12151	18 (d) This chapter does not apply to casual laborers as defined in
12152	12152	19 subsection (b), nor to farm or agricultural employees, nor to household
12153	12153	20 employees, nor to railroad employees engaged in train service as
12154	12154	21 engineers, firemen, stokers, conductors, brakemen, flagmen,
12155	12155	22 baggagemen, or foremen brake persons, flaggers, baggage handlers,
12156	12156	23 or supervisors in charge of yard engines and helpers assigned thereto,
12157	12157	24 nor to their employers with respect to these employees. Also, this
12158	12158	25 chapter does not apply to employees or their employers with respect to
12159	12159	26 employments in which the laws of the United States provide for
12160	12160	27 compensation or liability for injury to the health, disability, or death by
12161	12161	28 reason of diseases suffered by these employees.
12162	12162	29 (e) As used in this chapter, "disablement" means the event of
12163	12163	30 becoming disabled from earning full wages at the work in which the
12164	12164	31 employee was engaged when last exposed to the hazards of the
12165	12165	32 occupational disease by the employer from whom the employee claims
12166	12166	33 compensation or equal wages in other suitable employment, and
12167	12167	34 "disability" means the state of being so incapacitated.
12168	12168	35 (f) For the purposes of this chapter, no compensation shall be
12169	12169	36 payable for or on account of any occupational diseases unless
12170	12170	37 disablement, as defined in subsection (e), occurs within two (2) years
12171	12171	38 after the last day of the last exposure to the hazards of the disease
12172	12172	39 except for the following:
12173	12173	40 (1) In all cases of occupational diseases caused by the inhalation
12174	12174	41 of silica dust or coal dust, no compensation shall be payable
12175	12175	42 unless disablement, as defined in subsection (e), occurs within
12176	12176	2024 IN 1267—LS 6912/DI 92 284
12177	12177	1 three (3) years after the last day of the last exposure to the hazards
12178	12178	2 of the disease.
12179	12179	3 (2) In all cases of occupational disease caused by the exposure to
12180	12180	4 radiation, no compensation shall be payable unless disablement,
12181	12181	5 as defined in subsection (e), occurs within two (2) years from the
12182	12182	6 date on which the employee had knowledge of the nature of the
12183	12183	7 employee's occupational disease or, by exercise of reasonable
12184	12184	8 diligence, should have known of the existence of such disease and
12185	12185	9 its causal relationship to the employee's employment.
12186	12186	10 (3) In all cases of occupational diseases caused by the inhalation
12187	12187	11 of asbestos dust, no compensation shall be payable unless
12188	12188	12 disablement, as defined in subsection (e), occurs within three (3)
12189	12189	13 years after the last day of the last exposure to the hazards of the
12190	12190	14 disease if the last day of the last exposure was before July 1, 1985.
12191	12191	15 (4) In all cases of occupational disease caused by the inhalation
12192	12192	16 of asbestos dust in which the last date of the last exposure occurs
12193	12193	17 on or after July 1, 1985, and before July 1, 1988, no compensation
12194	12194	18 shall be payable unless disablement, as defined in subsection (e),
12195	12195	19 occurs within twenty (20) years after the last day of the last
12196	12196	20 exposure.
12197	12197	21 (5) In all cases of occupational disease caused by the inhalation
12198	12198	22 of asbestos dust in which the last date of the last exposure occurs
12199	12199	23 on or after July 1, 1988, no compensation shall be payable unless
12200	12200	24 disablement (as defined in subsection (e)) occurs within
12201	12201	25 thirty-five (35) years after the last day of the last exposure.
12202	12202	26 (g) For the purposes of this chapter, no compensation shall be
12203	12203	27 payable for or on account of death resulting from any occupational
12204	12204	28 disease unless death occurs within two (2) years after the date of
12205	12205	29 disablement. However, this subsection does not bar compensation for
12206	12206	30 death:
12207	12207	31 (1) where death occurs during the pendency of a claim filed by an
12208	12208	32 employee within two (2) years after the date of disablement and
12209	12209	33 which claim has not resulted in a decision or has resulted in a
12210	12210	34 decision which is in process of review or appeal; or
12211	12211	35 (2) where, by agreement filed or decision rendered, a
12212	12212	36 compensable period of disability has been fixed and death occurs
12213	12213	37 within two (2) years after the end of such fixed period, but in no
12214	12214	38 event later than three hundred (300) weeks after the date of
12215	12215	39 disablement.
12216	12216	40 (h) As used in this chapter, "billing review service" refers to a
12217	12217	41 person or an entity that reviews a medical service provider's bills or
12218	12218	42 statements for the purpose of determining pecuniary liability. The term
12219	12219	2024 IN 1267—LS 6912/DI 92 285
12220	12220	1 includes an employer's worker's compensation insurance carrier if the
12221	12221	2 insurance carrier performs such a review.
12222	12222	3 (i) As used in this chapter, "billing review standard" means the data
12223	12223	4 used by a billing review service to determine pecuniary liability.
12224	12224	5 (j) As used in this chapter, "community" means a geographic service
12225	12225	6 area based on ZIP code districts defined by the United States Postal
12226	12226	7 Service according to the following groupings:
12227	12227	8 (1) The geographic service area served by ZIP codes with the first
12228	12228	9 three (3) digits 463 and 464.
12229	12229	10 (2) The geographic service area served by ZIP codes with the first
12230	12230	11 three (3) digits 465 and 466.
12231	12231	12 (3) The geographic service area served by ZIP codes with the first
12232	12232	13 three (3) digits 467 and 468.
12233	12233	14 (4) The geographic service area served by ZIP codes with the first
12234	12234	15 three (3) digits 469 and 479.
12235	12235	16 (5) The geographic service area served by ZIP codes with the first
12236	12236	17 three (3) digits 460, 461 (except 46107), and 473.
12237	12237	18 (6) The geographic service area served by the 46107 ZIP code and
12238	12238	19 ZIP codes with the first three (3) digits 462.
12239	12239	20 (7) The geographic service area served by ZIP codes with the first
12240	12240	21 three (3) digits 470, 471, 472, 474, and 478.
12241	12241	22 (8) The geographic service area served by ZIP codes with the first
12242	12242	23 three (3) digits 475, 476, and 477.
12243	12243	24 (k) As used in this chapter, "medical service provider" refers to a
12244	12244	25 person or an entity that provides services or products to an employee
12245	12245	26 under this chapter. Except as otherwise provided in this chapter, the
12246	12246	27 term includes a medical service facility.
12247	12247	28 (l) As used in this chapter, "medical service facility" means any of
12248	12248	29 the following that provides a service or product under this chapter and
12249	12249	30 uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500)
12250	12250	31 form for Medicare reimbursement:
12251	12251	32 (1) An ambulatory outpatient surgical center (as defined in
12252	12252	33 IC 16-18-2-14).
12253	12253	34 (2) A hospital (as defined in IC 16-18-2-179).
12254	12254	35 (3) A hospital based health facility (as defined in
12255	12255	36 IC 16-18-2-180).
12256	12256	37 (4) A medical center (as defined in IC 16-18-2-223.4).
12257	12257	38 (m) As used in this chapter, "pecuniary liability" means the
12258	12258	39 responsibility of an employer or the employer's insurance carrier for the
12259	12259	40 payment of the charges for each specific service or product for human
12260	12260	41 medical treatment provided under this chapter as follows:
12261	12261	42 (1) This subdivision applies before July 1, 2014, to all medical
12262	12262	2024 IN 1267—LS 6912/DI 92 286
12263	12263	1 service providers, and after June 30, 2014, to a medical service
12264	12264	2 provider that is not a medical service facility. Payment of the
12265	12265	3 charges in a defined community, equal to or less than the charges
12266	12266	4 made by medical service providers at the eightieth percentile in
12267	12267	5 the same community for like services or products.
12268	12268	6 (2) Payment of the charges in a reasonable amount, which is
12269	12269	7 established by payment of one (1) of the following:
12270	12270	8 (A) The amount negotiated at any time between the medical
12271	12271	9 service facility and any of the following, if an amount has been
12272	12272	10 negotiated:
12273	12273	11 (i) The employer.
12274	12274	12 (ii) The employer's insurance carrier.
12275	12275	13 (iii) A billing review service on behalf of a person described
12276	12276	14 in item (i) or (ii).
12277	12277	15 (iv) A direct provider network that has contracted with a
12278	12278	16 person described in item (i) or (ii).
12279	12279	17 (B) Two hundred percent (200%) of the amount that would be
12280	12280	18 paid to the medical service facility on the same date for the
12281	12281	19 same service or product under the medical service facility's
12282	12282	20 Medicare reimbursement rate, if, after conducting the
12283	12283	21 negotiations described in clause (A), an agreement has not
12284	12284	22 been reached.
12285	12285	23 (n) "Service or product" or "services and products" refers to
12286	12286	24 medical, hospital, surgical, or nursing service, treatment, and supplies
12287	12287	25 provided under this chapter.
12288	12288	26 SECTION 488. IC 22-3-7-22 IS AMENDED TO READ AS
12289	12289	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) The members
12290	12290	28 of the board and its assistants shall be entitled to receive from the state
12291	12291	29 their actual and necessary expenses while traveling on the business of
12292	12292	30 the board, but such expenses shall be sworn to by the person who
12293	12293	31 incurred the same, and shall be approved by the chairman chairperson
12294	12294	32 of the board before payment is made. All expenses of the board in
12295	12295	33 connection with this chapter shall be audited and paid out of the state
12296	12296	34 treasury in the manner prescribed for similar expenses in other
12297	12297	35 departments or branches of the state service.
12298	12298	36 (b) The board shall be provided with adequate offices in the capitol
12299	12299	37 or some other suitable building in the city of Indianapolis in which the
12300	12300	38 records shall be kept and its official business be transacted during
12301	12301	39 regular business hours. It shall also be provided with necessary office
12302	12302	40 furniture, stationery, and other supplies. The board or any member
12303	12303	41 thereof may hold sessions at any place within the state as may be
12304	12304	42 deemed necessary.
12305	12305	2024 IN 1267—LS 6912/DI 92 287
12306	12306	1 SECTION 489. IC 22-3-7-32, AS AMENDED BY P.L.99-2007,
12307	12307	2 SECTION 184, IS AMENDED TO READ AS FOLLOWS
12308	12308	3 [EFFECTIVE JULY 1, 2024]: Sec. 32. (a) No proceedings for
12309	12309	4 compensation under this chapter shall be maintained unless notice has
12310	12310	5 been given to the employer of disablement arising from an occupational
12311	12311	6 disease as soon as practicable after the date of disablement. No defect
12312	12312	7 or inaccuracy of such notices shall be a bar to compensation unless the
12313	12313	8 employer proves that he the employer is unduly prejudiced in such
12314	12314	9 proceedings by such defect or inaccuracy.
12315	12315	10 (b) The notice provided for in subsection (a) shall state the name
12316	12316	11 and address of the employee and the nature and cause of the
12317	12317	12 occupational disease and disablement or death therefrom, and shall be
12318	12318	13 signed by the employee with a disability or by someone in the
12319	12319	14 employee's behalf, or by one (1) or more of the dependents, in case of
12320	12320	15 death, or by some person in their behalf. Such notice may be served
12321	12321	16 personally upon the employer or upon any foreman, supervisor,
12322	12322	17 superintendent, or manager of the employer to whose orders the
12323	12323	18 employee with a disability or deceased employee was required to
12324	12324	19 conform or upon any agent of the employer upon whom a summons in
12325	12325	20 a civil action may be served under the laws of the state or may be sent
12326	12326	21 to the employer by registered letter, addressed to the employer's last
12327	12327	22 known residence or place of business.
12328	12328	23 (c) No proceedings by an employee for compensation under this
12329	12329	24 chapter shall be maintained unless claim for compensation shall be
12330	12330	25 filed by the employee with the worker's compensation board within two
12331	12331	26 (2) years after the date of the disablement.
12332	12332	27 (d) No proceedings by dependents of a deceased employee for
12333	12333	28 compensation for death under this chapter shall be maintained unless
12334	12334	29 claim for compensation shall be filed by the dependents with the
12335	12335	30 worker's compensation board within two (2) years after the date of
12336	12336	31 death.
12337	12337	32 (e) No limitation of time provided in this chapter shall run against
12338	12338	33 any person who is mentally incompetent or a minor dependent, so long
12339	12339	34 as the person has no guardian or trustee.
12340	12340	35 SECTION 490. IC 22-3-9-5 IS AMENDED TO READ AS
12341	12341	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Any contract, rule,
12342	12342	37 regulation, bylaw, or device whatsoever, the purpose, intent, or effect
12343	12343	38 of which would be to enable any employer to exempt himself or itself
12344	12344	39 the employer from any liability created by this chapter, shall to that
12345	12345	40 extent be void; provided, that in any action brought against any such
12346	12346	41 employer under or by virtue of any of the provisions of this chapter,
12347	12347	42 such employer may set off therein by special plea any sum such
12348	12348	2024 IN 1267—LS 6912/DI 92 288
12349	12349	1 employer has contributed or paid to any insurance, relief benefit, or
12350	12350	2 indemnity for and on behalf of such injured employee that may have
12351	12351	3 been paid to him the injured employee or to the person entitled thereto
12352	12352	4 on account of the injury or death for which said action is brought, but
12353	12353	5 in no event shall the amount of such setoff exceed the amount paid to
12354	12354	6 such employee or other person entitled thereto out of such insurance,
12355	12355	7 relief benefit, or indemnity fund.
12356	12356	8 SECTION 491. IC 22-4-17-5, AS AMENDED BY P.L.136-2018,
12357	12357	9 SECTION 113, IS AMENDED TO READ AS FOLLOWS
12358	12358	10 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint a
12359	12359	11 review board composed of three (3) members, not more than two (2) of
12360	12360	12 whom shall be members of the same political party, with salaries to be
12361	12361	13 fixed by the governor. The review board shall consist of the chairman
12362	12362	14 chairperson and the two (2) members who shall serve for terms of
12363	12363	15 three (3) years. At least one (1) member must be admitted to the
12364	12364	16 practice of law in Indiana.
12365	12365	17 (b) Any claim pending before an administrative law judge, and all
12366	12366	18 proceedings arising from that claim, may be transferred to and
12367	12367	19 determined by the review board upon its own motion, at any time
12368	12368	20 before the administrative law judge announces a decision. If the review
12369	12369	21 board considers it advisable to procure additional evidence, it may
12370	12370	22 direct the taking of additional evidence within a time period it shall fix.
12371	12371	23 An employer that is a party to a claim transferred to the review board
12372	12372	24 under this subsection is entitled to receive notice in accordance with
12373	12373	25 section 6 of this chapter of the transfer or any other action to be taken
12374	12374	26 under this section before a determination is made or other action
12375	12375	27 concerning the claim is taken.
12376	12376	28 (c) Any proceeding so removed to the review board shall be heard
12377	12377	29 by a quorum of the review board in accordance with the requirements
12378	12378	30 of section 3 of this chapter. The review board shall notify the parties to
12379	12379	31 any claim of its decision, together with its reasons for the decision.
12380	12380	32 (d) Members of the review board, when acting as administrative law
12381	12381	33 judges, are subject to section 15 of this chapter.
12382	12382	34 (e) The review board may on the board's own motion affirm, modify,
12383	12383	35 set aside, remand, or reverse the findings, conclusions, or orders of an
12384	12384	36 administrative law judge on the basis of any of the following:
12385	12385	37 (1) Evidence previously submitted to the administrative law
12386	12386	38 judge.
12387	12387	39 (2) The record of the proceeding after the taking of additional
12388	12388	40 evidence as directed by the review board.
12389	12389	41 (3) A procedural error by the administrative law judge.
12390	12390	42 SECTION 492. IC 22-4-17-12 IS AMENDED TO READ AS
12391	12391	2024 IN 1267—LS 6912/DI 92 289
12392	12392	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Any decision of
12393	12393	2 the review board shall be conclusive and binding as to all questions of
12394	12394	3 fact. Either party to the dispute or the commissioner may, within thirty
12395	12395	4 (30) days after notice of intention to appeal as provided in this section,
12396	12396	5 appeal the decision to the court of appeals of Indiana for errors of law
12397	12397	6 under the same terms and conditions as govern appeals in ordinary civil
12398	12398	7 actions.
12399	12399	8 (b) In every appeal the review board shall be made a party appellee,
12400	12400	9 and the review board shall, at the written request of the appellant and
12401	12401	10 after payment of the uniform average fee required in subsection (c) is
12402	12402	11 made, prepare a transcript of all the proceedings had before the
12403	12403	12 administrative law judge and review board, which shall contain a
12404	12404	13 transcript of all the testimony, together with all objections and rulings
12405	12405	14 thereon, documents and papers introduced into evidence or offered as
12406	12406	15 evidence, and all rulings as to their admission into evidence. The
12407	12407	16 transcript shall be certified by the chairman chairperson of the review
12408	12408	17 board and shall constitute the record upon appeal.
12409	12409	18 (c) All expenses incurred in the preparation of the transcript shall
12410	12410	19 be charged to the appellant. The fee for a transcript shall be the actual
12411	12411	20 cost of preparation that may include the cost of materials, reproduction,
12412	12412	21 postage, handling, and hours of service rendered by the preparer. The
12413	12413	22 commissioner shall establish a uniform average fee to be paid by the
12414	12414	23 appellant before the transcript is prepared. After the transcript is
12415	12415	24 completed, the actual cost shall be determined and the appellant shall
12416	12416	25 either pay the amount remaining above the uniform average fee or be
12417	12417	26 refunded the amount the uniform average fee exceeds the actual cost
12418	12418	27 of preparation. The commissioner shall establish the procedure by
12419	12419	28 which transcript fees are determined and paid.
12420	12420	29 (d) Notwithstanding subsections (b) and (c), the appellant may
12421	12421	30 request that a transcript of all proceedings had before the
12422	12422	31 administrative law judge and review board be prepared at no cost to the
12423	12423	32 appellant by filing with the review board, under oath and in writing, a
12424	12424	33 statement:
12425	12425	34 (1) declaring that the appellant is unable to pay for the preparation
12426	12426	35 of the transcript because of the appellant's poverty;
12427	12427	36 (2) setting forth the facts that render the appellant unable to pay
12428	12428	37 for the preparation of the transcript; and
12429	12429	38 (3) declaring that the appellant is entitled to redress on appeal.
12430	12430	39 Upon finding that the appellant is unable to pay for the preparation of
12431	12431	40 the transcript because of the appellant's poverty, the review board shall
12432	12432	41 prepare a transcript at no cost to the appellant.
12433	12433	42 (e) The review board may, upon its own motion, or at the request of
12434	12434	2024 IN 1267—LS 6912/DI 92 290
12435	12435	1 either party upon a showing of sufficient reason, extend the limit within
12436	12436	2 which the appeal shall be taken, not to exceed fifteen (15) days. In
12437	12437	3 every case in which an extension is granted, the extension shall appear
12438	12438	4 in the record of the proceeding filed in the court of appeals.
12439	12439	5 (f) The appellant shall attach to the transcript an assignment of
12440	12440	6 errors. An assignment of errors that the decision of the review board is
12441	12441	7 contrary to law shall be sufficient to present both the sufficiency of the
12442	12442	8 facts found to sustain the decision and the sufficiency of the evidence
12443	12443	9 to sustain the findings of facts. In any appeal under this section, no
12444	12444	10 bond shall be required for entering the appeal.
12445	12445	11 (g) All appeals shall be considered as submitted upon the date filed
12446	12446	12 in the court of appeals, shall be advanced upon the docket of the court,
12447	12447	13 and shall be determined without delay in the order of priority. Upon the
12448	12448	14 final determination of the appeal, the review board shall enter an order
12449	12449	15 in accordance with the determination, and the decision shall be final.
12450	12450	16 The court of appeals may in any appeal remand the proceeding to the
12451	12451	17 review board for the taking of additional evidence, setting time limits
12452	12452	18 therefor, and ordering the additional evidence to be certified by the
12453	12453	19 review board to the court of appeals to be used in the determination of
12454	12454	20 the cause.
12455	12455	21 (h) Any finding of fact, judgment, conclusion, or final order made
12456	12456	22 by a person with the authority to make findings of fact or law in an
12457	12457	23 action or proceeding under this article is not conclusive or binding and
12458	12458	24 shall not be used as evidence in a separate or subsequent action or
12459	12459	25 proceeding between an individual and the individual's present or prior
12460	12460	26 employer in an action or proceeding brought before an arbitrator, a
12461	12461	27 court, or a judge of this state or the United States regardless of whether
12462	12462	28 the prior action was between the same or related parties or involved the
12463	12463	29 same facts.
12464	12464	30 SECTION 493. IC 22-4.1-18-3, AS AMENDED BY P.L.86-2020,
12465	12465	31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12466	12466	32 JULY 1, 2024]: Sec. 3. (a) The department shall administer the testing
12467	12467	33 program provided in this chapter. All administrative costs of this
12468	12468	34 program must be funded through appropriations of the general
12469	12469	35 assembly.
12470	12470	36 (b) The test shall be:
12471	12471	37 (1) a nationally administered high school equivalency exam
12472	12472	38 utilizing college and career readiness standards that includes
12473	12473	39 subtests of reading, mathematics, science, social studies, and
12474	12474	40 writing; and
12475	12475	41 (2) available in a pencil and paper and online formats.
12476	12476	42 (c) The test vendor shall provide:
12477	12477	2024 IN 1267—LS 6912/DI 92 291
12478	12478	1 (1) annual in-person and online training;
12479	12479	2 (2) an annual national and Indiana statistical report;
12480	12480	3 (3) a dedicated customer service line;
12481	12481	4 (4) at least one (1) practice test available in both pencil and paper
12482	12482	5 and online formats;
12483	12483	6 (5) at least two (2) retests for each subtest, free of charge; and
12484	12484	7 (6) a nationally based research report on the long term outcomes
12485	12485	8 for candidates who passed the test, which shall be presented to the
12486	12486	9 department, governor's workforce cabinet, the chairman
12487	12487	10 chairperson of the house committee on education, and the
12488	12488	11 chairman chairperson of the senate committee on education and
12489	12489	12 career development.
12490	12490	13 SECTION 494. IC 22-5-1-4 IS AMENDED TO READ AS
12491	12491	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Nothing in this
12492	12492	15 chapter shall be so construed as to prevent any citizen or subject of any
12493	12493	16 foreign country temporarily residing in the United States either in a
12494	12494	17 private or official capacity from engaging, under contract or otherwise,
12495	12495	18 persons not residents or citizens of the United States to act as private
12496	12496	19 secretaries, servants, or domestics for such foreigner temporarily
12497	12497	20 residing in the United States, nor shall this chapter be so construed as
12498	12498	21 to prevent any person or persons, partnership, limited liability
12499	12499	22 company, or corporation from engaging, under contract or agreement,
12500	12500	23 skilled workmen workers in foreign countries to perform labor in the
12501	12501	24 state of Indiana in or upon any new industry not at present established
12502	12502	25 in the state, provided that skilled labor for that purpose cannot
12503	12503	26 otherwise be obtained; nor shall the provisions of this chapter apply to
12504	12504	27 professional actors, artists, lecturers, or singers, nor to persons
12505	12505	28 employed strictly as personal or domestic servants; however, nothing
12506	12506	29 in this chapter shall be construed as prohibiting any individual from
12507	12507	30 assisting any member of his the individual's family or relative or
12508	12508	31 personal friend to migrate from any foreign country to the state for the
12509	12509	32 purpose of settlement here.
12510	12510	33 SECTION 495. IC 22-8-1.1-10 IS AMENDED TO READ AS
12511	12511	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The commission
12512	12512	35 shall meet annually at the call of the commissioner and elect a
12513	12513	36 chairman chairperson and such other officers as they deem
12514	12514	37 appropriate.
12515	12515	38 SECTION 496. IC 22-8-1.1-13, AS AMENDED BY P.L.113-2014,
12516	12516	39 SECTION 116, IS AMENDED TO READ AS FOLLOWS
12517	12517	40 [EFFECTIVE JULY 1, 2024]: Sec. 13. The commission shall meet at
12518	12518	41 the call of the commissioner or the chairman chairperson or upon the
12519	12519	42 written request of any four (4) members. However, the commission
12520	12520	2024 IN 1267—LS 6912/DI 92 292
12521	12521	1 shall meet at least one (1) time per year at the call of the commissioner
12522	12522	2 to conduct the business that comes before the commission.
12523	12523	3 SECTION 497. IC 22-8-1.1-31 IS AMENDED TO READ AS
12524	12524	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. Board:
12525	12525	5 membership. The board shall consist of five (5) members, all of whom
12526	12526	6 shall be residents of Indiana and shall be appointed by the governor as
12527	12527	7 follows:
12528	12528	8 (1) Two (2) of the members shall be drawn from backgrounds
12529	12529	9 with labor organizations but not more than one (1) of them shall
12530	12530	10 be from the same international union. and
12531	12531	11 (2) Two (2) of the members shall be drawn from backgrounds
12532	12532	12 with employers.
12533	12533	13 (3) The chairman chairperson of the board shall be the fifth
12534	12534	14 member and shall be selected from the highest membership
12535	12535	15 classification of the American Society of Safety Engineers.
12536	12536	16 SECTION 498. IC 22-8-1.1-32.1 IS AMENDED TO READ AS
12537	12537	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32.1. Board: Terms.
12538	12538	18 Members of the board shall be appointed for terms of four (4) years,
12539	12539	19 and until their successors are appointed and qualified. Of the members
12540	12540	20 first appointed, the members appointed who are drawn from those who
12541	12541	21 have backgrounds with management shall be appointed to terms so that
12542	12542	22 in every other year the term of one (1) or the other of them ends; and
12543	12543	23 the members who are drawn from those who have backgrounds with
12544	12544	24 labor organizations shall be appointed so that every other year the term
12545	12545	25 of one (1) or the other of them ends. The first chairman chairperson
12546	12546	26 of the board shall have a four (4) year term. Vacancies shall be filled
12547	12547	27 in the same manner as the original appointments, except that a vacancy
12548	12548	28 occurring during the term of office shall be filled by appointment of the
12549	12549	29 governor for the unexpired term.
12550	12550	30 SECTION 499. IC 22-8-1.1-35 IS AMENDED TO READ AS
12551	12551	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. (a) Each member
12552	12552	32 of the board who is not a state employee is entitled to the minimum
12553	12553	33 salary per diem provided by IC 4-10-11-2.1(b). Such a member is also
12554	12554	34 entitled to reimbursement for traveling expenses and other expenses
12555	12555	35 actually incurred in connection with the member's duties, as provided
12556	12556	36 in the state travel policies and procedures established by the
12557	12557	37 department of administration and approved by the budget agency.
12558	12558	38 (b) The board shall meet on the call of the chairman. chairperson.
12559	12559	39 SECTION 500. IC 22-9-1-5, AS AMENDED BY P.L.86-2018,
12560	12560	40 SECTION 192, IS AMENDED TO READ AS FOLLOWS
12561	12561	41 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The members of the
12562	12562	42 Commission shall be appointed within thirty (30) days after the
12563	12563	2024 IN 1267—LS 6912/DI 92 293
12564	12564	1 effective date of this chapter and the first meeting thereof shall be
12565	12565	2 called by the member first appointed within sixty (60) days after the
12566	12566	3 effective date of this chapter.
12567	12567	4 (b) At its first meeting and at each annual meeting held thereafter,
12568	12568	5 the Commission shall organize by the election of a chairman
12569	12569	6 chairperson and vice chairman chairperson from its membership,
12570	12570	7 each of whom, except those first elected, shall serve for a term of one
12571	12571	8 (1) year and until his successor is elected.
12572	12572	9 (c) The Commission shall hold one (1) regular meeting each month,
12573	12573	10 and such called meetings as its chairman chairperson may deem to be
12574	12574	11 necessary. The April meeting shall be the annual meeting.
12575	12575	12 SECTION 501. IC 22-9-1-6, AS AMENDED BY P.L.205-2019,
12576	12576	13 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12577	12577	14 JULY 1, 2024]: Sec. 6. (a) The commission shall establish and
12578	12578	15 maintain a permanent office in the city of Indianapolis.
12579	12579	16 (b) Except as it concerns judicial review, the commission may adopt
12580	12580	17 rules under IC 4-22-2 to implement this chapter.
12581	12581	18 (c) The commission shall formulate policies to effectuate the
12582	12582	19 purposes of this chapter and make recommendations to agencies and
12583	12583	20 officers of the state or local subdivisions thereof to effectuate such
12584	12584	21 policies. The several departments, commissions, divisions, authorities,
12585	12585	22 boards, bureaus, agencies, and officers of the state or any political
12586	12586	23 subdivision or agency thereof shall furnish the commission, upon its
12587	12587	24 request, all records, papers, and information in their possession relating
12588	12588	25 to any matter before the commission.
12589	12589	26 (d) The commission shall receive and investigate complaints
12590	12590	27 alleging discriminatory practices. The commission shall not hold
12591	12591	28 hearings in the absence of a complaint. All investigations of complaints
12592	12592	29 shall be conducted by staff members of the civil rights commission or
12593	12593	30 their agents.
12594	12594	31 (e) The commission may create such advisory agencies and
12595	12595	32 conciliation councils, local or statewide, as will aid in effectuating the
12596	12596	33 purposes of this chapter. The commission may itself, or it may
12597	12597	34 empower these agencies and councils to:
12598	12598	35 (1) study the problems of discrimination in the areas covered by
12599	12599	36 section 2 of this chapter when based on race, religion, color, sex,
12600	12600	37 handicap, national origin, or ancestry; and
12601	12601	38 (2) foster through community effort, or otherwise, good will
12602	12602	39 among the groups and elements of the population of the state.
12603	12603	40 These agencies and councils may make recommendation to the
12604	12604	41 commission for the development of policies and procedures in general.
12605	12605	42 Advisory agencies and conciliation councils created by the commission
12606	12606	2024 IN 1267—LS 6912/DI 92 294
12607	12607	1 shall be composed of representative citizens serving without pay, but
12608	12608	2 with reimbursement for reasonable and necessary actual expenses.
12609	12609	3 (f) The commission may issue such publications and such results of
12610	12610	4 investigations and research as in its judgment will tend to promote
12611	12611	5 good will and minimize or eliminate discrimination because of race,
12612	12612	6 religion, color, sex, handicap, national origin, or ancestry.
12613	12613	7 (g) The commission shall prevent any person from discharging,
12614	12614	8 expelling, or otherwise discriminating against any other person because
12615	12615	9 the person filed a complaint, testified in any hearing before this
12616	12616	10 commission, or in any way assisted the commission in any matter under
12617	12617	11 its investigation.
12618	12618	12 (h) The commission may hold hearings, subpoena witnesses, compel
12619	12619	13 their attendance, administer oaths, take the testimony of any person
12620	12620	14 under oath, and require the production for examination of any books
12621	12621	15 and papers relating to any matter under investigation or in question
12622	12622	16 before the commission. The commission may make rules as to the
12623	12623	17 issuance of subpoenas by individual commissioners. Contumacy or
12624	12624	18 refusal to obey a subpoena issued under this section shall constitute a
12625	12625	19 contempt. All hearings shall be held within Indiana at a location
12626	12626	20 determined by the commission. A citation of contempt may be issued
12627	12627	21 upon application by the commission to the circuit or superior court in
12628	12628	22 the county in which the hearing is held or in which the witness resides
12629	12629	23 or transacts business.
12630	12630	24 (i) The commission may:
12631	12631	25 (1) before July 1, 2020, appoint administrative law judges other
12632	12632	26 than commissioners; and
12633	12633	27 (2) after June 30, 2020, request assignment of an administrative
12634	12634	28 law judge (as defined in IC 4-21.5-1-2);
12635	12635	29 when an appointment is deemed necessary by a majority of the
12636	12636	30 commission. The administrative law judges shall be members in good
12637	12637	31 standing before the bar of Indiana and shall be appointed by the
12638	12638	32 chairman chairperson of the commission. An administrative law judge
12639	12639	33 appointed under this subsection shall have the same powers and duties
12640	12640	34 as a commissioner sitting as an administrative law judge. However, the
12641	12641	35 administrative law judge may not issue subpoenas.
12642	12642	36 (j) The commission shall state its findings of fact after a hearing
12643	12643	37 and, if the commission finds a person has engaged in an unlawful
12644	12644	38 discriminatory practice, shall cause to be served on this person an order
12645	12645	39 requiring the person to cease and desist from the unlawful
12646	12646	40 discriminatory practice and requiring the person to take further
12647	12647	41 affirmative action as will effectuate the purposes of this chapter,
12648	12648	42 including but not limited to the power:
12649	12649	2024 IN 1267—LS 6912/DI 92 295
12650	12650	1 (1) to restore the complainant's losses incurred as a result of
12651	12651	2 discriminatory treatment, as the commission may deem necessary
12652	12652	3 to assure justice; however, except in discriminatory practices
12653	12653	4 involving veterans, this specific provision when applied to orders
12654	12654	5 pertaining to employment shall include only wages, salary, or
12655	12655	6 commissions;
12656	12656	7 (2) to require the posting of notice setting forth the public policy
12657	12657	8 of Indiana concerning civil rights and the respondent's compliance
12658	12658	9 with the policy in places of public accommodations;
12659	12659	10 (3) to require proof of compliance to be filed by the respondent at
12660	12660	11 periodic intervals; and
12661	12661	12 (4) to require a person who has been found to be in violation of
12662	12662	13 this chapter and who is licensed by a state agency authorized to
12663	12663	14 grant a license to show cause to the licensing agency why the
12664	12664	15 person's license should not be revoked or suspended.
12665	12665	16 When an employer has been found to have committed a discriminatory
12666	12666	17 practice in employment by failing to employ an applicant on the basis
12667	12667	18 that the applicant is a veteran, the order to restore the veteran's losses
12668	12668	19 may include placing the veteran in the employment position with the
12669	12669	20 employer for which the veteran applied.
12670	12670	21 (k) Judicial review of a cease and desist order or other affirmative
12671	12671	22 action as referred to in this chapter may be obtained under IC 22-9-8.
12672	12672	23 If no proceeding to obtain judicial review is instituted within thirty (30)
12673	12673	24 days from receipt of notice by a person that an order has been made by
12674	12674	25 the commission, the commission, if it determines that the person upon
12675	12675	26 whom the cease and desist order has been served is not complying or
12676	12676	27 is making no effort to comply, may obtain a decree of a court for the
12677	12677	28 enforcement of the order in circuit or superior court upon showing that
12678	12678	29 the person is subject to the commission's jurisdiction and resides or
12679	12679	30 transacts business within the county in which the petition for
12680	12680	31 enforcement is brought.
12681	12681	32 (l) If, upon all the evidence, the commission shall find that a person
12682	12682	33 has not engaged in any unlawful practice or violation of this chapter,
12683	12683	34 the commission shall state its findings of facts and shall issue and
12684	12684	35 cause to be served on the complainant an order dismissing the
12685	12685	36 complaint as to the person.
12686	12686	37 (m) The commission may furnish technical assistance requested by
12687	12687	38 persons subject to this chapter to further compliance with this chapter
12688	12688	39 or with an order issued under this chapter.
12689	12689	40 (n) The commission shall promote the creation of local civil rights
12690	12690	41 agencies to cooperate with individuals, neighborhood associations, and
12691	12691	42 state, local, and other agencies, both public and private, including
12692	12692	2024 IN 1267—LS 6912/DI 92 296
12693	12693	1 agencies of the federal government and of other states.
12694	12694	2 (o) The commission may reduce the terms of conciliation agreed to
12695	12695	3 by the parties to writing (to be called a consent agreement) that the
12696	12696	4 parties and a majority of the commissioners shall sign. When signed,
12697	12697	5 the consent agreement shall have the same effect as a cease and desist
12698	12698	6 order issued under subsection (j). If the commission determines that a
12699	12699	7 party to the consent agreement is not complying with it, the
12700	12700	8 commission may obtain enforcement of the consent agreement in a
12701	12701	9 circuit or superior court upon showing that the party is not complying
12702	12702	10 with the consent agreement and the party is subject to the commission's
12703	12703	11 jurisdiction and resides or transacts business within the county in
12704	12704	12 which the petition for enforcement is brought.
12705	12705	13 (p) In lieu of investigating a complaint and holding a hearing under
12706	12706	14 this section, the commission may issue an order based on findings and
12707	12707	15 determinations by the federal Department of Housing and Urban
12708	12708	16 Development or the federal Equal Employment Opportunity
12709	12709	17 Commission concerning a complaint that has been filed with one (1) of
12710	12710	18 these federal agencies and with the commission. The commission shall
12711	12711	19 adopt by rule standards under which the commission may issue such an
12712	12712	20 order.
12713	12713	21 (q) Upon notice that a complaint is the subject of an action in a
12714	12714	22 federal court, the commission shall immediately cease investigation of
12715	12715	23 the complaint and may not conduct hearings or issue findings of fact or
12716	12716	24 orders concerning that complaint.
12717	12717	25 SECTION 502. IC 22-10-1.5-2, AS AMENDED BY P.L.35-2007,
12718	12718	26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12719	12719	27 JULY 1, 2024]: Sec. 2. (a) The mining board is established. The board
12720	12720	28 is composed of five (5) members appointed by the governor. The
12721	12721	29 members must have the following qualifications:
12722	12722	30 (1) Two (2) members must be practical and experienced
12723	12723	31 nonsupervisory underground coal miners.
12724	12724	32 (2) Two (2) members must be practical and experienced
12725	12725	33 underground coal operators.
12726	12726	34 (3) One (1) member must represent the general public and must
12727	12727	35 not be associated with the coal industry.
12728	12728	36 (b) The governor shall appoint each member to a four (4) year term.
12729	12729	37 The governor shall fill any vacancy occurring on the board for the
12730	12730	38 unexpired term of the member being replaced. The individual
12731	12731	39 appointed to fill a vacancy must have the same qualifications as the
12732	12732	40 member the individual is replacing.
12733	12733	41 (c) The governor may remove a member of the board for cause.
12734	12734	42 (d) The board shall organize by the election of a chairman
12735	12735	2024 IN 1267—LS 6912/DI 92 297
12736	12736	1 chairperson for a one (1) year term.
12737	12737	2 (e) The board may hold meetings on the call of the chairman
12738	12738	3 chairperson or the director.
12739	12739	4 SECTION 503. IC 22-10-1.5-6, AS AMENDED BY P.L.35-2007,
12740	12740	5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12741	12741	6 JULY 1, 2024]: Sec. 6. (a) With the governor's approval, the
12742	12742	7 commissioner of labor shall appoint a director of the bureau of mines
12743	12743	8 and mine safety created under IC 22-1-1-4(1) who must have the
12744	12744	9 following qualifications:
12745	12745	10 (1) Be a citizen of the United States and a resident of Indiana.
12746	12746	11 (2) Have at least four (4) years experience in underground coal
12747	12747	12 mines.
12748	12748	13 (3) Hold an Indiana mine foreman supervisor certificate.
12749	12749	14 (4) Possess a practical knowledge of:
12750	12750	15 (A) the different systems of working and ventilating coal
12751	12751	16 mines;
12752	12752	17 (B) the nature, chemistry, detection, and control of noxious,
12753	12753	18 poisonous, and explosive gases;
12754	12754	19 (C) the dangers incident to blasting and the prevention of these
12755	12755	20 dangers;
12756	12756	21 (D) the application of electricity in mining operations;
12757	12757	22 (E) the methods for preventing mine fires and gas or dust
12758	12758	23 explosions;
12759	12759	24 (F) the methods for controlling and extinguishing mine fires;
12760	12760	25 (G) the methods of rescue and recovery work following mine
12761	12761	26 disasters; and
12762	12762	27 (H) the mining laws of this state.
12763	12763	28 (b) The director may not be an owner or part owner of a coal mine
12764	12764	29 or coal mining company while serving as director.
12765	12765	30 (c) The director shall serve for a four (4) year term. However, the
12766	12766	31 director serves at the pleasure of the governor.
12767	12767	32 (d) The director is entitled to receive an annual salary to be fixed by
12768	12768	33 the commissioner of labor with the approval of the governor.
12769	12769	34 SECTION 504. IC 22-10-3-1, AS AMENDED BY P.L.10-2012,
12770	12770	35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12771	12771	36 JULY 1, 2024]: Sec. 1. As used in this article:
12772	12772	37 "Active workings" means all places in a mine that are ventilated and
12773	12773	38 inspected regularly.
