Indiana 2024 Regular Session

Indiana House Bill HB1396 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. 1396
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-23; IC 4-31; IC 4-35-7-12; IC 5-1-17;
7	7	IC 5-1.2; IC 5-2-2; IC 5-10.3-7-2; IC 5-13-10.5-19; IC 5-28-15-13;
8	8	IC 6-1.1; IC 6-6-9.7-7; IC 6-9; IC 8-9.5-9-2; IC 8-10-9-6;
9	9	IC 8-16-15.5-3; IC 9-18.5; IC 13-25-1-6; IC 13-26; IC 14-8-2-61;
10	10	IC 14-9-6; IC 14-10-1-1; IC 14-13; IC 14-20-15; IC 14-21; IC 14-25;
11	11	IC 14-26-2-24; IC 15-19-2; IC 16-41-42.2-5; IC 20-34-6-1; IC 22-9-13;
12	12	IC 25-0.5; IC 25-1; IC 25-20; IC 25-21.8-4-5; IC 25-22.5-1-2;
13	13	IC 25-27.5-5; IC 25-34.5-3-7; IC 25-35.6; IC 27-1-15.7-6; IC 31-26;
14	14	IC 32-21; IC 34-13-3; IC 34-30; IC 35-44.2-3-3; IC 35-52; IC 36-1;
15	15	IC 36-7; IC 36-10-9-6.
16	16	Synopsis: Government boards, councils, and commissions. Repeals,
17	17	merges, consolidates, or otherwise modifies various boards,
18	18	commissions, committees, councils, authorities, and funds. Removes
19	19	certain appointed members from various boards, commissions, and
20	20	districts. Modifies the appointing authority for particular funds, boards,
21	21	and councils.
22	22	Effective: Upon passage; July 1, 2024.
23	23	Bartels, Miller D
24	24	January 11, 2024, read first time and referred to Committee on Government and Regulatory
25	25	Reform.
26	26	2024 IN 1396—LS 6954/DI 144 Introduced
27	27	Second Regular Session of the 123rd General Assembly (2024)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2023 Regular Session of the General Assembly.
37	37	HOUSE BILL No. 1396
38	38	A BILL FOR AN ACT to repeal a provision of the Indiana Code
39	39	concerning state and local administration and to make an appropriation.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 4-23-7.2-21 IS REPEALED [EFFECTIVE JULY
42	42	2 1, 2024]. Sec. 21. (a) An advisory committee is established to advise
43	43	3 the historical bureau in establishing an oral history of the general
44	44	4 assembly under section 20 of this chapter. The committee consists of
45	45	5 the following eight (8) members:
46	46	6 (1) One (1) member of the general assembly appointed by the
47	47	7 speaker of the house of representatives.
48	48	8 (2) One (1) member of the general assembly appointed by the
49	49	9 minority leader of the house of representatives.
50	50	10 (3) One (1) member of the general assembly appointed by the
51	51	11 president pro tempore of the senate.
52	52	12 (4) One (1) member of the general assembly appointed by the
53	53	13 minority leader of the senate.
54	54	14 (5) Four (4) members appointed by the governor as follows:
55	55	15 (A) One (1) member nominated by the Indiana library and
56	56	16 historical board.
57	57	17 (B) One (1) member nominated by the Indiana Historical
58	58	2024 IN 1396—LS 6954/DI 144 2
59	59	1 Society.
60	60	2 (C) One (1) member nominated by the Center for the Study of
61	61	3 History and Memory at Indiana University.
62	62	4 (D) One (1) member nominated by the board of trustees of The
63	63	5 History Museum in South Bend.
64	64	6 (b) The following apply to the governor's appointments under
65	65	7 subsection (a)(5):
66	66	8 (1) Not more than two (2) members appointed by the governor
67	67	9 may be members of the same political party.
68	68	10 (2) The appointments must be made so that the northern, central,
69	69	11 and southern regions of Indiana are represented on the committee.
70	70	12 (c) Members of the committee serve at the pleasure of the
71	71	13 appointing authority. If a vacancy occurs on the committee, the
72	72	14 appointing authority that appointed the member whose position is
73	73	15 vacant shall appoint an individual to fill the vacancy. An individual
74	74	16 appointed to fill a vacancy must have the qualifications that a member
75	75	17 appointed by the appointing authority must have.