12774	12774	39 "Belt examiner" means an individual designated by the mine
12775	12775	40 foreman supervisor to perform the functions as required by 30 CFR
12776	12776	41 Part 75 in connection with examinations to ensure that the belt, belt
12777	12777	42 drives, dump points, air movement, roof, and ribs of a mine are in safe
12778	12778	2024 IN 1267—LS 6912/DI 92 298
12779	12779	1 condition.
12780	12780	2 "Board" refers to the mining board established under
12781	12781	3 IC 22-10-1.5-2.
12782	12782	4 "Commercial mine" means any underground mine from which coal
12783	12783	5 is produced for sale, exchange, or commercial use.
12784	12784	6 "Director" means the director of the bureau of mines and mine
12785	12785	7 safety established under IC 22-1-1-4.
12786	12786	8 "Hoisting engineer" means an individual who is capable of
12787	12787	9 transporting people and material in and out of a mine by means of a
12788	12788	10 hoist.
12789	12789	11 "Interested persons" means the director, safety personnel designated
12790	12790	12 by the operator, state and federal coal mine inspectors, and, to the
12791	12791	13 extent required by law, any other person.
12792	12792	14 "Mine" means an underground commercial coal mine.
12793	12793	15 "Mine electrician" means a properly certified individual who can
12794	12794	16 perform electrical work in:
12795	12795	17 (1) a surface coal mine;
12796	12796	18 (2) surface areas of underground coal mines; and
12797	12797	19 (3) underground coal mines.
12798	12798	20 "Mine examiner" means a properly certified person designated by
12799	12799	21 the mine foreman supervisor to examine the mine for gas and other
12800	12800	22 dangers. A mine examiner may temporarily act as a section foreman
12801	12801	23 supervisor if designated to act as such by the mine foreman.
12802	12802	24 supervisor.
12803	12803	25 "Mine foreman" supervisor" means the person charged with the
12804	12804	26 responsibility of the general supervision of the underground working
12805	12805	27 of a mine and the persons employed in the mine and for the health and
12806	12806	28 safety of those employees.
12807	12807	29 "Mine inspector" means the person appointed to assist in
12808	12808	30 administering this article.
12809	12809	31 "Mine Safety Administration" refers to the Mine Safety and Health
12810	12810	32 Administration, United States Department of Labor.
12811	12811	33 "Mining laws" means:
12812	12812	34 (1) this article;
12813	12813	35 (2) IC 22-1-1-5(a);
12814	12814	36 (3) 30 CFR part 75; and
12815	12815	37 (4) 30 CFR part 77.
12816	12816	38 "Operator" means an individual, firm, association, partnership,
12817	12817	39 limited liability company, or corporation operating an underground
12818	12818	40 coal mine or any part of a mine.
12819	12819	41 "Shot-firer" means a properly certified person designated by the
12820	12820	42 mine foreman supervisor to perform the functions as required in this
12821	12821	2024 IN 1267—LS 6912/DI 92 299
12822	12822	1 article in connection with breaking down coal or rock.
12823	12823	2 SECTION 505. IC 22-10-3-6, AS AMENDED BY P.L.35-2007,
12824	12824	3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12825	12825	4 JULY 1, 2024]: Sec. 6. (a) The director shall devote the director's
12826	12826	5 attention to the duties of the office during working hours and is subject
12827	12827	6 to call at all times. The director and any mine inspector funded by the
12828	12828	7 general assembly are authorized to enter, examine, and inspect all
12829	12829	8 commercial coal mines and facilities.
12830	12830	9 (b) The director shall have full direction of the official activities of
12831	12831	10 any mine inspector and shall be responsible therefor.
12832	12832	11 (c) The director and each mine inspector shall have power, and it is
12833	12833	12 their duty, to stop immediately the operation of any coal mine or part
12834	12834	13 thereof when any dangerous or unlawful condition exists. However,
12835	12835	14 where conditions exist justifying the director or the mine inspector to
12836	12836	15 do so, the director or mine inspector shall grant a reasonable period of
12837	12837	16 time for making necessary repairs. Where a stop in operation is
12838	12838	17 enforced, such director and mine inspector shall be empowered to
12839	12839	18 subsequently allow such mine or part of a mine to be reopened when
12840	12840	19 the dangerous or unlawful conditions have been remedied or removed.
12841	12841	20 If the operator or a workman worker believes that an inspector has
12842	12842	21 acted illegally in citing violations of mining law, they may appeal to the
12843	12843	22 director for relief from such citation. The director may grant or deny
12844	12844	23 such relief after a hearing, at which all interested parties have been
12845	12845	24 notified of such hearing and given an opportunity to present evidence
12846	12846	25 in support of their contentions.
12847	12847	26 (d) The director shall keep a properly indexed permanent record of
12848	12848	27 all inspections made by the director and the mine inspector, and copies
12849	12849	28 of all reports relating to coal mines shall be kept on file, and all such
12850	12850	29 records shall be open to inspection by the public, and shall be laid
12851	12851	30 before the governor at any time upon the request of the governor. The
12852	12852	31 director shall cause:
12853	12853	32 (1) within sixty (60) days of the date of the inspection, inspection
12854	12854	33 reports; and
12855	12855	34 (2) for two (2) years, all reports relating to coal mines;
12856	12856	35 to be posted on the web site website maintained by the bureau of mines
12857	12857	36 and mine safety created under IC 22-1-1-4(1).
12858	12858	37 (e) The director is empowered to revoke, in writing, any order
12859	12859	38 issued by a mine inspector for the purpose of stopping the operation of
12860	12860	39 a mine or part thereof. However, such revocation of an order shall not
12861	12861	40 be made unless and until the director has made a personal examination
12862	12862	41 of the mine or part thereof affected and determined it to be in a safe
12863	12863	42 condition to operate.
12864	12864	2024 IN 1267—LS 6912/DI 92 300
12865	12865	1 (f) The director or mine inspector shall make a personal inspection
12866	12866	2 of each mine in this state:
12867	12867	3 (1) at least once every three (3) months, or more often if
12868	12868	4 practicable, while the mine is in operation;
12869	12869	5 (2) whenever any danger to the workmen workers may exist; or
12870	12870	6 (3) whenever called upon to do so by the workmen. workers.
12871	12871	7 During a regular inspection, the director or inspector shall have the
12872	12872	8 authority to inspect the surface plant; every working place in the mine;
12873	12873	9 all active haulageways, travelways, and airways in their entirety;
12874	12874	10 entrances to abandoned workings; accessible old workings; escapeways
12875	12875	11 and all other places where individuals work or travel; electric
12876	12876	12 equipment and installations; first aid equipment; ventilation facilities;
12877	12877	13 communications installations; roof and rib conditions; and blasting
12878	12878	14 practices, etc. The director or inspector shall have the authority to
12879	12879	15 measure the volume of air at the intake and return of the main
12880	12880	16 ventilating current and of each split, and the amount passing through
12881	12881	17 the last breakthrough in each pair or set of entries, and designate to the
12882	12882	18 mine foreman supervisor where the director or inspector shall measure
12883	12883	19 the currents of air as required by the mining laws of this state. In mines
12884	12884	20 operating more than one (1) shift in a twenty-four (24) hour period, the
12885	12885	21 director or inspector shall devote sufficient time to the second and third
12886	12886	22 shift to determine conditions and practices related to the health and
12887	12887	23 safety of the employees. The director or inspector shall make tests for
12888	12888	24 gas and oxygen deficiency in each place that the director or inspector
12889	12889	25 is required to inspect in the mine. Time shall be made available during
12890	12890	26 an inspection for interaction with the employees of the mine by the
12891	12891	27 director or the inspector to ascertain the familiarity of the employees
12892	12892	28 with self-rescuers and accessible escapeways.
12893	12893	29 (g) The director or mine inspector making an inspection of a mine
12894	12894	30 shall make an accurate report covering such inspection, showing:
12895	12895	31 (1) the date of inspection and actual time required to make the
12896	12896	32 inspection;
12897	12897	33 (2) the condition in which the mine is found;
12898	12898	34 (3) the extent to which the mining laws are violated;
12899	12899	35 (4) the progress made in the improvement of the mine, where
12900	12900	36 such progress relates to the health and safety of the employees;
12901	12901	37 (5) the number of fatal injuries and the number of nonfatal
12902	12902	38 lost-time injuries resulting from accidents in and around the mine,
12903	12903	39 and their cause; and
12904	12904	40 (6) in case any violation of the mining laws is found, the specific
12905	12905	41 section or sections violated, with recommendations for correcting
12906	12906	42 them, and the action taken to eliminate them.
12907	12907	2024 IN 1267—LS 6912/DI 92 301
12908	12908	1 (h) The director or mine inspector making an inspection of a mine
12909	12909	2 shall within three (3) days after the completion of the inspection,
12910	12910	3 deliver:
12911	12911	4 (1) one (1) copy of the inspection report on the mine to the
12912	12912	5 operator, superintendent, or mine foreman supervisor of the mine
12913	12913	6 inspected; and
12914	12914	7 (2) one (1) copy to be posted within the three (3) day limit on a
12915	12915	8 bulletin board at a prominent place on the premises where it can
12916	12916	9 be conveniently read by the employees. If corrective action is
12917	12917	10 implemented, the report shall remain on the bulletin board for
12918	12918	11 thirty (30) days. If corrective action is not implemented, the report
12919	12919	12 shall not be removed from the bulletin board until the report of
12920	12920	13 the succeeding examination is posted.
12921	12921	14 The director or mine inspector shall keep the mine foreman supervisor
12922	12922	15 or superintendent informed as much as is practicable of any violation
12923	12923	16 or other unsafe condition as the regular inspection progresses. In
12924	12924	17 instances where, in the opinion of the mine inspector, an imminent or
12925	12925	18 serious disaster hazard exists, such inspector shall report the same to
12926	12926	19 the director by the quickest available means.
12927	12927	20 (i) It shall be the duty of the director and mine inspectors to enforce
12928	12928	21 the mining laws of this state and the mine inspectors shall perform such
12929	12929	22 other official duties required by the director as may be necessary to
12930	12930	23 secure full compliance with the mining laws of this state.
12931	12931	24 SECTION 506. IC 22-10-3-9, AS AMENDED BY P.L.10-2012,
12932	12932	25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12933	12933	26 JULY 1, 2024]: Sec. 9. (a) The director shall keep a record of the
12934	12934	27 board's official actions concerning certificates issued under this chapter
12935	12935	28 and file the record together with questions and answers pertaining to
12936	12936	29 examinations established by the board, including the grade given for
12937	12937	30 the answer to each question. The record shall be open for inspection by
12938	12938	31 interested persons. If applications for certification are received, the
12939	12939	32 board shall meet at least quarterly at such time and place as it shall
12940	12940	33 consider advisable for the purpose of examining applicants for
12941	12941	34 certificates. These quarterly meetings shall be held in January, April,
12942	12942	35 July, and October. The date, time, and place of examination shall be
12943	12943	36 published at all coal mines in this state and posted on the web site
12944	12944	37 website maintained by the bureau of mines and mine safety at least
12945	12945	38 thirty (30) days before the examination. By a majority vote, the board
12946	12946	39 shall establish its rules of procedure and provide suitable certificates.
12947	12947	40 The board shall adopt rules establishing standards for the competent
12948	12948	41 practice of mine foreman, supervisor, belt examiner, mine examiner,
12949	12949	42 shot-firer, mine electrician, and hoisting engineer.
12950	12950	2024 IN 1267—LS 6912/DI 92 302
12951	12951	1 (b) A person desiring certification for mine foreman, supervisor,
12952	12952	2 belt examiner, mine examiner, shot-firer, mine electrician, or hoisting
12953	12953	3 engineer must make written application to the board on forms supplied
12954	12954	4 by the board not later than ten (10) days prior to the examination date.
12955	12955	5 SECTION 507. IC 22-10-3-10, AS AMENDED BY P.L.10-2012,
12956	12956	6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12957	12957	7 JULY 1, 2024]: Sec. 10. (a) It is the duty of the board to examine any
12958	12958	8 person applying for a certificate for mine foreman, supervisor,
12959	12959	9 shot-firer, mine examiner, hoisting engineer, mine electrician, or belt
12960	12960	10 examiner and to issue certificates of competency to the applicants who,
12961	12961	11 upon examination, prove themselves competent and qualified. A
12962	12962	12 certificate is valid only when the examination for certification has been
12963	12963	13 held in the presence of a member of the board and signed by the
12964	12964	14 chairman chairperson of the board. A certificate of competency may
12965	12965	15 not be issued to any person whose grade is less than seventy-five
12966	12966	16 percent (75%) for any certification other than that of a certificate for
12967	12967	17 mine electrician, which requires a passing grade of not less than eighty
12968	12968	18 percent (80%). The board shall observe the requirements set forth in
12969	12969	19 this section in conducting the examinations.
12970	12970	20 (b) An applicant for a mine foreman supervisor certificate must
12971	12971	21 have at least four (4) years of experience underground in coal mines.
12972	12972	22 However, a person who has graduated and holds a degree in
12973	12973	23 engineering or an approved four (4) year program in coal mining
12974	12974	24 technology from an accredited school, college, or university is required
12975	12975	25 to have only two (2) years of practical underground mining experience
12976	12976	26 to qualify for the examination. A person who has graduated and holds
12977	12977	27 a two (2) year associate in applied science degree in coal mining
12978	12978	28 technology from an accredited school, college, or university is required
12979	12979	29 to have only three (3) years of practical underground mining
12980	12980	30 experience to qualify for the examination. An applicant must prove to
12981	12981	31 the board by written and oral examination and by demonstration, where
12982	12982	32 applicable, that the applicant has a thorough knowledge of:
12983	12983	33 (1) the theory and practice of coal mining;
12984	12984	34 (2) the nature and properties of poisonous, noxious, and explosive
12985	12985	35 gases and methods for their detection and control;
12986	12986	36 (3) the requirements of the coal mining laws of this state; and
12987	12987	37 (4) the responsibilities and duties of a mine foreman supervisor
12988	12988	38 under such laws;
12989	12989	39 and that the applicant is otherwise qualified by law.
12990	12990	40 (c) An applicant for a mine examiner certificate must have at least
12991	12991	41 three (3) years of experience underground in coal mines. However, a
12992	12992	42 person who has graduated and holds a degree in engineering or an
12993	12993	2024 IN 1267—LS 6912/DI 92 303
12994	12994	1 associate in applied science degree in coal mining technology from an
12995	12995	2 accredited school, college, or university is required to have only two (2)
12996	12996	3 years of practical underground mining experience to qualify for the
12997	12997	4 examination. An applicant must prove to the board by written and oral
12998	12998	5 examination and by demonstration, where applicable, that the applicant
12999	12999	6 has a thorough knowledge of:
13000	13000	7 (1) the nature and properties of poisonous, noxious, and explosive
13001	13001	8 gases and methods for their detection and control;
13002	13002	9 (2) the practical aspects of coal mining pertaining especially to
13003	13003	10 ventilation and roof control; and
13004	13004	11 (3) the responsibilities of a mine examiner under coal mining laws
13005	13005	12 of this state;
13006	13006	13 and that the applicant is otherwise qualified by law.
13007	13007	14 (d) An applicant for a shot-firer certificate must have at least one (1)
13008	13008	15 year of underground experience and must have been properly trained
13009	13009	16 in a course approved by the director in the safe use and handling of
13010	13010	17 explosives. An applicant must prove to the board by written and oral
13011	13011	18 examination and by demonstration, where applicable, that the applicant
13012	13012	19 has a working knowledge of:
13013	13013	20 (1) the proper handling and use of explosives and blasting devices
13014	13014	21 and the danger connected therewith;
13015	13015	22 (2) the nature and properties of poisonous, noxious, and explosive
13016	13016	23 gases and methods for their detection;
13017	13017	24 (3) the coal mining laws of the state pertaining to ventilation, roof
13018	13018	25 control, and blasting; and
13019	13019	26 (4) the responsibilities of a shot-firer under applicable mining
13020	13020	27 laws;
13021	13021	28 and that the applicant is otherwise qualified by law.
13022	13022	29 (e) An applicant for a hoisting engineer certificate must prove to the
13023	13023	30 board by written and oral examination and by demonstration, where
13024	13024	31 applicable, that the applicant:
13025	13025	32 (1) is capable of operating a hoist;
13026	13026	33 (2) has a thorough knowledge of the coal mining laws of this state
13027	13027	34 pertaining to hoisting operations;
13028	13028	35 (3) has at least one (1) year mining experience;
13029	13029	36 (4) has at least twenty (20) hours practical experience under the
13030	13030	37 supervision of a certified hoisting engineer; and
13031	13031	38 (5) is otherwise qualified by law.
13032	13032	39 (f) An applicant for a belt examiner certificate must have at least
13033	13033	40 one (1) year of experience in belt maintenance or installation work. The
13034	13034	41 applicant must prove to the board by written and oral examination and
13035	13035	42 by demonstration, where applicable, that the applicant has a thorough
13036	13036	2024 IN 1267—LS 6912/DI 92 304
13037	13037	1 knowledge of:
13038	13038	2 (1) the requirements of the coal mining laws of this state with
13039	13039	3 particular emphasis upon those laws pertaining to the use of
13040	13040	4 electrical or belt equipment and the transmission of electrical
13041	13041	5 energy into coal mines; and
13042	13042	6 (2) the responsibilities of a belt examiner under those laws;
13043	13043	7 and that the applicant is otherwise qualified by law.
13044	13044	8 (g) An applicant for a mine electrician certificate must have
13045	13045	9 sufficient (but not less than one (1) year of) experience in performing
13046	13046	10 electrical work. The applicant must prove to the board by written and
13047	13047	11 oral examination and by demonstration, where applicable, that the
13048	13048	12 applicant has a thorough knowledge of:
13049	13049	13 (1) the requirements of the coal mining laws of this state, with
13050	13050	14 particular emphasis upon laws pertaining to electrical energy in
13051	13051	15 coal mines;
13052	13052	16 (2) direct and alternating current theory and application;
13053	13053	17 (3) electric equipment and electrical circuits in coal mines;
13054	13054	18 (4) permissibility of electric equipment;
13055	13055	19 (5) 30 CFR 75 subparts F-K; and
13056	13056	20 (6) 30 CFR 77 subparts F-J and S.
13057	13057	21 (h) An applicant for an examination under this section must pay the
13058	13058	22 bureau of mines and mine safety an examination fee of twenty-five
13059	13059	23 dollars ($25). All fees collected under this subsection shall be
13060	13060	24 deposited in the mine safety fund established by IC 22-10-12-16. The
13061	13061	25 board may set a different fee by rule under IC 22-10-1.5-4.
13062	13062	26 (i) A mine foreman, supervisor, mine examiner, shot-firer, hoisting
13063	13063	27 engineer, mine electrician, or belt examiner certificate issued before
13064	13064	28 September 1, 1979, is valid under the mining laws of Indiana.
13065	13065	29 (j) A person who was issued a fire-boss certificate before July 1,
13066	13066	30 2007, shall be issued a replacement mine examiner certificate upon
13067	13067	31 request to the director.
13068	13068	32 (k) A person designated as mine superintendent or assistant mine
13069	13069	33 superintendent, or acting in either capacity, must hold a mine foreman
13070	13070	34 supervisor certificate.
13071	13071	35 (l) A certificate may be granted to an applicant who presents to the
13072	13072	36 board satisfactory evidence that the applicant has not been convicted
13073	13073	37 of:
13074	13074	38 (1) an act which would constitute a ground for disciplinary
13075	13075	39 sanction under section 11.1(b) of this chapter; or
13076	13076	40 (2) a felony that has a direct bearing on the applicant's ability to
13077	13077	41 act competently as a mine foreman, supervisor, shot-firer, mine
13078	13078	42 examiner, hoisting engineer, mine electrician, or belt examiner.
13079	13079	2024 IN 1267—LS 6912/DI 92 305
13080	13080	1 (m) For the purpose of safety, the board may refuse to examine an
13081	13081	2 applicant who cannot:
13082	13082	3 (1) readily understand the written English language; or
13083	13083	4 (2) express himself or herself oneself in the English language.
13084	13084	5 SECTION 508. IC 22-10-3-11, AS AMENDED BY P.L.10-2012,
13085	13085	6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13086	13086	7 JULY 1, 2024]: Sec. 11. (a) In event of loss or destruction of any
13087	13087	8 certificate issued under the mining laws of this state, the board, upon
13088	13088	9 satisfactory proof of such loss or destruction, shall issue a duplicate
13089	13089	10 certificate upon receipt of five dollars ($5). The fee shall be deposited
13090	13090	11 into the mine safety fund established by IC 22-10-12-16. The board
13091	13091	12 may set a different fee by rule under IC 22-10-1.5-4.
13092	13092	13 (b) The holder of a mine foreman, supervisor, mine examiner,
13093	13093	14 shot-firer, hoisting engineer, mine electrician, or belt examiner
13094	13094	15 certificate must present the same or a photostatic copy to the official of
13095	13095	16 the mine where the holder is employed, who shall file it in the office at
13096	13096	17 such mine, and such file shall be available for inspection by interested
13097	13097	18 persons.
13098	13098	19 SECTION 509. IC 22-10-3-12, AS AMENDED BY P.L.10-2012,
13099	13099	20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13100	13100	21 JULY 1, 2024]: Sec. 12. (a) It is unlawful for any person to serve in the
13101	13101	22 capacity of mine foreman, supervisor, mine examiner, shot-firer,
13102	13102	23 hoisting engineer, mine electrician, or belt examiner at any time unless
13103	13103	24 the person is properly certified. However, any person who meets the
13104	13104	25 appropriate experience requirements of this chapter and who is
13105	13105	26 properly certified in one (1) of these capacities or its equivalent in
13106	13106	27 another state which recognizes the certification of Indiana may serve
13107	13107	28 in such a capacity until the next examination by the board, when the
13108	13108	29 person must apply to the board for certification in the person's
13109	13109	30 particular classification. A mine electrician who is properly certified:
13110	13110	31 (1) by the federal Mine Safety and Health Administration; or
13111	13111	32 (2) in another state that recognizes the mine electrician
13112	13112	33 certification in Indiana;
13113	13113	34 may serve in the individual's certified capacity and be issued a mine
13114	13114	35 electrician certificate by the director in Indiana without the requirement
13115	13115	36 of applying to the board for examination. However, the individual must
13116	13116	37 obtain an Indiana miner's certificate of competency from the director.
13117	13117	38 (b) It is unlawful for an operator in this state to employ any person
13118	13118	39 in the capacity of mine superintendent, assistant mine superintendent,
13119	13119	40 mine foreman, supervisor, mine examiner, shot-firer, hoisting
13120	13120	41 engineer, mine electrician, or belt examiner at any time unless the
13121	13121	42 person is properly certified.
13122	13122	2024 IN 1267—LS 6912/DI 92 306
13123	13123	1 (c) Before any person certified in another state may perform in the
13124	13124	2 capacity of mine superintendent, assistant mine superintendent, mine
13125	13125	3 foreman, supervisor, mine examiner, shot-firer, hoisting engineer,
13126	13126	4 mine electrician, or belt examiner in Indiana, the person must present
13127	13127	5 personally to the director evidence of the out-of-state certificate or
13128	13128	6 certificates.
13129	13129	7 (d) Every inexperienced miner is required to wear an orange hard
13130	13130	8 hat until the miner receives a certificate of competency.
13131	13131	9 SECTION 510. IC 22-10-3-14, AS AMENDED BY P.L.35-2007,
13132	13132	10 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13133	13133	11 JULY 1, 2024]: Sec. 14. A mine shall be supervised by one (1) or more
13134	13134	12 certified mine foremen supervisors who shall see that compliance with
13135	13135	13 mining laws that pertain to the commercial mine's duties and to the
13136	13136	14 health and safety of the employees is met. When the mine workings are
13137	13137	15 so extensive that the mine foremen supervisors are unable personally
13138	13138	16 to carry out the duties required of them by law, the operator shall
13139	13139	17 employ a sufficient number of properly certified assistants who shall
13140	13140	18 act under the direction of the mine foremen. supervisors. The mine
13141	13141	19 foremen supervisors or their assistants shall not permit a person to
13142	13142	20 work in an unsafe place except for the purpose of making it safe, and
13143	13143	21 such work shall be under the direction and instruction of a certified
13144	13144	22 official.
13145	13145	23 SECTION 511. IC 23-1-33-7, AS AMENDED BY P.L.133-2009,
13146	13146	24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13147	13147	25 JULY 1, 2024]: Sec. 7. (a) A director may resign at any time by
13148	13148	26 delivering written notice:
13149	13149	27 (1) to the board of directors, its chairman, chairperson, or the
13150	13150	28 secretary of the corporation; or
13151	13151	29 (2) if the articles of incorporation or bylaws so provide, to another
13152	13152	30 designated officer.
13153	13153	31 (b) A resignation is effective when the notice is delivered unless the
13154	13154	32 notice specifies:
13155	13155	33 (1) a later effective date; or
13156	13156	34 (2) an effective date determined upon the happening of an event.
13157	13157	35 (c) A resignation that is conditioned upon failing to receive a
13158	13158	36 specified vote for election as a director may provide that the resignation
13159	13159	37 is irrevocable.
13160	13160	38 SECTION 512. IC 23-1-36-3 IS AMENDED TO READ AS
13161	13161	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may
13162	13162	40 resign at any time by delivering notice:
13163	13163	41 (1) to the board of directors, its chairman, chairperson, or the
13164	13164	42 secretary of the corporation; or
13165	13165	2024 IN 1267—LS 6912/DI 92 307
13166	13166	1 (2) if the articles of incorporation or bylaws so provide, to another
13167	13167	2 designated officer.
13168	13168	3 (b) A resignation is effective when the notice is delivered unless the
13169	13169	4 notice specifies a later effective date. If a resignation is made effective
13170	13170	5 at a later date and the corporation accepts the future effective date, its
13171	13171	6 board of directors may fill the pending vacancy before the effective
13172	13172	7 date if the board of directors provides that the successor does not take
13173	13173	8 office until the effective date.
13174	13174	9 (c) A board of directors may remove any officer at any time with or
13175	13175	10 without cause.
13176	13176	11 (d) An officer who appoints another officer or assistant officer may
13177	13177	12 remove the appointed officer or assistant officer at any time with or
13178	13178	13 without cause.
13179	13179	14 SECTION 513. IC 23-4-1-16 IS AMENDED TO READ AS
13180	13180	15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. (1) When a person,
13181	13181	16 by words spoken or written or by conduct, represents himself, oneself,
13182	13182	17 or consents to another representing him the person or any one, as a
13183	13183	18 partner in an existing partnership or with one (1) or more persons not
13184	13184	19 actual partners, he the apparent partner is liable to any such person
13185	13185	20 to whom such representation has been made, who has, on the faith of
13186	13186	21 such representation, given credit to the actual or apparent partnership,
13187	13187	22 and if he the apparent partner has made such representation or
13188	13188	23 consented to its being made in a public manner he the person is liable
13189	13189	24 to such person, whether the representation has or has not been made or
13190	13190	25 communicated to such person so giving credit by or with the
13191	13191	26 knowledge of the apparent partner making the representation or
13192	13192	27 consenting to its being made.
13193	13193	28 (a) When a partnership liability results, he the apparent partner is
13194	13194	29 liable as though he the apparent partner were an actual member of
13195	13195	30 the partnership.
13196	13196	31 (b) When no partnership liability results, he the apparent partner
13197	13197	32 is liable jointly with the other persons, if any, so consenting to the
13198	13198	33 contract or representation as to incur liability, otherwise separately.
13199	13199	34 (2) When a person has been thus represented to be a partner in an
13200	13200	35 existing partnership, or with one (1) or more persons not actual
13201	13201	36 partners, he the person is an agent of the persons consenting to such
13202	13202	37 representation to bind them to the same extent and in the same manner
13203	13203	38 as though he the person were a partner in fact, with respect to persons
13204	13204	39 who rely upon the representation. Where all the members of the
13205	13205	40 existing partnership consent to the representation, a partnership act or
13206	13206	41 obligation results; but in all other cases it is the joint act or obligation
13207	13207	42 of the person acting and the persons consenting to the representation.
13208	13208	2024 IN 1267—LS 6912/DI 92 308
13209	13209	1 SECTION 514. IC 23-4-1-35 IS AMENDED TO READ AS
13210	13210	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. (1) After
13211	13211	3 dissolution a partner can bind the partnership except as provided in
13212	13212	4 paragraph (3):
13213	13213	5 (a) By any act appropriate for winding up partnership affairs or
13214	13214	6 completing transactions unfinished at dissolution.
13215	13215	7 (b) By any transaction which would bind the partnership if
13216	13216	8 dissolution had not taken place, provided the other party to the
13217	13217	9 transaction:
13218	13218	10 (I) had extended credit to the partnership prior to dissolution
13219	13219	11 and had no knowledge or notice of the dissolution; or
13220	13220	12 (II) though he the party had not so extended credit, had
13221	13221	13 nevertheless known of the partnership prior to dissolution,
13222	13222	14 and, having no knowledge or notice of dissolution, the fact of
13223	13223	15 dissolution had not been advertised in a newspaper of general
13224	13224	16 circulation in the place (or in each place if more than one) at
13225	13225	17 which the partnership business was regularly carried on.
13226	13226	18 (2) The liability of a partner under paragraph (1)(b) shall be
13227	13227	19 satisfied out of partnership assets alone when such partner had been
13228	13228	20 prior to dissolution:
13229	13229	21 (a) unknown as a partner to the person with whom the contract is
13230	13230	22 made; and
13231	13231	23 (b) so far unknown and inactive in partnership affairs that the
13232	13232	24 business reputation of the partnership could not be said to have
13233	13233	25 been in any degree due to his the partner's connection with it.
13234	13234	26 (3) The partnership is in no case bound by any act of a partner after
13235	13235	27 dissolution:
13236	13236	28 (a) where the partnership is dissolved because it is unlawful to
13237	13237	29 carry on the business, unless the act is appropriate for winding up
13238	13238	30 partnership affairs; or
13239	13239	31 (b) where the partner has become bankrupt; or
13240	13240	32 (c) where the partner has no authority to wind up partnership
13241	13241	33 affairs; except by a transaction with one who:
13242	13242	34 (I) had an extended credit to the partnership prior to
13243	13243	35 dissolution and had no knowledge or notice of his the
13244	13244	36 partner's want of authority; or
13245	13245	37 (II) had not extended credit to the partnership prior to
13246	13246	38 dissolution, and, having no knowledge or notice of his the
13247	13247	39 partner's want of authority, the fact of his the partner's want
13248	13248	40 of authority has not been advertised in the manner provided for
13249	13249	41 advertising the fact of dissolution in paragraph (1)(b)(II).
13250	13250	42 (4) Nothing in this section shall affect the liability under section 16
13251	13251	2024 IN 1267—LS 6912/DI 92 309
13252	13252	1 of this chapter of any person who after dissolution represents himself
13253	13253	2 or consents to another representing him the person as a partner in a
13254	13254	3 partnership engaged in carrying on business.
13255	13255	4 SECTION 515. IC 23-4-1-36 IS AMENDED TO READ AS
13256	13256	5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 36. (1) The dissolution
13257	13257	6 of the partnership does not of itself discharge the existing liability of
13258	13258	7 any partner.
13259	13259	8 (2) A partner is discharged from any existing liability upon
13260	13260	9 dissolution of the partnership by an agreement to that effect between
13261	13261	10 himself, the partner, the partnership creditor and the person or
13262	13262	11 partnership continuing the business; and such agreement may be
13263	13263	12 inferred from the course of dealing between the creditor having
13264	13264	13 knowledge of the dissolution and the person or partnership continuing
13265	13265	14 the business.
13266	13266	15 (3) Where a person agrees to assume the existing obligations of a
13267	13267	16 dissolved partnership, the partners whose obligations have been
13268	13268	17 assumed shall be discharged from any liability to any creditor of the
13269	13269	18 partnership who, knowing of the agreement, consents to a material
13270	13270	19 alteration in the nature or time of payment of such obligations.
13271	13271	20 (4) The individual property of a deceased partner shall be liable for
13272	13272	21 those obligations of the partnership incurred while he the deceased
13273	13273	22 partner was a partner but subject to the prior payment of his the
13274	13274	23 deceased partner's separate debts and for which the partner was liable
13275	13275	24 under section 15 of this chapter.
13276	13276	25 SECTION 516. IC 23-7-8-7 IS AMENDED TO READ AS
13277	13277	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A person who
13278	13278	27 solicits charitable contributions may not:
13279	13279	28 (1) use the fact of registration as an endorsement by the state;
13280	13280	29 (2) misrepresent that the person is an officer or employee of a
13281	13281	30 public safety agency;
13282	13282	31 (3) use the name "police", "law enforcement", "trooper", "rescue
13283	13283	32 squad", "firemen", or "firefighter" unless a bona fide police, law
13284	13284	33 enforcement, rescue squad, or fire department authorizes its use
13285	13285	34 in writing;
13286	13286	35 (4) misrepresent to anyone that the contribution will be used for
13287	13287	36 a charitable purpose if the person has reason to believe the
13288	13288	37 contribution will not be used for a charitable purpose;
13289	13289	38 (5) misrepresent to anyone that another person endorses the
13290	13290	39 solicitation unless that person has consented in writing to the use
13291	13291	40 of the person's name for the purpose of endorsing the solicitation;
13292	13292	41 (6) misrepresent to anyone that the contribution is solicited on
13293	13293	42 behalf of anyone other than the charitable organization that
13294	13294	2024 IN 1267—LS 6912/DI 92 310
13295	13295	1 authorized the solicitation; or
13296	13296	2 (7) collect or attempt to collect a contribution in person or by
13297	13297	3 means of a courier unless:
13298	13298	4 (A) the solicitation is made in person and the collection or
13299	13299	5 attempt to collect is made at the time of the solicitation; or
13300	13300	6 (B) the contributor has agreed to purchase goods or items in
13301	13301	7 connection with the solicitation, and the collection or attempt
13302	13302	8 to collect is made at the time of delivery of the goods or items.
13303	13303	9 (b) A person who solicits charitable contributions shall not represent
13304	13304	10 that tickets to events will be donated for use by another, unless the
13305	13305	11 following requirements have been met:
13306	13306	12 (1) The paid solicitor has commitments, in writing, from
13307	13307	13 charitable organizations stating that they will accept donated
13308	13308	14 tickets and specifying the number of tickets they are willing to
13309	13309	15 accept.
13310	13310	16 (2) No more contributions for donated tickets are solicited than
13311	13311	17 the number of ticket commitments received from charitable
13312	13312	18 organizations.
13313	13313	19 SECTION 517. IC 23-13-20-5 IS AMENDED TO READ AS
13314	13314	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The trustees shall
13315	13315	21 elect the following officers:
13316	13316	22 (1) A chairman. chairperson.
13317	13317	23 (2) One (1) or more vice chairmen. chairpersons.
13318	13318	24 (3) A secretary.
13319	13319	25 (4) A treasurer.
13320	13320	26 (5) The assistant secretaries, assistant treasurers, and other
13321	13321	27 officers provided for in the bylaws.
13322	13322	28 (b) The treasurer and all assistant treasurers shall give a bond in the
13323	13323	29 penal sum and with securities approved by the trustees before entering
13324	13324	30 upon the duties of office.
13325	13325	31 (c) Fourteen (14) trustees constitute a quorum for the transaction of
13326	13326	32 all official business. The majority of the members present at a meeting
13327	13327	33 determine the action of the board.
13328	13328	34 SECTION 518. IC 23-13-20-7 IS AMENDED TO READ AS
13329	13329	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board of
13330	13330	36 trustees shall meet each May or June in the city of Evansville on a date
13331	13331	37 determined by the board. The president of the university, the chairman
13332	13332	38 chairperson of the board of trustees, the faculty of the university, any
13333	13333	39 five (5) of the trustees, or the executive committee appointed by the
13334	13334	40 board may call a special meeting of the board. Ten (10) days written
13335	13335	41 notice of a special meeting must be mailed to each member of the
13336	13336	42 board of trustees at the member's last known address.
13337	13337	2024 IN 1267—LS 6912/DI 92 311
13338	13338	1 (b) A working majority of the board of trustees may, at any time, for
13339	13339	2 good cause, declare a vacancy on the board due to lack of interest or
13340	13340	3 otherwise by a member, and appoint a successor. The retired member
13341	13341	4 shall receive notice of the removal by mail sent to the last known
13342	13342	5 address of the member. The trustee appointed to fill the vacancy serves
13343	13343	6 until the next election by the appointing authority.
13344	13344	7 SECTION 519. IC 23-17-14-3 IS AMENDED TO READ AS
13345	13345	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may
13346	13346	9 resign at any time by delivering notice to one (1) of the following:
13347	13347	10 (1) The board of directors, the chairman chairperson of the board
13348	13348	11 of directors, or the secretary of the corporation.
13349	13349	12 (2) If articles of incorporation or bylaws provide, to another
13350	13350	13 designated officer.
13351	13351	14 (b) A resignation is effective when the notice is effective unless the
13352	13352	15 notice specifies a later effective date. If:
13353	13353	16 (1) a resignation is made effective at a later date; and
13354	13354	17 (2) a corporation accepts the future effective date;
13355	13355	18 the corporation's board of directors may fill the pending vacancy before
13356	13356	19 the effective date if the board of directors provides that the successor
13357	13357	20 does not take office until the effective date.
13358	13358	21 (c) A board of directors may remove an officer at any time with or
13359	13359	22 without cause.
13360	13360	23 (d) An officer who appoints another officer or assistant officer may
13361	13361	24 remove the appointed officer or assistant officer at any time with or
13362	13362	25 without cause.
13363	13363	26 SECTION 520. IC 23-19-1-2, AS AMENDED BY P.L.158-2022,
13364	13364	27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13365	13365	28 JULY 1, 2024]: Sec. 2. In this article, unless the context otherwise
13366	13366	29 requires:
13367	13367	30 (1) "Agent" means an individual, other than a broker-dealer, who
13368	13368	31 represents a broker-dealer in effecting or attempting to effect
13369	13369	32 purchases or sales of securities or represents an issuer in effecting
13370	13370	33 or attempting to effect purchases or sales of the issuer's securities.
13371	13371	34 However, a partner, officer, or director of a broker-dealer or
13372	13372	35 issuer, or an individual having a similar status or performing
13373	13373	36 similar functions is an agent only if the individual otherwise
13374	13374	37 comes within the term. The term does not include an individual
13375	13375	38 excluded by rule adopted or order issued under this article.
13376	13376	39 (2) "Bank" means:
13377	13377	40 (A) a banking institution organized under the laws of the
13378	13378	41 United States;
13379	13379	42 (B) a member bank of the Federal Reserve System;
13380	13380	2024 IN 1267—LS 6912/DI 92 312
13381	13381	1 (C) any other banking institution, whether incorporated or not,
13382	13382	2 doing business under the laws of a state or of the United
13383	13383	3 States, a substantial portion of the business of which consists
13384	13384	4 of receiving deposits or exercising fiduciary powers similar to
13385	13385	5 those permitted to be exercised by national banks under the
13386	13386	6 authority of the Comptroller of the Currency under Section 1
13387	13387	7 of Public Law 87-722 (12 U.S.C. 92a), and which is
13388	13388	8 supervised and examined by a state or federal agency having
13389	13389	9 supervision over banks, and which is not operated for the
13390	13390	10 purpose of evading this article; and
13391	13391	11 (D) a receiver, conservator, or other liquidating agent of any
13392	13392	12 institution or firm included in clause (A), (B), or (C).
13393	13393	13 (3) "Broker-dealer" means a person engaged in the business of
13394	13394	14 effecting transactions in securities for the account of others or for
13395	13395	15 the person's own account. The term does not include:
13396	13396	16 (A) an agent;
13397	13397	17 (B) an issuer;
13398	13398	18 (C) a bank, a savings institution, or a trust company that is a
13399	13399	19 wholly owned subsidiary of a bank or savings institution if its
13400	13400	20 activities as a broker-dealer are limited to those specified in
13401	13401	21 subsections 3(a)(4)(B)(i) through (vi), (viii) through (x), and
13402	13402	22 (xi) if limited to unsolicited transactions; 3(a)(5)(B); and
13403	13403	23 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C.
13404	13404	24 78c(a)(4) and 15 U.S.C. 78c(a)(5)) or a bank that satisfies the
13405	13405	25 conditions described in subsection 3(a)(4)(E) of the Securities
13406	13406	26 Exchange Act of 1934 (15 U.S.C. 78c(a)(4));
13407	13407	27 (D) an international banking institution; or
13408	13408	28 (E) a person excluded by rule adopted or order issued under
13409	13409	29 this article.