76	76	18 (d) The:
77	77	19 (1) chairman of the legislative council, with the advice of the
78	78	20 vice-chairman, shall designate the chair; and
79	79	21 (2) vice-chairman of the legislative council, with the advice of the
80	80	22 chairman, shall designate a vice-chair;
81	81	23 of the committee from among the legislative members of the
82	82	24 committee. The chair and vice-chair of the committee serve at the
83	83	25 pleasure of the appointing authority.
84	84	26 (e) Each member of the committee is entitled to receive the same
85	85	27 per diem, mileage, and travel allowances paid to individuals who serve
86	86	28 as legislative and lay members, respectively, of interim study
87	87	29 committees established by the legislative council.
88	88	30 (f) The historical bureau shall provide staff support to the
89	89	31 committee.
90	90	32 (g) Expenses incurred by the committee to carry out its functions
91	91	33 must be paid from appropriations to the Indiana library and historical
92	92	34 board.
93	93	35 SECTION 2. IC 4-23-12 IS REPEALED [EFFECTIVE JULY 1,
94	94	36 2024]. (Indiana Commission for Arts and Humanities in Education).
95	95	37 SECTION 3. IC 4-23-30.2 IS REPEALED [EFFECTIVE JULY 1,
96	96	38 2024]. (Board for the Coordination of Programs Serving Vulnerable
97	97	39 Individuals).
98	98	40 SECTION 4. IC 4-23-35 IS ADDED TO THE INDIANA CODE AS
99	99	41 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
100	100	42 1, 2024]:
101	101	2024 IN 1396—LS 6954/DI 144 3
102	102	1 Chapter 35. Indiana State Historical Records Advisory Board
103	103	2 Sec. 1. As used in this chapter, "board" refers to the Indiana
104	104	3 state historical records advisory board established by section 3 of
105	105	4 this chapter.
106	106	5 Sec. 2. As used in this chapter, "NHPRC" means the federal
107	107	6 National Historical Publications and Records Commission.
108	108	7 Sec. 3. The Indiana state historical records advisory board:
109	109	8 (1) initially established under Executive Order 06-01; and
110	110	9 (2) continued under Executive Order 13-13 and 17-06;
111	111	10 is established under the Indiana department of administration. The
112	112	11 board is a continuing board. The purpose of the board is to carry
113	113	12 out the duties under section 8 of this chapter.
114	114	13 Sec. 4. (a) The board consists of seven (7) voting members
115	115	14 appointed by the state archivist.
116	116	15 (b) At least four (4) members of the board must have recognized
117	117	16 experience in the administration of government records, historical
118	118	17 records, or archives.
119	119	18 (c) One (1) of the seven (7) members under subsection (a) must
120	120	19 be the state archivist. The remaining six (6) members are lay
121	121	20 members who:
122	122	21 (1) may be reappointed; and
123	123	22 (2) serve at the will of the state archivist.
124	124	23 There is no term limit for members of the board.
125	125	24 (d) The state archivist shall serve as state coordinator and chair
126	126	25 of the board.
127	127	26 Sec. 5. (a) The term of a member appointed under section 4(a)
128	128	27 of this chapter is three (3) years.
129	129	28 (b) The state archivist shall appoint a new member to fill a
130	130	29 vacancy on the board that occurs for any reason. A member
131	131	30 appointed under this subsection serves the remainder of the
132	132	31 unexpired term.
133	133	32 Sec. 6. (a) This section applies to a member of the board
134	134	33 appointed under Executive Order 06-01, 13-13, or 17-06.
135	135	34 (b) An individual who serves as a member of the board on June
136	136	35 30, 2024, is appointed by operation of law to serve the remainder
137	137	36 of the member's unexpired term. A subsequent vacancy shall be
138	138	37 filled by the state archivist under section 4(c) of this chapter.
139	139	38 (c) This section expires July 1, 2028.
140	140	39 Sec. 7. (a) The board shall meet at least quarterly at the call of
141	141	40 the chair.
142	142	41 (b) The chair may call additional meetings. There is no
143	143	42 maximum number of meetings that may be called by the chair.