13410	13410	30 (4) "Commissioner" means the securities commissioner appointed
13411	13411	31 under IC 23-19-6-1(a).
13412	13412	32 (5) "Depository institution" means:
13413	13413	33 (A) a bank; or
13414	13414	34 (B) a savings institution, trust company, credit union, or
13415	13415	35 similar institution that is organized or chartered under the laws
13416	13416	36 of a state or of the United States, authorized to receive
13417	13417	37 deposits, and supervised and examined by an official or
13418	13418	38 agency of a state or the United States if its deposits or share
13419	13419	39 accounts are insured to the maximum amount authorized by
13420	13420	40 statute by the Federal Deposit Insurance Corporation, the
13421	13421	41 National Credit Union Share Insurance Fund, or a successor
13422	13422	42 authorized by federal law. The term does not include:
13423	13423	2024 IN 1267—LS 6912/DI 92 313
13424	13424	1 (i) an insurance company or other organization primarily
13425	13425	2 engaged in the business of insurance;
13426	13426	3 (ii) a Morris Plan bank; or
13427	13427	4 (iii) an industrial loan company that is not an insured
13428	13428	5 depository institution as defined in Section 3(c)(2) of the
13429	13429	6 Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)) or any
13430	13430	7 successor federal statute.
13431	13431	8 (6) "Federal covered investment adviser" means a person
13432	13432	9 registered under the Investment Advisers Act of 1940.
13433	13433	10 (7) "Federal covered security" means a security that is, or upon
13434	13434	11 completion of a transaction will be, a covered security under
13435	13435	12 Section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)) or
13436	13436	13 rules or regulations adopted under that provision.
13437	13437	14 (8) "Filing" means the receipt under this article of a record by the
13438	13438	15 commissioner or a designee of the commissioner.
13439	13439	16 (9) "Fraud", "fraudulent", "deceit", and "defraud" mean a
13440	13440	17 misrepresentation of a material fact, a promise, representation, or
13441	13441	18 prediction not made honestly or in good faith, or the failure to
13442	13442	19 disclose a material fact necessary in order to make the statements
13443	13443	20 made, in light of the circumstances under which they were made,
13444	13444	21 not misleading. This definition does not limit or diminish the full
13445	13445	22 meaning of the terms as applied by or defined in courts of law or
13446	13446	23 equity. The terms are not limited to common law deceit.
13447	13447	24 (10) "Guaranteed" means guaranteed as to payment of all
13448	13448	25 principal, dividends, and interest.
13449	13449	26 (11) "Institutional investor" means any of the following, whether
13450	13450	27 acting for itself or for others in a fiduciary capacity:
13451	13451	28 (A) a depository institution or international banking
13452	13452	29 institution;
13453	13453	30 (B) an insurance company;
13454	13454	31 (C) a separate account of an insurance company;
13455	13455	32 (D) an investment company as defined in the Investment
13456	13456	33 Company Act of 1940;
13457	13457	34 (E) a broker-dealer registered under the Securities Exchange
13458	13458	35 Act of 1934;
13459	13459	36 (F) an employee pension, profit-sharing, or benefit plan if the
13460	13460	37 plan has total assets in excess of ten million dollars
13461	13461	38 ($10,000,000) or its investment decisions are made by a
13462	13462	39 named fiduciary, as defined in the Employee Retirement
13463	13463	40 Income Security Act of 1974, that is a broker-dealer registered
13464	13464	41 under the Securities Exchange Act of 1934, an investment
13465	13465	42 adviser registered or exempt from registration under the
13466	13466	2024 IN 1267—LS 6912/DI 92 314
13467	13467	1 Investment Advisers Act of 1940, an investment adviser
13468	13468	2 registered under this article, a depository institution, or an
13469	13469	3 insurance company;
13470	13470	4 (G) a plan established and maintained by a state, a political
13471	13471	5 subdivision of a state, or an agency or instrumentality of a state
13472	13472	6 or a political subdivision of a state for the benefit of its
13473	13473	7 employees, if the plan has total assets in excess of ten million
13474	13474	8 dollars ($10,000,000) or its investment decisions are made by
13475	13475	9 a duly designated public official or by a named fiduciary, as
13476	13476	10 defined in the Employee Retirement Income Security Act of
13477	13477	11 1974, that is a broker-dealer registered under the Securities
13478	13478	12 Exchange Act of 1934, an investment adviser registered or
13479	13479	13 exempt from registration under the Investment Advisers Act
13480	13480	14 of 1940, an investment adviser registered under this article, a
13481	13481	15 depository institution, or an insurance company;
13482	13482	16 (H) a trust, if it has total assets in excess of ten million dollars
13483	13483	17 ($10,000,000), its trustee is a depository institution, and its
13484	13484	18 participants are exclusively plans of the types identified in
13485	13485	19 clause (F) or (G), regardless of the size of their assets, except
13486	13486	20 a trust that includes as participants self-directed individual
13487	13487	21 retirement accounts or similar self-directed plans;
13488	13488	22 (I) an organization described in Section 501(c)(3) of the
13489	13489	23 Internal Revenue Code (26 U.S.C. 501(c)(3)), corporation,
13490	13490	24 Massachusetts trust or similar business trust, limited liability
13491	13491	25 company, or partnership, not formed for the specific purpose
13492	13492	26 of acquiring the securities offered, with total assets in excess
13493	13493	27 of ten million dollars ($10,000,000);
13494	13494	28 (J) a small business investment company licensed by the Small
13495	13495	29 Business Administration under Section 301(c) of the Small
13496	13496	30 Business Investment Act of 1958 (15 U.S.C. 681(c)) with total
13497	13497	31 assets in excess of ten million dollars ($10,000,000);
13498	13498	32 (K) a private business development company, as defined in
13499	13499	33 Section 202(a)(22) of the Investment Advisers Act of 1940 (15
13500	13500	34 U.S.C. 80b-2(a)(22)) with total assets in excess of ten million
13501	13501	35 dollars ($10,000,000);
13502	13502	36 (L) a federal covered investment adviser acting for its own
13503	13503	37 account;
13504	13504	38 (M) a "qualified institutional buyer", as defined in Rule
13505	13505	39 144A(a)(1), other than Rule 144A(a)(1)(i)(H), adopted under
13506	13506	40 the Securities Act of 1933 (17 CFR 230.144A);
13507	13507	41 (N) a "major U.S. institutional investor", as defined in Rule
13508	13508	42 15a-6(b)(4)(i) adopted under the Securities Exchange Act of
13509	13509	2024 IN 1267—LS 6912/DI 92 315
13510	13510	1 1934 (17 CFR 240.15a-6);
13511	13511	2 (O) any other person, other than an individual, of institutional
13512	13512	3 character with total assets in excess of ten million dollars
13513	13513	4 ($10,000,000) not organized for the specific purpose of
13514	13514	5 evading this article; or
13515	13515	6 (P) any other person specified by rule adopted or order issued
13516	13516	7 under this article.
13517	13517	8 (12) "Insurance company" means a company organized as an
13518	13518	9 insurance company whose primary business is writing insurance
13519	13519	10 or reinsuring risks underwritten by insurance companies and
13520	13520	11 which is subject to supervision by the insurance commissioner or
13521	13521	12 a similar official or agency of a state.
13522	13522	13 (13) "Insured" means insured as to payment of all principal and
13523	13523	14 all interest.
13524	13524	15 (14) "International banking institution" means an international
13525	13525	16 financial institution of which the United States is a member and
13526	13526	17 whose securities are exempt from registration under the Securities
13527	13527	18 Act of 1933.
13528	13528	19 (15) "Investment adviser" means a person that, for compensation,
13529	13529	20 engages in the business of advising others, either directly or
13530	13530	21 through publications or writings, as to the value of securities or
13531	13531	22 the advisability of investing in, purchasing, or selling securities or
13532	13532	23 that, for compensation and as a part of a regular business, issues
13533	13533	24 or promulgates analyses or reports concerning securities. The
13534	13534	25 term includes a financial planner or other person that, as an
13535	13535	26 integral component of other financially related services, provides
13536	13536	27 investment advice to others for compensation as part of a business
13537	13537	28 or that holds itself out as providing investment advice to others
13538	13538	29 for compensation. The term does not include:
13539	13539	30 (A) an investment adviser representative;
13540	13540	31 (B) a lawyer, accountant, engineer, or teacher whose
13541	13541	32 performance of investment advice is solely incidental to the
13542	13542	33 practice of the person's profession;
13543	13543	34 (C) a broker-dealer or its agents whose performance of
13544	13544	35 investment advice is solely incidental to the conduct of
13545	13545	36 business as a broker-dealer and that does not receive special
13546	13546	37 compensation for the investment advice;
13547	13547	38 (D) a publisher of a bona fide newspaper, news magazine, or
13548	13548	39 business or financial publication of general and regular
13549	13549	40 circulation;
13550	13550	41 (E) a federal covered investment adviser;
13551	13551	42 (F) a bank, a savings institution, or a trust company that is a
13552	13552	2024 IN 1267—LS 6912/DI 92 316
13553	13553	1 wholly owned subsidiary of a bank or savings institution;
13554	13554	2 (G) any other person that is excluded by the Investment
13555	13555	3 Advisers Act of 1940 from the definition of investment
13556	13556	4 adviser; or
13557	13557	5 (H) any other person excluded by rule adopted or order issued
13558	13558	6 under this article.
13559	13559	7 (16) "Investment adviser representative" means an individual
13560	13560	8 employed by or associated with an investment adviser or federal
13561	13561	9 covered investment adviser and who makes any recommendations
13562	13562	10 or otherwise gives investment advice regarding securities,
13563	13563	11 manages accounts or portfolios of clients, determines which
13564	13564	12 recommendation or advice regarding securities should be given,
13565	13565	13 provides investment advice or holds herself or himself out as
13566	13566	14 providing represents that the individual provides investment
13567	13567	15 advice, or supervises employees who perform any of the
13568	13568	16 foregoing. The term does not include an individual who:
13569	13569	17 (A) performs only clerical or ministerial acts;
13570	13570	18 (B) is an agent whose performance of investment advice is
13571	13571	19 solely incidental to the individual acting as an agent and who
13572	13572	20 does not receive special compensation for investment advisory
13573	13573	21 services;
13574	13574	22 (C) is employed by or associated with a federal covered
13575	13575	23 investment adviser, unless the individual has a "place of
13576	13576	24 business" in this state, as that term is defined by rule adopted
13577	13577	25 under Section 203A of the Investment Advisers Act of 1940
13578	13578	26 (15 U.S.C. 80b-3a), and is:
13579	13579	27 (i) an "investment adviser representative", as that term is
13580	13580	28 defined by rule adopted under Section 203A of the
13581	13581	29 Investment Advisers Act of 1940 (15 U.S.C. 80b-3a); or
13582	13582	30 (ii) not a "supervised person", as that term is defined in
13583	13583	31 Section 202(a)(25) of the Investment Advisers Act of 1940
13584	13584	32 (15 U.S.C. 80b-2(a)(25)); or
13585	13585	33 (D) is excluded by rule adopted or order issued under this
13586	13586	34 article.
13587	13587	35 (17) "Issuer" means a person that issues or proposes to issue a
13588	13588	36 security, subject to the following:
13589	13589	37 (A) The issuer of a voting trust certificate, collateral trust
13590	13590	38 certificate, certificate of deposit for a security, or share in an
13591	13591	39 investment company without a board of directors or
13592	13592	40 individuals performing similar functions is the person
13593	13593	41 performing the acts and assuming the duties of depositor or
13594	13594	42 manager under the trust or other agreement or instrument
13595	13595	2024 IN 1267—LS 6912/DI 92 317
13596	13596	1 under which the security is issued.
13597	13597	2 (B) The issuer of an equipment trust certificate or similar
13598	13598	3 security serving the same purpose is the person by which the
13599	13599	4 property is or will be used or to which the property or
13600	13600	5 equipment is or will be leased or conditionally sold or that is
13601	13601	6 otherwise contractually responsible for assuring payment of
13602	13602	7 the certificate.
13603	13603	8 (C) The issuer of a fractional undivided interest in an oil, gas,
13604	13604	9 or other mineral lease or in payments out of production under
13605	13605	10 a lease, right, or royalty is the owner of an interest in the lease
13606	13606	11 or in payments out of production under a lease, right, or
13607	13607	12 royalty, whether whole or fractional, that creates fractional
13608	13608	13 interests for the purpose of sale.
13609	13609	14 (18) "Nonissuer transaction" or "nonissuer distribution" means a
13610	13610	15 transaction or distribution not directly or indirectly for the benefit
13611	13611	16 of the issuer.
13612	13612	17 (19) "Offer to purchase" includes an attempt or offer to obtain, or
13613	13613	18 solicitation of an offer to sell, a security or interest in a security
13614	13614	19 for value. The term does not include a tender offer that is subject
13615	13615	20 to Section 14(d) of the Securities Exchange Act of 1934 (15
13616	13616	21 U.S.C. 78n(d)).
13617	13617	22 (20) "Person" means an individual; corporation; business trust;
13618	13618	23 estate; trust; partnership; limited liability company; association;
13619	13619	24 joint venture; government; governmental subdivision, agency, or
13620	13620	25 instrumentality; public corporation; or any other legal or
13621	13621	26 commercial entity.
13622	13622	27 (21) "Place of business" of a broker-dealer, an investment adviser,
13623	13623	28 or a federal covered investment adviser means:
13624	13624	29 (A) an office at which the broker-dealer, investment adviser,
13625	13625	30 or federal covered investment adviser regularly provides
13626	13626	31 brokerage or investment advice or solicits, meets with, or
13627	13627	32 otherwise communicates with customers or clients; or
13628	13628	33 (B) any other location that is held out to the general public as
13629	13629	34 a location at which the broker-dealer, investment adviser, or
13630	13630	35 federal covered investment adviser provides brokerage or
13631	13631	36 investment advice or solicits, meets with, or otherwise
13632	13632	37 communicates with customers or clients.
13633	13633	38 (22) "Predecessor act" means IC 23-2-1 (before its repeal).
13634	13634	39 (23) "Price amendment" means the amendment to a registration
13635	13635	40 statement filed under the Securities Act of 1933 or, if an
13636	13636	41 amendment is not filed, the prospectus or prospectus supplement
13637	13637	42 filed under the Securities Act of 1933 that includes a statement of
13638	13638	2024 IN 1267—LS 6912/DI 92 318
13639	13639	1 the offering price, underwriting and selling discounts or
13640	13640	2 commissions, amount of proceeds, conversion rates, call prices,
13641	13641	3 and other matters dependent upon the offering price.
13642	13642	4 (24) "Principal place of business" of a broker-dealer or an
13643	13643	5 investment adviser means the executive office of the
13644	13644	6 broker-dealer or investment adviser from which the officers,
13645	13645	7 partners, or managers of the broker-dealer or investment adviser
13646	13646	8 direct, control, and coordinate the activities of the broker-dealer
13647	13647	9 or investment adviser.
13648	13648	10 (25) "Record", except in the phrases "of record", "official record",
13649	13649	11 and "public record", means information that is inscribed on a
13650	13650	12 tangible medium or that is stored in an electronic or other medium
13651	13651	13 and is retrievable in perceivable form.
13652	13652	14 (26) "Sale" includes every contract of sale, contract to sell, or
13653	13653	15 disposition of a security or interest in a security for value, and
13654	13654	16 "offer to sell" includes every attempt or offer to dispose of, or
13655	13655	17 solicitation of an offer to purchase, a security or interest in a
13656	13656	18 security for value. Both terms include:
13657	13657	19 (A) a security given or delivered with, or as a bonus on
13658	13658	20 account of, a purchase of securities or any other thing
13659	13659	21 constituting part of the subject of the purchase and having
13660	13660	22 been offered and sold for value;
13661	13661	23 (B) a gift of assessable stock involving an offer and sale; and
13662	13662	24 (C) a sale or offer of a warrant or right to purchase or
13663	13663	25 subscribe to another security of the same or another issuer and
13664	13664	26 a sale or offer of a security that gives the holder a present or
13665	13665	27 future right or privilege to convert the security into another
13666	13666	28 security of the same or another issuer, including an offer of the
13667	13667	29 other security.
13668	13668	30 (27) "Securities and Exchange Commission" means the United
13669	13669	31 States Securities and Exchange Commission.
13670	13670	32 (28) "Security" means a note; stock; treasury stock; security
13671	13671	33 future; bond; debenture; evidence of indebtedness; certificate of
13672	13672	34 interest or participation in a profit-sharing agreement; collateral
13673	13673	35 trust certificate; preorganization certificate or subscription;
13674	13674	36 transferable share; investment contract; voting trust certificate;
13675	13675	37 certificate of deposit for a security; fractional undivided interest
13676	13676	38 in oil, gas, or other mineral rights; put, call, straddle, option, or
13677	13677	39 privilege on a security, certificate of deposit, or group or index of
13678	13678	40 securities, including an interest therein or based on the value
13679	13679	41 thereof; put, call, straddle, option, or privilege entered into on a
13680	13680	42 national securities exchange relating to foreign currency; or, in
13681	13681	2024 IN 1267—LS 6912/DI 92 319
13682	13682	1 general, an interest or instrument commonly known as a
13683	13683	2 "security"; or a certificate of interest or participation in, temporary
13684	13684	3 or interim certificate for, receipt for, guarantee of, or warrant or
13685	13685	4 right to subscribe to or purchase, any of the foregoing. The term:
13686	13686	5 (A) includes both a certificated and an uncertificated security;
13687	13687	6 (B) does not include an insurance or endowment policy or
13688	13688	7 annuity contract under which an insurance company promises
13689	13689	8 to pay a fixed or variable sum of money either in a lump sum
13690	13690	9 or periodically for life or another specified period;
13691	13691	10 (C) does not include an interest in a contributory or
13692	13692	11 noncontributory pension or welfare plan subject to the
13693	13693	12 Employee Retirement Income Security Act of 1974;
13694	13694	13 (D) includes as an "investment contract" an investment in a
13695	13695	14 common enterprise with the expectation of profits to be
13696	13696	15 derived primarily from the efforts of a person other than the
13697	13697	16 investor and a "common enterprise" means an enterprise in
13698	13698	17 which the fortunes of the investor are interwoven with those of
13699	13699	18 either the person offering the investment, a third party, or other
13700	13700	19 investors; and
13701	13701	20 (E) includes as an "investment contract", among other
13702	13702	21 contracts, an interest in a limited partnership and a limited
13703	13703	22 liability company and an investment in a viatical settlement or
13704	13704	23 similar agreement.
13705	13705	24 (29) "Self-regulatory organization" means a national securities
13706	13706	25 exchange registered under the Securities Exchange Act of 1934,
13707	13707	26 a national securities association of broker-dealers registered under
13708	13708	27 the Securities Exchange Act of 1934, a clearing agency registered
13709	13709	28 under the Securities Exchange Act of 1934, or the Municipal
13710	13710	29 Securities Rulemaking Board established under the Securities
13711	13711	30 Exchange Act of 1934.
13712	13712	31 (30) "Sign" means, with present intent to authenticate or adopt a
13713	13713	32 record:
13714	13714	33 (A) to execute or adopt a tangible symbol; or
13715	13715	34 (B) to attach or logically associate with the record an
13716	13716	35 electronic symbol, sound, or process.
13717	13717	36 (31) "Third party solicitor" means a person that, for
13718	13718	37 compensation, directly or indirectly, solicits a client for or refers
13719	13719	38 a client to an investment adviser, a federal covered investment
13720	13720	39 adviser, or an investment adviser representative. The term does
13721	13721	40 not include the following:
13722	13722	41 (A) An employee subject to the supervision and control of an
13723	13723	42 investment adviser registered under IC 23-19-4-3.
13724	13724	2024 IN 1267—LS 6912/DI 92 320
13725	13725	1 (B) A "supervised person", as defined in Section 202(a)(25) of
13726	13726	2 the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(25)).
13727	13727	3 (C) A partner, officer, director, or employee of a person that
13728	13728	4 controls, is controlled by, or is under common control with an
13729	13729	5 investment adviser or a federal covered investment adviser.
13730	13730	6 (D) An individual excluded by a rule adopted or order issued
13731	13731	7 under this article.
13732	13732	8 (32) "State" means a state of the United States, the District of
13733	13733	9 Columbia, Puerto Rico, the United States Virgin Islands, or any
13734	13734	10 territory or insular possession subject to the jurisdiction of the
13735	13735	11 United States.
13736	13736	12 (33) "Accredited investor" has the meaning set forth in 17 CFR
13737	13737	13 230.501(a).
13738	13738	14 SECTION 521. IC 24-2-1-12, AS AMENDED BY P.L.135-2006,
13739	13739	15 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13740	13740	16 JULY 1, 2024]: Sec. 12. (a) A person who shall for himself or herself,
13741	13741	17 the person's own use, or on behalf of any other person, procure the
13742	13742	18 filing or registration of any mark in the office of the secretary under
13743	13743	19 this chapter by knowingly making a false or fraudulent representation
13744	13744	20 or declaration orally, in writing, or by other fraudulent means, is liable
13745	13745	21 for all damages sustained in consequence of the filing or registration.
13746	13746	22 (b) The damages may be recovered by or on behalf of the injured
13747	13747	23 party in a court of competent jurisdiction.
13748	13748	24 SECTION 522. IC 24-4-4-1 IS AMENDED TO READ AS
13749	13749	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. It shall be unlawful
13750	13750	26 for any person, firm, limited liability company, or corporation, by
13751	13751	27 himself or itself, or by his or its servants or as the servant or agent of
13752	13752	28 another, to sell or offer for sale or delivery at retail any coal or coke
13753	13753	29 which is sold by weight, unless each such delivery is accompanied by
13754	13754	30 a delivery ticket and a duplicate thereof, upon each of which tickets and
13755	13755	31 duplicates thereof shall be written or otherwise indicated:
13756	13756	32 (a) the name and address of the person, firm, limited liability
13757	13757	33 company, corporation, or association selling and delivering or
13758	13758	34 attempting to sell or deliver such commodity;
13759	13759	35 (b) the gross weight of the load, the tare weight of the delivering
13760	13760	36 vehicle, and the net amount in weight of the commodity being
13761	13761	37 delivered in such vehicle;
13762	13762	38 (c) the name or identifying initials of the party who weighed it;
13763	13763	39 (d) the state in which the coal was mined, the name of the coal,
13764	13764	40 brand or trade name, if any;
13765	13765	41 (e) the number of the vein or seam from which the coal was taken;
13766	13766	42 and
13767	13767	2024 IN 1267—LS 6912/DI 92 321
13768	13768	1 (f) the size and grade thereof, which size of all grades must be
13769	13769	2 designated according to the openings in the screens over and
13770	13770	3 through which each such size of coal is made at the place of
13771	13771	4 production.
13772	13772	5 One (1) of such delivery tickets or the duplicate thereof shall be
13773	13773	6 delivered and surrendered to the person or persons in charge of the
13774	13774	7 delivery of such load of commodities to the purchaser thereof or to his
13775	13775	8 the person's agent or representative, and the other ticket or duplicate
13776	13776	9 shall be retained by the person, firm, limited liability company, or
13777	13777	10 corporation making such sale for a period of not less than twelve (12)
13778	13778	11 months from date of sale. All coal or coke so sold or delivered shall
13779	13779	12 consist of the kind, quality, and weight in all respects as described and
13780	13780	13 indicated in such delivery ticket and duplicate thereof, and it shall
13781	13781	14 constitute a violation of this chapter to sell or deliver or substitute any
13782	13782	15 other kind and quality or weight of coal or coke than that so described
13783	13783	16 and indicated, and proof of the sale, delivery, or substitution of any coal
13784	13784	17 or coke which is not of the kind, quality, and weight so described and
13785	13785	18 indicated shall constitute prima facie evidence and proof of intent to
13786	13786	19 violate this section.
13787	13787	20 SECTION 523. IC 24-4-4-7 IS AMENDED TO READ AS
13788	13788	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. It shall be unlawful
13789	13789	22 for any person, firm, limited liability company, or corporation, by
13790	13790	23 himself or itself, or by his or its agent or servant, or as agent or servant
13791	13791	24 of another, to advertise by any false statement, either oral or written, or
13792	13792	25 to publish or display any false sign, printing, or writing concerning the
13793	13793	26 grade, size, quality, vein or seam, brand or trade name, name of mine
13794	13794	27 in which produced, or origin of such coal or coke sold or delivered, or
13795	13795	28 offered by him, it, or them for sale or delivery. For the purpose of this
13796	13796	29 chapter, the term "size" where used in reference to coal shall be
13797	13797	30 construed to mean the various grades into which coal is screened,
13798	13798	31 namely, lump, block, egg, nut, and screenings, and the size of all such
13799	13799	32 grades of coal must be designated according to the openings in the
13800	13800	33 screens over and through which each such size of coal is made at the
13801	13801	34 place of production. Abbreviations or words, terms, or phrases
13802	13802	35 describing the size, preparation, or origin of coal or coke shall not be
13803	13803	36 included in any advertisement as mentioned in this chapter. Any
13804	13804	37 person, firm, limited liability company, or corporation violating any of
13805	13805	38 the provisions of this section shall be subject to the provisions of
13806	13806	39 section 5 of this chapter.
13807	13807	40 SECTION 524. IC 24-6-3-8 IS AMENDED TO READ AS
13808	13808	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The division of
13809	13809	42 weights and measures, the division's deputies and inspectors, and the
13810	13810	2024 IN 1267—LS 6912/DI 92 322
13811	13811	1 county and city inspectors of weights and measures are hereby made
13812	13812	2 special policemen police officers and are authorized and empowered
13813	13813	3 to arrest without formal warrant for any violation of the statutes in
13814	13814	4 relation to scales, weights and measures, and to seize and use for
13815	13815	5 evidence and without formal warrant any false weight, scales, measure,
13816	13816	6 or weighing or measuring device, or packages or amounts of
13817	13817	7 commodities found to be used, retained or offered or exposed for sale
13818	13818	8 or sold in violation of law.
13819	13819	9 SECTION 525. IC 24-6-6-2 IS AMENDED TO READ AS
13820	13820	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Every person, firm,
13821	13821	11 limited liability company, or corporation who, by himself itself or by
13822	13822	12 his its agent or employee, packs or repacks fresh fruits or vegetables in
13823	13823	13 containers intended for sale, either privately or on the open market,
13824	13824	14 shall cause the same to be marked in a plain and indelible manner, as
13825	13825	15 follows:
13826	13826	16 (1) With his the person's full name and address, including the
13827	13827	17 name of the state where such fresh fruits and vegetables are
13828	13828	18 grown or packed.
13829	13829	19 (2) The net contents, by weight, if not in a standard container built
13830	13830	20 in accordance with the specifications of the federal or state
13831	13831	21 standard container act, in which case the cubical contents shall be
13832	13832	22 sufficient.
13833	13833	23 (3) The grade, in accordance with the standards established by
13834	13834	24 this act.
13835	13835	25 All markings shall be in letters not less than one-half (1/2) of an inch
13836	13836	26 in height.
13837	13837	27 SECTION 526. IC 25-2.1-2-6 IS AMENDED TO READ AS
13838	13838	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Each year the
13839	13839	29 board shall elect a member as chairman. chairperson.
13840	13840	30 (b) The board may annually elect a member to fill an office that the
13841	13841	31 board determines is appropriate.
13842	13842	32 SECTION 527. IC 25-4-1-3, AS AMENDED BY P.L.249-2019,
13843	13843	33 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13844	13844	34 JULY 1, 2024]: Sec. 3. The board shall organize by the election of a
13845	13845	35 chairman chairperson and vice chairman, chairperson, each of whom
13846	13846	36 shall serve for a term of one (1) year. The first meeting of the board
13847	13847	37 shall be held within thirty (30) days after the members thereof shall
13848	13848	38 have been appointed, on call of the chairman chairperson of the board.
13849	13849	39 Thereafter, the board shall hold at least two (2) regular meetings each
13850	13850	40 year and may hold such special meetings, as the board in its discretion
13851	13851	41 considers necessary or advisable. The time for holding the regular
13852	13852	42 meetings, the method of calling special meetings and the manner of
13853	13853	2024 IN 1267—LS 6912/DI 92 323
13854	13854	1 giving notice of all meetings shall be prescribed in the bylaws of the
13855	13855	2 board. A quorum of the board consists of a majority of the appointed
13856	13856	3 members. Approval by a majority of all members of the board shall be
13857	13857	4 required for action to be taken. The board shall adopt official seals
13858	13858	5 representing the different professions that shall be affixed to all
13859	13859	6 certificates of registration granted and issued as provided in this
13860	13860	7 chapter. Subject to the approval of the governor, the board is hereby
13861	13861	8 authorized to make bylaws and prescribe and promulgate rules as
13862	13862	9 considered necessary in the performance of its duty. The board shall
13863	13863	10 adopt rules establishing standards for the competent practice of
13864	13864	11 architecture and landscape architecture, and for the administration of
13865	13865	12 the registered architects and registered landscape architects
13866	13866	13 investigative fund established by section 32 of this chapter. Suitable
13867	13867	14 office quarters shall be provided for the use of the board in the city of
13868	13868	15 Indianapolis.
13869	13869	16 SECTION 528. IC 25-6.1-2-2, AS AMENDED BY P.L.177-2015,
13870	13870	17 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13871	13871	18 JULY 1, 2024]: Sec. 2. (a) The commission shall, at its first meeting
13872	13872	19 each year, at a time and place established by the chairman,
13873	13873	20 chairperson, conduct an election of officers and such other business
13874	13874	21 as may be appropriate. The commission shall also meet upon the call
13875	13875	22 of the chairman chairperson or upon the request of any two (2)
13876	13876	23 members of the commission. The secretary shall provide reasonable
13877	13877	24 notice of the time and place of each meeting to all members.
13878	13878	25 (b) Three (3) members constitute a quorum for the purpose of
13879	13879	26 transacting business. A majority vote of the commission is necessary
13880	13880	27 to bind the commission.
13881	13881	28 SECTION 529. IC 25-6.1-2-3, AS AMENDED BY P.L.177-2015,
13882	13882	29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13883	13883	30 JULY 1, 2024]: Sec. 3. (a) At the first meeting held each year, the
13884	13884	31 commission shall elect from its membership a chairman chairperson
13885	13885	32 and a vice chairman. chairperson. Each officer shall serve for a term
13886	13886	33 of one (1) year and until the officer's successor is elected.
13887	13887	34 (b) The chairman chairperson shall preside at all meetings of the
13888	13888	35 commission.
13889	13889	36 (c) The vice chairman chairperson shall act as presiding officer in
13890	13890	37 the absence of the chairman chairperson and shall perform such other
13891	13891	38 duties as the chairman chairperson may direct.
13892	13892	39 (d) The commission shall be provided with an executive secretary
13893	13893	40 by the licensing agency. The person provided may not be a member of
13894	13894	41 the commission.
13895	13895	42 (e) The executive secretary, through the licensing agency, shall:
13896	13896	2024 IN 1267—LS 6912/DI 92 324
13897	13897	1 (1) notify all members of meetings;
13898	13898	2 (2) keep a record of all meetings of the commission, votes taken
13899	13899	3 by the commission, and other proceedings, transactions,
13900	13900	4 communications, official acts, and records of the commission; and
13901	13901	5 (3) perform other duties as the chairman chairperson directs.
13902	13902	6 SECTION 530. IC 25-6.1-3-1, AS AMENDED BY P.L.59-2014,
13903	13903	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13904	13904	8 JULY 1, 2024]: Sec. 1. Coverage. (a) Except as provided in subsection
13905	13905	9 (b), no individual may act as an auctioneer and no person may operate
13906	13906	10 an auction company without obtaining and having in full force and
13907	13907	11 effect a valid license issued by the commission in accordance with this
13908	13908	12 chapter.
13909	13909	13 (b) The requirements of this article do not apply to:
13910	13910	14 (1) An auction of goods or real estate conducted exclusively by
13911	13911	15 individuals who personally own such goods or real estate and who
13912	13912	16 did not acquire such goods or real estate for resale.
13913	13913	17 (2) An auction conducted by or under the direction of any public
13914	13914	18 authority.
13915	13915	19 (3) An auction conducted pursuant to any judicial order or to the
13916	13916	20 settlement of a decedent's estate.
13917	13917	21 (4) A sale conducted by or on behalf of any political party,
13918	13918	22 church, charitable corporation, or association if the individual
13919	13919	23 conducting the sale receives no compensation and does not, by
13920	13920	24 advertising or otherwise, hold himself or herself out as being
13921	13921	25 available represent availability to others to engage in the sale
13922	13922	26 of goods or real estate at auction.
13923	13923	27 SECTION 531. IC 25-10-1-1.5, AS AMENDED BY P.L.249-2019,
13924	13924	28 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13925	13925	29 JULY 1, 2024]: Sec. 1.5. (a) There is created a board of chiropractic
13926	13926	30 examiners. The board shall consist of five (5) members appointed by
13927	13927	31 the governor, not more than three (3) of whom may be affiliated with
13928	13928	32 the same political party. Subject to IC 25-1-6.5-3, four (4) of the board
13929	13929	33 members must be licensed under this chapter and must have had at
13930	13930	34 least five (5) years of experience as a chiropractor prior to their
13931	13931	35 appointment. Subject to IC 25-1-6.5-3, one (1) member is to represent
13932	13932	36 the general public and must be:
13933	13933	37 (1) a resident of this state; and
13934	13934	38 (2) in no way associated with the profession of chiropractic other
13935	13935	39 than as a consumer.
13936	13936	40 (b) All members appointed before July 1, 2019, shall be appointed
13937	13937	41 for a term of three (3) years and serve until their successors are
13938	13938	42 appointed and qualified.
13939	13939	2024 IN 1267—LS 6912/DI 92 325
13940	13940	1 (c) Members appointed after June 30, 2019, are appointed under
13941	13941	2 IC 25-1-6.5.
13942	13942	3 (d) A member of the board may be removed under IC 25-1-6.5-4.
13943	13943	4 (e) The members of the board are entitled to the minimum salary per
13944	13944	5 diem provided by IC 4-10-11-2.1(b). Members are also entitled to
13945	13945	6 reimbursement for traveling expenses as provided under IC 4-13-1-4
13946	13946	7 and other expenses actually incurred in connection with the member's
13947	13947	8 duties as provided in the state policies and procedures established by
13948	13948	9 the Indiana department of administration and approved by the budget
13949	13949	10 agency.
13950	13950	11 (f) The members of the board shall organize by the election of a
13951	13951	12 chairman chairperson and a vice chairman chairperson from among
13952	13952	13 its membership. The officers serve for a term of one (1) year. The board
13953	13953	14 shall meet at least once each year and on other occasions as it considers
13954	13954	15 necessary and advisable. A meeting of the board may be called by its
13955	13955	16 chairman chairperson or by a majority of the members on the board.
13956	13956	17 Three (3) members of the board constitute a quorum for the transaction
13957	13957	18 of business. All decisions are required to be made by a majority vote of
13958	13958	19 the quorum.
13959	13959	20 (g) The agency shall provide a secretary of the board and other
13960	13960	21 personnel necessary for the proper performance of the board's duties
13961	13961	22 and responsibilities under this chapter. The board, through the agency,
13962	13962	23 shall receive and account for all money collected under this chapter and
13963	13963	24 pay the money to the treasurer of state to be deposited by the treasurer
13964	13964	25 in the general fund of the state.
13965	13965	26 (h) The board may do the following:
13966	13966	27 (1) Establish reasonable application, examination, and renewal
13967	13967	28 procedures for certification under this chapter.
13968	13968	29 (2) Use an examination under this chapter that is designed by the
13969	13969	30 board, designed by another person, or designed in part by the
13970	13970	31 board and in part by another person.
13971	13971	32 (3) Conduct in the manner prescribed by the board examinations
13972	13972	33 of applicants for certification under this chapter. The board may
13973	13973	34 conduct any part of the examinations through a person other than
13974	13974	35 the agency who is approved by the board. The agency may
13975	13975	36 conduct any part of the examinations under IC 25-1-5-4.
13976	13976	37 (4) Issue, deny, suspend, revoke, and renew certificates.
13977	13977	38 (5) Subject to IC 25-1-7, investigate and conduct hearings, upon
13978	13978	39 complaint against individuals certified or not certified under this
13979	13979	40 chapter, concerning alleged violation of this chapter with hearings
13980	13980	41 to be conducted in accordance with IC 4-21.5.
13981	13981	42 (6) Initiate the prosecution and enjoinder of a person violating this
13982	13982	2024 IN 1267—LS 6912/DI 92 326
13983	13983	1 chapter.
13984	13984	2 (7) Adopt rules necessary for the proper performance of the
13985	13985	3 board's duties, in accordance with IC 4-22-2.
13986	13986	4 (8) Maintain a current list of individuals certified under this
13987	13987	5 chapter.
13988	13988	6 (9) Establish a code of professional conduct.
13989	13989	7 (10) Adopt rules under IC 4-22-2 to allow chiropractors licensed
13990	13990	8 under this chapter to delegate the manual manipulation, manual
13991	13991	9 adjustment, or manual mobilization of the spinal column or the
13992	13992	10 vertebral column under section 14(c)(4) of this chapter.
13993	13993	11 (11) Adopt rules under IC 4-22-2 establishing standards for the
13994	13994	12 registration and regulation of chiropractic management
13995	13995	13 consultants (as defined by the board under IC 25-10-2).
13996	13996	14 (12) Set fees for the annual registration of a chiropractic
13997	13997	15 management consultant under IC 25-10-2.
13998	13998	16 (13) Adopt rules under IC 4-22-2 establishing health and
13999	13999	17 sanitation standards that conform to public health standards for
14000	14000	18 dry needling.
14001	14001	19 (i) The board shall adopt rules establishing standards for the
14002	14002	20 competent practice of the science of the chiropractic in accordance
14003	14003	21 with IC 4-22-2.
14004	14004	22 (j) All expenses incurred in the administration of this chapter shall
14005	14005	23 be paid from the state general fund upon appropriation being made in
14006	14006	24 the manner provided by law for the making of appropriations.
14007	14007	25 SECTION 532. IC 25-13-1-11, AS AMENDED BY P.L.35-2020,
14008	14008	26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14009	14009	27 JULY 1, 2024]: Sec. 11. A person is deemed to be practicing dental
14010	14010	28 hygiene within the meaning of this chapter who:
14011	14011	29 (1) uses the titles "Licensed Dental Hygienist", "Dental
14012	14012	30 Hygienist", or the letters "L.D.H.", "R.D.H.", or "D.H." in
14013	14013	31 connection with his or her the person's name;
14014	14014	32 (2) holds himself or herself out represents to the public in any
14015	14015	33 manner that he or she the person can or will render services as a
14016	14016	34 dental hygienist;
14017	14017	35 (3) removes calcific deposits or accretions from the surfaces of
14018	14018	36 human teeth or cleans or polishes such teeth;
14019	14019	37 (4) applies and uses within the patient's mouth such antiseptic
14020	14020	38 sprays, washes, or medicaments for the control or prevention of
14021	14021	39 dental caries as his or her the person's employer dentist may
14022	14022	40 direct;
14023	14023	41 (5) treats gum disease;
14024	14024	42 (6) uses impressions and x-ray photographs for treatment
14025	14025	2024 IN 1267—LS 6912/DI 92 327
14026	14026	1 purposes; or
14027	14027	2 (7) administers local dental anesthetics or nitrous oxide, except
14028	14028	3 for the administration of local dental anesthetics or nitrous oxide
14029	14029	4 by:
14030	14030	5 (A) a dentist as provided in IC 25-14-1-23(a)(6);
14031	14031	6 (B) a physician licensed under IC 25-22.5; or
14032	14032	7 (C) a dental assistant (as defined in IC 25-14-1-1.5(4)) in
14033	14033	8 compliance with section 10.7 of this chapter.
14034	14034	9 SECTION 533. IC 25-15-9-2, AS AMENDED BY P.L.249-2019,
14035	14035	10 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14036	14036	11 JULY 1, 2024]: Sec. 2. (a) The board consists of five (5) members as
14037	14037	12 follows:
14038	14038	13 (1) Four (4) members appointed by the governor.
14039	14039	14 (2) Subject to IC 25-1-6.5-3, one (1) member who must:
14040	14040	15 (A) be a resident of Indiana; and
14041	14041	16 (B) not be associated with the practice of funeral service or
14042	14042	17 cemetery operation other than as a consumer.
14043	14043	18 (b) Members are appointed under IC 25-1-6.5.
14044	14044	19 (c) A member of the board may be removed under IC 25-1-6.5-4.
14045	14045	20 (d) The board shall elect a chairman chairperson from the board's
14046	14046	21 own membership every two (2) years to serve a term of two (2) years.
14047	14047	22 The chairman chairperson shall be elected alternately from those
14048	14048	23 board members appointed under sections 3 and 4 of this chapter.
14049	14049	24 SECTION 534. IC 25-17.6-2-8, AS AMENDED BY P.L.108-2022,
14050	14050	25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14051	14051	26 JULY 1, 2024]: Sec. 8. (a) The board shall elect from its members a
14052	14052	27 chairman chairperson each year.
14053	14053	28 (b) The board shall elect a secretary each year. The secretary is not
14054	14054	29 required to be elected from the members of the board.
14055	14055	30 SECTION 535. IC 25-17.6-3-1, AS AMENDED BY P.L.108-2022,
14056	14056	31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14057	14057	32 JULY 1, 2024]: Sec. 1. (a) The board shall meet:
14058	14058	33 (1) at least two (2) times each calendar year; and
14059	14059	34 (2) at other times considered necessary by:
14060	14060	35 (A) the chairman; chairperson; or
14061	14061	36 (B) a quorum of the board;
14062	14062	37 upon being given at least ten (10) days notice.
14063	14063	38 (b) Each year the board shall:
14064	14064	39 (1) determine the cost incurred by the survey in administering the
14065	14065	40 program for the licensure of professional geologists under this
14066	14066	41 article; and
14067	14067	42 (2) if necessary, adjust the amount of the:
14068	14068	2024 IN 1267—LS 6912/DI 92 328
14069	14069	1 (A) licensure fee charged under IC 25-17.6-4-7; and
14070	14070	2 (B) renewal fee charged under IC 25-17.6-5-2;
14071	14071	3 to ensure that the program is self-supporting.
14072	14072	4 SECTION 536. IC 25-21.5-2-8 IS AMENDED TO READ AS
14073	14073	5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Each year the
14074	14074	6 board shall elect a member as chairman chairperson and a member as
14075	14075	7 vice chairman. chairperson.
14076	14076	8 (b) If the chairman chairperson and vice chairman chairperson are
14077	14077	9 absent from a meeting of the board when a quorum exists, the members
14078	14078	10 who are present may elect a presiding officer who shall serve as acting
14079	14079	11 chairman chairperson until the conclusion of the meeting or until the
14080	14080	12 arrival of the chairman chairperson or vice chairman. chairperson.
14081	14081	13 SECTION 537. IC 25-21.5-7-2, AS AMENDED BY P.L.57-2013,
14082	14082	14 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14083	14083	15 JULY 1, 2024]: Sec. 2. (a) The board shall issue a certificate of
14084	14084	16 enrollment as a surveyor intern upon the payment of the certificate fee
14085	14085	17 prescribed in this chapter to any applicant who, in the opinion of the
14086	14086	18 board, has satisfactorily met all of the requirements of this article.
14087	14087	19 (b) A certificate of enrollment as a surveyor intern must state that
14088	14088	20 the applicant has successfully passed the examination in fundamental
14089	14089	21 surveying subjects required by the board and has been enrolled as a
14090	14090	22 surveyor intern. A certificate of enrollment must:
14091	14091	23 (1) show the full name of the surveyor intern;
14092	14092	24 (2) bear a serial number and date; and
14093	14093	25 (3) be signed by the chairman chairperson and the secretary,
14094	14094	26 under the seal of the board.
14095	14095	27 (c) The issuance of a certificate by the board is evidence that the
14096	14096	28 person named on the certificate is entitled to all the rights and
14097	14097	29 privileges of a surveyor intern until the certificate expires or is revoked.
14098	14098	30 SECTION 538. IC 25-23.6-2-5 IS AMENDED TO READ AS
14099	14099	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The board shall elect
14100	14100	32 a chairman chairperson from among the members of the board for a
14101	14101	33 one (1) year term. An individual may not be elected as chairman
14102	14102	34 chairperson for more than two (2) consecutive one (1) year terms.
14103	14103	35 SECTION 539. IC 25-24-1-17 IS AMENDED TO READ AS
14104	14104	36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. The following are
14105	14105	37 unlawful and a violation of this chapter:
14106	14106	38 (1) For any person or persons to open an office for the purpose of
14107	14107	39 practicing optometry in this state, or to announce to the public in
14108	14108	40 any way an intention to practice optometry in any county in this
14109	14109	41 state, without first having obtained a license from the board.
14110	14110	42 (2) For any person or persons, except a licensed optometrist or
14111	14111	2024 IN 1267—LS 6912/DI 92 329
14112	14112	1 optometrists under this chapter whose licenses have not been
14113	14113	2 revoked or lapsed, to hold himself out represent to others by the
14114	14114	3 use of any sign, newspaper, advertisement, pamphlet, circular, or
14115	14115	4 any other means as qualified to practice optometry.
14116	14116	5 (3) For any person or persons, except a licensed optometrist or
14117	14117	6 optometrists under this chapter whose licenses have not been
14118	14118	7 revoked or lapsed, to have possession of any trial lenses, trial
14119	14119	8 frames, graduated test cards, or other appliances or instruments
14120	14120	9 used in the practice of optometry for the purpose of rendering
14121	14121	10 assistance to patrons in the selection of contact lenses, lenses, or
14122	14122	11 eyeglasses, or to sell ophthalmic lenses or to replace broken
14123	14123	12 contact lenses or lenses in eyeglasses except upon the prescription
14124	14124	13 of a regularly licensed optometrist, or a physician and surgeon
14125	14125	14 exempted by this chapter. An ophthalmic lens, within the meaning
14126	14126	15 of this chapter, is any lens which has a spherical or cylindrical or
14127	14127	16 prismatic power or value and is ground pursuant to a prescription.
14128	14128	17 (4) For any person, not licensed under this chapter or who has not
14129	14129	18 paid the annual renewal fee as in this chapter provided to be paid,
14130	14130	19 to practice optometry as defined in this chapter.
14131	14131	20 SECTION 540. IC 25-26-13-29, AS AMENDED BY P.L.209-2018,
14132	14132	21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14133	14133	22 JULY 1, 2024]: Sec. 29. (a) It is unlawful:
14134	14134	23 (1) For any person to display or permit to be displayed, a
14135	14135	24 pharmacy permit in any facility or place of business other than
14136	14136	25 that for which it was issued.
14137	14137	26 (2) For any person to accept a prescription for filling or
14138	14138	27 compounding at any place or facility for which there is not a valid
14139	14139	28 pharmacy permit.
14140	14140	29 (3) For any person to operate a pharmacy or to take, assume,
14141	14141	30 exhibit, display, or advertise by any medium, the title "drugs",
14142	14142	31 "prescriptions", "medicine", "drug store", "pharmacy", or
14143	14143	32 "apothecary shop", or any combination of such titles or any other
14144	14144	33 title, symbol, term, or description of like import intended to cause
14145	14145	34 the public to believe that it is a pharmacy unless the person holds
14146	14146	35 a valid pharmacy permit.
14147	14147	36 (4) For any person to engage or offer to engage in the practice of
14148	14148	37 pharmacy or to hold himself or herself oneself out as a pharmacist
14149	14149	38 without a valid pharmacist's license that is classified as active by
14150	14150	39 the board.
14151	14151	40 (b) A person who violates a provision of subsection (a) commits a
14152	14152	41 Level 6 felony.
14153	14153	42 (c) Nothing in this chapter shall apply to, nor in any manner
14154	14154	2024 IN 1267—LS 6912/DI 92 330
14155	14155	1 interfere with the business of a general merchant in selling and
14156	14156	2 distributing nonnarcotic, nonprescription medicines or drugs which are
14157	14157	3 prepackaged, fully prepared by the manufacturer for use by the
14158	14158	4 consumer, and labeled in accordance with the requirements of the state
14159	14159	5 and federal food and drug acts.
14160	14160	6 (d) This chapter does not apply to, or in any manner interfere with,
14161	14161	7 the business of a manufacturer in selling and delivering a dialysate
14162	14162	8 drug or a device that is necessary for home peritoneal renal dialysis for
14163	14163	9 a patient who has end stage renal disease if all of the following apply:
14164	14164	10 (1) The dialysate drug or device is approved by the federal Food
14165	14165	11 and Drug Administration under federal law.
14166	14166	12 (2) The dialysate drug or device is held by the manufacturer, a
14167	14167	13 third party logistics provider, or a wholesale drug distributor in
14168	14168	14 accordance with the requirements of IC 25-26-14.
14169	14169	15 (3) The dialysate drug or device is delivered in the manufacturer's
14170	14170	16 original, sealed packaging.
14171	14171	17 (4) The dialysate drug or device is delivered only upon:
14172	14172	18 (A) receipt of a physician's prescription by a pharmacy that
14173	14173	19 holds a pharmacy permit under this chapter; and
14174	14174	20 (B) the transmittal of an order from the pharmacy described in
14175	14175	21 clause (A) to the manufacturer, third party logistics provider,
14176	14176	22 or wholesale drug distributor.
14177	14177	23 (5) The manufacturer, third party logistics provider, or wholesale
14178	14178	24 drug distributor delivers the dialysate drug or device directly to:
14179	14179	25 (A) the patient or the patient's designee for self-administration
14180	14180	26 of the dialysis therapy; or
14181	14181	27 (B) a health care provider for administration of the dialysis
14182	14182	28 therapy to the patient.
14183	14183	29 SECTION 541. IC 25-28.5-1-2, AS AMENDED BY P.L.1-2006,
14184	14184	30 SECTION 469, IS AMENDED TO READ AS FOLLOWS
14185	14185	31 [EFFECTIVE JULY 1, 2024]: Sec. 2. As used in this chapter:
14186	14186	32 (1) "Plumbing" means the practice of and the materials and fixtures
14187	14187	33 used in the installation, maintenance, extension, and alteration of all
14188	14188	34 piping, fixtures, appliances, and appurtenances in connection with any
14189	14189	35 of the following:
14190	14190	36 (A) Sanitary drainage or storm drainage facilities, the venting
14191	14191	37 system, and the public or private water supply systems, within or
14192	14192	38 adjacent to any building or structure.
14193	14193	39 (B) The practice and materials used in the installation,
14194	14194	40 maintenance, extension, or alteration of the stormwater, liquid
14195	14195	41 waste, or sewerage, and water supply systems of any premises to
14196	14196	42 the private property line or to their connection with any point of
14197	14197	2024 IN 1267—LS 6912/DI 92 331
14198	14198	1 public disposal or other acceptable terminal.
14199	14199	2 The term does not include the planning, designing, and installation of
14200	14200	3 sanitation and water systems in vehicles commonly known as mobile
14201	14201	4 homes, the drilling of wells, the installation of pumps, pressure tanks,
14202	14202	5 and piping incidental to the drilling or repair of a well system, the sale
14203	14203	6 or installation of water softening equipment and apparatuses and
14204	14204	7 services of the same, or the business of manufacturing or selling
14205	14205	8 plumbing fixtures; appliances, equipment, or hardware; the installation
14206	14206	9 of automatic sprinklers, the overhead or underground water supplies or
14207	14207	10 standpipes when connected to an automatic sprinkler system or to their
14208	14208	11 related devices or appurtenances connecting thereto; nor does the term
14209	14209	12 include the work referred to in section 32(i) of this chapter; nor does
14210	14210	13 the term include the planning or design of water supply or sewage
14211	14211	14 systems which would ordinarily be performed as "the practice of
14212	14212	15 engineering", as defined in IC 25-31-1, or the "practice of architecture",
14213	14213	16 as defined in IC 25-4-1.
14214	14214	17 (2) "Plumbing contractor" means any person who, for compensation,
14215	14215	18 undertakes to, or submits a bid to, or does himself or herself or by
14216	14216	19 others, construct, repair, alter, remodel, add to, subtract from, or
14217	14217	20 improve plumbing, including through the employment of others, and
14218	14218	21 who is responsible for substantially all the plumbing within the entire
14219	14219	22 project, or one who fabricates units or plumbing substantially
14220	14220	23 completed and ready for installation.
14221	14221	24 (3) "Journeyman plumber" means a person who engages or offers to
14222	14222	25 engage in, as an occupation or trade, the construction, installation,
14223	14223	26 alteration, maintenance, repair, remodeling, or removal and
14224	14224	27 replacement of plumbing under the supervision, direction, and
14225	14225	28 responsibility of a licensed plumbing contractor.
14226	14226	29 (4) "Maintenance person" means a person who is employed on a
14227	14227	30 permanent basis to keep the premises of a business establishment in
14228	14228	31 good repair.
14229	14229	32 (5) "Contracting" means, except as exempted in this chapter,
14230	14230	33 engaging in a business as a contractor.
14231	14231	34 (6) "Person" means a natural person, except in the case of a
14232	14232	35 plumbing contractor, in which case it may mean the partners or
14233	14233	36 members of a partnership, limited partnership, or any form of
14234	14234	37 unincorporated enterprise, owned by two (2) or more persons, and as
14235	14235	38 applied to "corporation" in addition to the corporate entity means the
14236	14236	39 officers or directors and employees thereof.
14237	14237	40 (7) "Commission" means the Indiana plumbing commission created
14238	14238	41 by this chapter.
14239	14239	42 (8) "License" means a certificate issued by the commission
14240	14240	2024 IN 1267—LS 6912/DI 92 332
14241	14241	1 established by this chapter which confers upon the holder the privilege
14242	14242	2 to act as a plumbing contractor or a journeyman plumber as defined in
14243	14243	3 this chapter.
14244	14244	4 (9) "Farmstead" means a farm dwelling together with other
14245	14245	5 buildings, structures, equipment, piping, and other plumbing materials
14246	14246	6 and supplies, located upon a parcel of real estate used primarily for
14247	14247	7 agricultural purposes located outside the corporate limits of a
14248	14248	8 municipality and not connected to a public water supply.
14249	14249	9 (10) "Licensing agency" means the Indiana professional licensing
14250	14250	10 agency established under IC 25-1-5-3.
14251	14251	11 (11) "Apprentice plumber" means an individual who:
14252	14252	12 (A) is learning the plumbing trade; and
14253	14253	13 (B) is under the direction and immediate supervision of a licensed
14254	14254	14 plumbing contractor or a licensed journeyman plumber.
14255	14255	15 (12) "Registration" means the granting of a certificate by the
14256	14256	16 commission that authorizes an individual to act as an apprentice
14257	14257	17 plumber.
14258	14258	18 SECTION 542. IC 25-28.5-1-6 IS AMENDED TO READ AS
14259	14259	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The commission
14260	14260	20 shall annually organize and select one (1) of the members as chairman
14261	14261	21 chairperson and one (1) of the members to serve as secretary, both to
14262	14262	22 serve for a term of one (1) year. The commission, through the licensing
14263	14263	23 agency, shall keep a record of all its proceedings, transactions,
14264	14264	24 communications, official acts, and records and shall perform said other
14265	14265	25 duties as required by law.
14266	14266	26 SECTION 543. IC 25-28.5-1-9, AS AMENDED BY P.L.249-2019,
14267	14267	27 SECTION 118, IS AMENDED TO READ AS FOLLOWS
14268	14268	28 [EFFECTIVE JULY 1, 2024]: Sec. 9. The secretary shall call all
14269	14269	29 meetings of the commission as directed by the chairman chairperson
14270	14270	30 or upon request in writing by two (2) members, and at such time and
14271	14271	31 places, within the state of Indiana as the commission business may
14272	14272	32 require. Sufficient notice shall be given to permit members to attend all
14273	14273	33 meetings. A quorum of the board consists of a majority of the
14274	14274	34 appointed members. Meetings of the commission may be held pursuant
14275	14275	35 to written waiver of notice signed by all the members of the
14276	14276	36 commission. A record shall be kept of all proceedings at meetings and
14277	14277	37 of the vote taken on each act or transaction of the commission, and a
14278	14278	38 majority vote of all members shall be required to bind the commission.
14279	14279	39 SECTION 544. IC 25-29-2-6 IS AMENDED TO READ AS
14280	14280	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The board shall
14281	14281	41 hold at least one (1) meeting each year. The board may hold additional
14282	14282	42 meetings that the board considers necessary.
14283	14283	2024 IN 1267—LS 6912/DI 92 333
14284	14284	1 (b) A meeting may be called by the chairman chairperson or by a
14285	14285	2 majority of the members of the board.
14286	14286	3 SECTION 545. IC 25-29-2-7 IS AMENDED TO READ AS
14287	14287	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Each year the board
14288	14288	5 shall elect a chairman chairperson and any other officers from its
14289	14289	6 members that the board considers necessary.
14290	14290	7 SECTION 546. IC 25-30-1.3-6, AS AMENDED BY P.L.3-2008,
14291	14291	8 SECTION 199, IS AMENDED TO READ AS FOLLOWS
14292	14292	9 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) For purposes of this section,
14293	14293	10 "industrial plant" means a factory, business, or concern that is engaged
14294	14294	11 primarily in the manufacture or assembly of goods or the processing of
14295	14295	12 raw materials, or both.
14296	14296	13 (b) This chapter does not apply to the following:
14297	14297	14 (1) A law enforcement officer of the United States, a state, or a
14298	14298	15 political subdivision of a state to the extent that the officer is
14299	14299	16 engaged in the performance of the officer's official duties.
14300	14300	17 (2) An employee to the extent that the employee is hired for the
14301	14301	18 purpose of guarding and protecting the properties of railroad
14302	14302	19 companies and is licensed as a railroad policeman police officer
14303	14303	20 under IC 8-3-17, to the extent that the employee is engaged in the
14304	14304	21 performance of the employee's official duties.
14305	14305	22 (3) The owner of an industrial plant or an employee of the owner
14306	14306	23 of an industrial plant to the extent that the owner or the employee
14307	14307	24 is hiring a plant security guard for the owner's industrial plant.
14308	14308	25 (4) A retail merchant or an employee of the retail merchant to the
14309	14309	26 extent that the retail merchant or the employee is hiring a security
14310	14310	27 guard for the retail merchant's retail establishment.
14311	14311	28 SECTION 547. IC 25-31-1-5, AS AMENDED BY P.L.2-2014,
14312	14312	29 SECTION 109, IS AMENDED TO READ AS FOLLOWS
14313	14313	30 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The board shall hold in the
14314	14314	31 city of Indianapolis at least two (2) regular meetings each year and
14315	14315	32 special meetings as the board considers necessary. Regular and special
14316	14316	33 meetings must be held at times and places as the rules of the board may
14317	14317	34 provide. Notice of all meetings must be given according to IC 5-14-1.5.
14318	14318	35 (b) The board shall elect, annually, from its own members, a
14319	14319	36 chairman chairperson and a vice chairman. chairperson.
14320	14320	37 (c) A quorum of the board consists of four (4) members and no
14321	14321	38 official action of any meeting may be taken without at least four (4)
14322	14322	39 votes being in accord.
14323	14323	40 (d) Suitable office quarters shall be provided by the state for the use
14324	14324	41 of the board in the city of Indianapolis. This office may be shared with
14325	14325	42 the state board of registration for professional surveyors.
14326	14326	2024 IN 1267—LS 6912/DI 92 334
14327	14327	1 SECTION 548. IC 25-31-1-10 IS AMENDED TO READ AS
14328	14328	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The board shall
14329	14329	3 keep a record of its proceedings and a record of all applications for
14330	14330	4 registration. The record shall show:
14331	14331	5 (1) the name, age, and residence of each applicant;
14332	14332	6 (2) the date of the application;
14333	14333	7 (3) the place of business of the applicant;
14334	14334	8 (4) the applicant's education and other qualifications;
14335	14335	9 (5) whether or not an examination was required;
14336	14336	10 (6) whether or not the applicant was rejected;
14337	14337	11 (7) whether a certificate of registration was granted;
14338	14338	12 (8) the date of the action of the board; and
14339	14339	13 (9) any other information as may be deemed necessary by the
14340	14340	14 board.
14341	14341	15 (b) The records of the board are prima facie evidence of the
14342	14342	16 proceedings of the board.
14343	14343	17 (c) A transcript of the proceedings certified by the chairman
14344	14344	18 chairperson and attested by the secretary of the board, under its seal,
14345	14345	19 shall be admissible in evidence with the same force and effect as if the
14346	14346	20 original were produced.
14347	14347	21 SECTION 549. IC 25-33-1-3, AS AMENDED BY P.L.249-2019,
14348	14348	22 SECTION 126, IS AMENDED TO READ AS FOLLOWS
14349	14349	23 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) There is created a board to be
14350	14350	24 known as the "state psychology board". The board shall consist of five
14351	14351	25 (5) members appointed by the governor.
14352	14352	26 (b) Subject to IC 25-1-6.5-3, four (4) of the board members shall be
14353	14353	27 licensed under this article and shall have had at least five (5) years of
14354	14354	28 experience as a professional psychologist prior to their appointment.
14355	14355	29 (c) Subject to IC 25-1-6.5-3, the fifth member shall be appointed to
14356	14356	30 represent the general public, must be a resident of this state, must never
14357	14357	31 have been credentialed in a mental health profession, and must in no
14358	14358	32 way be associated with the profession of psychology other than as a
14359	14359	33 consumer.
14360	14360	34 (d) All members shall:
14361	14361	35 (1) if appointed before July 1, 2019, be appointed for a term of
14362	14362	36 three (3) years; and
14363	14363	37 (2) if appointed after June 30, 2019, be appointed under
14364	14364	38 IC 25-1-6.5.
14365	14365	39 (e) A member may be removed under IC 25-1-6.5-4.
14366	14366	40 (f) Each member of the board is entitled to the minimum salary per
14367	14367	41 diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to
14368	14368	42 reimbursement for traveling expenses and other expenses actually
14369	14369	2024 IN 1267—LS 6912/DI 92 335
14370	14370	1 incurred in connection with the member's duties, as provided in the
14371	14371	2 state travel policies and procedures established by the Indiana
14372	14372	3 department of administration and approved by the state budget agency.
14373	14373	4 (g) The members of the board shall organize by the election of a
14374	14374	5 chairman chairperson and a vice chairman chairperson from among
14375	14375	6 its membership. Such officers shall serve for a term of one (1) year.
14376	14376	7 The board shall meet at least once in each calendar year and on such
14377	14377	8 other occasions as it considers necessary and advisable. A meeting of
14378	14378	9 the board may be called by its chairman chairperson or by a majority
14379	14379	10 of the members on the board. A quorum of the board consists of a
14380	14380	11 majority of the appointed members. A majority of the quorum may
14381	14381	12 transact business.
14382	14382	13 (h) The board is empowered to do the following:
14383	14383	14 (1) Establish reasonable application, examination, and renewal
14384	14384	15 procedures and set fees for licensure under this article. However,
14385	14385	16 no fee collected under this article shall, under any circumstances,
14386	14386	17 be refunded.
14387	14387	18 (2) Adopt and enforce rules concerning assessment of costs in
14388	14388	19 disciplinary proceedings before the board.
14389	14389	20 (3) Establish examinations of applicants for licensure under this
14390	14390	21 article and issue, deny, suspend, revoke, and renew licenses.
14391	14391	22 (4) Subject to IC 25-1-7, investigate and conduct hearings, upon
14392	14392	23 complaint against individuals licensed or not licensed under this
14393	14393	24 article, concerning alleged violation of this article, under
14394	14394	25 procedures conducted in accordance with IC 4-21.5.
14395	14395	26 (5) Initiate the prosecution and enjoinder of any person violating
14396	14396	27 this article.
14397	14397	28 (6) Adopt rules which are necessary for the proper performance
14398	14398	29 of its duties, in accordance with IC 4-22-2.
14399	14399	30 (7) Establish a code of professional conduct.
14400	14400	31 (i) The board shall adopt rules establishing standards for the
14401	14401	32 competent practice of psychology.
14402	14402	33 (j) All expenses incurred in the administration of this article shall be
14403	14403	34 paid from the general fund upon appropriation being made in the
14404	14404	35 manner provided by law for the making of such appropriations.
14405	14405	36 (k) The agency shall do the following:
14406	14406	37 (1) Carry out the administrative functions of the board.
14407	14407	38 (2) Provide necessary personnel to carry out the duties of this
14408	14408	39 article.
14409	14409	40 (3) Receive and account for all fees required under this article.
14410	14410	41 (4) Deposit fees collected with the treasurer of state for deposit in
14411	14411	42 the state general fund.
14412	14412	2024 IN 1267—LS 6912/DI 92 336
14413	14413	1 (l) This section may not be interpreted to prevent a licensed or
14414	14414	2 certified health care professional from practicing within the scope of
14415	14415	3 the health care professional's:
14416	14416	4 (1) license or certification; and
14417	14417	5 (2) training or credentials.
14418	14418	6 SECTION 550. IC 25-34.1-2-2 IS AMENDED TO READ AS
14419	14419	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The commission
14420	14420	8 shall elect from its membership a chairman chairperson and a vice
14421	14421	9 chairman. chairperson. The chairman chairperson and vice chairman
14422	14422	10 chairperson shall serve in that capacity for one (1) year and until a
14423	14423	11 successor is elected. The chairman chairperson and vice chairman
14424	14424	12 chairperson may serve consecutively no more than two (2) terms in
14425	14425	13 that capacity. The chairman chairperson shall preside at all meetings.
14426	14426	14 The vice chairman chairperson shall preside at meetings in the
14427	14427	15 absence of the chairman chairperson and shall perform other duties as
14428	14428	16 the chairman chairperson may direct.
14429	14429	17 (b) The licensing agency shall provide to the commission an
14430	14430	18 executive director. The executive director may not be a member of the
14431	14431	19 commission. The executive director shall:
14432	14432	20 (1) provide reasonable notice to all commission members of the
14433	14433	21 time and place of each meeting;
14434	14434	22 (2) keep a record of all meetings, of all votes taken by the
14435	14435	23 commission, and of all other proceedings, transactions,
14436	14436	24 communications, official acts, and records of the commission;
14437	14437	25 (3) keep a current file of all licenses and licensees; and
14438	14438	26 (4) perform any other duties which the commission may
14439	14439	27 prescribe.
14440	14440	28 SECTION 551. IC 25-34.1-2-3 IS AMENDED TO READ AS
14441	14441	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The commission
14442	14442	30 shall meet upon the call of the chairman chairperson or at the written
14443	14443	31 request of any seven (7) members of the commission. The chairman
14444	14444	32 chairperson shall establish the time and place of all meetings.
14445	14445	33 (b) A majority of the current members of the commission constitutes
14446	14446	34 a quorum at a meeting for the purpose of transacting business. A
14447	14447	35 majority vote of all members present at a meeting is necessary to bind
14448	14448	36 the commission.
14449	14449	37 (c) Any action required or permitted to be taken at a meeting of the
14450	14450	38 commission may be taken without a meeting if, prior to that action:
14451	14451	39 (1) a written consent to the action, either executed as a single
14452	14452	40 document or in counterparts, is signed by all members of the
14453	14453	41 commission; or
14454	14454	42 (2) all members orally consent to the action and subsequently
14455	14455	2024 IN 1267—LS 6912/DI 92 337
14456	14456	1 confirm that consent in writing.
14457	14457	2 The written consent or confirmation shall set forth the action under
14458	14458	3 consideration and shall be filed with the minutes of the meetings which
14459	14459	4 are kept by the executive director. A written consent or a confirmed
14460	14460	5 oral consent shall be treated for all purposes as a unanimous vote of the
14461	14461	6 members and as though the vote had taken place at a regular meeting
14462	14462	7 of the commission.
14463	14463	8 SECTION 552. IC 25-34.1-9-7 IS AMENDED TO READ AS
14464	14464	9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. The council shall
14465	14465	10 elect from the council's membership a chairman chairperson and a
14466	14466	11 vice chairman. chairperson.
14467	14467	12 SECTION 553. IC 25-34.1-9-8 IS AMENDED TO READ AS
14468	14468	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The council shall
14469	14469	14 meet upon the call of the chairman chairperson or at the request of the
14470	14470	15 commission. The chairman chairperson shall establish the time and
14471	14471	16 place of all meetings.
14472	14472	17 SECTION 554. IC 25-35.6-1-2, AS AMENDED BY P.L.212-2005,
14473	14473	18 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14474	14474	19 JULY 1, 2024]: Sec. 2. (a) As used in this article, "board" means the
14475	14475	20 speech-language pathology and audiology board established by this
14476	14476	21 article.
14477	14477	22 (b) As used in this article, "person" means any individual,
14478	14478	23 organization, or corporate body, except that only an individual may be
14479	14479	24 licensed under this article.
14480	14480	25 (c) As used in this article, "speech-language pathologist" means an
14481	14481	26 individual who practices speech-language pathology and who presents
14482	14482	27 himself represents to the public by any title or description of services
14483	14483	28 incorporating the words speech pathologist, speech-language
14484	14484	29 pathologist, speech therapist, speech-language specialist, teacher of
14485	14485	30 communication disorders, speech correctionist, speech clinician,
14486	14486	31 language pathologist, language therapist, logopedist, communicologist,
14487	14487	32 voice therapist, voice pathologist, or any similar title or description of
14488	14488	33 service.
14489	14489	34 (d) As used in this article, "speech-language pathology" means the
14490	14490	35 application of nonmedical and nonsurgical principles, methods, and
14491	14491	36 procedures for the following:
14492	14492	37 (1) The prevention, evaluation, habilitation, rehabilitation,
14493	14493	38 instruction, and research of communication and swallowing
14494	14494	39 disorders.
14495	14495	40 (2) The elective modification of communication behaviors.
14496	14496	41 (3) The enhancement of communication, including the use of
14497	14497	42 augmentative or alternate communication strategies.
14498	14498	2024 IN 1267—LS 6912/DI 92 338
14499	14499	1 (e) As used in this article, "audiologist" means an individual who
14500	14500	2 practices audiology and who presents himself represents to the public
14501	14501	3 by any title or description of services incorporating the words
14502	14502	4 audiologist, hearing clinician, hearing therapist, hearing specialist,
14503	14503	5 audiometrist, vestibular specialist, or any similar title or description of
14504	14504	6 service.
14505	14505	7 (f) As used in this article, "audiology" means the application of
14506	14506	8 nonmedical and nonsurgical principles, methods, and procedures of
14507	14507	9 prevention, evaluation, habilitation, rehabilitation, instruction, and
14508	14508	10 research of disorders of hearing, auditory function, and vestibular
14509	14509	11 function.
14510	14510	12 (g) As used in this article, "support personnel" means individuals
14511	14511	13 who meet the qualifications which the board shall establish for the
14512	14512	14 following:
14513	14513	15 (1) Speech-language pathology aide.
14514	14514	16 (2) Speech-language pathology associate.
14515	14515	17 (3) Speech-language pathology assistant.
14516	14516	18 (h) As used in this article, "audiology assistant" means an individual
14517	14517	19 who:
14518	14518	20 (1) is not licensed as an audiologist under this article;
14519	14519	21 (2) meets qualifications which the board may establish; and
14520	14520	22 (3) provides specific services under the direction and supervision
14521	14521	23 of a licensed audiologist.
14522	14522	24 (i) As used in this article, "clinical fellowship" means a supervised
14523	14523	25 professional experience.
14524	14524	26 (j) As used in this article, "direct supervision" means onsite
14525	14525	27 observation and guidance while an assigned evaluation or therapeutic
14526	14526	28 activity is being performed.
14527	14527	29 SECTION 555. IC 25-35.6-1-3, AS AMENDED BY P.L.149-2022,
14528	14528	30 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14529	14529	31 JULY 1, 2024]: Sec. 3. (a) Licensure shall be granted either in
14530	14530	32 speech-language pathology or audiology independently. A person may
14531	14531	33 be licensed in both areas if the person meets the respective
14532	14532	34 qualifications.
14533	14533	35 (b) Except as provided in sections 5.5 and 6.5 of this chapter and
14534	14534	36 IC 25-35.6-5, no person shall practice or represent himself or herself
14535	14535	37 oneself as a speech-language pathologist or audiologist in this state
14536	14536	38 unless the person is licensed in accordance with the provisions of this
14537	14537	39 article.
14538	14538	40 SECTION 556. IC 25-35.6-2-3, AS AMENDED BY P.L.249-2019,
14539	14539	41 SECTION 136, IS AMENDED TO READ AS FOLLOWS
14540	14540	42 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The board may utilize
14541	14541	2024 IN 1267—LS 6912/DI 92 339
14542	14542	1 employees provided by the Indiana professional licensing agency as
14543	14543	2 necessary.
14544	14544	3 (b) The board shall adopt a seal by which it shall authenticate its
14545	14545	4 proceedings. Copies of the proceedings, records, and acts of the board,
14546	14546	5 and certificates purporting to relate the facts concerning such
14547	14547	6 proceedings, records, and acts, that are signed by the chairman
14548	14548	7 chairperson or the executive secretary and authenticated by the seal,
14549	14549	8 shall be prima facie evidence in all courts of this state.
14550	14550	9 (c) Under no circumstances shall the total amount of expenditures
14551	14551	10 incurred by the board exceed the amount of the fees collected as
14552	14552	11 provided in this chapter.
14553	14553	12 SECTION 557. IC 26-1-1-208 IS AMENDED TO READ AS
14554	14554	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 208. A term providing
14555	14555	14 that one party or his the party's successor in interest may accelerate
14556	14556	15 payment or performance or require collateral or additional collateral "at
14557	14557	16 will" or "when he deems himself insecure" deemed insecure by the
14558	14558	17 party" or in words of similar import shall be construed to mean that he
14559	14559	18 the party shall have power to do so only if he the party in good faith
14560	14560	19 believes that the prospect of payment or performance is impaired. The
14561	14561	20 burden of establishing lack of good faith is on the party against whom
14562	14562	21 the power has been exercised.
14563	14563	22 SECTION 558. IC 26-1-2-104, AS AMENDED BY P.L.143-2007,
14564	14564	23 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14565	14565	24 JULY 1, 2024]: Sec. 104. (1) "Merchant" means a person who deals in
14566	14566	25 goods of the kind or otherwise by his the person's occupation holds
14567	14567	26 himself is held out as having knowledge or skill peculiar to the
14568	14568	27 practices or goods involved in the transaction or to whom such
14569	14569	28 knowledge or skill may be attributed by his the person's employment
14570	14570	29 of an agent or broker or other intermediary who by his the
14571	14571	30 intermediary's occupation holds himself is held out as having such
14572	14572	31 knowledge or skill.
14573	14573	32 (2) "Financing agency" means a bank, finance company, or other
14574	14574	33 person who in the ordinary course of business makes advances against
14575	14575	34 goods or documents of title or who by arrangement with either the
14576	14576	35 seller or the buyer intervenes in ordinary course to make or collect
14577	14577	36 payment due or claimed under the contract for sale, as by purchasing
14578	14578	37 or paying the seller's draft or making advances against it or by merely
14579	14579	38 taking it for collection whether or not documents of title accompany or
14580	14580	39 are associated with the draft. "Financing agency" includes also a bank
14581	14581	40 or other person who similarly intervenes between persons who are in
14582	14582	41 the position of seller and buyer in respect to the goods (IC 26-1-2-707).
14583	14583	42 (3) "Between merchants" means in any transaction with respect to
14584	14584	2024 IN 1267—LS 6912/DI 92 340
14585	14585	1 which both parties are chargeable with the knowledge or skill of
14586	14586	2 merchants.
14587	14587	3 SECTION 559. IC 26-1-2-305 IS AMENDED TO READ AS
14588	14588	4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 305. (1) The parties if
14589	14589	5 they so intend can conclude a contract for sale even though the price is
14590	14590	6 not settled. In such a case the price is a reasonable price at the time for
14591	14591	7 delivery if:
14592	14592	8 (a) nothing is said as to price; or
14593	14593	9 (b) the price is left to be agreed by the parties and they fail to agree;
14594	14594	10 or
14595	14595	11 (c) the price is to be fixed in terms of some agreed market or other
14596	14596	12 standard as set or recorded by a third person or agency and it is not so
14597	14597	13 set or recorded.
14598	14598	14 (2) A price to be fixed by the seller or by the buyer means a price for
14599	14599	15 him the seller or the buyer to fix in good faith.
14600	14600	16 (3) When a price left to be fixed otherwise than by agreement of the
14601	14601	17 parties fails to be fixed through fault of one (1) party the other may at
14602	14602	18 his the party's option treat the contract as canceled or himself fix a
14603	14603	19 reasonable price.
14604	14604	20 (4) Where, however, the parties intend not to be bound unless the
14605	14605	21 price be fixed or agreed and it is not fixed or agreed there is no
14606	14606	22 contract. In such a case the buyer must return any goods already
14607	14607	23 received or if unable so to do must pay their reasonable value at the
14608	14608	24 time of delivery and the seller must return any portion of the price paid
14609	14609	25 on account.
14610	14610	26 SECTION 560. IC 26-1-2-312 IS AMENDED TO READ AS
14611	14611	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 312. (1) Subject to
14612	14612	28 subsection (2) there is in a contract for sale a warranty by the seller that
14613	14613	29 (a) the title conveyed shall be good, and its transfer rightful; and
14614	14614	30 (b) the goods shall be delivered free from any security interest or
14615	14615	31 other lien or encumbrance of which the buyer at the time of contracting
14616	14616	32 has no knowledge.
14617	14617	33 (2) A warranty under subsection (1) will be excluded or modified
14618	14618	34 only by specific language or by circumstances which give the buyer
14619	14619	35 reason to know that the person selling does not claim title in himself
14620	14620	36 the seller's name or that he the seller is purporting to sell only such
14621	14621	37 right or title as he the seller or a third person may have.
14622	14622	38 (3) Unless otherwise agreed a seller who is a merchant regularly
14623	14623	39 dealing in goods of the kind warrants that the goods shall be delivered
14624	14624	40 free of the rightful claim of any third person by way of infringement or
14625	14625	41 the like but a buyer who furnishes specifications to the seller must hold
14626	14626	42 the seller harmless against any such claim which arises out of
14627	14627	2024 IN 1267—LS 6912/DI 92 341
14628	14628	1 compliance with the specifications.
14629	14629	2 SECTION 561. IC 26-1-2-505, AS AMENDED BY P.L.143-2007,
14630	14630	3 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14631	14631	4 JULY 1, 2024]: Sec. 505. (1) Where the seller has identified goods to
14632	14632	5 the contract by or before shipment:
14633	14633	6 (a) His The seller's procurement of a negotiable bill of lading to
14634	14634	7 his own the seller's order or otherwise reserves in him a security
14635	14635	8 interest in the goods. His The seller's procurement of the bill to
14636	14636	9 the order of a financing agency or of the buyer indicates in
14637	14637	10 addition only the seller's expectation of transferring that interest
14638	14638	11 to the person named.
14639	14639	12 (b) A nonnegotiable bill of lading to himself the seller or his the
14640	14640	13 seller's nominee reserves possession of the goods as security, but
14641	14641	14 except in a case of conditional delivery (IC 26-1-2-507(2)), a
14642	14642	15 nonnegotiable bill of lading naming the buyer as consignee
14643	14643	16 reserves no security interest even though the seller retains
14644	14644	17 possession or control of the bill of lading.
14645	14645	18 (2) When shipment by the seller with reservation of a security
14646	14646	19 interest is in violation of the contract for sale, it constitutes an improper
14647	14647	20 contract for transportation within IC 26-1-2-504, but impairs neither
14648	14648	21 the rights given to the buyer by shipment and identification of the
14649	14649	22 goods to the contract nor the seller's powers as a holder of a negotiable
14650	14650	23 document of title.
14651	14651	24 SECTION 562. IC 27-1-7-13 IS AMENDED TO READ AS
14652	14652	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) A corporation
14653	14653	26 has the officers described in its bylaws. However, a corporation must
14654	14654	27 have at least one (1) officer.
14655	14655	28 (b) An officer of a corporation may appoint one (1) or more officers
14656	14656	29 or assistant officers if authorized to do so by the bylaws or the board of
14657	14657	30 directors.
14658	14658	31 (c) The bylaws or the board of directors must delegate to one (1) of
14659	14659	32 the officers responsibility for preparing minutes of the directors' and
14660	14660	33 shareholders' meetings and for authenticating records of the
14661	14661	34 corporation, and that officer is the secretary for purposes of this article.
14662	14662	35 The same individual may simultaneously hold more than one (1) office
14663	14663	36 in the corporation.