144	144	2024 IN 1396—LS 6954/DI 144 4
145	145	1 (c) A quorum consists of a simple majority of voting members.
146	146	2 Sec. 8. (a) The board shall serve as the central advisory body
147	147	3 for:
148	148	4 (1) historical records planning; and
149	149	5 (2) projects:
150	150	6 (A) funded by the NHPRC; and
151	151	7 (B) developed and carried out within the state.
152	152	8 (b) The board may do the following:
153	153	9 (1) Develop and submit to NHPRC state priorities for
154	154	10 historical records programs as part of a state plan.
155	155	11 (2) Solicit or develop proposals for NHPRC grant projects.
156	156	12 (3) Review proposals by institutions in the state and make
157	157	13 recommendations about the proposals to NHPRC.
158	158	14 (4) Work to preserve Indiana's documentary heritage.
159	159	15 (5) Promote practices that ensure preservation of, and access
160	160	16 to, the state's public and private records.
161	161	17 (6) Encourage adherence to archival and records management
162	162	18 principles through meetings and workshops.
163	163	19 (7) Survey repositories, support the state's records
164	164	20 management program, and promote the sharing of collection
165	165	21 information.
166	166	22 (8) Encourage the professional development of archivists,
167	167	23 curators, volunteers, and others dedicated to the task of
168	168	24 caring for the state's documentary heritage.
169	169	25 Sec. 9. (a) Each member of the board who is not a state
170	170	26 employee is not entitled to the minimum salary per diem provided
171	171	27 by IC 4-10-11-2.1(b). A member is, however, entitled to
172	172	28 reimbursement for expenses actually incurred in connection with
173	173	29 the member's duties as provided in the state policies and
174	174	30 procedures established by the Indiana department of
175	175	31 administration and approved by the budget agency.
176	176	32 (b) The expenses of the board shall be paid in the same manner
177	177	33 in which the board's expenses were paid under Executive Orders
178	178	34 06-01, 13-13, and 17-06.
179	179	35 (c) The Indiana department of administration shall staff the
180	180	36 board.
181	181	37 Sec. 10. The affirmative votes of a majority of the members
182	182	38 appointed to the board are required for the board to take action on
183	183	39 any measure, including final reports.
184	184	40 Sec. 11. (a) The board shall annually submit a report on its work
185	185	41 to the governor.
186	186	42 (b) A report under subsection (a) is a public record.
187	187	2024 IN 1396—LS 6954/DI 144 5
188	188	1 SECTION 5. IC 4-31-3-8, AS AMENDED BY P.L.256-2015,
189	189	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
190	190	3 JULY 1, 2024]: Sec. 8. The commission shall:
191	191	4 (1) prescribe the rules and conditions under which horse racing at
192	192	5 a recognized meeting may be conducted;
193	193	6 (2) initiate safeguards as necessary to account for the amount of
194	194	7 money wagered at each track or satellite facility in each wagering
195	195	8 pool;
196	196	9 (3) require all permit holders to provide a photographic or
197	197	10 videotape recording, approved by the commission, of the entire
198	198	11 running of all races conducted by the permit holder;
199	199	12 (4) make annual reports concerning:
200	200	13 (A) the promotional actions taken and promotional initiatives
201	201	14 established by the commission to promote the Indiana horse
202	202	15 racing industry, including:
203	203	16 (i) a listing of the commission's promotional actions and
204	204	17 promotional initiatives; and
205	205	18 (ii) an accounting of the money spent on each promotional
206	206	19 action and promotional initiative;
207	207	20 (B) the competitive status of the Indiana horse racing industry
208	208	21 as compared to the horse racing industries of other states and
209	209	22 measured by purse, handle, and any other factors determined
210	210	23 by the commission;
211	211	24 (C) the commission's operations; and
212	212	25 (D) the commission's recommendations;
213	213	26 to the governor and, in an electronic format under IC 5-14-6, to
214	214	27 the general assembly;
215	215	28 (5) carry out the provisions of IC 15-19-2, IC 4-31-11-14.5, after
216	216	29 considering recommendations received from the Indiana
217	217	30 standardbred advisory board under IC 15-19-2; development
218	218	31 committee under IC 4-31-11-9(c);
219	219	32 (6) develop internal procedures for accepting, recording,
220	220	33 investigating, and resolving complaints from licensees and the
221	221	34 general public;
222	222	35 (7) promote the Indiana horse racing industry, including its
223	223	36 simulcast product; and
224	224	37 (8) annually post the following information on the commission's
225	225	38 Internet web site: website:
226	226	39 (A) A summary of the disciplinary actions taken by the
227	227	40 commission in the preceding calendar year.