14664	14664	37 (d) Each officer of a corporation has the authority and shall perform
14665	14665	38 the duties set forth in the bylaws, to the extent consistent with the
14666	14666	39 bylaws or, the duties prescribed by the board of directors or by
14667	14667	40 direction of an officer authorized by the board of directors to prescribe
14668	14668	41 the duties of other officers.
14669	14669	42 (e) An officer of a corporation may resign at any time by delivering
14670	14670	2024 IN 1267—LS 6912/DI 92 342
14671	14671	1 notice to the board of directors, its chairman, chairperson, the
14672	14672	2 secretary of the corporation or, if the articles of incorporation or bylaws
14673	14673	3 so provide, to another designated officer. A resignation is effective
14674	14674	4 when the notice is delivered unless the notice specifies a later date. If
14675	14675	5 a resignation is made effective at a later date and the corporation
14676	14676	6 accepts the future effective date, its board of directors may fill the
14677	14677	7 pending vacancy before the effective date if the board of directors
14678	14678	8 provides that the successor does not take office until the effective date.
14679	14679	9 (f) The board of directors of a corporation may remove an officer of
14680	14680	10 the corporation at any time with or without cause. An officer who
14681	14681	11 appoints another officer or assistant officer may remove the appointed
14682	14682	12 officer or assistant officer at any time with or without cause.
14683	14683	13 (g) The election or appointment of an officer of a corporation does
14684	14684	14 not itself create contract rights.
14685	14685	15 (h) The removal of an officer of a corporation does not affect the
14686	14686	16 officer's contract rights, if any, with the corporation. An officer's
14687	14687	17 resignation does not affect the corporation's contract rights, if any, with
14688	14688	18 the officer.
14689	14689	19 SECTION 563. IC 27-1-15.6-2, AS AMENDED BY P.L.19-2022,
14690	14690	20 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14691	14691	21 JULY 1, 2024]: Sec. 2. Except as otherwise provided in this section,
14692	14692	22 the following definitions apply throughout this chapter, IC 27-1-15.7,
14693	14693	23 IC 27-1-15.8, and IC 27-7-17:
14694	14694	24 (1) "Bureau" refers to the child support bureau established by
14695	14695	25 IC 31-25-3-1.
14696	14696	26 (2) "Business entity" means a corporation, an association, a
14697	14697	27 partnership, a limited liability company, a limited liability
14698	14698	28 partnership, or another legal entity.
14699	14699	29 (3) "Commissioner" means the insurance commissioner appointed
14700	14700	30 under IC 27-1-1-2.
14701	14701	31 (4) "Consultant" means a person who:
14702	14702	32 (A) holds himself or herself out represents to the public as
14703	14703	33 being engaged in the business of offering; or
14704	14704	34 (B) for a fee, offers;
14705	14705	35 any advice, counsel, opinion, or service with respect to the
14706	14706	36 benefits, advantages, or disadvantages promised under any policy
14707	14707	37 of insurance that could be issued in Indiana.
14708	14708	38 (5) "Delinquent" means the condition of being at least:
14709	14709	39 (A) two thousand dollars ($2,000); or
14710	14710	40 (B) three (3) months;
14711	14711	41 past due in the payment of court ordered child support.
14712	14712	42 (6) "Designated home state license" means a license issued by the
14713	14713	2024 IN 1267—LS 6912/DI 92 343
14714	14714	1 commissioner to an insurance producer who:
14715	14715	2 (A) maintains the insurance producer's principal place of
14716	14716	3 residence or principal place of business in a state that does not
14717	14717	4 license insurance producers for the line of authority for which
14718	14718	5 the insurance producer seeks licensure in Indiana; and
14719	14719	6 (B) is permitted by the commissioner to designate Indiana as
14720	14720	7 the insurance producer's nonresident home state.
14721	14721	8 (7) "FINRA" refers to the independent Financial Industry
14722	14722	9 Regulatory Authority.
14723	14723	10 (8) "Home state" means the District of Columbia or any state or
14724	14724	11 territory of the United States in which an insurance producer:
14725	14725	12 (A) maintains the insurance producer's principal place of
14726	14726	13 residence or principal place of business; and
14727	14727	14 (B) is licensed to act as an insurance producer.
14728	14728	15 This subdivision does not apply to IC 27-1-15.8.
14729	14729	16 (9) "Insurance producer" means a person required to be licensed
14730	14730	17 under the laws of Indiana to sell, solicit, or negotiate insurance.
14731	14731	18 (10) "License" means a document issued by the commissioner
14732	14732	19 authorizing a person to act as an insurance producer for the lines
14733	14733	20 of authority specified in the document. The license itself does not
14734	14734	21 create any authority, actual, apparent, or inherent, in the holder to
14735	14735	22 represent or commit an insurance carrier.
14736	14736	23 (11) "Limited line credit insurance" includes the following:
14737	14737	24 (A) Credit life insurance.
14738	14738	25 (B) Credit disability insurance.
14739	14739	26 (C) Credit property insurance.
14740	14740	27 (D) Credit unemployment insurance.
14741	14741	28 (E) Involuntary unemployment insurance.
14742	14742	29 (F) Mortgage life insurance.
14743	14743	30 (G) Mortgage guaranty insurance.
14744	14744	31 (H) Mortgage disability insurance.
14745	14745	32 (I) Guaranteed automobile protection (gap) insurance.
14746	14746	33 (J) Any other form of insurance:
14747	14747	34 (i) that is offered in connection with an extension of credit
14748	14748	35 and is limited to partially or wholly extinguishing that credit
14749	14749	36 obligation; and
14750	14750	37 (ii) that the insurance commissioner determines should be
14751	14751	38 designated a form of limited line credit insurance.
14752	14752	39 (12) "Limited line credit insurance producer" means a person who
14753	14753	40 sells, solicits, or negotiates one (1) or more forms of limited line
14754	14754	41 credit insurance coverage to individuals through a master,
14755	14755	42 corporate, group, or individual policy.
14756	14756	2024 IN 1267—LS 6912/DI 92 344
14757	14757	1 (13) "Limited lines insurance" means any of the following:
14758	14758	2 (A) The lines of insurance defined in section 18 of this
14759	14759	3 chapter.
14760	14760	4 (B) Any line of insurance the recognition of which is
14761	14761	5 considered necessary by the commissioner for the purpose of
14762	14762	6 complying with section 8(e) of this chapter.
14763	14763	7 (C) For purposes of section 8(e) of this chapter, any form of
14764	14764	8 insurance with respect to which authority is granted by a home
14765	14765	9 state that restricts the authority granted by a limited lines
14766	14766	10 producer's license to less than total authority in the associated
14767	14767	11 major lines described in section 7(a)(1) through 7(a)(6) of this
14768	14768	12 chapter.
14769	14769	13 (14) "Limited lines producer" means a person authorized by the
14770	14770	14 commissioner to sell, solicit, or negotiate limited lines insurance.
14771	14771	15 (15) "Limited lines travel insurance producer" means any of the
14772	14772	16 following:
14773	14773	17 (A) A travel administrator.
14774	14774	18 (B) A licensed managing general agent or third party
14775	14775	19 administrator.
14776	14776	20 (C) A licensed insurance producer, including a limited lines
14777	14777	21 producer.
14778	14778	22 (16) "Negotiate" means the act of conferring directly with or
14779	14779	23 offering advice directly to a purchaser or prospective purchaser of
14780	14780	24 a particular contract of insurance concerning any of the
14781	14781	25 substantive benefits, terms, or conditions of the contract, provided
14782	14782	26 that the person engaged in that act either sells insurance or
14783	14783	27 obtains insurance from insurers for purchasers.
14784	14784	28 (17) "Offer and disseminate" includes the following acts:
14785	14785	29 (A) Providing general information regarding an insurance
14786	14786	30 policy, including a description of the coverage and price.
14787	14787	31 (B) Processing an application for an insurance policy.
14788	14788	32 (C) Collecting premiums for an insurance policy.
14789	14789	33 (18) "Person" means an individual or a business entity.
14790	14790	34 (19) "Sell" means to exchange a contract of insurance by any
14791	14791	35 means, for money or its equivalent, on behalf of a company.
14792	14792	36 (20) "Solicit" means attempting to sell insurance or asking or
14793	14793	37 urging a person to apply for a particular kind of insurance from a
14794	14794	38 particular company.
14795	14795	39 (21) "Surplus lines producer" means a person who sells, solicits,
14796	14796	40 negotiates, or procures from an insurance company not licensed
14797	14797	41 to transact business in Indiana an insurance policy that cannot be
14798	14798	42 procured from insurers licensed to do business in Indiana.
14799	14799	2024 IN 1267—LS 6912/DI 92 345
14800	14800	1 (22) "Terminate" means:
14801	14801	2 (A) the cancellation of the relationship between an insurance
14802	14802	3 producer and the insurer; or
14803	14803	4 (B) the termination of a producer's authority to transact
14804	14804	5 insurance.
14805	14805	6 (23) "Travel administrator" means a person that directly or
14806	14806	7 indirectly underwrites, collects charges, collateral, or premiums
14807	14807	8 from, or adjusts or settles claims on residents of this state in
14808	14808	9 connection with travel insurance. The term does not include the
14809	14809	10 following:
14810	14810	11 (A) A person working for a travel administrator, to the extent
14811	14811	12 the person's activities are subject to the supervision and
14812	14812	13 control of the travel administrator.
14813	14813	14 (B) An insurance producer selling insurance or engaged in
14814	14814	15 administrative and claims related activities within the scope of
14815	14815	16 the insurance producer's license.
14816	14816	17 (C) A travel retailer offering and disseminating travel
14817	14817	18 insurance that is registered under the license of a limited lines
14818	14818	19 travel insurance producer.
14819	14819	20 (D) An individual adjusting or settling claims in the normal
14820	14820	21 course of the individual's practice or employment as an
14821	14821	22 attorney at law who does not collect charges or premiums in
14822	14822	23 connection with insurance coverage.
14823	14823	24 (E) A business entity that is affiliated with a licensed insurer
14824	14824	25 while acting as a travel administrator for the direct and
14825	14825	26 assumed insurance business of an affiliated insurer.
14826	14826	27 (24) "Travel insurance" means insurance coverage for personal
14827	14827	28 risks incident to planned travel, including the following:
14828	14828	29 (A) Interruption or cancellation of a trip or an event.
14829	14829	30 (B) Loss of baggage or personal effects.
14830	14830	31 (C) Damage to accommodations or rental vehicles.
14831	14831	32 (D) Sickness, accident, disability, or death that occurs during
14832	14832	33 travel.
14833	14833	34 (E) Emergency evacuation.
14834	14834	35 (F) Repatriation of remains.
14835	14835	36 (G) Any other contractual obligation to indemnify or pay a
14836	14836	37 specified amount to a traveler upon determinable
14837	14837	38 contingencies related to travel, as approved by the
14838	14838	39 commissioner.
14839	14839	40 The term does not include a major medical plan that provides
14840	14840	41 comprehensive medical insurance for a traveler on a trip that lasts
14841	14841	42 at least six (6) months, including a traveler who is an individual
14842	14842	2024 IN 1267—LS 6912/DI 92 346
14843	14843	1 who works overseas as an expatriate or is deployed as a member
14844	14844	2 of the military, or any other product that requires a specific
14845	14845	3 insurance producer license.
14846	14846	4 (25) "Travel retailer" means a business entity that makes,
14847	14847	5 arranges, or offers planned travel and may offer or disseminate
14848	14848	6 travel insurance as a service to its customers on behalf of and
14849	14849	7 under the direction of a limited lines travel insurance producer.
14850	14850	8 SECTION 564. IC 27-1-15.6-19.9, AS ADDED BY P.L.19-2022,
14851	14851	9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14852	14852	10 JULY 1, 2024]: Sec. 19.9. (a) The commissioner may issue a limited
14853	14853	11 lines travel insurance producer license to a person that files an
14854	14854	12 application with the commissioner for a limited lines travel producer
14855	14855	13 insurance license in the form and manner prescribed by the
14856	14856	14 commissioner. A limited lines travel insurance producer licensed under
14857	14857	15 this subsection may sell, solicit, or negotiate travel insurance through
14858	14858	16 a licensed insurer. A person may not act as a limited lines travel
14859	14859	17 insurance producer unless properly licensed or as a travel insurance
14860	14860	18 retailer unless properly registered.
14861	14861	19 (b) A travel retailer may offer and disseminate travel insurance
14862	14862	20 under a limited lines travel insurance producer business entity license
14863	14863	21 only if the following conditions are met:
14864	14864	22 (1) The travel retailer or limited lines travel insurance provider
14865	14865	23 provides the following information to purchasers of a travel
14866	14866	24 insurance policy:
14867	14867	25 (A) A description of the material terms or the actual material
14868	14868	26 terms of the insurance coverage.
14869	14869	27 (B) A description of the process for filing a claim.
14870	14870	28 (C) A description of the review or cancellation process for the
14871	14871	29 travel insurance policy.
14872	14872	30 (D) The identity and contact information of the insurer and
14873	14873	31 limited lines travel insurance producer.
14874	14874	32 (2) At the time of licensure, the limited lines travel insurance
14875	14875	33 producer establishes and maintains a register, on a form
14876	14876	34 prescribed by the commissioner, of each travel retailer that offers
14877	14877	35 travel insurance on behalf of the limited lines travel insurance
14878	14878	36 producer. The register must be maintained and updated by the
14879	14879	37 limited lines travel insurance producer and include the name,
14880	14880	38 address, and contact information of the travel retailer, the
14881	14881	39 individual who directs or controls the travel retailer's operations,
14882	14882	40 and the travel retailer's federal tax identification number. The
14883	14883	41 limited lines travel insurance producer must submit the register
14884	14884	42 to the department upon reasonable request. The limited lines
14885	14885	2024 IN 1267—LS 6912/DI 92 347
14886	14886	1 travel insurance producer must also certify the travel retailer
14887	14887	2 registered complies with 18 U.S.C. 1033. The grounds for
14888	14888	3 suspension and revocation and the penalties applicable to resident
14889	14889	4 insurance producers under section 12 of this chapter apply to
14890	14890	5 travel retailers and limited lines travel insurance producers
14891	14891	6 operating under this subsection.
14892	14892	7 (3) The limited lines travel insurance producer designates an
14893	14893	8 individual employee who is a licensed insurance producer as the
14894	14894	9 designated responsible producer responsible for the travel
14895	14895	10 retailer's compliance with the travel insurance laws and
14896	14896	11 regulations applicable to the limited lines travel insurance
14897	14897	12 producer and its registrants.
14898	14898	13 (4) The designated responsible producer, president, secretary,
14899	14899	14 treasurer, and any other officer or individual who directs or
14900	14900	15 controls the operations of the limited lines travel insurance
14901	14901	16 producer complies with the fingerprinting requirements
14902	14902	17 applicable to insurance producers in the resident state of the
14903	14903	18 limited lines travel insurance producer.
14904	14904	19 (5) The limited lines travel insurance producer pays all applicable
14905	14905	20 licensing fees required by state law.
14906	14906	21 (6) The limited lines travel insurance producer requires each
14907	14907	22 employee and authorized representative of the travel retailer
14908	14908	23 whose duties include offering and disseminating travel insurance
14909	14909	24 to receive a training program, which is subject to the review and
14910	14910	25 approval of the commissioner. The training material must, at a
14911	14911	26 minimum, contain adequate instructions on the types of insurance
14912	14912	27 offered, ethical sales practices, and required disclosures to
14913	14913	28 prospective purchasers.
14914	14914	29 (c) A travel retailer that offers or disseminates travel insurance must
14915	14915	30 make available to prospective purchasers any brochures or other
14916	14916	31 written materials approved by the travel insurer. The brochures or other
14917	14917	32 written materials must include, at a minimum, the following
14918	14918	33 information:
14919	14919	34 (1) The identity and contact information of the insurer and the
14920	14920	35 limited lines travel insurance producer.
14921	14921	36 (2) An explanation that the purchase of travel insurance is not
14922	14922	37 required to purchase any other product or service from the travel
14923	14923	38 retailer.
14924	14924	39 (3) An explanation that an unlicensed travel retailer is permitted
14925	14925	40 to provide only general information about the travel insurance
14926	14926	41 offered by the travel retailer, including a description of the
14927	14927	42 coverage and price, but is not qualified or authorized to answer
14928	14928	2024 IN 1267—LS 6912/DI 92 348
14929	14929	1 technical questions about the terms and conditions of the travel
14930	14930	2 insurance offered by the travel retailer or to evaluate the adequacy
14931	14931	3 of the prospective purchaser's existing insurance coverage.
14932	14932	4 (d) An employee or authorized representative of a travel retailer
14933	14933	5 who is not licensed as an insurance producer may not:
14934	14934	6 (1) evaluate or interpret the technical terms, benefits, or
14935	14935	7 conditions of the offered travel insurance coverage;
14936	14936	8 (2) evaluate or provide advice concerning a prospective
14937	14937	9 purchaser's existing insurance coverage; or
14938	14938	10 (3) hold himself or herself out represent to the public as a
14939	14939	11 licensed insurer, licensed producer, or insurance expert.
14940	14940	12 (e) Notwithstanding any other law, a travel retailer whose insurance
14941	14941	13 related activities, including the activities of its employees and
14942	14942	14 authorized representatives, are limited to offering and disseminating
14943	14943	15 travel insurance on behalf of and under the direction of a limited lines
14944	14944	16 travel insurance producer as required under this section may receive
14945	14945	17 related compensation upon registration by the limited lines travel
14946	14946	18 insurance producer as required in subsection (b)(2).
14947	14947	19 (f) As an insurer's designee, a limited lines insurance producer is
14948	14948	20 responsible for the acts of a travel retailer and shall use reasonable
14949	14949	21 means to ensure compliance of the travel retailer with this section.
14950	14950	22 (g) Any person licensed in a major line of authority as an insurance
14951	14951	23 producer is authorized to sell, solicit, and negotiate travel insurance. A
14952	14952	24 property and casualty insurance producer is not required to become
14953	14953	25 appointed by an insurer to sell, solicit, or negotiate travel insurance.
14954	14954	26 SECTION 565. IC 27-1-29-5, AS AMENDED BY P.L.46-2023,
14955	14955	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14956	14956	28 JULY 1, 2024]: Sec. 5. (a) The Indiana political subdivision risk
14957	14957	29 management commission is created as a separate body corporate and
14958	14958	30 politic, constituting an instrumentality of the state for the public
14959	14959	31 purposes set out in this chapter, but not a state agency. The commission
14960	14960	32 is separate from the state in its corporate and sovereign capacity. The
14961	14961	33 purpose of the commission is aiding political subdivisions in protecting
14962	14962	34 themselves against liabilities. The commission is not subject to
14963	14963	35 IC 27-6-8, and the Indiana guaranty association created by IC 27-6-8-5
14964	14964	36 has no obligation to insureds or claimants of the commission.
14965	14965	37 (b) The commission consists of the insurance commissioner, who
14966	14966	38 shall serve as chairman, chairperson, and nine (9) other commission
14967	14967	39 members. Except for the insurance commissioner, the members of the
14968	14968	40 commission shall be appointed by the governor for a term of four (4)
14969	14969	41 years. No more than five (5) commission members appointed by the
14970	14970	42 governor under this section may be members of the same political
14971	14971	2024 IN 1267—LS 6912/DI 92 349
14972	14972	1 party. The commission members appointed by the governor under this
14973	14973	2 section must include one (1) resident of each congressional district in
14974	14974	3 Indiana. The commission shall elect one (1) of the appointed
14975	14975	4 commission members as secretary of the commission.
14976	14976	5 (c) A commission member may be reappointed to the commission.
14977	14977	6 (d) In appointing commission members under this section, the
14978	14978	7 governor shall consider the qualifications, expertise, and background
14979	14979	8 that would provide the proper talent to administer this chapter. To the
14980	14980	9 degree possible, the members must have backgrounds in educational
14981	14981	10 administration, risk management, and governance of a political
14982	14982	11 subdivision and must include persons with knowledge of insurance
14983	14983	12 matters.
14984	14984	13 (e) A vacancy occurring on the commission shall be filled through
14985	14985	14 the appointment of a resident of the same congressional district as the
14986	14986	15 vacating commission member for the unexpired term of the
14987	14987	16 commission member leaving the commission.
14988	14988	17 (f) Each member of the commission who is not a state employee is
14989	14989	18 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
14990	14990	19 Such a commission member is also entitled to reimbursement for
14991	14991	20 traveling expenses and other expenses actually incurred in connection
14992	14992	21 with the member's duties, as provided in the state travel policies and
14993	14993	22 procedures established by the department of administration and
14994	14994	23 approved by the state budget agency.
14995	14995	24 (g) Each member of the commission who is a state employee is
14996	14996	25 entitled to reimbursement for traveling expenses and other expenses
14997	14997	26 actually incurred in connection with the commission member's duties,
14998	14998	27 as provided in the state travel policies and procedures established by
14999	14999	28 the department of administration and approved by the state budget
15000	15000	29 agency.
15001	15001	30 (h) All property of the commission is public property devoted to an
15002	15002	31 essential public and governmental function and purpose and is exempt
15003	15003	32 from all taxes and special assessments of the state or a political
15004	15004	33 subdivision of the state.
15005	15005	34 (i) The term of a member of the commission expires upon the
15006	15006	35 expiration of this chapter under section 29 of this chapter.
15007	15007	36 SECTION 566. IC 27-8-10-2.1, AS AMENDED BY P.L.229-2011,
15008	15008	37 SECTION 251, IS AMENDED TO READ AS FOLLOWS
15009	15009	38 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) There is established a
15010	15010	39 nonprofit legal entity to be referred to as the Indiana comprehensive
15011	15011	40 health insurance association, which must assure that health insurance
15012	15012	41 is made available throughout the year to each eligible Indiana resident
15013	15013	42 applying to the association for coverage. All carriers, health
15014	15014	2024 IN 1267—LS 6912/DI 92 350
15015	15015	1 maintenance organizations, limited service health maintenance
15016	15016	2 organizations, and self-insurers providing health insurance or health
15017	15017	3 care services in Indiana must be members of the association. The
15018	15018	4 association shall operate under a plan of operation established and
15019	15019	5 approved under subsection (c) and shall exercise its powers through a
15020	15020	6 board of directors established under this section.
15021	15021	7 (b) The board of directors of the association consists of nine (9)
15022	15022	8 members whose principal residence is in Indiana selected as follows:
15023	15023	9 (1) Four (4) members to be appointed by the commissioner from
15024	15024	10 the members of the association, one (1) of which must be a
15025	15025	11 representative of a health maintenance organization.
15026	15026	12 (2) Two (2) members to be appointed by the commissioner shall
15027	15027	13 be consumers representing policyholders.
15028	15028	14 (3) Two (2) members shall be the state budget director or
15029	15029	15 designee and the commissioner of the department of insurance or
15030	15030	16 designee.
15031	15031	17 (4) One (1) member to be appointed by the commissioner must be
15032	15032	18 a representative of health care providers.
15033	15033	19 The commissioner shall appoint the chairman chairperson of the
15034	15034	20 board, and the board shall elect a secretary from its membership. The
15035	15035	21 term of office of each appointed member is three (3) years, subject to
15036	15036	22 eligibility for reappointment. Members of the board who are not state
15037	15037	23 employees may be reimbursed from the association's funds for
15038	15038	24 expenses incurred in attending meetings. The board shall meet at least
15039	15039	25 semiannually, with the first meeting to be held not later than May 15
15040	15040	26 of each year.
15041	15041	27 (c) The association shall submit to the commissioner a plan of
15042	15042	28 operation for the association and any amendments to the plan necessary
15043	15043	29 or suitable to assure the fair, reasonable, and equitable administration
15044	15044	30 of the association. The plan of operation becomes effective upon
15045	15045	31 approval in writing by the commissioner consistent with the date on
15046	15046	32 which the coverage under this chapter must be made available. The
15047	15047	33 commissioner shall, after notice and hearing, approve the plan of
15048	15048	34 operation if the plan is determined to be suitable to assure the fair,
15049	15049	35 reasonable, and equitable administration of the association and
15050	15050	36 provides for the sharing of association losses on an equitable,
15051	15051	37 proportionate basis among the member carriers, health maintenance
15052	15052	38 organizations, limited service health maintenance organizations, and
15053	15053	39 self-insurers. If the association fails to submit a suitable plan of
15054	15054	40 operation within one hundred eighty (180) days after the appointment
15055	15055	41 of the board of directors, or at any time thereafter the association fails
15056	15056	42 to submit suitable amendments to the plan, the commissioner shall
15057	15057	2024 IN 1267—LS 6912/DI 92 351
15058	15058	1 adopt rules under IC 4-22-2 necessary or advisable to implement this
15059	15059	2 section. These rules are effective until modified by the commissioner
15060	15060	3 or superseded by a plan submitted by the association and approved by
15061	15061	4 the commissioner. The plan of operation must:
15062	15062	5 (1) establish procedures for the handling and accounting of assets
15063	15063	6 and money of the association;
15064	15064	7 (2) establish the amount and method of reimbursing members of
15065	15065	8 the board;
15066	15066	9 (3) establish regular times and places for meetings of the board of
15067	15067	10 directors;
15068	15068	11 (4) establish procedures for records to be kept of all financial
15069	15069	12 transactions and for the annual fiscal reporting to the
15070	15070	13 commissioner;
15071	15071	14 (5) establish procedures whereby selections for the board of
15072	15072	15 directors will be made and submitted to the commissioner for
15073	15073	16 approval;
15074	15074	17 (6) contain additional provisions necessary or proper for the
15075	15075	18 execution of the powers and duties of the association; and
15076	15076	19 (7) establish procedures for the periodic advertising of the general
15077	15077	20 availability of the health insurance coverages from the
15078	15078	21 association.
15079	15079	22 (d) The plan of operation may provide that any of the powers and
15080	15080	23 duties of the association be delegated to a person who will perform
15081	15081	24 functions similar to those of this association. A delegation under this
15082	15082	25 section takes effect only with the approval of both the board of
15083	15083	26 directors and the commissioner. The commissioner may not approve a
15084	15084	27 delegation unless the protections afforded to the insured are
15085	15085	28 substantially equivalent to or greater than those provided under this
15086	15086	29 chapter.
15087	15087	30 (e) The association has the general powers and authority enumerated
15088	15088	31 by this subsection in accordance with the plan of operation approved
15089	15089	32 by the commissioner under subsection (c). The association has the
15090	15090	33 general powers and authority granted under the laws of Indiana to
15091	15091	34 carriers licensed to transact the kinds of health care services or health
15092	15092	35 insurance described in section 1 of this chapter and also has the
15093	15093	36 specific authority to do the following:
15094	15094	37 (1) Enter into contracts as are necessary or proper to carry out this
15095	15095	38 chapter, subject to the approval of the commissioner.
15096	15096	39 (2) Subject to section 2.6 of this chapter, sue or be sued, including
15097	15097	40 taking any legal actions necessary or proper for recovery of any
15098	15098	41 assessments for, on behalf of, or against participating carriers.
15099	15099	42 (3) Take legal action necessary to avoid the payment of improper
15100	15100	2024 IN 1267—LS 6912/DI 92 352
15101	15101	1 claims against the association or the coverage provided by or
15102	15102	2 through the association.
15103	15103	3 (4) Establish a medical review committee to determine the
15104	15104	4 reasonably appropriate level and extent of health care services in
15105	15105	5 each instance.
15106	15106	6 (5) Establish appropriate rates, scales of rates, rate classifications
15107	15107	7 and rating adjustments, such rates not to be unreasonable in
15108	15108	8 relation to the coverage provided and the reasonable operational
15109	15109	9 expenses of the association.
15110	15110	10 (6) Pool risks among members.
15111	15111	11 (7) Issue policies of insurance on an indemnity or provision of
15112	15112	12 service basis providing the coverage required by this chapter.
15113	15113	13 (8) Administer separate pools, separate accounts, or other plans
15114	15114	14 or arrangements considered appropriate for separate members or
15115	15115	15 groups of members.
15116	15116	16 (9) Operate and administer any combination of plans, pools, or
15117	15117	17 other mechanisms considered appropriate to best accomplish the
15118	15118	18 fair and equitable operation of the association.
15119	15119	19 (10) Appoint from among members appropriate legal, actuarial,
15120	15120	20 and other committees as necessary to provide technical assistance
15121	15121	21 in the operation of the association, policy and other contract
15122	15122	22 design, and any other function within the authority of the
15123	15123	23 association.
15124	15124	24 (11) Hire an independent consultant.
15125	15125	25 (12) Develop a method of advising applicants of the availability
15126	15126	26 of other coverages outside the association.
15127	15127	27 (13) Provide for the use of managed care plans for insureds,
15128	15128	28 including the use of:
15129	15129	29 (A) health maintenance organizations; and
15130	15130	30 (B) preferred provider plans.
15131	15131	31 (14) Solicit bids directly from providers for coverage under this
15132	15132	32 chapter.
15133	15133	33 (15) Subject to section 3 of this chapter, negotiate reimbursement
15134	15134	34 rates and enter into contracts with individual health care providers
15135	15135	35 and health care provider groups.
15136	15136	36 (f) Rates for coverages issued by the association may not be
15137	15137	37 unreasonable in relation to the benefits provided, the risk experience,
15138	15138	38 and the reasonable expenses of providing the coverage. Separate scales
15139	15139	39 of premium rates based on age apply for individual risks. Premium
15140	15140	40 rates must take into consideration the extra morbidity and
15141	15141	41 administration expenses, if any, for risks insured in the association. The
15142	15142	42 rates for a given classification must be equal to one hundred fifty
15143	15143	2024 IN 1267—LS 6912/DI 92 353
15144	15144	1 percent (150%) of the average premium rate for that class charged by
15145	15145	2 the five (5) carriers with the largest premium volume in the state during
15146	15146	3 the preceding calendar year. In determining the average rate of the five
15147	15147	4 (5) largest carriers, the rates charged by the carriers shall be actuarially
15148	15148	5 adjusted to determine the rate that would have been charged for
15149	15149	6 benefits substantially identical to those issued by the association. All
15150	15150	7 rates adopted by the association must be submitted to the commissioner
15151	15151	8 for approval.
15152	15152	9 (g) Following the close of the association's fiscal year, the
15153	15153	10 association shall determine the net premiums, the expenses of
15154	15154	11 administration, and the incurred losses for the year. Twenty-five
15155	15155	12 percent (25%) of any net loss shall be assessed by the association to all
15156	15156	13 members in proportion to their respective shares of total health
15157	15157	14 insurance premiums as reported to the department of insurance,
15158	15158	15 excluding premiums for Medicaid contracts with the state of Indiana,
15159	15159	16 received in Indiana during the calendar year (or with paid losses in the
15160	15160	17 year) coinciding with or ending during the fiscal year of the
15161	15161	18 association. Seventy-five percent (75%) of any net loss shall be paid by
15162	15162	19 the state. In sharing losses, the association may abate or defer in any
15163	15163	20 part the assessment of a member, if, in the opinion of the board,
15164	15164	21 payment of the assessment would endanger the ability of the member
15165	15165	22 to fulfill its contractual obligations. The association may also provide
15166	15166	23 for interim assessments against members of the association if necessary
15167	15167	24 to assure the financial capability of the association to meet the incurred
15168	15168	25 or estimated claims expenses or operating expenses of the association
15169	15169	26 until the association's next fiscal year is completed. Net gains, if any,
15170	15170	27 must be held at interest to offset future losses or allocated to reduce
15171	15171	28 future premiums. Assessments must be determined by the board
15172	15172	29 members specified in subsection (b)(1), subject to final approval by the
15173	15173	30 commissioner.
15174	15174	31 (h) The association shall conduct periodic audits to assure the
15175	15175	32 general accuracy of the financial data submitted to the association, and
15176	15176	33 the association shall have an annual audit of its operations by an
15177	15177	34 independent certified public accountant.
15178	15178	35 (i) The association is subject to examination by the department of
15179	15179	36 insurance under IC 27-1-3.1. The board of directors shall submit, not
15180	15180	37 later than March 30 of each year, a financial report for the preceding
15181	15181	38 calendar year in a form approved by the commissioner.
15182	15182	39 (j) All policy forms issued by the association must conform in
15183	15183	40 substance to prototype forms developed by the association, must in all
15184	15184	41 other respects conform to the requirements of this chapter, and must be
15185	15185	42 filed with and approved by the commissioner before their use.
15186	15186	2024 IN 1267—LS 6912/DI 92 354
15187	15187	1 (k) The association may not issue an association policy to any
15188	15188	2 individual who, on the effective date of the coverage applied for, does
15189	15189	3 not meet the eligibility requirements of section 5.1 of this chapter.
15190	15190	4 (l) The association and the premium collected by the association
15191	15191	5 shall be exempt from the premium tax, the adjusted gross income tax,
15192	15192	6 or any combination of these upon revenues or income that may be
15193	15193	7 imposed by the state.
15194	15194	8 (m) Members who, during any calendar year, have paid one (1) or
15195	15195	9 more assessments levied under this chapter may include in the rates for
15196	15196	10 premiums charged for insurance policies to which this chapter applies
15197	15197	11 amounts sufficient to recoup a sum equal to the amounts paid to the
15198	15198	12 association by the member less any amounts returned to the member
15199	15199	13 insurer by the association, and the rates shall not be deemed excessive
15200	15200	14 by virtue of including an amount reasonably calculated to recoup
15201	15201	15 assessments paid by the member.
15202	15202	16 (n) The association shall provide for the option of monthly
15203	15203	17 collection of premiums.
15204	15204	18 (o) The association shall periodically certify to the budget agency
15205	15205	19 the amount necessary to pay seventy-five percent (75%) of any net loss
15206	15206	20 as specified in subsection (g).
15207	15207	21 SECTION 567. IC 28-7-1-0.5, AS AMENDED BY P.L.129-2020,
15208	15208	22 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15209	15209	23 JULY 1, 2024]: Sec. 0.5. The following definitions apply throughout
15210	15210	24 this chapter:
15211	15211	25 (1) "Automated teller machine" (ATM) means a piece of
15212	15212	26 unmanned electronic or mechanical equipment that performs
15213	15213	27 routine financial transactions for authorized individuals.
15214	15214	28 (2) "Branch" office" means an office, agency, or other place of
15215	15215	29 business at which deposits are received, share drafts are paid, or
15216	15216	30 money is lent to members of a credit union. The term does not
15217	15217	31 include:
15218	15218	32 (A) the principal office of a credit union;
15219	15219	33 (B) the principal office of a credit union affiliate;
15220	15220	34 (C) a branch office of a credit union affiliate;
15221	15221	35 (D) an automated teller machine; or
15222	15222	36 (E) a night depository.
15223	15223	37 (3) "Credit union" is a cooperative, nonprofit association,
15224	15224	38 incorporated under this chapter, for the purposes of educating its
15225	15225	39 members in the concepts of thrift and to encourage savings among
15226	15226	40 its members. A credit union should provide a source of credit at
15227	15227	41 a fair and reasonable rate of interest and provide an opportunity
15228	15228	42 for its members to use and control their own money in order to
15229	15229	2024 IN 1267—LS 6912/DI 92 355
15230	15230	1 improve their economic and social condition.
15231	15231	2 (4) "Department" refers to the department of financial institutions.
15232	15232	3 (5) "Surplus" means the credit balance of undivided earnings after
15233	15233	4 losses. The term does not include statutory reserves.
15234	15234	5 (6) "Unimpaired shares" means paid in shares less any losses for
15235	15235	6 which no reserve exists and for which there is no charge against
15236	15236	7 undivided earnings.
15237	15237	8 (7) "Related credit union service organization" means, in
15238	15238	9 reference to a credit union, a credit union service organization (as
15239	15239	10 defined and formed under Part 712 of the regulations of the
15240	15240	11 National Credit Union Administration, 12 CFR 712) in which the
15241	15241	12 credit union has invested under section 9(a)(4) of this chapter.
15242	15242	13 (8) "Premises" means any office, branch, suboffice, service
15243	15243	14 center, parking lot, real estate, or other facility where the credit
15244	15244	15 union transacts or will transact business.
15245	15245	16 (9) "Furniture, fixtures, and equipment" means office furnishings,
15246	15246	17 office machines, computer hardware, computer software,
15247	15247	18 automated terminals, and heating and cooling equipment.
15248	15248	19 (10) "Fixed assets" means:
15249	15249	20 (A) premises; and
15250	15250	21 (B) furniture, fixtures, and equipment.
15251	15251	22 (11) "Audit period" means a twelve (12) month period designated
15252	15252	23 by the board of directors of a credit union.
15253	15253	24 (12) "Community" means:
15254	15254	25 (A) a second class city;
15255	15255	26 (B) a third class city;
15256	15256	27 (C) a town;
15257	15257	28 (D) a county other than a county containing a consolidated
15258	15258	29 city;
15259	15259	30 (E) a census tract;
15260	15260	31 (F) a township; or
15261	15261	32 (G) any other municipal corporation (as defined in
15262	15262	33 IC 36-1-2-10).
15263	15263	34 (13) "Control of a related interest" refers to a situation in which
15264	15264	35 an individual directly or indirectly, or through or in concert with
15265	15265	36 one (1) or more other individuals, possesses any of the following:
15266	15266	37 (A) The ownership of, control of, or power to vote at least
15267	15267	38 twenty-five percent (25%) of any class of voting securities of
15268	15268	39 the related interest.
15269	15269	40 (B) The control in any manner of the election of a majority of
15270	15270	41 the directors of the related interest.
15271	15271	42 (C) The power to exercise a controlling influence over the
15272	15272	2024 IN 1267—LS 6912/DI 92 356
15273	15273	1 management or policies of the related interest. For purposes of
15274	15274	2 this clause, an individual is presumed to have control,
15275	15275	3 including the power to exercise a controlling influence over
15276	15276	4 the management or policies of a related interest, if the
15277	15277	5 individual:
15278	15278	6 (i) is an executive officer or a director of the related interest
15279	15279	7 and directly or indirectly owns, controls, or has the power to
15280	15280	8 vote more than ten percent (10%) of any class of voting
15281	15281	9 securities of the related interest; or
15282	15282	10 (ii) directly or indirectly owns, controls, or has the power to
15283	15283	11 vote more than ten percent (10%) of any class of voting
15284	15284	12 securities of the related interest and no other person owns,
15285	15285	13 controls, or has the power to vote a greater percentage of
15286	15286	14 that class of voting securities.
15287	15287	15 (14) "Executive officer" includes any of the following officers of
15288	15288	16 a credit union:
15289	15289	17 (A) The chairman chairperson of the board of directors.
15290	15290	18 (B) The president.
15291	15291	19 (C) A vice president.
15292	15292	20 (D) The cashier.
15293	15293	21 (E) The secretary.
15294	15294	22 (F) The treasurer.
15295	15295	23 (15) "Immediate family", for purposes of section 17.2 of this
15296	15296	24 chapter, means the spouse of an individual, the individual's minor
15297	15297	25 children, and any of the individual's children, including adults,
15298	15298	26 residing in the individual's home.
15299	15299	27 (16) "Officer" means any individual who is not solely a director
15300	15300	28 or committee member and participates or has the authority to
15301	15301	29 participate in major policymaking functions of a credit union,
15302	15302	30 regardless of whether:
15303	15303	31 (A) the individual has an official title;
15304	15304	32 (B) the individual's title designates the individual as an
15305	15305	33 assistant; or
15306	15306	34 (C) the individual is serving without salary or other
15307	15307	35 compensation.
15308	15308	36 (17) "Related interest", with respect to an individual, means:
15309	15309	37 (A) a partnership, a corporation, or another business
15310	15310	38 organization that is controlled by the individual; or
15311	15311	39 (B) a political campaign committee:
15312	15312	40 (i) controlled by the individual; or
15313	15313	41 (ii) the funds or services of which benefit the individual.
15314	15314	42 (18) Except as provided in section 9(a)(4) of this chapter, "capital
15315	15315	2024 IN 1267—LS 6912/DI 92 357
15316	15316	1 and surplus" means the sum of:
15317	15317	2 (A) undivided profits;
15318	15318	3 (B) reserve for contingencies;
15319	15319	4 (C) regular reserve; and
15320	15320	5 (D) allowance for loan and lease losses.
15321	15321	6 SECTION 568. IC 28-11-1-6, AS AMENDED BY P.L.57-2006,
15322	15322	7 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15323	15323	8 JULY 1, 2024]: Sec. 6. (a) The governor shall designate one (1) of the
15324	15324	9 members as chairman. chairperson. The governor may appoint the
15325	15325	10 director as chairman chairperson under this section.