228	228	41 (B) A summary of the complaints received and resolved in the
229	229	42 preceding calendar year.
230	230	2024 IN 1396—LS 6954/DI 144 6
231	231	1 SECTION 6. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
232	232	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
233	233	3 JULY 1, 2024]: Sec. 9. (a) Subject to section 14 of this chapter, the
234	234	4 commission may:
235	235	5 (1) adopt rules under IC 4-22-2, including emergency rules under
236	236	6 IC 4-22-2-37.1, to implement this article, including rules that
237	237	7 prescribe:
238	238	8 (A) the forms of wagering that are permitted;
239	239	9 (B) the number of races;
240	240	10 (C) the procedures for wagering;
241	241	11 (D) the wagering information to be provided to the public;
242	242	12 (E) fees for the issuance and renewal of:
243	243	13 (i) permits under IC 4-31-5;
244	244	14 (ii) satellite facility licenses under IC 4-31-5.5; and
245	245	15 (iii) licenses for racetrack personnel and racing participants
246	246	16 under IC 4-31-6;
247	247	17 (F) investigative fees;
248	248	18 (G) fines and penalties; and
249	249	19 (H) any other regulation that the commission determines is in
250	250	20 the public interest in the conduct of recognized meetings and
251	251	21 wagering on horse racing in Indiana;
252	252	22 (2) appoint employees and fix their compensation, subject to the
253	253	23 approval of the budget agency under IC 4-12-1-13;
254	254	24 (3) enter into contracts necessary to implement this article; and
255	255	25 (4) receive and consider recommendations from a the
256	256	26 development advisory committee established under IC 4-31-11.
257	257	27 (b) An emergency rule adopted by the commission under subsection
258	258	28 (a) expires on the earlier of the following dates:
259	259	29 (1) The expiration date stated in the emergency rule.
260	260	30 (2) The date the emergency rule is amended or repealed by a later
261	261	31 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
262	262	32 IC 4-22-2-37.1.
263	263	33 SECTION 7. IC 4-31-9-10, AS AMENDED BY P.L.137-2022,
264	264	34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
265	265	35 JULY 1, 2024]: Sec. 10. (a) At the close of each day on which
266	266	36 pari-mutuel wagering is conducted at a racetrack or satellite facility,
267	267	37 the permit holder or satellite facility operator shall pay the breakage
268	268	38 from each of the races on which wagers were taken on that day to the
269	269	39 department of state revenue for deposit in the appropriate breed
270	270	40 development fund as determined by the rules of the commission.
271	271	41 (b) Not later than March 15 of each year, each permit holder or
272	272	42 satellite facility operator shall pay to the commission the balance of the
273	273	2024 IN 1396—LS 6954/DI 144 7
274	274	1 outs tickets from the previous calendar year. The commission shall
275	275	2 distribute money received under this subsection to the appropriate
276	276	3 breed development fund. as determined by the rules of the commission.
277	277	4 (c) The payment of the breakage under this section must be reported
278	278	5 and remitted electronically through the department's online tax filing
279	279	6 program.
280	280	7 SECTION 8. IC 4-31-11-1 IS AMENDED TO READ AS
281	281	8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
282	282	9 chapter, "development committee" refers to a the breed development
283	283	10 advisory committee established by the commission under section 3 of
284	284	11 this chapter.
285	285	12 SECTION 9. IC 4-31-11-2 IS AMENDED TO READ AS
286	286	13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. As used in this
287	287	14 chapter, "development fund" refers to a the breed development fund
288	288	15 established by the commission under section 10 10.5 of this chapter.
289	289	16 SECTION 10. IC 4-31-11-3 IS AMENDED TO READ AS
290	290	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The commission may
291	291	18 shall establish a separate breed development advisory committee. for
292	292	19 each breed of horse that participates in racing meetings under this
293	293	20 article.