15326	15326	11 (b) The chairman chairperson has one (1) vote on all matters voted
15327	15327	12 on by the members.
15328	15328	13 SECTION 569. IC 28-11-1-8 IS AMENDED TO READ AS
15329	15329	14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) During the first
15330	15330	15 meeting after June 30 of each year, the members shall elect the
15331	15331	16 following officers:
15332	15332	17 (1) One (1) member as vice chairman. chairperson.
15333	15333	18 (2) One (1) individual, who need not be a member, as secretary.
15334	15334	19 (3) Other officers considered necessary by the members.
15335	15335	20 (b) The officers elected under subsection (a) hold office for one (1)
15336	15336	21 year and until their successors are elected and qualified.
15337	15337	22 SECTION 570. IC 28-11-1-9 IS AMENDED TO READ AS
15338	15338	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Each year the
15339	15339	24 members shall hold the following:
15340	15340	25 (1) Regular meetings at times specified by resolution of the
15341	15341	26 members.
15342	15342	27 (2) Special meetings at the call of the chairman. chairperson.
15343	15343	28 SECTION 571. IC 28-11-1-14, AS AMENDED BY P.L.217-2007,
15344	15344	29 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15345	15345	30 JULY 1, 2024]: Sec. 14. All assignments, deeds, instruments, notices,
15346	15346	31 orders, rules, and other documents of the department shall be executed
15347	15347	32 in the name of "The Department of Financial Institutions" by the
15348	15348	33 director or, in case of the director's absence or disability, by:
15349	15349	34 (1) the chairman; chairperson;
15350	15350	35 (2) an officer elected by the members; or
15351	15351	36 (3) an employee of the department designated in writing by the
15352	15352	37 director or the chairman. chairperson.
15353	15353	38 SECTION 572. IC 28-13-9-7 IS AMENDED TO READ AS
15354	15354	39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A director may
15355	15355	40 resign at any time by delivering written notice:
15356	15356	41 (1) to the board of directors, its chairman, chairperson, or the
15357	15357	42 secretary of the corporation; or
15358	15358	2024 IN 1267—LS 6912/DI 92 358
15359	15359	1 (2) if the articles of incorporation or bylaws so provide, to another
15360	15360	2 designated officer.
15361	15361	3 (b) A resignation is effective when the notice is delivered unless the
15362	15362	4 notice specifies a later effective date.
15363	15363	5 SECTION 573. IC 28-13-12-3, AS AMENDED BY P.L.35-2010,
15364	15364	6 SECTION 204, IS AMENDED TO READ AS FOLLOWS
15365	15365	7 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may resign at any
15366	15366	8 time by delivering notice:
15367	15367	9 (1) to the board of directors, its chairman, chairperson, or the
15368	15368	10 secretary of the corporation; or
15369	15369	11 (2) if the articles of incorporation or bylaws so provide, to another
15370	15370	12 designated officer.
15371	15371	13 (b) A resignation is effective when the notice is delivered unless the
15372	15372	14 notice specifies a later effective date. If a resignation is made effective
15373	15373	15 at a later date and the corporation accepts the future effective date, the
15374	15374	16 corporation's board of directors may fill the pending vacancy before the
15375	15375	17 effective date if the board of directors provides that the successor does
15376	15376	18 not take office until the effective date.
15377	15377	19 (c) A board of directors may remove any officer at any time with or
15378	15378	20 without cause.
15379	15379	21 (d) An officer who appoints another officer or assistant officer may
15380	15380	22 remove the appointed officer or assistant officer at any time with or
15381	15381	23 without cause.
15382	15382	24 (e) If a corporation replaces the chief executive officer of the
15383	15383	25 corporation, the corporation shall give the department written notice of
15384	15384	26 the replacement not later than thirty (30) days after the chief executive
15385	15385	27 officer is replaced.
15386	15386	28 SECTION 574. IC 29-1-1-22 IS AMENDED TO READ AS
15387	15387	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. Any person
15388	15388	30 considering himself aggrieved by any decision of a court having
15389	15389	31 probate jurisdiction in proceedings under this article may prosecute an
15390	15390	32 appeal to the court having jurisdiction of such appeal. Such appeal
15391	15391	33 shall be taken as appeals are taken in civil causes. Executors,
15392	15392	34 administrators, guardians and fiduciaries may have a stay of
15393	15393	35 proceedings without bond.
15394	15394	36 SECTION 575. IC 29-1-17-10 IS AMENDED TO READ AS
15395	15395	37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) When the estate
15396	15396	38 is otherwise ready to be distributed, it shall be distributed in kind to
15397	15397	39 whatever extent it is practicable, unless the terms of the will otherwise
15398	15398	40 provide or unless a partition sale is ordered. Except as provided in
15399	15399	41 subsection (b) of this section, any general legatee may elect to take the
15400	15400	42 value of his the legatee's legacy in kind, and any distributee, who by
15401	15401	2024 IN 1267—LS 6912/DI 92 359
15402	15402	1 the terms of the will is to receive land or any other thing to be
15403	15403	2 purchased by the personal representative, may, if he the distributee
15404	15404	3 notifies the personal representative before the thing is purchased, elect
15405	15405	4 to take the purchase price or property of the estate which the personal
15406	15406	5 representative would otherwise sell to obtain such purchase price.
15407	15407	6 Values for the purposes of such distributions in kind shall be
15408	15408	7 determined at a time not more than ten (10) days prior to the filing of
15409	15409	8 the petition for distribution, and if necessary to avoid substantial
15410	15410	9 inequities may be redetermined at any time prior to the order of
15411	15411	10 distribution.
15412	15412	11 (b) If the terms of the will direct the purchase of an annuity, the
15413	15413	12 person to whom the income thereof shall be directed to be paid shall
15414	15414	13 not have the right to elect to take the capital sum directed to be used for
15415	15415	14 such purchase in lieu of such annuity except to the extent that the will
15416	15416	15 expressly provides that an assignable annuity be purchased. Nothing
15417	15417	16 herein contained shall affect the rights of election by a surviving spouse
15418	15418	17 against a testamentary provision as provided in this article.
15419	15419	18 (c) If property distributed in kind or a security interest therein is
15420	15420	19 acquired in good faith for value by a purchaser from or lender to a
15421	15421	20 distributee who has received an instrument or deed of distribution or
15422	15422	21 release from the personal representative, or is so acquired in good faith
15423	15423	22 by a purchaser from or lender to a transferee of the distributee, the
15424	15424	23 purchaser or lender takes title free of any right of an interested person
15425	15425	24 in the estate and incurs no personal liability to the estate, or to any
15426	15426	25 interested person, whether or not the distribution was proper or
15427	15427	26 supported by court order or the authority of the personal representative
15428	15428	27 was terminated before execution of the instrument or deed. This
15429	15429	28 subsection protects a purchaser from or lender to a distributee who, as
15430	15430	29 personal representative, has executed a deed of distribution to himself,
15431	15431	30 the distributee, and a purchaser from or lender to any other distributee
15432	15432	31 or his the distributee's transferee. To be protected under this
15433	15433	32 subsection, a purchaser or lender need not inquire whether a personal
15434	15434	33 representative acted properly in making the distribution in kind, even
15435	15435	34 if the personal representative and the distributee are the same person,
15436	15436	35 or whether the authority of the personal representative had terminated
15437	15437	36 before the distribution.
15438	15438	37 SECTION 576. IC 29-2-1-9 IS AMENDED TO READ AS
15439	15439	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. A foreign personal
15440	15440	39 representative submits himself to the jurisdiction of the courts of this
15441	15441	40 state by (a) filing authenticated copies of his the personal
15442	15442	41 representative's appointment as provided in section 5 of this chapter,
15443	15443	42 (b) receiving payment of money or taking delivery of personal property
15444	15444	2024 IN 1267—LS 6912/DI 92 360
15445	15445	1 under section 2 of this chapter, or (c) doing any act as a personal
15446	15446	2 representative in this state which would have given the state
15447	15447	3 jurisdiction over him the personal representative as an individual.
15448	15448	4 Jurisdiction under (b) is limited to the money or value of personal
15449	15449	5 property collected.
15450	15450	6 SECTION 577. IC 29-2-6-1 IS AMENDED TO READ AS
15451	15451	7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. When any resident
15452	15452	8 of this state shall have absented himself been absent from his the
15453	15453	9 person's usual place of residence and gone to parts unknown for a
15454	15454	10 space of five (5) years, and when, in such case, thirty (30) days' notice
15455	15455	11 shall have been given to such person by publication in a newspaper of
15456	15456	12 general circulation published at the capital of the state, and also in a
15457	15457	13 paper published in the county where he the person last resided in such
15458	15458	14 state, if there be any, it shall be presumed and taken by the court having
15459	15459	15 probate jurisdiction in the county where such person last resided, or
15460	15460	16 any county of said state where trust funds or an interest therein have
15461	15461	17 been left to such person, as hereinafter set out, that such person is dead,
15462	15462	18 upon presentation of proper proof of such absence and of publication
15463	15463	19 of notice. Any interest any such absentee would have in any property
15464	15464	20 under and by the terms of any will shall be administered upon by the
15465	15465	21 executor of such will the same as though such person were in fact dead;
15466	15466	22 and where, by the terms of any will, a trust has been created in favor of
15467	15467	23 such absentee, such trust shall be terminated and the executor of such
15468	15468	24 will or the trustee in charge of said trust funds shall administer and
15469	15469	25 dispose of such funds as are provided in such will upon the death of the
15470	15470	26 cestui que trust: Provided, however, That before any distribution of any
15471	15471	27 such trust funds shall be made to the person or persons entitled to
15472	15472	28 receive the same, he or they the person or persons shall give security
15473	15473	29 to the approval of the proper circuit or superior court or probate court
15474	15474	30 of the county having jurisdiction thereof, in such sum as the court shall
15475	15475	31 direct, and conditioned that if the absentee shall, in fact, be at the time
15476	15476	32 alive, he or they the person or persons will respectively refund the
15477	15477	33 amounts received by each, with interest, on demand of said cestui que
15478	15478	34 trust, said bond to run and be enforced for the period of three (3) years
15479	15479	35 from the date of the judgment of the court declaring said absentee
15480	15480	36 legally dead, and if, during said period of three (3) years, the absentee
15481	15481	37 shall not appear and demand any rights he the absentee may have in
15482	15482	38 said trust, the rights of the absentee thereto shall be barred; but if the
15483	15483	39 person or persons entitled to receive the same is or are unable to give
15484	15484	40 the security aforesaid, then the court shall appoint a trustee, who shall
15485	15485	41 give bond for the faithful performance of his the trustee's duties in one
15486	15486	42 and one-half times the amount of such money, with sufficient sureties,
15487	15487	2024 IN 1267—LS 6912/DI 92 361
15488	15488	1 who shall invest said money at interest, as the court may direct, which
15489	15489	2 interest is to be paid annually to the person or persons entitled to it, and
15490	15490	3 the money to remain at interest until the security aforesaid is given, and
15491	15491	4 if the absentee does not appear and demand said money and his the
15492	15492	5 absentee's rights in said trust within said period of three (3) years, the
15493	15493	6 court shall order the money so held by such trustee so appointed by
15494	15494	7 said court to be paid to the person or persons entitled to it absolutely.
15495	15495	8 The provisions of this section shall apply to all pending and future
15496	15496	9 administrations of trust funds left to absentees.
15497	15497	10 SECTION 578. IC 30-2-5-3 IS AMENDED TO READ AS
15498	15498	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Except as otherwise
15499	15499	12 provided in this chapter, a corporation or transfer agent making a
15500	15500	13 transfer of a security pursuant to an assignment by a fiduciary:
15501	15501	14 (a) may assume without inquiry that the assignment, even though
15502	15502	15 to the fiduciary himself or to his the fiduciary's nominee, is
15503	15503	16 within his the fiduciary's authority and capacity and is not in
15504	15504	17 breach of his any fiduciary duties;
15505	15505	18 (b) may assume without inquiry that the fiduciary has complied
15506	15506	19 with any controlling instrument and with the law of the
15507	15507	20 jurisdiction governing the fiduciary relationship, including any
15508	15508	21 law requiring the fiduciary to obtain court approval of the
15509	15509	22 transfer; and
15510	15510	23 (c) is not charged with notice of and is not bound to obtain or
15511	15511	24 examine any court record or any recorded or unrecorded
15512	15512	25 document relating to the fiduciary relationship or the assignment,
15513	15513	26 even though the record or document is in its possession.
15514	15514	27 SECTION 579. IC 30-4-6-11 IS AMENDED TO READ AS
15515	15515	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (Appeals) (a) Any
15516	15516	29 person considering himself aggrieved by any decision of a court having
15517	15517	30 jurisdiction in proceedings under this article may prosecute an appeal
15518	15518	31 to the court having jurisdiction of such an appeal. That appeal shall be
15519	15519	32 taken as appeals are taken in civil causes.
15520	15520	33 (b) In an appeal, the trustee will be entitled to a stay of proceedings
15521	15521	34 without bond.
15522	15522	35 SECTION 580. IC 31-16-12-13, AS ADDED BY P.L.80-2010,
15523	15523	36 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15524	15524	37 JULY 1, 2024]: Sec. 13. If a court finds that a person who holds or has
15525	15525	38 applied for an employee's permit issued under IC 7.1-3-18-9(a)(3) is
15526	15526	39 delinquent (as defined in IC 31-25-4-2) as a result of an intentional
15527	15527	40 violation of an order for child support, the court shall issue an order to
15528	15528	41 the alcohol and tobacco commission that:
15529	15529	42 (1) requires the person's employee's permit be suspended until
15530	15530	2024 IN 1267—LS 6912/DI 92 362
15531	15531	1 further order of the court;
15532	15532	2 (2) orders the chairman chairperson of the alcohol and tobacco
15533	15533	3 commission not to issue an employee's permit to the person who
15534	15534	4 is the subject of the order if the person does not currently hold an
15535	15535	5 employee's permit; or
15536	15536	6 (3) orders the chairman chairperson of the alcohol and tobacco
15537	15537	7 commission not to renew the employee's permit of the person who
15538	15538	8 is the subject of the order.
15539	15539	9 SECTION 581. IC 32-22-1-2 IS AMENDED TO READ AS
15540	15540	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) This section does
15541	15541	11 not apply to any sale or contract made and entered into before
15542	15542	12 September 19, 1881.
15543	15543	13 (b) In all sales of real estate by a person less than eighteen (18)
15544	15544	14 years of age, the person may not disaffirm the sale without first
15545	15545	15 restoring to the purchaser the consideration received in the sale, if the
15546	15546	16 person falsely represented himself or herself to the purchaser to be at
15547	15547	17 least eighteen (18) years of age and the purchaser acted in good faith,
15548	15548	18 relied upon the person's representations in the sale, and had good cause
15549	15549	19 to believe the person to be at least eighteen (18) years of age.
15550	15550	20 SECTION 582. IC 33-26-2-4 IS AMENDED TO READ AS
15551	15551	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as
15552	15552	22 otherwise provided in this section, a vacancy on the tax court shall be
15553	15553	23 filled as provided in IC 33-27.
15554	15554	24 (b) Before the expiration of the sixty (60) day period prescribed by
15555	15555	25 IC 33-27-3-4, the governor shall:
15556	15556	26 (1) appoint to the tax court one (1) of the three (3) persons
15557	15557	27 initially nominated by the judicial nominating commission; or
15558	15558	28 (2) reject all the persons initially nominated by the commission.
15559	15559	29 If the governor does reject all the nominees, the governor shall notify
15560	15560	30 the chairman chairperson of the judicial nominating commission of
15561	15561	31 that action. The commission shall then submit the nominations of three
15562	15562	32 (3) new candidates to the governor not later than forty (40) days after
15563	15563	33 receipt of the notice. The governor shall fill the vacancy on the tax
15564	15564	34 court by appointing one (1) of the new candidates within sixty (60)
15565	15565	35 days from the date the names of the new candidates are submitted by
15566	15566	36 the commission.
15567	15567	37 SECTION 583. IC 33-27-2-1 IS AMENDED TO READ AS
15568	15568	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The governor
15569	15569	39 shall appoint three (3) nonattorney citizens of Indiana, one (1) each
15570	15570	40 from the First District, the Second District, and the Third District of the
15571	15571	41 court of appeals, as commissioners of the judicial nominating
15572	15572	42 commission.
15573	15573	2024 IN 1267—LS 6912/DI 92 363
15574	15574	1 (b) One (1) month before the expiration of a term of office of a
15575	15575	2 nonattorney commissioner, the governor shall either reappoint the
15576	15576	3 commissioner as provided in section 5 of this chapter or appoint a new
15577	15577	4 nonattorney commissioner. All appointments made by the governor to
15578	15578	5 the judicial nominating commission shall be certified to the secretary
15579	15579	6 of state and to the clerk of the supreme court not later than ten (10)
15580	15580	7 days after the appointment.
15581	15581	8 (c) Except as provided in subsection (e), the governor shall appoint
15582	15582	9 each nonattorney commissioner for a term of three (3) years.
15583	15583	10 (d) An appointed nonattorney commissioner must reside in the court
15584	15584	11 of appeals district for which the nonattorney commissioner was
15585	15585	12 appointed. A nonattorney commissioner is considered to have resigned
15586	15586	13 the position if the residency of the nonattorney commissioner changes
15587	15587	14 from the court of appeals district for which the nonattorney
15588	15588	15 commissioner was appointed.
15589	15589	16 (e) When a vacancy occurs in the office of a nonattorney
15590	15590	17 commissioner, the chairman chairperson of the commission shall
15591	15591	18 promptly notify the governor in writing. Vacancies in the office of
15592	15592	19 nonattorney commissioners shall be filled by appointment by the
15593	15593	20 governor not later than sixty (60) days after the governor receives
15594	15594	21 notice of the vacancy. The term of the nonattorney commissioner
15595	15595	22 appointed to fill the vacancy is for the unexpired term of the member
15596	15596	23 whose vacancy the new nonattorney commissioner has filled.
15597	15597	24 SECTION 584. IC 33-27-3-1 IS AMENDED TO READ AS
15598	15598	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) When a vacancy
15599	15599	26 occurs in the supreme court, the court of appeals, or the tax court, the
15600	15600	27 clerk of the court shall promptly notify the chairman chairperson of
15601	15601	28 the commission of the vacancy.
15602	15602	29 (b) The chairman chairperson shall call a meeting of the
15603	15603	30 commission not later than twenty (20) days after receiving the notice.
15604	15604	31 (c) The commission shall submit the nominations of three (3)
15605	15605	32 candidates for the vacancy and certify them to the governor as promptly
15606	15606	33 as possible, but not later than seventy (70) days after the time the
15607	15607	34 vacancy occurs.
15608	15608	35 (d) When it is known that a vacancy will occur at a definite future
15609	15609	36 date, but the vacancy has not yet occurred, the clerk shall notify the
15610	15610	37 commission immediately of the future vacancy, and the commission
15611	15611	38 may, not later than sixty (60) days after receiving the notice of the
15612	15612	39 vacancy, make nominations and submit to the governor the names of
15613	15613	40 three (3) persons nominated for the future vacancy.
15614	15614	41 SECTION 585. IC 33-27-3-6 IS AMENDED TO READ AS
15615	15615	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The judicial
15616	15616	2024 IN 1267—LS 6912/DI 92 364
15617	15617	1 nominating commission shall meet as necessary to discharge the
15618	15618	2 commission's responsibilities under the Constitution of the State of
15619	15619	3 Indiana and the state laws. Meetings of the commission shall be called
15620	15620	4 by the chairman, chairperson, or if the chairman chairperson fails to
15621	15621	5 call a meeting when a meeting is necessary, upon the call of any four
15622	15622	6 (4) members of the commission. When a meeting is called, the
15623	15623	7 chairman chairperson shall give each member of the commission at
15624	15624	8 least five (5) days written notice by mail of the time and place of the
15625	15625	9 meeting unless the commission at its previous meeting designated the
15626	15626	10 time and place of the next meeting.
15627	15627	11 (b) Meetings of the commission must be held at a place in Indiana,
15628	15628	12 as arranged by the chairman chairperson of the commission.
15629	15629	13 (c) The commission shall act only at a meeting and may act only on
15630	15630	14 the concurrence of a majority of the members attending a meeting. The
15631	15631	15 commission may not vote to reduce the number of candidates for
15632	15632	16 further consideration or to submit or not submit the list of nominees
15633	15633	17 under subsection (e) during an executive session. Four (4) members
15634	15634	18 constitute a quorum.
15635	15635	19 (d) The commission may adopt reasonable and proper rules for the
15636	15636	20 conduct of its proceedings and the discharge of its duties. The rules
15637	15637	21 must comply with this chapter and include procedures by which
15638	15638	22 eligible candidates for a vacancy in the supreme court or court of
15639	15639	23 appeals may submit their names to the commission. The rules are
15640	15640	24 public records, and the meetings of the commission at which the rules
15641	15641	25 are considered for initial adoption or amendment must be publicly
15642	15642	26 announced and open to the public.
15643	15643	27 (e) Notwithstanding IC 5-14-1.5-2, the commission is a public
15644	15644	28 agency for the purposes of IC 5-14-1.5. The commission may meet in
15645	15645	29 executive session under IC 5-14-1.5-6.1 for the consideration of a
15646	15646	30 candidate for judicial appointment if:
15647	15647	31 (1) notice of the executive session is given in the manner
15648	15648	32 prescribed by IC 5-14-1.5-5;
15649	15649	33 (2) all interviews of candidates are conducted at meetings open to
15650	15650	34 the public; and
15651	15651	35 (3) copies of all attributable communications (as defined in
15652	15652	36 section 2(i) of this chapter) concerning the candidates have been
15653	15653	37 provided to all commission members and made available for
15654	15654	38 public inspection and copying.
15655	15655	39 SECTION 586. IC 33-33-2-33 IS AMENDED TO READ AS
15656	15656	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) The judicial
15657	15657	41 nominating commission consists of seven (7) members, the majority of
15658	15658	42 whom shall form a quorum. The chief justice of the supreme court (or
15659	15659	2024 IN 1267—LS 6912/DI 92 365
15660	15660	1 a justice of the supreme court or judge of the court of appeals
15661	15661	2 designated by the chief justice) shall be a member and shall act as
15662	15662	3 chairman. chairperson. Persons who are admitted to the practice of
15663	15663	4 law and who reside in Allen County shall, under sections 35 and 36 of
15664	15664	5 this chapter, elect three (3) members to serve on the commission. The
15665	15665	6 governor shall appoint to the commission three (3) residents of Allen
15666	15666	7 County who are not admitted to the practice of law. However, not more
15667	15667	8 than two (2) of these appointees may be from the same political party.
15668	15668	9 If the governor fails to appoint any of the nonattorney commission
15669	15669	10 members within the time required under section 34 of this chapter, the
15670	15670	11 appointment shall be made by the chief justice of the supreme court.
15671	15671	12 (b) A member of the commission other than a judge or justice may
15672	15672	13 not hold any other salaried public office, and a member may not hold
15673	15673	14 an office in a political party or organization. A member of the
15674	15674	15 commission is ineligible for appointment to a judicial office in Allen
15675	15675	16 County while the member is a member of the commission and for three
15676	15676	17 (3) years thereafter. If any member of the commission other than a
15677	15677	18 judge or justice terminates the member's residence in Allen County, the
15678	15678	19 member is considered to have resigned from the commission.
15679	15679	20 SECTION 587. IC 33-33-2-34 IS AMENDED TO READ AS
15680	15680	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 34. (a) The governor
15681	15681	22 shall appoint the three (3) nonattorney members of the commission.
15682	15682	23 (b) One (1) month before the expiration of a term of office of a
15683	15683	24 nonattorney commissioner, the governor shall:
15684	15684	25 (1) reappoint the commissioner; or
15685	15685	26 (2) appoint a replacement.
15686	15686	27 All appointments shall be certified to the secretary of state, the clerk of
15687	15687	28 the supreme court, and the clerk of Allen superior court not more than
15688	15688	29 ten (10) days after the appointment.
15689	15689	30 (c) After their initial terms, the governor shall appoint each
15690	15690	31 nonattorney commissioner for a term of four (4) years.
15691	15691	32 (d) When a vacancy occurs in the office of a nonattorney
15692	15692	33 commissioner, the chairman chairperson of the commission shall
15693	15693	34 promptly notify the governor in writing of that fact. Vacancies in the
15694	15694	35 office of nonattorney commissioners shall be filled by appointment of
15695	15695	36 the governor not more than sixty (60) days after the governor has notice
15696	15696	37 of the vacancy. The nonattorney commissioner appointed shall serve
15697	15697	38 during the unexpired term of the member whose vacancy the
15698	15698	39 nonattorney commissioner has filled.
15699	15699	40 SECTION 588. IC 33-33-2-36 IS AMENDED TO READ AS
15700	15700	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 36. The attorney
15701	15701	42 members of the commission shall be elected by the following process:
15702	15702	2024 IN 1267—LS 6912/DI 92 366
15703	15703	1 (1) The clerk of the superior court shall, at least ninety (90) days
15704	15704	2 before the date of election, notify all attorneys in Allen County of
15705	15705	3 the election by mail, informing them that nominations must be
15706	15706	4 made to the clerk of the superior court at least sixty (60) days
15707	15707	5 before the election.
15708	15708	6 (2) A nomination in writing, accompanied by a signed petition of
15709	15709	7 ten (10) attorney electors and the written consent of the qualified
15710	15710	8 nominee, shall be filed by an attorney elector in the office of the
15711	15711	9 clerk at least sixty (60) days before the election.
15712	15712	10 (3) The clerk shall prepare and print ballots containing the names
15713	15713	11 and residential addresses of all attorney nominees whose written
15714	15714	12 nominations, petitions, and written statements of consent have
15715	15715	13 been received sixty (60) days before the election.
15716	15716	14 (A) The ballot must read:
15717	15717	15 "ALLEN SUPERIOR COURT
15718	15718	16 NOMINATING COMMISSION BALLOT
15719	15719	17 To be cast by individuals residing in Allen County and admitted to
15720	15720	18 the practice of law in Indiana. Vote for not more than three (3) of the
15721	15721	19 following candidates for terms commencing __________.
15722	15722	20 (Name)(Address)
15723	15723	21 (Name)(Address)
15724	15724	22 (etc.)(etc.)
15725	15725	23 To be counted, this ballot must be completed, the accompanying
15726	15726	24 certificate completed and signed, and both together mailed or delivered
15727	15727	25 to the clerk of the Allen Superior Court not later than
15728	15728	26 ______________.
15729	15729	27 DESTROY BALLOT IF NOT USED".
15730	15730	28 (B) The three (3) nominees receiving the most votes are
15731	15731	29 elected.
15732	15732	30 (4) The clerk shall also supply with each ballot distributed by the
15733	15733	31 clerk a certificate, to be completed and signed and returned by the
15734	15734	32 attorney elector voting the ballot, certifying that the attorney
15735	15735	33 elector is admitted to the practice of law in Indiana, that the
15736	15736	34 attorney elector resides in Allen County, and that the attorney
15737	15737	35 elector voted the ballot returned. A ballot not accompanied by the
15738	15738	36 signed certificate of the voter may not be counted.
15739	15739	37 (5) A separate envelope shall be provided by the clerk for the
15740	15740	38 ballot, in which only the voted ballot is to be placed. This
15741	15741	39 envelope may not be opened until the counting of the ballots.
15742	15742	40 (6) The clerk of the superior court shall mail a ballot and its
15743	15743	41 accompanying material to all qualified electors at least two (2)
15744	15744	42 weeks before the date of election.
15745	15745	2024 IN 1267—LS 6912/DI 92 367
15746	15746	1 (7) Upon receiving the completed ballots and the accompanying
15747	15747	2 certificates, the clerk shall ensure that the certificates have been
15748	15748	3 completed in compliance with this chapter. All ballots that are
15749	15749	4 accompanied by a valid certificate shall be placed in a package
15750	15750	5 designated to contain ballots. All accompanying certificates shall
15751	15751	6 be placed in a separate package.
15752	15752	7 (8) The clerk, with the assistance of the Allen County election
15753	15753	8 board, shall open and canvass all ballots after 4 p.m. on the day
15754	15754	9 of the election in the office of the clerk of the Allen superior
15755	15755	10 court. A ballot received after 4 p.m. may not be counted unless
15756	15756	11 the chairman chairperson of the judicial nominating commission
15757	15757	12 orders an extension of time because of extraordinary
15758	15758	13 circumstances. Upon canvassing the ballots the clerk shall place
15759	15759	14 all ballots in their package. These, along with the certificates,
15760	15760	15 shall be retained in the clerk's office for six (6) months, and the
15761	15761	16 clerk may not permit anyone to inspect them except upon an order
15762	15762	17 of the court of appeals.
15763	15763	18 (9) If two (2) or more nominees are tied so that one (1) additional
15764	15764	19 vote cast for one (1) of them would give that nominee a plurality,
15765	15765	20 the canvassers shall resolve the tie by lot, and the winner of the
15766	15766	21 lot is considered to have been elected.
15767	15767	22 SECTION 589. IC 33-33-2-39 IS AMENDED TO READ AS
15768	15768	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 39. (a) When a judge
15769	15769	24 of the superior court:
15770	15770	25 (1) dies, resigns, is removed from office; or
15771	15771	26 (2) is for any reason ineligible to continue or incapable of
15772	15772	27 continuing in office until the end of the judge's term in office;
15773	15773	28 a judge in another division may not more than thirty (30) days after the
15774	15774	29 vacancy occurs transfer to the vacant position for the remainder of the
15775	15775	30 transferring judge's term. A judge who has made one (1) transfer is
15776	15776	31 ineligible to make any other transfers. If more than one (1) judge
15777	15777	32 desires to transfer, the most senior of these judges is entitled to transfer.
15778	15778	33 After a transfer, or the thirty (30) day period if a transfer is not made,
15779	15779	34 the commission shall meet to nominate three (3) candidates to fill the
15780	15780	35 unexpired term of the vacancy caused by the transferring judge or the
15781	15781	36 original vacancy if a transfer is not made.
15782	15782	37 (b) The clerk shall promptly notify the members of the commission
15783	15783	38 of a vacancy that the commission must fill under subsection (a), and the
15784	15784	39 chairman chairperson shall call a meeting of the commission within
15785	15785	40 ten (10) days following that notice. The commission shall submit its
15786	15786	41 nominations of three (3) candidates for the vacancy and shall certify
15787	15787	42 them to the governor not later than sixty (60) days after the vacancy
15788	15788	2024 IN 1267—LS 6912/DI 92 368
15789	15789	1 occurred. When it is known that a vacancy will occur at a definite
15790	15790	2 future date within the term of the governor then serving:
15791	15791	3 (1) the clerk shall notify the chairman chairperson and each
15792	15792	4 member of the commission immediately; and
15793	15793	5 (2) the chairman chairperson shall call a meeting of the
15794	15794	6 commission within ten (10) days following that notice.
15795	15795	7 The commission may then submit its nominations of three (3)
15796	15796	8 candidates for each impending vacancy and shall certify them to the
15797	15797	9 governor.
15798	15798	10 (c) Meetings of the commission shall be called by its chairman,
15799	15799	11 chairperson, or, if the chairman chairperson fails to call a necessary
15800	15800	12 meeting, upon the call of any four (4) members of the commission.
15801	15801	13 Written notice of a meeting shall be given by mail to each member of
15802	15802	14 the commission at least five (5) days before the meeting, unless the
15803	15803	15 commission at its previous meeting designated the time and place of its
15804	15804	16 next meeting.
15805	15805	17 (d) Meetings of the commission may be held in the Allen County
15806	15806	18 courthouse or in another public building in Allen County designated by
15807	15807	19 the commission.
15808	15808	20 (e) The commission shall act only at a meeting and may act only by
15809	15809	21 the concurrence of a majority of its members attending a meeting. The
15810	15810	22 commission may adopt rules for the conduct of its proceedings and the
15811	15811	23 discharge of its duties.
15812	15812	24 SECTION 590. IC 33-33-71-35, AS AMENDED BY P.L.204-2021,
15813	15813	25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15814	15814	26 JULY 1, 2024]: Sec. 35. A person who has been appointed to a full four
15815	15815	27 (4) year term upon the commission may not succeed himself or herself
15816	15816	28 serve a successive term or be eligible for appointment to the
15817	15817	29 commission for four (4) years after the expiration of the term to which
15818	15818	30 the person was appointed.
15819	15819	31 SECTION 591. IC 33-33-71-61 IS AMENDED TO READ AS
15820	15820	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 61. Upon making a
15821	15821	33 determination recommending the censure, retirement, or removal of a
15822	15822	34 judge, the commission on judicial qualifications shall promptly file a
15823	15823	35 copy of the recommendation certified by the chairman chairperson or
15824	15824	36 secretary of the commission, together with the transcript and findings
15825	15825	37 and conclusions, with the clerk of the supreme court and shall promptly
15826	15826	38 mail to the judge and to the counsel notice of the filing, together with
15827	15827	39 a copy of the recommendation, finding, and conclusions.
15828	15828	40 SECTION 592. IC 33-33-71-64 IS AMENDED TO READ AS
15829	15829	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 64. Subpoenas for the
15830	15830	42 attendance of witnesses and the production of documentary evidence
15831	15831	2024 IN 1267—LS 6912/DI 92 369
15832	15832	1 between the commission on judicial qualifications or for discovery
15833	15833	2 shall be issued by the chairman chairperson of the commission and
15834	15834	3 shall be served in the manner provided by law for the service of
15835	15835	4 process.
15836	15836	5 SECTION 593. IC 33-33-71-66 IS AMENDED TO READ AS
15837	15837	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 66. All papers and
15838	15838	7 pleadings filed with the chairman chairperson of the commission on
15839	15839	8 judicial qualifications at the chairman's chairperson's office shall be
15840	15840	9 considered filed with the commission.
15841	15841	10 SECTION 594. IC 33-38-13-9 IS AMENDED TO READ AS
15842	15842	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission
15843	15843	12 shall meet as necessary to discharge its statutory and constitutional
15844	15844	13 responsibilities. Meetings of the commission shall be called in the same
15845	15845	14 manner as prescribed for the judicial nominating commission. Four (4)
15846	15846	15 members of the commission constitute a quorum for the transaction of
15847	15847	16 business.
15848	15848	17 (b) Meetings of the commission shall be held in Indiana as the
15849	15849	18 chairman chairperson of the commission arranges.
15850	15850	19 (c) The commission may act only at a meeting. The commission
15851	15851	20 may adopt rules and regulations to conduct meetings and discharge its
15852	15852	21 duties.
15853	15853	22 SECTION 595. IC 33-38-13-24 IS AMENDED TO READ AS
15854	15854	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 24. (a) The chairman
15855	15855	24 chairperson of the commission may extend the time for:
15856	15856	25 (1) filing an answer;
15857	15857	26 (2) conducting a hearing before the commission; and
15858	15858	27 (3) filing objections to the report of the masters.
15859	15859	28 (b) The presiding master may, with the approval of the chairman
15860	15860	29 chairperson of the commission, extend the time for conducting a
15861	15861	30 hearing before the masters.
15862	15862	31 SECTION 596. IC 33-38-13-28 IS AMENDED TO READ AS
15863	15863	32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 28. Upon
15864	15864	33 recommending the censure, retirement, or removal of a justice or judge,
15865	15865	34 the commission shall promptly file the following with the clerk of the
15866	15866	35 supreme court:
15867	15867	36 (1) A copy of the recommendation certified by the chairman
15868	15868	37 chairperson or secretary of the commission.
15869	15869	38 (2) A transcript of the evidence.
15870	15870	39 (3) Findings of fact and conclusions of law.
15871	15871	40 The commission shall promptly mail to the justice or judge and the
15872	15872	41 counsel notice of the filing and copies of the filed documents.
15873	15873	42 SECTION 597. IC 33-38-13-31 IS AMENDED TO READ AS
15874	15874	2024 IN 1267—LS 6912/DI 92 370
15875	15875	1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) A master may
15876	15876	2 issue a subpoena for:
15877	15877	3 (1) the attendance of witnesses;
15878	15878	4 (2) the production of documentary evidence; or
15879	15879	5 (3) discovery;
15880	15880	6 in a proceeding before the masters. The master shall serve the
15881	15881	7 subpoena in the manner provided by law.
15882	15882	8 (b) The chairman chairperson of the commission may issue a
15883	15883	9 subpoena for:
15884	15884	10 (1) the attendance of witnesses;
15885	15885	11 (2) the production of documentary evidence; or
15886	15886	12 (3) discovery;
15887	15887	13 in a proceeding before the commission in which masters have not been
15888	15888	14 appointed. The chairman chairperson shall serve the subpoena in the
15889	15889	15 manner provided by law.
15890	15890	16 SECTION 598. IC 33-38-13-33, AS AMENDED BY P.L.2-2005,
15891	15891	17 SECTION 111, IS AMENDED TO READ AS FOLLOWS
15892	15892	18 [EFFECTIVE JULY 1, 2024]: Sec. 33. All papers and pleadings filed
15893	15893	19 with the office of the chairman chairperson of the commission are
15894	15894	20 considered to have been filed with the commission.
15895	15895	21 SECTION 599. IC 33-38-14-11 IS AMENDED TO READ AS
15896	15896	22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The commission
15897	15897	23 shall meet as necessary to discharge its statutory responsibilities.
15898	15898	24 Meetings of the commission shall be called in the same manner as
15899	15899	25 prescribed for the judicial nominating commission. Four (4) members
15900	15900	26 of the commission constitute a quorum.
15901	15901	27 (b) Commission meetings are to be held in Indiana on the call of the
15902	15902	28 chairman. chairperson.
15903	15903	29 (c) The commission may act only at a meeting. The commission
15904	15904	30 may adopt rules and regulations to conduct its meetings and discharge
15905	15905	31 its duties.
15906	15906	32 SECTION 600. IC 33-38-14-26 IS AMENDED TO READ AS
15907	15907	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) The chairman
15908	15908	34 chairperson of the commission may extend the time for:
15909	15909	35 (1) filing an answer;
15910	15910	36 (2) commencing a hearing before the commission; or
15911	15911	37 (3) filing objections to the report of the masters.
15912	15912	38 (b) The presiding master, with the approval of the chairman
15913	15913	39 chairperson of the commission, may extend the time for commencing
15914	15914	40 a hearing before the masters.
15915	15915	41 SECTION 601. IC 33-38-14-30 IS AMENDED TO READ AS
15916	15916	42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 30. Upon
15917	15917	2024 IN 1267—LS 6912/DI 92 371
15918	15918	1 recommending the discipline, retirement, or removal of a judge, the
15919	15919	2 commission shall file a copy of each of the following with the clerk of
15920	15920	3 the supreme court:
15921	15921	4 (1) The recommendation certified by the chairman chairperson
15922	15922	5 or secretary of the commission.
15923	15923	6 (2) The transcript.
15924	15924	7 (3) The findings of fact and conclusions of law.
15925	15925	8 The commission shall mail to the judge and the counsel notice of the
15926	15926	9 filing and copies of the filed documents.
15927	15927	10 SECTION 602. IC 33-38-14-33 IS AMENDED TO READ AS
15928	15928	11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) A master may
15929	15929	12 issue a subpoena for:
15930	15930	13 (1) the attendance of witnesses;
15931	15931	14 (2) the production of documentary evidence; or
15932	15932	15 (3) discovery;
15933	15933	16 in a proceeding before the masters. The master shall serve the
15934	15934	17 subpoena in the manner provided by law.
15935	15935	18 (b) The chairman chairperson of the commission may issue a
15936	15936	19 subpoena for:
15937	15937	20 (1) the attendance of witnesses;
15938	15938	21 (2) the production of documentary evidence; or
15939	15939	22 (3) discovery;
15940	15940	23 in a proceeding before the commission or in which masters have not
15941	15941	24 been appointed. The chairman chairperson shall serve the subpoena
15942	15942	25 in the manner provided by law.
15943	15943	26 SECTION 603. IC 33-38-14-35 IS AMENDED TO READ AS
15944	15944	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. All papers and
15945	15945	28 pleadings filed with the office of the chairman chairperson of the
15946	15946	29 commission are considered filed with the commission.
15947	15947	30 SECTION 604. IC 33-40-2-2 IS AMENDED TO READ AS
15948	15948	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Upon receiving a
15949	15949	32 written request under section 1 of this chapter, the state public defender
15950	15950	33 shall:
15951	15951	34 (1) accept the appointment; himself or herself;
15952	15952	35 (2) appoint any of the state public defender's deputies; or
15953	15953	36 (3) appoint any practicing attorney:
15954	15954	37 (A) admitted to the practice of law in Indiana; and
15955	15955	38 (B) who is competent to practice law in criminal cases;
15956	15956	39 subject to the concurring appointment, of record, by the requesting
15957	15957	40 judge.
15958	15958	41 SECTION 605. IC 34-18-1-2, AS ADDED BY P.L.220-2011,
15959	15959	42 SECTION 552, IS AMENDED TO READ AS FOLLOWS
15960	15960	2024 IN 1267—LS 6912/DI 92 372
15961	15961	1 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The addition of
15962	15962	2 IC 16-9.5-2-2.1, IC 16-9.5-2-2.2, IC 16-9.5-2-2.3, and IC 16-9.5-2-2.4
15963	15963	3 (before their repeal) by P.L.179-1985 does not apply to medical
15964	15964	4 malpractice claims initiated through the filing of a proposed complaint
15965	15965	5 under IC 16-9.5-9-1 (before its repeal) before June 1, 1985.
15966	15966	6 (b) The amendments made to IC 16-9.5-9-10 (before its repeal) by
15967	15967	7 P.L.180-1985 do not apply to the chairman chairperson of a medical
15968	15968	8 review panel formed before September 1, 1985.
15969	15969	9 SECTION 606. IC 34-18-10-3 IS AMENDED TO READ AS
15970	15970	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A medical review
15971	15971	11 panel consists of one (1) attorney and three (3) health care providers.
15972	15972	12 (b) The attorney member of the medical review panel shall act as
15973	15973	13 chairman chairperson of the panel and in an advisory capacity but may
15974	15974	14 not vote.
15975	15975	15 (c) The chairman chairperson of the medical review panel shall
15976	15976	16 expedite the selection of the other panel members, convene the panel,
15977	15977	17 and expedite the panel's review of the proposed complaint. The
15978	15978	18 chairman chairperson may establish a reasonable schedule for
15979	15979	19 submission of evidence to the medical review panel but must allow
15980	15980	20 sufficient time for the parties to make full and adequate presentation of
15981	15981	21 related facts and authorities.
15982	15982	22 SECTION 607. IC 34-18-10-4 IS AMENDED TO READ AS
15983	15983	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A medical review
15984	15984	24 panel shall be selected in the following manner:
15985	15985	25 (1) Within fifteen (15) days after the filing of a request for
15986	15986	26 formation of a medical review panel under section 2 of this
15987	15987	27 chapter, the parties shall select a panel chairman chairperson by
15988	15988	28 agreement. If no agreement on a panel chairman chairperson can
15989	15989	29 be reached, either party may request the clerk of the supreme
15990	15990	30 court to draw at random a list of five (5) names of attorneys who:
15991	15991	31 (A) are qualified to practice;
15992	15992	32 (B) are presently on the rolls of the supreme court; and
15993	15993	33 (C) maintain offices in the county of venue designated in the
15994	15994	34 proposed complaint or in a contiguous county.
15995	15995	35 (2) Before selecting the random list, the clerk shall collect a
15996	15996	36 twenty-five dollar ($25) medical review panel selection fee from
15997	15997	37 the party making the request for the formation of the random list.
15998	15998	38 (3) The clerk shall notify the parties, and the parties shall then
15999	15999	39 strike names alternately with the plaintiff striking first until one
16000	16000	40 (1) name remains. The remaining attorney shall be the chairman
16001	16001	41 chairperson of the panel.
16002	16002	42 (4) After the striking, the plaintiff shall notify the chairman
16003	16003	2024 IN 1267—LS 6912/DI 92 373
16004	16004	1 chairperson and all other parties of the name of the chairman.
16005	16005	2 chairperson.
16006	16006	3 (5) If a party does not strike a name within five (5) days after
16007	16007	4 receiving notice from the clerk:
16008	16008	5 (A) the opposing party shall, in writing, request the clerk to
16009	16009	6 strike for the party; and
16010	16010	7 (B) the clerk shall strike for that party.
16011	16011	8 (6) When one (1) name remains, the clerk shall within five (5)
16012	16012	9 days notify the chairman chairperson and all other parties of the
16013	16013	10 name of the chairman. chairperson.
16014	16014	11 (7) Within fifteen (15) days after being notified by the clerk of
16015	16015	12 being selected as chairman, chairperson, the chairman
16016	16016	13 chairperson shall:
16017	16017	14 (A) send a written acknowledgment of appointment to the
16018	16018	15 clerk; or
16019	16019	16 (B) show good cause for relief from serving as provided in
16020	16020	17 section 12 of this chapter.
16021	16021	18 SECTION 608. IC 34-18-10-9 IS AMENDED TO READ AS
16022	16022	19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Within fifteen (15)
16023	16023	20 days after the chairman chairperson is selected, both parties shall
16024	16024	21 select a health care provider and the parties shall notify the other party
16025	16025	22 and the chairman chairperson of their selection. If a party fails to
16026	16026	23 make a selection within the time provided, the chairman chairperson
16027	16027	24 shall make the selection and notify both parties. Within fifteen (15)
16028	16028	25 days after their selection, the health care provider members shall select
16029	16029	26 the third member within the time provided and notify the chairman
16030	16030	27 chairperson and the parties. If the providers fail to make a selection,
16031	16031	28 the chairman chairperson shall make the selection and notify both
16032	16032	29 parties.
16033	16033	30 SECTION 609. IC 34-18-10-11 IS AMENDED TO READ AS
16034	16034	31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. When a medical
16035	16035	32 review panel is formed, the chairman chairperson shall within five (5)
16036	16036	33 days notify the commissioner and the parties by registered or certified
16037	16037	34 mail of the following:
16038	16038	35 (1) The names and addresses of the panel members.
16039	16039	36 (2) The date on which the last member was selected.
16040	16040	37 SECTION 610. IC 34-18-10-12 IS AMENDED TO READ AS
16041	16041	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A member of a
16042	16042	39 medical review panel who is selected under this chapter shall serve
16043	16043	40 unless:
16044	16044	41 (1) the parties by agreement excuse the panelist; or
16045	16045	42 (2) the panelist is excused as provided in this section for good
16046	16046	2024 IN 1267—LS 6912/DI 92 374
16047	16047	1 cause shown.
16048	16048	2 (b) To show good cause for relief from serving, the attorney selected
16049	16049	3 as chairman chairperson of a medical review panel must serve an
16050	16050	4 affidavit upon the clerk of the supreme court. The affidavit must set out
16051	16051	5 the facts showing that service would constitute an unreasonable burden
16052	16052	6 or undue hardship. The clerk may excuse the attorney from serving.
16053	16053	7 The attorney shall notify all parties, who shall then select a new
16054	16054	8 chairman chairperson as provided in section 4 of this chapter.
16055	16055	9 (c) To show good cause for relief from serving, a health care
16056	16056	10 provider member of a medical review panel must serve an affidavit
16057	16057	11 upon the panel chairman. chairperson. The affidavit must set out the
16058	16058	12 facts showing that service would constitute an unreasonable burden or
16059	16059	13 undue hardship. The chairman chairperson may excuse the member
16060	16060	14 from serving and notify all parties.
16061	16061	15 SECTION 611. IC 34-18-10-13 IS AMENDED TO READ AS
16062	16062	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The panel shall
16063	16063	17 give its expert opinion within one hundred eighty (180) days after the
16064	16064	18 selection of the last member of the initial panel. However, if:
16065	16065	19 (1) the chairman chairperson of the panel is removed under
16066	16066	20 section 15 of this chapter, another member of the panel is
16067	16067	21 removed under section 16 of this chapter, or any member of the
16068	16068	22 panel, including the chairman, chairperson, is removed by a
16069	16069	23 court order; and
16070	16070	24 (2) a new member is selected to replace the removed member
16071	16071	25 more than ninety (90) days after the last member of the initial
16072	16072	26 panel is selected;
16073	16073	27 the panel has ninety (90) days after the selection of the new member to
16074	16074	28 give an expert opinion.
16075	16075	29 (b) If the panel has not given an opinion within the time allowed
16076	16076	30 under subsection (a), the panel shall submit a report to the
16077	16077	31 commissioner, stating the reasons for the delay.
16078	16078	32 SECTION 612. IC 34-18-10-15 IS AMENDED TO READ AS
16079	16079	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) The
16080	16080	34 commissioner may remove the chairman chairperson of the panel if
16081	16081	35 the commissioner determines that the chairman chairperson is not
16082	16082	36 fulfilling the duties imposed upon the chairman chairperson by this
16083	16083	37 chapter.
16084	16084	38 (b) If the chairman chairperson is removed under this section, a
16085	16085	39 new chairman chairperson shall be selected under this chapter.
16086	16086	40 SECTION 613. IC 34-18-10-16 IS AMENDED TO READ AS
16087	16087	41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) The chairman
16088	16088	42 chairperson may remove a member of the panel if the chairman
16089	16089	2024 IN 1267—LS 6912/DI 92 375
16090	16090	1 chairperson determines that the member is not fulfilling the duties
16091	16091	2 imposed upon the panel members by this chapter.
16092	16092	3 (b) If a member is removed under this section, a new member shall
16093	16093	4 be selected under this chapter.
16094	16094	5 SECTION 614. IC 34-18-10-17 IS AMENDED TO READ AS
16095	16095	6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) The evidence in
16096	16096	7 written form to be considered by the medical review panel shall be
16097	16097	8 promptly submitted by the respective parties.
16098	16098	9 (b) The evidence may consist of medical charts, x-rays, lab tests,
16099	16099	10 excerpts of treatises, depositions of witnesses including parties, and
16100	16100	11 any other form of evidence allowable by the medical review panel.
16101	16101	12 (c) Depositions of parties and witnesses may be taken before the
16102	16102	13 convening of the panel.
16103	16103	14 (d) The chairman chairperson shall ensure that before the panel
16104	16104	15 gives its expert opinion under section 22 of this chapter, each panel
16105	16105	16 member has the opportunity to review every item of evidence
16106	16106	17 submitted by the parties.
16107	16107	18 (e) Before considering any evidence or deliberating with other panel
16108	16108	19 members, each member of the medical review panel shall take an oath
16109	16109	20 in writing on a form provided by the panel chairman, chairperson,
16110	16110	21 which must read as follows:
16111	16111	22 "I (swear) (affirm) under penalties of perjury that I will well and
16112	16112	23 truly consider the evidence submitted by the parties; that I will
16113	16113	24 render my opinion without bias, based upon the evidence
16114	16114	25 submitted by the parties, and that I have not and will not
16115	16115	26 communicate with any party or representative of a party before
16116	16116	27 rendering my opinion, except as authorized by law.".
16117	16117	28 SECTION 615. IC 34-18-10-19 IS AMENDED TO READ AS
16118	16118	29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. The chairman
16119	16119	30 chairperson of the panel shall advise the panel relative to any legal
16120	16120	31 question involved in the review proceeding and shall prepare the
16121	16121	32 opinion of the panel as provided in section 22 of this chapter.
16122	16122	33 SECTION 616. IC 34-18-10-20 IS AMENDED TO READ AS
16123	16123	34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. (a) Either party,
16124	16124	35 after submission of all evidence and upon ten (10) days notice to the
16125	16125	36 other side, has the right to convene the panel at a time and place
16126	16126	37 agreeable to the members of the panel. Either party may question the
16127	16127	38 panel concerning any matters relevant to issues to be decided by the
16128	16128	39 panel before the issuance of the panel's report.
16129	16129	40 (b) The chairman chairperson of the panel shall preside at all
16130	16130	41 meetings. Meetings shall be informal.
16131	16131	42 SECTION 617. IC 34-18-10-25, AS AMENDED BY P.L.182-2016,
16132	16132	2024 IN 1267—LS 6912/DI 92 376
16133	16133	1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16134	16134	2 JULY 1, 2024]: Sec. 25. (a) Each health care provider member of the
16135	16135	3 medical review panel is entitled to be paid:
16136	16136	4 (1) up to five hundred dollars ($500) for all work performed as a
16137	16137	5 member of the panel, exclusive of time involved if called as a
16138	16138	6 witness to testify in court; and
16139	16139	7 (2) reasonable travel expense.
16140	16140	8 (b) The chairman chairperson of the panel is entitled to be paid:
16141	16141	9 (1) at the rate of two hundred fifty dollars ($250) per diem, not to
16142	16142	10 exceed two thousand five hundred dollars ($2,500); and
16143	16143	11 (2) reasonable travel expenses.
16144	16144	12 (c) The chairman chairperson shall keep an accurate record of the
16145	16145	13 time and expenses of all the members of the panel. The record shall be
16146	16146	14 submitted to the parties for payment with the panel's report.
16147	16147	15 (d) Fees of the panel, including travel expenses and other expenses
16148	16148	16 of the review, shall be paid by the side in whose favor the majority
16149	16149	17 opinion is written. If there is no majority opinion, each side shall pay
16150	16150	18 fifty percent (50%) of the cost.
16151	16151	19 SECTION 618. IC 34-18-10-26 IS AMENDED TO READ AS
16152	16152	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. The chairman
16153	16153	21 chairperson shall submit a copy of the panel's report to:
16154	16154	22 (1) the commissioner; and
16155	16155	23 (2) all parties and attorneys;
16156	16156	24 by registered or certified mail within five (5) days after the panel gives
16157	16157	25 its opinion.
16158	16158	26 SECTION 619. IC 34-18-11-2 IS AMENDED TO READ AS
16159	16159	27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A party to a
16160	16160	28 proceeding commenced under this article, the commissioner, or the
16161	16161	29 chairman chairperson of a medical review panel, if any, may invoke
16162	16162	30 the jurisdiction of the court by paying the statutory filing fee to the
16163	16163	31 clerk and filing a copy of the proposed complaint and motion with the
16164	16164	32 clerk.
16165	16165	33 (b) The filing of a copy of the proposed complaint and motion with
16166	16166	34 the clerk confers jurisdiction upon the court over the subject matter and
16167	16167	35 the parties to the proceeding for the limited purposes stated in this
16168	16168	36 chapter, including the taxation and assessment of costs or the
16169	16169	37 allowance of expenses, including reasonable attorney's fees, or both.
16170	16170	38 (c) The moving party or the moving party's attorney shall cause as
16171	16171	39 many summonses as are necessary to be issued by the clerk and served
16172	16172	40 on the commissioner, each nonmoving party to the proceedings, and the
16173	16173	41 chairman chairperson of the medical review panel, if any, unless the
16174	16174	42 commissioner or the chairman chairperson is the moving party,
16175	16175	2024 IN 1267—LS 6912/DI 92 377
16176	16176	1 together with a copy of the proposed complaint and a copy of the
16177	16177	2 motion under Rules 4 through 4.17 of the Indiana Rules of Trial
16178	16178	3 Procedure.
16179	16179	4 SECTION 620. IC 34-18-11-3 IS AMENDED TO READ AS
16180	16180	5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each nonmoving
16181	16181	6 party to the proceeding, including the commissioner and the chairman
16182	16182	7 chairperson of the medical review panel, if any, shall have a period of
16183	16183	8 twenty (20) days after service, or a period of twenty-three (23) days
16184	16184	9 after service if service is by mail, to appear and file and serve a written
16185	16185	10 response to the motion, unless the court, for cause shown, orders the
16186	16186	11 period enlarged.
16187	16187	12 (b) The court shall enter a ruling on the motion:
16188	16188	13 (1) within thirty (30) days after the motion is heard; or
16189	16189	14 (2) if no hearing is requested, granted or ordered, within thirty
16190	16190	15 (30) days after the date on which the last written response to the
16191	16191	16 motion is filed.
16192	16192	17 (c) The court shall order the clerk to serve a copy of the court's
16193	16193	18 ruling on the motion by ordinary mail on the commissioner, each party
16194	16194	19 to the proceeding, and the chairman chairperson of the medical review
16195	16195	20 panel, if any.
16196	16196	21 SECTION 621. IC 34-30-2.1-66, AS ADDED BY P.L.105-2022,
16197	16197	22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16198	16198	23 JULY 1, 2024]: Sec. 66. IC 7.1-2-8-2 (Concerning the alcohol and
16199	16199	24 tobacco commission, its chairman chairperson and chairman
16200	16200	25 chairperson pro tempore, and the state for claim arising from
16201	16201	26 collection of money under alcoholic beverage laws).
16202	16202	27 SECTION 622. IC 34-30-15-10 IS AMENDED TO READ AS
16203	16203	28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. Except in cases as
16204	16204	29 authorized in this chapter, the evidentiary privileges created by this
16205	16205	30 chapter shall be invoked by all witnesses and organizations in all
16206	16206	31 judicial and administrative proceedings unless the witness or
16207	16207	32 organization first has a waiver of the privilege executed in writing, on
16208	16208	33 behalf of the peer review committee holding the privilege, by its
16209	16209	34 chairman, chairperson, vice chairman, chairperson, or secretary.
16210	16210	35 SECTION 623. IC 34-30-15.5-8, AS ADDED BY P.L.101-2021,
16211	16211	36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16212	16212	37 JULY 1, 2024]: Sec. 8. (a) No member, consultant, or participant who
16213	16213	38 participates in a wellness program shall be required to report a licensed
16214	16214	39 physician to the medical licensing board for any act, omission,
16215	16215	40 statement, discovery, or disclosure subject to a wellness program's
16216	16216	41 consideration or review unless one (1) or more of the following
16217	16217	42 circumstances exist:
16218	16218	2024 IN 1267—LS 6912/DI 92 378
16219	16219	1 (1) The licensed physician is not competent to continue practice.
16220	16220	2 (2) The licensed physician presents a danger to:
16221	16221	3 (A) himself or herself; the licensed physician; or
16222	16222	4 (B) the health and welfare of:
16223	16223	5 (i) the licensed physician's patients; or
16224	16224	6 (ii) the general public.
16225	16225	7 (b) The referral of a licensed physician from a wellness program to
16226	16226	8 an impaired physician committee shall not require the reporting of the
16227	16227	9 licensed physician to the medical licensing board and does not violate
16228	16228	10 any privilege or confidentiality established by this chapter.
16229	16229	11 SECTION 624. IC 34-55-8-3 IS AMENDED TO READ AS
16230	16230	12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. When the plaintiff
16231	16231	13 or the plaintiff's agent or attorney, at the time of applying for the order
16232	16232	14 or at any time afterwards, makes and files an affidavit with the court,
16233	16233	15 stating that:
16234	16234	16 (1) there is danger of the debtor leaving the state or concealing
16235	16235	17 himself or herself; the debtor's whereabouts; and
16236	16236	18 (2) there is reason to believe the debtor has property, rights,
16237	16237	19 credits, moneys, or effects that the debtor unjustly refuses to apply
16238	16238	20 to the judgment, with intent to defraud the creditor;
16239	16239	21 the court shall issue to the sheriff of the county an order of arrest and
16240	16240	22 bail.
16241	16241	23 SECTION 625. IC 34-55-10-13 IS AMENDED TO READ AS
16242	16242	24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. In any case when
16243	16243	25 the execution defendant is absent from Indiana, or is absent himself or
16244	16244	26 herself from the execution defendant's home, and an attachment or
16245	16245	27 execution is directed against the execution defendant's property, the
16246	16246	28 spouse may:
16247	16247	29 (1) make out and verify the schedule of the absent spouse's
16248	16248	30 property, and claim and receive for the absent spouse the
16249	16249	31 exemption provided in this chapter; and
16250	16250	32 (2) claim and exercise all the rights that would belong to the
16251	16251	33 absent spouse if the absent spouse were present.
16252	16252	34 SECTION 626. IC 35-33-6-2, AS AMENDED BY P.L.77-2009,
16253	16253	35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16254	16254	36 JULY 1, 2024]: Sec. 2. (a) An owner or agent of a store who has
16255	16255	37 probable cause to believe that a theft has occurred or is occurring on or
16256	16256	38 about the store and who has probable cause to believe that a specific
16257	16257	39 person has committed or is committing the theft:
16258	16258	40 (1) may:
16259	16259	41 (A) detain the person and request the person to identify
16260	16260	42 himself or herself; provide identification;
16261	16261	2024 IN 1267—LS 6912/DI 92 379
16262	16262	1 (B) verify the identification;
16263	16263	2 (C) determine whether the person has in the person's
16264	16264	3 possession unpurchased merchandise taken from the store;
16265	16265	4 (D) inform the appropriate law enforcement officers; and
16266	16266	5 (E) inform the person's parents or others interested in the
16267	16267	6 person's welfare that the person has been detained; but
16268	16268	7 (2) shall not ask the person to make a statement that
16269	16269	8 acknowledges that the person committed the theft or conversion
16270	16270	9 or waives any of the person's legal rights if:
16271	16271	10 (A) the person is less than eighteen (18) years of age; and
16272	16272	11 (B) the person has not been afforded an opportunity to have a
16273	16273	12 meaningful consultation with his or her the person's parent,
16274	16274	13 guardian, custodian, or guardian ad litem.
16275	16275	14 (b) A statement acknowledging that a child committed theft or
16276	16276	15 conversion in violation of subdivision (a)(2) cannot be admitted as
16277	16277	16 evidence against the child on the issue of whether the child committed
16278	16278	17 a delinquent act or a crime.
16279	16279	18 (c) The detention must:
16280	16280	19 (1) be reasonable and last only for a reasonable time; and
16281	16281	20 (2) not extend beyond the arrival of a law enforcement officer or
16282	16282	21 two (2) hours, whichever first occurs.
16283	16283	22 SECTION 627. IC 35-33-9-3 IS AMENDED TO READ AS
16284	16284	23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The sureties on
16285	16285	24 all appeal bonds must possess the qualifications that are required of
16286	16286	25 bail in criminal cases, except the undertaking must also include the
16287	16287	26 defendant's promise to:
16288	16288	27 (1) faithfully prosecute his the appeal;
16289	16289	28 (2) abide by the order and judgment of the court to which the
16290	16290	29 cause is appealed;
16291	16291	30 (3) surrender himself in execution of the judgment if the appeal
16292	16292	31 be affirmed or dismissed; and
16293	16293	32 (4) surrender himself to the trial court if required by the judgment
16294	16294	33 upon reversal.
16295	16295	34 (b) If undertaking is given before an appeal has been perfected, the
16296	16296	35 undertaking must include a promise that an appeal will be perfected by
16297	16297	36 the defendant.
16298	16298	37 SECTION 628. IC 35-33-9-4 IS AMENDED TO READ AS
16299	16299	38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The court in
16300	16300	39 which a petition to be admitted to bail is filed shall:
16301	16301	40 (1) fix bail in a reasonable amount, considering the nature of the
16302	16302	41 offense and the penalty adjudged, as will insure the compliance
16303	16303	42 by the defendant with the terms of the bond; and
16304	16304	2024 IN 1267—LS 6912/DI 92 380
16305	16305	1 (2) make an order containing the terms of bail.
16306	16306	2 If the defendant furnishes bail to the satisfaction of the court, he the
16307	16307	3 defendant shall be discharged from custody until he the defendant is
16308	16308	4 required to surrender himself according to the terms of the order.
16309	16309	5 (b) The sureties on the bail bond may, at any time, surrender the
16310	16310	6 principal of the bond to the court and be released from liability. If the
16311	16311	7 court so orders, the defendant shall immediately be committed to the
16312	16312	8 institution to which he the defendant was sentenced unless the court
16313	16313	9 approves a new bond.
16314	16314	10 (c) If the defendant fails to comply with the terms of the bail bond:
16315	16315	11 (1) the bond shall be forfeited in the court from which the appeal
16316	16316	12 was taken;
16317	16317	13 (2) a warrant shall be immediately issued for his the defendant's
16318	16318	14 arrest; and
16319	16319	15 (3) upon arrest, he the defendant shall be committed to the
16320	16320	16 institution to which he the defendant was originally sentenced.
16321	16321	17 SECTION 629. IC 35-33-10-3 IS AMENDED TO READ AS
16322	16322	18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (1) Where appearing
16323	16323	19 in this section, the term "governor" includes any person performing the
16324	16324	20 functions of governor by authority of the law of this state. The term
16325	16325	21 "executive authority" includes the governor and any person performing
16326	16326	22 the functions of governor in a state other than this state. The term
16327	16327	23 "state", referring to a state other than this state, refers to any other state
16328	16328	24 or territory, organized or unorganized, of the United States of America.
16329	16329	25 (2) Subject to the qualifications of this section and the provisions of
16330	16330	26 the Constitution of the United States controlling, and acts of congress
16331	16331	27 in pursuance thereof, it is the duty of the governor of this state to have
16332	16332	28 arrested and delivered up to the executive authority of any other state
16333	16333	29 of the United States any person charged in that state with treason, a
16334	16334	30 felony, or other crime who has fled from justice and is found in this
16335	16335	31 state.
16336	16336	32 (3) No demand for the extradition of a person charged with crime in
16337	16337	33 another state shall be recognized by the governor unless in writing and
16338	16338	34 accompanied by a copy of an indictment found or by an information
16339	16339	35 supported by affidavit in the state having jurisdiction of the crime, or
16340	16340	36 by a copy of an affidavit made before a magistrate there, together with
16341	16341	37 a copy of any warrant which was issued thereon. The indictment,
16342	16342	38 information, or affidavit made before the magistrate must substantially
16343	16343	39 charge the person demanded with having committed a crime under the
16344	16344	40 law of that state; and the copy must be authenticated by the executive
16345	16345	41 authority making the demand, which shall be prima facie evidence of
16346	16346	42 its truth.
16347	16347	2024 IN 1267—LS 6912/DI 92 381
16348	16348	1 (4) When a demand shall be made upon the governor of this state by
16349	16349	2 the executive authority of another state for the surrender of a person so
16350	16350	3 charged with crime, the governor may call upon the attorney general or
16351	16351	4 any prosecuting officer in this state to investigate or assist in
16352	16352	5 investigating the demand, and to report to him the governor the
16353	16353	6 situation and circumstances of the person so demanded, and whether
16354	16354	7 he the person ought to be surrendered.
16355	16355	8 (5) A warrant of extradition shall not be issued unless the
16356	16356	9 documents presented by the executive authority making the demand
16357	16357	10 show that:
16358	16358	11 (a) except in cases arising under subsection 7 of this section, the
16359	16359	12 accused was present in the demanding state at the time of the
16360	16360	13 commission of the alleged crime, and thereafter fled from the
16361	16361	14 state;
16362	16362	15 (b) the accused is now in this state; and
16363	16363	16 (c) he the accused is lawfully charged by indictment found or by
16364	16364	17 information filed by a prosecuting officer and supported by
16365	16365	18 affidavit to the facts, or by affidavit made before a magistrate in
16366	16366	19 that state, with having committed a crime under the laws of that
16367	16367	20 state, or that he the accused has been convicted of a crime in that
16368	16368	21 state and has escaped from confinement or has broken the terms
16369	16369	22 of his the accused's bail, probation, or parole, or that the sentence
16370	16370	23 or some portion of it otherwise remains unexecuted and that the
16371	16371	24 person claimed has not been discharged or otherwise released
16372	16372	25 from the sentence.
16373	16373	26 (6) When it is desired to have returned to this state a person charged
16374	16374	27 in this state with a crime, and such person is imprisoned or is held
16375	16375	28 under criminal proceedings then pending against him the person in
16376	16376	29 another state, the governor of this state may agree with the executive
16377	16377	30 authority of such other state for the extradition of such person before
16378	16378	31 the conclusion of such proceedings or his the person's term of
16379	16379	32 sentence in such other state, upon condition that such person be
16380	16380	33 returned to such other state at the expense of this state as soon as the
16381	16381	34 prosecution in this state is terminated. The governor of this state may
16382	16382	35 also surrender on demand of the executive authority of any other state
16383	16383	36 any person in this state who is charged in the manner provided in
16384	16384	37 subsection 24 of this section with having violated the laws of the state
16385	16385	38 whose executive authority is making the demand, even though such
16386	16386	39 person left the demanding state involuntarily.
16387	16387	40 (7) The governor of this state may also surrender, on demand of the
16388	16388	41 executive authority of any other state, any person in this state charged
16389	16389	42 in such other state in the manner provided in subsection 5 of this
16390	16390	2024 IN 1267—LS 6912/DI 92 382
16391	16391	1 section with committing an act in this state, or in a third state,
16392	16392	2 intentionally resulting in a crime in the state whose executive authority
16393	16393	3 is making the demand; and the provisions of this section not otherwise
16394	16394	4 inconsistent shall apply to such cases, notwithstanding that the accused
16395	16395	5 was not in that state at the time of the commission of the crime and has
16396	16396	6 not fled therefrom.
16397	16397	7 (8) If the governor shall decide that the demand should be complied
16398	16398	8 with, he the governor shall sign a warrant of arrest, which shall be
16399	16399	9 sealed with the state seal, and be directed to a sheriff, marshal, coroner,
16400	16400	10 or other person whom he the governor may think fit to entrust with the
16401	16401	11 execution thereof; and the warrant must substantially recite the facts
16402	16402	12 necessary to the validity of its issue.
16403	16403	13 (9) Such warrant shall authorize the officer or other person to whom
16404	16404	14 directed to arrest the accused at any place where he the accused may
16405	16405	15 be found within the state, to command the aid of all sheriffs and law
16406	16406	16 enforcement officers in the execution of the warrant, and to deliver the
16407	16407	17 accused subject to the provision of this section, to the duly authorized
16408	16408	18 agent of the demanding state.
16409	16409	19 (10) Every such officer or other person empowered to make the
16410	16410	20 arrest shall have the same authority in arresting the accused to
16411	16411	21 command assistance therein, as sheriffs and other officers have by law
16412	16412	22 in the execution of any criminal process directed to them, with the like
16413	16413	23 penalties against those who refuse their assistance.
16414	16414	24 (11) No person arrested upon such warrant shall be delivered over
16415	16415	25 to the agent whom the executive authority demanding him the person
16416	16416	26 shall have appointed to receive him the person unless he the person
16417	16417	27 has been informed of the demand made for his the person's surrender,
16418	16418	28 of the crime with which he the person is charged and that he the
16419	16419	29 person has the right to demand legal counsel; and if the prisoner, his
16420	16420	30 friends, or counsel shall state that he the prisoner or they desire to test
16421	16421	31 the legality of the arrest, the prisoner shall be taken forthwith before a
16422	16422	32 judge of a court of record in this state who shall fix a reasonable time
16423	16423	33 to be allowed him the prisoner within which to apply for a writ of
16424	16424	34 habeas corpus. And when such writ is applied for, notice thereof, and
16425	16425	35 of the time and place of hearing thereon, shall be given to the public
16426	16426	36 prosecuting officer of the county in which the arrest is made and in
16427	16427	37 which the accused is in custody and to the said agent of the demanding
16428	16428	38 state.
16429	16429	39 (12) An officer who recklessly delivers to the agent for extradition
16430	16430	40 of the demanding state a person in his the officer's custody under the
16431	16431	41 governor's warrant in disobedience to subsection 11 of this section
16432	16432	42 commits a Class B misdemeanor.
16433	16433	2024 IN 1267—LS 6912/DI 92 383
16434	16434	1 (13) The officer or person executing the governor's warrant of arrest,
16435	16435	2 or the agent of the demanding state to whom the prisoner may have
16436	16436	3 been delivered, may, when necessary, confine the prisoner in the jail of
16437	16437	4 any county or city through which he the officer or person may pass;
16438	16438	5 and the keeper of such jail must receive and safely keep the prisoner
16439	16439	6 until the person having charge of him the prisoner is ready to proceed
16440	16440	7 on his the person's route, such person being chargeable with the
16441	16441	8 expense of keeping.
16442	16442	9 (14) Whenever any person within this state shall be charged on the
16443	16443	10 oath of any credible person before any judge of this state with the
16444	16444	11 commission of a crime in any other state, and, except in cases arising
16445	16445	12 under subsection 7 of this section, with having fled from justice, or
16446	16446	13 whenever complaint shall have been made before any judge in this
16447	16447	14 state setting forth on the affidavit of any credible person in another
16448	16448	15 state that a treason or felony has been committed in such other state
16449	16449	16 and that the accused has been charged in such state with the
16450	16450	17 commission of the treason or felony, and, except in cases arising under
16451	16451	18 subsection 7 of this section, has fled therefrom and is believed to have
16452	16452	19 been found in this state, the judge shall issue a warrant directed to the
16453	16453	20 sheriff of the county in which the oath or complaint is filed directing
16454	16454	21 him the sheriff to apprehend the person charged, wherever he the
16455	16455	22 person may be found in this state, and bring him the person before the
16456	16456	23 same or any other judge, who may be convenient of access to the place
16457	16457	24 where the arrest may be made, to answer the charge or complaint and
16458	16458	25 affidavit. A certified copy of the sworn charge or complaint and
16459	16459	26 affidavit upon which the warrant is issued shall be attached to the
16460	16460	27 warrant.
16461	16461	28 (15) The arrest of a person may be lawfully made also by an officer
16462	16462	29 or a private citizen without a warrant upon reasonable information that
16463	16463	30 the accused stands charged in the courts of another state with a crime
16464	16464	31 punishable by death or imprisonment for a term exceeding one (1) year;
16465	16465	32 but when so arrested the accused must be taken before a judge with all
16466	16466	33 practicable speed, and complaint must be made against him the
16467	16467	34 accused under oath setting forth the ground for the arrest as in the last
16468	16468	35 preceding subsection; and thereafter his the answer of the accused
16469	16469	36 shall be heard as if he the accused has been arrested on warrant.
16470	16470	37 (16) If from the examination before the judge, it appears that the
16471	16471	38 person held is the person charged with having committed the crime
16472	16472	39 alleged and that he the person probably committed the crime, and,
16473	16473	40 except in cases arising under subsection 7 of this section, that he the
16474	16474	41 person has fled from justice, the judge shall commit him the person
16475	16475	42 to jail by a warrant reciting the accusation for such time specified in the
16476	16476	2024 IN 1267—LS 6912/DI 92 384
16477	16477	1 warrant as will enable the arrest of the accused to be made under a
16478	16478	2 warrant of the governor on a requisition of the executive authority of
16479	16479	3 the state having jurisdiction of the offense, unless the accused gives
16480	16480	4 bail as provided in subsection 17 of this section, or until he the person
16481	16481	5 shall be legally discharged.
16482	16482	6 (17) Unless the offense with which the prisoner is charged is shown
16483	16483	7 to be an offense punishable by death or life imprisonment under the
16484	16484	8 laws of the state in which it was committed, the judge must admit the
16485	16485	9 person arrested to bail by bond or undertaking, with sufficient sureties,
16486	16486	10 and in such sum as he the judge deems proper, for his the prisoner's
16487	16487	11 appearance before him the judge at a time specified in such bond or
16488	16488	12 undertaking, and for his the prisoner's surrender, to be arrested upon
16489	16489	13 the warrant of the governor of this state. The prisoner shall not be
16490	16490	14 admitted to bail after issuance of a warrant by the governor of this state.
16491	16491	15 (18) If the accused is not yet arrested under warrant of the governor
16492	16492	16 by the expiration of the time specified in the warrant, bond, or
16493	16493	17 undertaking, the judge may discharge him the accused or may
16494	16494	18 recommit him the accused to a further day, or may again take bail for
16495	16495	19 his the accused's appearance and surrender, as provided in subsection
16496	16496	20 17 of this section; and at the expiration of the second period of
16497	16497	21 commitment, or if he the accused has been bailed and appeared
16498	16498	22 according to the terms of his the accused's bond or undertaking, the
16499	16499	23 judge may either discharge him, the accused, or may require him the
16500	16500	24 accused to enter into a new bond or undertaking, to appear and
16501	16501	25 surrender himself at another day.
16502	16502	26 (19) If the prisoner is admitted to bail and fails to appear and
16503	16503	27 surrender himself according to the conditions of his the prisoner's
16504	16504	28 bond, the court, by proper order, shall declare the bond forfeited; and
16505	16505	29 recovery may be had thereon in the name of the state as in the case of
16506	16506	30 other bonds or undertakings given by the accused in criminal
16507	16507	31 proceedings within this state.
16508	16508	32 (20) If a criminal prosecution has been instituted against such
16509	16509	33 person under the laws of this state and is still pending, the governor at
16510	16510	34 his the governor's discretion either may surrender him the person on
16511	16511	35 the demand of the executive authority of another state or may hold him
16512	16512	36 the person until he the person has been tried and discharged, or
16513	16513	37 convicted and punished in this state.
16514	16514	38 (21) The guilt or innocence of the accused as to the crime of which
16515	16515	39 he the accused is charged may not be inquired into by the governor or
16516	16516	40 in any proceedings after the demand for extradition accompanied by a
16517	16517	41 charge of crime in legal form as above provided shall have been
16518	16518	42 presented to the governor, except as it may be involved in identifying
16519	16519	2024 IN 1267—LS 6912/DI 92 385
16520	16520	1 the person held as the person charged with the crime.
16521	16521	2 (22) The governor may recall his the governor's warrant of arrest
16522	16522	3 or may issue another warrant whenever he the governor deems proper.
16523	16523	4 (23) Whenever the governor of this state shall demand a person
16524	16524	5 charged with a crime in this state from the chief executive of any other
16525	16525	6 state or from the chief justice or an associate justice of the Supreme
16526	16526	7 Court of the District of Columbia authorized to receive such demand
16527	16527	8 under the laws of the United States, he the governor shall issue a
16528	16528	9 warrant under the seal of this state to some agent commanding him the
16529	16529	10 agent to receive the person so charged if delivered to him the agent
16530	16530	11 and convey him the person charged to the proper officer of the county
16531	16531	12 in this state in which the offense was committed.
16532	16532	13 (24) When the return to this state of a person charged with a crime
16533	16533	14 in this state is required, the prosecuting attorney of the county in which
16534	16534	15 the offense is committed shall present to the governor his the
16535	16535	16 prosecuting attorney's written application for a requisition for the
16536	16536	17 return of the person charged, in which application shall be stated the
16537	16537	18 name of the person so charged, the crime charged against him, the
16538	16538	19 person, the approximate time, place, and circumstances of its
16539	16539	20 committal, the state in which he the person is believed to be, including
16540	16540	21 the location of the accused therein at the time the application is made,
16541	16541	22 and certifying that in the opinion of the said prosecuting attorney the
16542	16542	23 ends of justice require the arrest and return of the accused to this state
16543	16543	24 for trial, and that the proceeding is not instituted to enforce a private
16544	16544	25 claim. The application shall be verified by affidavit, shall be executed
16545	16545	26 in triplicate, and shall be accompanied by three (3) certified copies of
16546	16546	27 the indictment returned, or information and affidavit filed, or of the
16547	16547	28 complaint made to the magistrate, stating the offense with which the
16548	16548	29 accused is charged. The prosecuting attorney may also attach such
16549	16549	30 further affidavits and other documents in triplicate as he the
16550	16550	31 prosecuting attorney shall deem proper to be submitted with such
16551	16551	32 application. One (1) copy of the application with the action of the
16552	16552	33 governor indicated by the endorsement thereon and one (1) of the
16553	16553	34 certified copies of the indictment or complaint or information and
16554	16554	35 affidavit shall be filed in the office of the secretary of state to remain
16555	16555	36 of record in that office. The other copies of all papers shall be
16556	16556	37 forwarded with the governor's requisition.
16557	16557	38 (25) The expenses shall be paid out of the general fund of the
16558	16558	39 county treasury of the county wherein the crime is alleged to have been
16559	16559	40 committed. The expenses shall be the fees paid to the officers of the
16560	16560	41 state on whose governor the requisition is made, as now provided by
16561	16561	42 law, for all necessary travel in returning such prisoner.
16562	16562	2024 IN 1267—LS 6912/DI 92 386
16563	16563	1 (26) A person brought into this state on extradition based on a
16564	16564	2 criminal charge shall not be subject to service of personal process in
16565	16565	3 civil actions arising out of the same facts as the criminal proceeding to
16566	16566	4 answer for which he the person is returned until he the person has
16567	16567	5 been convicted in the criminal proceeding, or if acquitted, until he the
16568	16568	6 person has had ample opportunity to return to the state from which he
16569	16569	7 the person was extradited.
16570	16570	8 (27) After a person has been brought back to this state upon
16571	16571	9 extradition proceedings, he the person may be tried in this state for
16572	16572	10 other crimes which he the person may be charged with having
16573	16573	11 committed here, as well as that specified in the requisition for his the
16574	16574	12 person's extradition.