294	294	21 SECTION 11. IC 4-31-11-4, AS AMENDED BY P.L.168-2019,
295	295	22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
296	296	23 JULY 1, 2024]: Sec. 4. (a) Each The development committee consists
297	297	24 of three (3) members appointed as follows:
298	298	25 (1) One (1) member appointed by the governor, commission, who
299	299	26 shall chair the committee.
300	300	27 (2) Two (2) members appointed by the governor. commission.
301	301	28 (b) The members of each the development committee must be
302	302	29 residents of Indiana who are knowledgeable in horse breeding and
303	303	30 racing. No more than two (2) members of each the development
304	304	31 committee may be members of the same political party.
305	305	32 (c) For a member to be eligible for an appointment and to continue
306	306	33 to serve on a the development committee under subsection (a), the
307	307	34 member must hold a valid current license issued by the commission.
308	308	35 SECTION 12. IC 4-31-11-5, AS AMENDED BY P.L.32-2021,
309	309	36 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310	310	37 JULY 1, 2024]: Sec. 5. A member of a the development committee
311	311	38 serves a term of four (4) years. If a vacancy occurs on a the
312	312	39 development committee due to the death, resignation, or removal of a
313	313	40 member, a new member shall be appointed to serve for the remainder
314	314	41 of the unexpired term in the same manner as the original member was
315	315	42 appointed under section 4 of this chapter.
316	316	2024 IN 1396—LS 6954/DI 144 8
317	317	1 SECTION 13. IC 4-31-11-7 IS AMENDED TO READ AS
318	318	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. A member of a the
319	319	3 development committee is not entitled to the minimum salary per diem
320	320	4 provided by IC 4-10-11-2.1(b). However, a member is entitled to
321	321	5 reimbursement for traveling expenses and other expenses actually
322	322	6 incurred in connection with the member's duties, as provided in the
323	323	7 state travel policies and procedures established by the department of
324	324	8 administration and approved by the budget agency.
325	325	9 SECTION 14. IC 4-31-11-8 IS AMENDED TO READ AS
326	326	10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. Each The
327	327	11 development committee shall make recommendations to the
328	328	12 commission concerning an Indiana sires racing program. If the
329	329	13 commission establishes an Indiana sires racing program, only those
330	330	14 horses that were sired by an Indiana stallion are eligible for races
331	331	15 conducted under the program. Stallions residing in Indiana during the
332	332	16 full length of the breeding season are eligible for registration as Indiana
333	333	17 sires. The commission may charge a fee for registration of Indiana
334	334	18 sires.
335	335	19 SECTION 15. IC 4-31-11-9 IS AMENDED TO READ AS
336	336	20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Each The
337	337	21 development committee may make recommendations to the
338	338	22 commission concerning:
339	339	23 (1) stakes races;
340	340	24 (2) futurity races;
341	341	25 (3) races only for horses owned by Indiana residents;
342	342	26 (4) races only for horses sired by stallions standing in Indiana;
343	343	27 (5) races only for horses foaled in Indiana; or
344	344	28 (6) races for any combination of horses described in subdivision
345	345	29 (3), (4), or (5).
346	346	30 Races described in subdivisions (3) through (6) may be for different
347	347	31 distances and may be limited by the age, sex, or gait of the horse.
348	348	32 (b) Each The development committee may make recommendations
349	349	33 to the commission concerning:
350	350	34 (1) cooperative arrangements with statewide breed associations;
351	351	35 and
352	352	36 (2) distribution of money available in a the development fund in
353	353	37 order to supplement a purse for a race at a county fair or
354	354	38 agricultural exposition in Indiana.
355	355	39 (c) The development committee shall make recommendations to
356	356	40 the commission for the furtherance of the standardbred horse
357	357	41 industry in Indiana.
358	358	42 SECTION 16. IC 4-31-11-10 IS REPEALED [EFFECTIVE JULY
359	359	2024 IN 1396—LS 6954/DI 144 9
360	360	1 1, 2024]. Sec. 10. The commission may establish a separate breed
361	361	2 development fund for each breed of horse that participates in racing
362	362	3 meetings under this article. The development funds shall be
363	363	4 administered by the commission.
364	364	5 SECTION 17. IC 4-31-11-10.5 IS ADDED TO THE INDIANA
365	365	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
366	366	7 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) The commission shall
367	367	8 establish a breed development fund.