16575	16575	13 (28) This section shall be so interpreted and construed as to
16576	16576	14 effectuate its general purpose to make uniform the law of those states
16577	16577	15 which enact it.
16578	16578	16 (29) Nothing in this section contained shall be deemed to constitute
16579	16579	17 a waiver by the state of its right, power, or privilege to regain custody
16580	16580	18 of such person by extradition proceedings or otherwise for the purpose
16581	16581	19 of trial, sentence, or punishment for any crime committed within this
16582	16582	20 state, nor shall any proceedings had under this section which result in,
16583	16583	21 or fail to result in, extradition be deemed a waiver by this state of any
16584	16584	22 of its rights, privileges, or jurisdiction in any way whatsoever.
16585	16585	23 (30) This section may be cited as the Uniform Criminal Extradition
16586	16586	24 Act.
16587	16587	25 SECTION 630. IC 35-36-6-10 IS AMENDED TO READ AS
16588	16588	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The sheriff of the
16589	16589	27 county from which venue was taken shall receive actual and necessary
16590	16590	28 expenses for transporting himself and his the prisoner, in accordance
16591	16591	29 with this chapter, from the county from which venue was taken to the
16592	16592	30 county receiving the case. The court from which venue was taken shall
16593	16593	31 allow these expenses.
16594	16594	32 SECTION 631. IC 35-41-3-8 IS AMENDED TO READ AS
16595	16595	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) It is a defense
16596	16596	34 that the person who engaged in the prohibited conduct was compelled
16597	16597	35 to do so by threat of imminent serious bodily injury to himself the
16598	16598	36 person or another person. With respect to offenses other than felonies,
16599	16599	37 it is a defense that the person who engaged in the prohibited conduct
16600	16600	38 was compelled to do so by force or threat of force. Compulsion under
16601	16601	39 this section exists only if the force, threat, or circumstances are such as
16602	16602	40 would render a person of reasonable firmness incapable of resisting the
16603	16603	41 pressure.
16604	16604	42 (b) This section does not apply to a person who:
16605	16605	2024 IN 1267—LS 6912/DI 92 387
16606	16606	1 (1) recklessly, knowingly, or intentionally placed himself in
16607	16607	2 entered into a situation in which it was foreseeable that he the
16608	16608	3 person would be subjected to duress; or
16609	16609	4 (2) committed an offense against the person as defined in
16610	16610	5 IC 35-42.
16611	16611	6 SECTION 632. IC 35-41-4-2, AS AMENDED BY P.L.3-2023,
16612	16612	7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16613	16613	8 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section,
16614	16614	9 a prosecution for an offense is barred unless it is commenced:
16615	16615	10 (1) within five (5) years after the commission of the offense, in
16616	16616	11 the case of a Class B, Class C, or Class D felony (for a crime
16617	16617	12 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or
16618	16618	13 Level 6 felony (for a crime committed after June 30, 2014); or
16619	16619	14 (2) within two (2) years after the commission of the offense, in the
16620	16620	15 case of a misdemeanor.
16621	16621	16 (b) A prosecution for a Class B or Class C felony (for a crime
16622	16622	17 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony
16623	16623	18 (for a crime committed after June 30, 2014) that would otherwise be
16624	16624	19 barred under this section may be commenced within one (1) year after
16625	16625	20 the earlier of the date on which the state:
16626	16626	21 (1) first discovers evidence sufficient to charge the offender with
16627	16627	22 the offense through DNA (deoxyribonucleic acid) analysis; or
16628	16628	23 (2) could have discovered evidence sufficient to charge the
16629	16629	24 offender with the offense through DNA (deoxyribonucleic acid)
16630	16630	25 analysis by the exercise of due diligence.
16631	16631	26 However, if the offense is a sex offense against a child described in
16632	16632	27 subsection (m), a prosecution otherwise barred under this section may
16633	16633	28 be prosecuted in accordance with subsection (p).
16634	16634	29 (c) Except as provided in subsection (e), a prosecution for a Class
16635	16635	30 A felony (for a crime committed before July 1, 2014) or a Level 1
16636	16636	31 felony or Level 2 felony (for a crime committed after June 30, 2014)
16637	16637	32 may be commenced at any time.
16638	16638	33 (d) A prosecution for murder may be commenced:
16639	16639	34 (1) at any time; and
16640	16640	35 (2) regardless of the amount of time that passes between:
16641	16641	36 (A) the date a person allegedly commits the elements of
16642	16642	37 murder; and
16643	16643	38 (B) the date the alleged victim of the murder dies.
16644	16644	39 (e) Except as provided in subsection (p), a prosecution for the
16645	16645	40 following offenses is barred unless commenced before the date that the
16646	16646	41 alleged victim of the offense reaches thirty-one (31) years of age:
16647	16647	42 (1) IC 35-42-4-3 (Child molesting).
16648	16648	2024 IN 1267—LS 6912/DI 92 388
16649	16649	1 (2) IC 35-42-4-5 (Vicarious sexual gratification).
16650	16650	2 (3) IC 35-42-4-6 (Child solicitation).
16651	16651	3 (4) IC 35-42-4-7 (Child seduction).
16652	16652	4 (5) IC 35-42-4-9 (Sexual misconduct with a minor).
16653	16653	5 (6) IC 35-46-1-3 (Incest).
16654	16654	6 (f) A prosecution for forgery of an instrument for payment of
16655	16655	7 money, or for the uttering of a forged instrument, under IC 35-43-5-2,
16656	16656	8 is barred unless it is commenced within five (5) years after the maturity
16657	16657	9 of the instrument.
16658	16658	10 (g) If a complaint, indictment, or information is dismissed because
16659	16659	11 of an error, defect, insufficiency, or irregularity, a new prosecution may
16660	16660	12 be commenced within ninety (90) days after the dismissal even if the
16661	16661	13 period of limitation has expired at the time of dismissal, or will expire
16662	16662	14 within ninety (90) days after the dismissal.
16663	16663	15 (h) The period within which a prosecution must be commenced does
16664	16664	16 not include any period in which:
16665	16665	17 (1) the accused person is not usually and publicly resident in
16666	16666	18 Indiana or so conceals himself or herself is concealed so that
16667	16667	19 process cannot be served;
16668	16668	20 (2) the accused person conceals evidence of the offense, and
16669	16669	21 evidence sufficient to charge the person with that offense is
16670	16670	22 unknown to the prosecuting authority and could not have been
16671	16671	23 discovered by that authority by exercise of due diligence; or
16672	16672	24 (3) the accused person is a person elected or appointed to office
16673	16673	25 under statute or constitution, if the offense charged is theft or
16674	16674	26 conversion of public funds or bribery while in public office.
16675	16675	27 (i) For purposes of tolling the period of limitation only, a
16676	16676	28 prosecution is considered commenced on the earliest of these dates:
16677	16677	29 (1) The date of filing of an indictment, information, or complaint
16678	16678	30 before a court having jurisdiction.
16679	16679	31 (2) The date of issuance of a valid arrest warrant.
16680	16680	32 (3) The date of arrest of the accused person by a law enforcement
16681	16681	33 officer without a warrant, if the officer has authority to make the
16682	16682	34 arrest.
16683	16683	35 (j) A prosecution is considered timely commenced for any offense
16684	16684	36 to which the defendant enters a plea of guilty, notwithstanding that the
16685	16685	37 period of limitation has expired.
16686	16686	38 (k) The following apply to the specified offenses:
16687	16687	39 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of
16688	16688	40 funeral trust funds) is barred unless commenced within five (5)
16689	16689	41 years after the date of death of the settlor (as described in
16690	16690	42 IC 30-2-9).
16691	16691	2024 IN 1267—LS 6912/DI 92 389
16692	16692	1 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse
16693	16693	2 of funeral trust funds) is barred unless commenced within five (5)
16694	16694	3 years after the date of death of the settlor (as described in
16695	16695	4 IC 30-2-10).
16696	16696	5 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse
16697	16697	6 of funeral trust or escrow account funds) is barred unless
16698	16698	7 commenced within five (5) years after the date of death of the
16699	16699	8 purchaser (as defined in IC 30-2-13-9).
16700	16700	9 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5,
16701	16701	10 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5)
16702	16702	11 years after the earlier of the date on which the state:
16703	16703	12 (1) first discovers evidence sufficient to charge the offender with
16704	16704	13 the offense; or
16705	16705	14 (2) could have discovered evidence sufficient to charge the
16706	16706	15 offender with the offense by the exercise of due diligence.
16707	16707	16 (m) Except as provided in subsection (p), a prosecution for a sex
16708	16708	17 offense listed in IC 11-8-8-4.5 that is committed against a child and
16709	16709	18 that is not:
16710	16710	19 (1) a Class A felony (for a crime committed before July 1, 2014)
16711	16711	20 or a Level 1 felony or Level 2 felony (for a crime committed after
16712	16712	21 June 30, 2014); or
16713	16713	22 (2) listed in subsection (e);
16714	16714	23 is barred unless commenced within ten (10) years after the commission
16715	16715	24 of the offense, or within four (4) years after the person ceases to be a
16716	16716	25 dependent of the person alleged to have committed the offense,
16717	16717	26 whichever occurs later.
16718	16718	27 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a
16719	16719	28 crime committed before July 1, 2014) or as a Level 3 felony (for a
16720	16720	29 crime committed after June 30, 2014) that would otherwise be barred
16721	16721	30 under this section may be commenced not later than five (5) years after
16722	16722	31 the earlier of the date on which:
16723	16723	32 (1) the state first discovers evidence sufficient to charge the
16724	16724	33 offender with the offense through DNA (deoxyribonucleic acid)
16725	16725	34 analysis;
16726	16726	35 (2) the state first becomes aware of the existence of a recording
16727	16727	36 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
16728	16728	37 to charge the offender with the offense; or
16729	16729	38 (3) a person confesses to the offense.
16730	16730	39 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2)
16731	16731	40 (repealed) as a Class B felony for a crime committed before July 1,
16732	16732	41 2014, that would otherwise be barred under this section may be
16733	16733	42 commenced not later than five (5) years after the earliest of the date on
16734	16734	2024 IN 1267—LS 6912/DI 92 390
16735	16735	1 which:
16736	16736	2 (1) the state first discovers evidence sufficient to charge the
16737	16737	3 offender with the offense through DNA (deoxyribonucleic acid)
16738	16738	4 analysis;
16739	16739	5 (2) the state first becomes aware of the existence of a recording
16740	16740	6 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
16741	16741	7 to charge the offender with the offense; or
16742	16742	8 (3) a person confesses to the offense.
16743	16743	9 (p) A prosecution for an offense described in subsection (e) or
16744	16744	10 subsection (m) that would otherwise be barred under this section may
16745	16745	11 be commenced not later than five (5) years after the earliest of the date
16746	16746	12 on which:
16747	16747	13 (1) the state first discovers evidence sufficient to charge the
16748	16748	14 offender with the offense through DNA (deoxyribonucleic acid)
16749	16749	15 analysis;
16750	16750	16 (2) the state first becomes aware of the existence of a recording
16751	16751	17 (as defined in IC 35-31.5-2-273) that provides evidence sufficient
16752	16752	18 to charge the offender with the offense; or
16753	16753	19 (3) a person confesses to the offense.
16754	16754	20 SECTION 633. IC 35-46-1-7 IS AMENDED TO READ AS
16755	16755	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A person who
16756	16756	22 knowingly or intentionally fails to provide support to his the person's
16757	16757	23 parent, when the parent is unable to support himself, provide for the
16758	16758	24 parent's own support, commits nonsupport of a parent, a Class A
16759	16759	25 misdemeanor.
16760	16760	26 (b) It is a defense that the accused person had not been supported by
16761	16761	27 the parent during the time he the accused person was a dependent
16762	16762	28 child under eighteen (18) years of age, unless the parent was unable to
16763	16763	29 provide support.
16764	16764	30 (c) It is a defense that the accused person was unable to provide
16765	16765	31 support.
16766	16766	32 SECTION 634. IC 35-47-1-3 IS AMENDED TO READ AS
16767	16767	33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. "Dealer" means any
16768	16768	34 person who holds himself the person out as a buyer and seller of
16769	16769	35 handguns on a regular and continuing basis.
16770	16770	36 SECTION 635. IC 35-48-2-1, AS AMENDED BY P.L.84-2010,
16771	16771	37 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16772	16772	38 JULY 1, 2024]: Sec. 1. (a) The board shall administer this article and
16773	16773	39 may recommend to the general assembly the addition, deletion, or
16774	16774	40 rescheduling of all substances listed in the schedules in sections 4, 6,
16775	16775	41 8, 10, and 12 of this chapter by submitting in an electronic format
16776	16776	42 under IC 5-14-6 a report of such recommendations to the legislative
16777	16777	2024 IN 1267—LS 6912/DI 92 391
16778	16778	1 council. In making a determination regarding a substance, the board
16779	16779	2 shall consider the following:
16780	16780	3 (1) The actual or relative potential for abuse.
16781	16781	4 (2) The scientific evidence of its pharmacological effect, if
16782	16782	5 known.
16783	16783	6 (3) The state of current scientific knowledge regarding the
16784	16784	7 substance.
16785	16785	8 (4) The history and current pattern of abuse.
16786	16786	9 (5) The scope, duration, and significance of abuse.
16787	16787	10 (6) The risk to public health.
16788	16788	11 (7) The potential of the substance to produce psychic or
16789	16789	12 physiological dependence liability.
16790	16790	13 (8) Whether the substance is an immediate precursor of a
16791	16791	14 substance already controlled under this article.
16792	16792	15 (b) After considering the factors enumerated in subsection (a), the
16793	16793	16 board shall make findings and recommendations concerning the control
16794	16794	17 of the substance if it finds the substance has a potential for abuse.
16795	16795	18 (c) If the board finds that a substance is an immediate precursor,
16796	16796	19 substances which are precursors of the controlled precursor shall not
16797	16797	20 be subject to control solely because they are precursors of the
16798	16798	21 controlled precursor.
16799	16799	22 (d) If any substance is designated or rescheduled to a more
16800	16800	23 restrictive schedule as a controlled substance under federal law and
16801	16801	24 notice is given to the board, the board shall recommend similar control
16802	16802	25 of the substance under this article in the board's report to the general
16803	16803	26 assembly, unless the board objects to inclusion or rescheduling. In that
16804	16804	27 case, the board shall publish the reasons for objection and afford all
16805	16805	28 interested parties an opportunity to be heard. At the conclusion of the
16806	16806	29 hearing, the board shall publish its findings.
16807	16807	30 (e) If a substance is rescheduled to a less restrictive schedule or
16808	16808	31 deleted as a controlled substance under federal law, the substance is
16809	16809	32 rescheduled or deleted under this article. If the board objects to
16810	16810	33 inclusion, rescheduling, or deletion of the substance, the board shall
16811	16811	34 notify the chairman chairperson of the legislative council not more
16812	16812	35 than thirty (30) days after the federal law is changed and the substance
16813	16813	36 may not be rescheduled or deleted until the conclusion of the next
16814	16814	37 complete session of the general assembly. The notice from the board
16815	16815	38 to the chairman chairperson of the legislative council must be
16816	16816	39 published.
16817	16817	40 (f) The board shall conduct hearings regarding revocations,
16818	16818	41 suspensions, and restrictions of registrations as provided in
16819	16819	42 IC 35-48-3-4. All hearings shall be conducted in accordance with
16820	16820	2024 IN 1267—LS 6912/DI 92 392
16821	16821	1 IC 4-21.5-3.
16822	16822	2 (g) Authority to control under this section does not extend to
16823	16823	3 distilled spirits, wine, or malt beverages, as those terms are defined or
16824	16824	4 used in IC 7.1, or to tobacco.
16825	16825	5 (h) The board shall exclude any nonnarcotic substance from a
16826	16826	6 schedule if that substance may, under the Federal Food, Drug, and
16827	16827	7 Cosmetic Act or state law, be sold over the counter without a
16828	16828	8 prescription.
16829	16829	9 SECTION 636. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
16830	16830	10 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16831	16831	11 JULY 1, 2024]: Sec. 9. (a) The state may seek either a death sentence
16832	16832	12 or a sentence of life imprisonment without parole for murder by
16833	16833	13 alleging, on a page separate from the rest of the charging instrument,
16834	16834	14 the existence of at least one (1) of the aggravating circumstances listed
16835	16835	15 in subsection (b). In the sentencing hearing after a person is convicted
16836	16836	16 of murder, the state must prove beyond a reasonable doubt the
16837	16837	17 existence of at least one (1) of the aggravating circumstances alleged.
16838	16838	18 However, the state may not proceed against a defendant under this
16839	16839	19 section if a court determines at a pretrial hearing under IC 35-36-9 that
16840	16840	20 the defendant is an individual with an intellectual disability.
16841	16841	21 (b) The aggravating circumstances are as follows:
16842	16842	22 (1) The defendant committed the murder by intentionally killing
16843	16843	23 the victim while committing or attempting to commit any of the
16844	16844	24 following:
16845	16845	25 (A) Arson (IC 35-43-1-1).
16846	16846	26 (B) Burglary (IC 35-43-2-1).
16847	16847	27 (C) Child molesting (IC 35-42-4-3).
16848	16848	28 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
16849	16849	29 repeal).
16850	16850	30 (E) Kidnapping (IC 35-42-3-2).
16851	16851	31 (F) Rape (IC 35-42-4-1).
16852	16852	32 (G) Robbery (IC 35-42-5-1).
16853	16853	33 (H) Carjacking (IC 35-42-5-2) (before its repeal).
16854	16854	34 (I) Criminal organization activity (IC 35-45-9-3).
16855	16855	35 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
16856	16856	36 (K) Criminal confinement (IC 35-42-3-3).
16857	16857	37 (2) The defendant committed the murder by the unlawful
16858	16858	38 detonation of an explosive with intent to injure a person or
16859	16859	39 damage property.
16860	16860	40 (3) The defendant committed the murder by lying in wait.
16861	16861	41 (4) The defendant who committed the murder was hired to kill.
16862	16862	42 (5) The defendant committed the murder by hiring another person
16863	16863	2024 IN 1267—LS 6912/DI 92 393
16864	16864	1 to kill.
16865	16865	2 (6) The victim of the murder was a corrections employee,
16866	16866	3 probation officer, parole officer, community corrections worker,
16867	16867	4 home detention officer, fireman, firefighter, judge, or law
16868	16868	5 enforcement officer, and either:
16869	16869	6 (A) the victim was acting in the course of duty; or
16870	16870	7 (B) the murder was motivated by an act the victim performed
16871	16871	8 while acting in the course of duty.
16872	16872	9 (7) The defendant has been convicted of another murder.
16873	16873	10 (8) The defendant has committed another murder, at any time,
16874	16874	11 regardless of whether the defendant has been convicted of that
16875	16875	12 other murder.
16876	16876	13 (9) The defendant was:
16877	16877	14 (A) under the custody of the department of correction;
16878	16878	15 (B) under the custody of a county sheriff;
16879	16879	16 (C) on probation after receiving a sentence for the commission
16880	16880	17 of a felony; or
16881	16881	18 (D) on parole;
16882	16882	19 at the time the murder was committed.
16883	16883	20 (10) The defendant dismembered the victim.
16884	16884	21 (11) The defendant:
16885	16885	22 (A) burned, mutilated, or tortured the victim; or
16886	16886	23 (B) decapitated or attempted to decapitate the victim;
16887	16887	24 while the victim was alive.
16888	16888	25 (12) The victim of the murder was less than twelve (12) years of
16889	16889	26 age.
16890	16890	27 (13) The victim was a victim of any of the following offenses for
16891	16891	28 which the defendant was convicted:
16892	16892	29 (A) A battery offense included in IC 35-42-2 committed before
16893	16893	30 July 1, 2014, as a Class D felony or as a Class C felony, or a
16894	16894	31 battery offense included in IC 35-42-2 committed after June
16895	16895	32 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
16896	16896	33 felony, or a Level 3 felony.
16897	16897	34 (B) Kidnapping (IC 35-42-3-2).
16898	16898	35 (C) Criminal confinement (IC 35-42-3-3).
16899	16899	36 (D) A sex crime under IC 35-42-4.
16900	16900	37 (14) The victim of the murder was listed by the state or known by
16901	16901	38 the defendant to be a witness against the defendant and the
16902	16902	39 defendant committed the murder with the intent to prevent the
16903	16903	40 person from testifying.
16904	16904	41 (15) The defendant committed the murder by intentionally
16905	16905	42 discharging a firearm (as defined in IC 35-47-1-5):
16906	16906	2024 IN 1267—LS 6912/DI 92 394
16907	16907	1 (A) into an inhabited dwelling; or
16908	16908	2 (B) from a vehicle.
16909	16909	3 (16) The victim of the murder was pregnant and the murder
16910	16910	4 resulted in the intentional killing of a fetus that has attained
16911	16911	5 viability (as defined in IC 16-18-2-365).
16912	16912	6 (17) The defendant knowingly or intentionally:
16913	16913	7 (A) committed the murder:
16914	16914	8 (i) in a building primarily used for an educational purpose;
16915	16915	9 (ii) on school property; and
16916	16916	10 (iii) when students are present; or
16917	16917	11 (B) committed the murder:
16918	16918	12 (i) in a building or other structure owned or rented by a state
16919	16919	13 educational institution or any other public or private
16920	16920	14 postsecondary educational institution and primarily used for
16921	16921	15 an educational purpose; and
16922	16922	16 (ii) at a time when classes are in session.
16923	16923	17 (18) The murder is committed:
16924	16924	18 (A) in a building that is primarily used for religious worship;
16925	16925	19 and
16926	16926	20 (B) at a time when persons are present for religious worship or
16927	16927	21 education.
16928	16928	22 (c) The mitigating circumstances that may be considered under this
16929	16929	23 section are as follows:
16930	16930	24 (1) The defendant has no significant history of prior criminal
16931	16931	25 conduct.
16932	16932	26 (2) The defendant was under the influence of extreme mental or
16933	16933	27 emotional disturbance when the murder was committed.
16934	16934	28 (3) The victim was a participant in or consented to the defendant's
16935	16935	29 conduct.
16936	16936	30 (4) The defendant was an accomplice in a murder committed by
16937	16937	31 another person, and the defendant's participation was relatively
16938	16938	32 minor.
16939	16939	33 (5) The defendant acted under the substantial domination of
16940	16940	34 another person.
16941	16941	35 (6) The defendant's capacity to appreciate the criminality of the
16942	16942	36 defendant's conduct or to conform that conduct to the
16943	16943	37 requirements of law was substantially impaired as a result of
16944	16944	38 mental disease or defect or of intoxication.
16945	16945	39 (7) The defendant was less than eighteen (18) years of age at the
16946	16946	40 time the murder was committed.
16947	16947	41 (8) Any other circumstances appropriate for consideration.
16948	16948	42 (d) If the defendant was convicted of murder in a jury trial, the jury
16949	16949	2024 IN 1267—LS 6912/DI 92 395
16950	16950	1 shall reconvene for the sentencing hearing. If the trial was to the court,
16951	16951	2 or the judgment was entered on a guilty plea, the court alone shall
16952	16952	3 conduct the sentencing hearing. The jury or the court may consider all
16953	16953	4 the evidence introduced at the trial stage of the proceedings, together
16954	16954	5 with new evidence presented at the sentencing hearing. The court shall
16955	16955	6 instruct the jury concerning the statutory penalties for murder and any
16956	16956	7 other offenses for which the defendant was convicted, the potential for
16957	16957	8 consecutive or concurrent sentencing, and the availability of
16958	16958	9 educational credit, good time credit, and clemency. The court shall
16959	16959	10 instruct the jury that, in order for the jury to recommend to the court
16960	16960	11 that the death penalty or life imprisonment without parole should be
16961	16961	12 imposed, the jury must find at least one (1) aggravating circumstance
16962	16962	13 beyond a reasonable doubt as described in subsection (l) and shall
16963	16963	14 provide a special verdict form for each aggravating circumstance
16964	16964	15 alleged. The defendant may present any additional evidence relevant
16965	16965	16 to:
16966	16966	17 (1) the aggravating circumstances alleged; or
16967	16967	18 (2) any of the mitigating circumstances listed in subsection (c).
16968	16968	19 (e) For a defendant sentenced after June 30, 2002, except as
16969	16969	20 provided by IC 35-36-9, if the hearing is by jury, the jury shall
16970	16970	21 recommend to the court whether the death penalty or life imprisonment
16971	16971	22 without parole, or neither, should be imposed. The jury may
16972	16972	23 recommend:
16973	16973	24 (1) the death penalty; or
16974	16974	25 (2) life imprisonment without parole;
16975	16975	26 only if it makes the findings described in subsection (l). If the jury
16976	16976	27 reaches a sentencing recommendation, the court shall sentence the
16977	16977	28 defendant accordingly. After a court pronounces sentence, a
16978	16978	29 representative of the victim's family and friends may present a
16979	16979	30 statement regarding the impact of the crime on family and friends. The
16980	16980	31 impact statement may be submitted in writing or given orally by the
16981	16981	32 representative. The statement shall be given in the presence of the
16982	16982	33 defendant.
16983	16983	34 (f) If a jury is unable to agree on a sentence recommendation after
16984	16984	35 reasonable deliberations, the court shall discharge the jury and proceed
16985	16985	36 as if the hearing had been to the court alone.
16986	16986	37 (g) If the hearing is to the court alone, except as provided by
16987	16987	38 IC 35-36-9, the court shall:
16988	16988	39 (1) sentence the defendant to death; or
16989	16989	40 (2) impose a term of life imprisonment without parole;
16990	16990	41 only if it makes the findings described in subsection (l).
16991	16991	42 (h) If a court sentences a defendant to death, the court shall order
16992	16992	2024 IN 1267—LS 6912/DI 92 396
16993	16993	1 the defendant's execution to be carried out not later than one (1) year
16994	16994	2 and one (1) day after the date the defendant was convicted. The
16995	16995	3 supreme court has exclusive jurisdiction to stay the execution of a
16996	16996	4 death sentence. If the supreme court stays the execution of a death
16997	16997	5 sentence, the supreme court shall order a new date for the defendant's
16998	16998	6 execution.
16999	16999	7 (i) If a person sentenced to death by a court files a petition for
17000	17000	8 post-conviction relief, the court, not later than ninety (90) days after the
17001	17001	9 date the petition is filed, shall set a date to hold a hearing to consider
17002	17002	10 the petition. If a court does not, within the ninety (90) day period, set
17003	17003	11 the date to hold the hearing to consider the petition, the court's failure
17004	17004	12 to set the hearing date is not a basis for additional post-conviction
17005	17005	13 relief. The attorney general shall answer the petition for post-conviction
17006	17006	14 relief on behalf of the state. At the request of the attorney general, a
17007	17007	15 prosecuting attorney shall assist the attorney general. The court shall
17008	17008	16 enter written findings of fact and conclusions of law concerning the
17009	17009	17 petition not later than ninety (90) days after the date the hearing
17010	17010	18 concludes. However, if the court determines that the petition is without
17011	17011	19 merit, the court may dismiss the petition within ninety (90) days
17012	17012	20 without conducting a hearing under this subsection.
17013	17013	21 (j) A death sentence is subject to automatic review by the supreme
17014	17014	22 court. The review, which shall be heard under rules adopted by the
17015	17015	23 supreme court, shall be given priority over all other cases. The supreme
17016	17016	24 court's review must take into consideration all claims that the:
17017	17017	25 (1) conviction or sentence was in violation of the:
17018	17018	26 (A) Constitution of the State of Indiana; or
17019	17019	27 (B) Constitution of the United States;
17020	17020	28 (2) sentencing court was without jurisdiction to impose a
17021	17021	29 sentence; and
17022	17022	30 (3) sentence:
17023	17023	31 (A) exceeds the maximum sentence authorized by law; or
17024	17024	32 (B) is otherwise erroneous.
17025	17025	33 If the supreme court cannot complete its review by the date set by the
17026	17026	34 sentencing court for the defendant's execution under subsection (h), the
17027	17027	35 supreme court shall stay the execution of the death sentence and set a
17028	17028	36 new date to carry out the defendant's execution.
17029	17029	37 (k) A person who has been sentenced to death and who has
17030	17030	38 completed state post-conviction review proceedings may file a written
17031	17031	39 petition with the supreme court seeking to present new evidence
17032	17032	40 challenging the person's guilt or the appropriateness of the death
17033	17033	41 sentence if the person serves notice on the attorney general. The
17034	17034	42 supreme court shall determine, with or without a hearing, whether the
17035	17035	2024 IN 1267—LS 6912/DI 92 397
17036	17036	1 person has presented previously undiscovered evidence that
17037	17037	2 undermines confidence in the conviction or the death sentence. If
17038	17038	3 necessary, the supreme court may remand the case to the trial court for
17039	17039	4 an evidentiary hearing to consider the new evidence and its effect on
17040	17040	5 the person's conviction and death sentence. The supreme court may not
17041	17041	6 make a determination in the person's favor nor make a decision to
17042	17042	7 remand the case to the trial court for an evidentiary hearing without
17043	17043	8 first providing the attorney general with an opportunity to be heard on
17044	17044	9 the matter.
17045	17045	10 (l) Before a sentence may be imposed under this section, the jury,
17046	17046	11 in a proceeding under subsection (e), or the court, in a proceeding
17047	17047	12 under subsection (g), must find that:
17048	17048	13 (1) the state has proved beyond a reasonable doubt that at least
17049	17049	14 one (1) of the aggravating circumstances listed in subsection (b)
17050	17050	15 exists; and
17051	17051	16 (2) any mitigating circumstances that exist are outweighed by the
17052	17052	17 aggravating circumstance or circumstances.
17053	17053	18 SECTION 637. IC 36-3-2-7, AS AMENDED BY P.L.104-2022,
17054	17054	19 SECTION 152, IS AMENDED TO READ AS FOLLOWS
17055	17055	20 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) This section governs the
17056	17056	21 transfer of territory that is either:
17057	17057	22 (1) inside the corporate boundaries of the consolidated city and
17058	17058	23 contiguous to an excluded city; or
17059	17059	24 (2) inside the corporate boundaries of an excluded city and
17060	17060	25 contiguous to the consolidated city.
17061	17061	26 IC 36-4-3 does not apply to such a transfer.
17062	17062	27 (b) If the owners of land located in territory described in subsection
17063	17063	28 (a) want to have that territory transferred from one (1) municipality to
17064	17064	29 the other, they must file:
17065	17065	30 (1) a petition for annexation of that territory with the legislative
17066	17066	31 body of the contiguous municipality; and
17067	17067	32 (2) a petition for disannexation of that territory with the legislative
17068	17068	33 body of the municipality containing that territory.
17069	17069	34 Each petition must be signed by at least fifty-one percent (51%) of the
17070	17070	35 owners of land in the territory sought to be transferred. The territory
17071	17071	36 must be reasonably compact in configuration, and its boundaries must
17072	17072	37 generally follow streets or natural boundaries.
17073	17073	38 (c) Each legislative body shall, not later than sixty (60) days after a
17074	17074	39 petition is filed with it under subsection (b), either approve or
17075	17075	40 disapprove the petition, with the following results:
17076	17076	41 (1) If both legislative bodies approve, the transfer of territory
17077	17077	42 takes effect:
17078	17078	2024 IN 1267—LS 6912/DI 92 398
17079	17079	1 (A) on the effective date of the approval of the latter
17080	17080	2 legislative body to act; and
17081	17081	3 (B) when a copy of each transfer approval has been filed under
17082	17082	4 subsection (f).
17083	17083	5 (2) If the legislative body of the contiguous municipality
17084	17084	6 disapproves or fails to act within the prescribed period, the
17085	17085	7 proceedings are terminated.
17086	17086	8 (3) If the legislative body of the contiguous municipality approves
17087	17087	9 but the legislative body of the other municipality disapproves or
17088	17088	10 fails to act within the prescribed period, the proceedings are
17089	17089	11 terminated unless there is an appeal under subsection (d).
17090	17090	12 (d) In the case described by subsection (c)(3), the petitioners may,
17091	17091	13 not later than sixty (60) days after the disapproval or expiration of the
17092	17092	14 prescribed period, appeal to the circuit court. The appeal must allege
17093	17093	15 that the benefits to be derived by the petitioners from the transfer
17094	17094	16 outweigh the detriments to the municipality that has failed to approve,
17095	17095	17 which is defendant in the appeal.
17096	17096	18 (e) The court shall try an appeal under subsection (d) as other civil
17097	17097	19 actions, but without a jury. If the court determines that:
17098	17098	20 (1) the requirements of this section have been met; and
17099	17099	21 (2) the benefits to be derived by the petitioners outweigh the
17100	17100	22 detriments to the municipality;
17101	17101	23 it shall order the transfer of territory to take effect on the date its order
17102	17102	24 becomes final and shall file the order under subsection (f). However,
17103	17103	25 if the municipality, or a district of it, is furnishing sanitary sewer
17104	17104	26 service or municipal water service in the territory, or otherwise has
17105	17105	27 expended substantial sums for public facilities (other than roads)
17106	17106	28 specially benefiting the territory, the court shall deny the transfer.
17107	17107	29 (f) A municipal legislative body that approves a transfer of territory
17108	17108	30 under subsection (c) or a court that approves a transfer under
17109	17109	31 subsection (e) shall file a copy of the approval or order, setting forth a
17110	17110	32 legal description of the territory to be transferred, with:
17111	17111	33 (1) the office of the secretary of state; and
17112	17112	34 (2) the circuit court clerk of each county in which the
17113	17113	35 municipality is located.
17114	17114	36 (g) Not later than ten (10) days after the second of the two (2)
17115	17115	37 approvals is filed under subsection (f), the municipality that annexes
17116	17116	38 the territory shall provide notice to the chairman chairperson of the
17117	17117	39 alcohol and tobacco commission as set forth in IC 7.1-4-9-7 of any
17118	17118	40 retailer's or dealer's premises located within the annexed territory.
17119	17119	41 (h) A petition for annexation or disannexation under this section
17120	17120	42 may not be filed with respect to land as to which a transfer of territory
17121	17121	2024 IN 1267—LS 6912/DI 92 399
17122	17122	1 has been disapproved or denied within the preceding three (3) years.
17123	17123	2 (i) The legislative body of a municipality annexing territory under
17124	17124	3 this section shall assign the territory to at least one (1) municipal
17125	17125	4 legislative body district under IC 36-3-4-3 or IC 36-4-6 not later than
17126	17126	5 thirty (30) days after the transfer of territory becomes effective under
17127	17127	6 this section.
17128	17128	7 SECTION 638. IC 36-4-3-22.1, AS ADDED BY P.L.194-2021,
17129	17129	8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17130	17130	9 JULY 1, 2024]: Sec. 22.1. Not later than ten (10) days after an
17131	17131	10 annexation ordinance is filed under section 22 of this chapter, the
17132	17132	11 annexing municipality shall provide notice to the chairman
17133	17133	12 chairperson of the alcohol and tobacco commission in accordance
17134	17134	13 with IC 7.1-4-9-7 of any licensed premises located within the annexed
17135	17135	14 territory.
17136	17136	15 SECTION 639. IC 36-7-7-2, AS AMENDED BY P.L.127-2017,
17137	17137	16 SECTION 177, IS AMENDED TO READ AS FOLLOWS
17138	17138	17 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The legislative bodies of all
17139	17139	18 the counties in a region may, by concurrent resolutions, request the
17140	17140	19 establishment of a regional planning commission (referred to as a
17141	17141	20 "commission" in this chapter). Official copies of the resolutions must
17142	17142	21 be forwarded to the governor. who shall then appoint himself or
17143	17143	22 herself, or a member of the governor's staff to The governor, or the
17144	17144	23 governor's designated staff member, shall immediately notify the
17145	17145	24 other members of the commission and to act as temporary chair for the
17146	17146	25 election of officers. The commission shall, by resolution, designate a
17147	17147	26 name for itself that reflects the commission's role and function and that
17148	17148	27 may include the words "Regional Planning Commission".
17149	17149	28 (b) This subsection applies to each commission established after
17150	17150	29 July 1, 1978. A county participating in a commission is not subject to
17151	17151	30 the tax imposed under section 12 of this chapter, unless all the
17152	17152	31 concurrent resolutions establishing the commission accept the
17153	17153	32 application of the tax.
17154	17154	33 SECTION 640. IC 36-9-13-22, AS AMENDED BY P.L.84-2016,
17155	17155	34 SECTION 186, IS AMENDED TO READ AS FOLLOWS
17156	17156	35 [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) Except as provided in
17157	17157	36 subsection (b), the board of directors of a building authority, acting in
17158	17158	37 the name of the authority, may:
17159	17159	38 (1) finance, improve, construct, reconstruct, renovate, purchase,
17160	17160	39 lease, acquire, equip, operate, maintain, and manage land,
17161	17161	40 government buildings, or systems for the joint or separate use of
17162	17162	41 one (1) or more eligible entities;
17163	17163	42 (2) lease all or part of land, government buildings, or systems to
17164	17164	2024 IN 1267—LS 6912/DI 92 400
17165	17165	1 eligible entities;
17166	17166	2 (3) govern, manage, regulate, operate, improve, reconstruct,
17167	17167	3 renovate, repair, and maintain any land, government building, or
17168	17168	4 system acquired or financed under this chapter;
17169	17169	5 (4) sue, be sued, plead, and be impleaded, but all actions against
17170	17170	6 the authority must be brought in the circuit court, superior court,
17171	17171	7 or probate court for the county in which the authority is located;
17172	17172	8 (5) condemn, appropriate, lease, rent, purchase, and hold any real
17173	17173	9 or personal property needed or considered useful in connection
17174	17174	10 with government buildings or systems regardless of whether that
17175	17175	11 property is then held for a governmental or public use;
17176	17176	12 (6) acquire real or personal property by gift, devise, or bequest
17177	17177	13 and hold, use, or dispose of that property for the purposes
17178	17178	14 authorized by this chapter;
17179	17179	15 (7) enter upon any lots or lands for the purpose of surveying or
17180	17180	16 examining them to determine the location of a government
17181	17181	17 building;
17182	17182	18 (8) design, order, contract for, and construct, reconstruct,
17183	17183	19 renovate, and maintain land, government buildings, or systems
17184	17184	20 and perform any work that is necessary or desirable to improve
17185	17185	21 the grounds, premises, and systems under its control;
17186	17186	22 (9) determine, allocate, and adjust space in government buildings
17187	17187	23 to be used by any eligible entity;
17188	17188	24 (10) construct, reconstruct, renovate, maintain, and operate
17189	17189	25 auditoriums, public meeting places, and parking facilities in
17190	17190	26 conjunction with or as a part of government buildings;
17191	17191	27 (11) collect all money that is due on account of the operation,
17192	17192	28 maintenance, or management of, or otherwise related to, land,
17193	17193	29 government buildings, or systems, and expend that money for
17194	17194	30 proper purposes;
17195	17195	31 (12) let concessions for the operation of restaurants, cafeterias,
17196	17196	32 public telephones, news and cigar stands, and vending machines;
17197	17197	33 (13) employ the managers, superintendents, architects, engineers,
17198	17198	34 consultants, attorneys, auditors, clerks, foremen, supervisors,
17199	17199	35 custodians, and other employees or independent contractors
17200	17200	36 necessary for the proper operation of land, government buildings,
17201	17201	37 or systems and fix the compensation of those employees or
17202	17202	38 independent contractors, but a contract of employment may not be
17203	17203	39 made for a period of more than four (4) years although it may be
17204	17204	40 extended or renewed from time to time;
17205	17205	41 (14) make and enter into all contracts and agreements necessary
17206	17206	42 or incidental to the performance of its duties and the execution of
17207	17207	2024 IN 1267—LS 6912/DI 92 401
17208	17208	1 its powers under this chapter;
17209	17209	2 (15) provide coverage for its employees under IC 22-3 and
17210	17210	3 IC 22-4; and
17211	17211	4 (16) accept grants and contributions for any purpose specified in
17212	17212	5 this subsection.
17213	17213	6 (b) The building authority in a county having a consolidated city
17214	17214	7 may not purchase, construct, acquire, finance, or lease any land,
17215	17215	8 government building, or system for use by an eligible entity other than
17216	17216	9 the consolidated city or county, unless that action is first approved by:
17217	17217	10 (1) the city-county legislative body; and
17218	17218	11 (2) the governing body of the eligible entity involved.
17219	17219	2024 IN 1267—LS 6912/DI 92