368	368	9 (b) The development fund consists of:
369	369	10 (1) money received by the commission under section 14.5 of
370	370	11 this chapter;
371	371	12 (2) breakage and outs paid into the fund under IC 4-31-9-10;
372	372	13 (3) appropriations by the general assembly;
373	373	14 (4) gifts;
374	374	15 (5) stakes payments;
375	375	16 (6) entry fees; and
376	376	17 (7) money paid into the fund under IC 4-35-7-12.
377	377	18 (c) The money received by the commission under this chapter
378	378	19 must be deposited in the fund.
379	379	20 (d) The commission shall pay any expense incurred in
380	380	21 administering this chapter from the development fund.
381	381	22 (e) Money in the development fund is continuously appropriated
382	382	23 to the commission to carry out the purposes of this chapter.
383	383	24 SECTION 18. IC 4-31-11-12 IS AMENDED TO READ AS
384	384	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. The treasurer of
385	385	26 state shall invest the money in each the development fund not currently
386	386	27 needed to meet obligations of that fund in the same manner as other
387	387	28 public funds may be invested. Interest that accrues from these
388	388	29 investments shall be deposited in the fund.
389	389	30 SECTION 19. IC 4-31-11-13, AS AMENDED BY THE
390	390	31 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
391	391	32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
392	392	33 JULY 1, 2024]: Sec. 13. The auditor of state comptroller and treasurer
393	393	34 of state shall make payments from the development funds fund upon
394	394	35 order of the commission. Money in each the fund is continuously
395	395	36 appropriated to make these payments. However, the auditor of state and
396	396	37 treasurer of state may not transfer money from one (1) development
397	397	38 fund to another development fund.
398	398	39 SECTION 20. IC 4-31-11-14 IS AMENDED TO READ AS
399	399	40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. A The development
400	400	41 fund does not revert to the state general fund at the end of a state fiscal
401	401	42 year.
402	402	2024 IN 1396—LS 6954/DI 144 10
403	403	1 SECTION 21. IC 4-31-11-14.5 IS ADDED TO THE INDIANA
404	404	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
405	405	3 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. (a) After considering the
406	406	4 recommendations of the development committee, the commission
407	407	5 may disburse money from the development fund for any purpose
408	408	6 described in this section.
409	409	7 (b) After considering the recommendations of the development
410	410	8 committee, the commission may:
411	411	9 (1) conduct educational, informational, and youth programs,
412	412	10 and sponsor and expend funds for any program and
413	413	11 advertising aimed at promoting the standardbred industry in
414	414	12 Indiana;
415	415	13 (2) employ persons to aid in general promotion or race
416	416	14 administration programs for the standardbred industry in
417	417	15 Indiana;
418	418	16 (3) prescribe standards for race programs and conditions of
419	419	17 races, which may include types of races, length of races,
420	420	18 positioning of entries, or gait;
421	421	19 (4) disburse available money to supplement purses for any
422	422	20 individual race with a cooperating fair or standardbred race
423	423	21 meeting;
424	424	22 (5) disburse available money to supplement purses for races
425	425	23 having the requirement that the entries be owned by legal
426	426	24 residents of Indiana; and
427	427	25 (6) accept and disburse donations, contributions,
428	428	26 appropriations, or grants of money or real or personal
429	429	27 property.
430	430	28 (c) After considering the recommendations of the development
431	431	29 committee, the commission shall distribute available money so that
432	432	30 either:
433	433	31 (1) the division between the trotting and pacing gaits of the
434	434	32 standardbred horse is as near equal as possible in proportion
435	435	33 to entries received for any race program; or
436	436	34 (2) the entries may have been conceived by a stallion that
437	437	35 regularly stands within Indiana and that is listed in the
438	438	36 standardbred registry.
439	439	37 (d) The commission shall establish a standardbred registry.
440	440	38 (e) After considering the recommendations of the development
441	441	39 committee, the commission shall collect fees for the registration of
442	442	40 standardbred stallions in an amount established by the
443	443	41 commission. However, amounts collected may not exceed five
444	444	42 hundred dollars ($500) per stallion.
445	445	2024 IN 1396—LS 6954/DI 144 11
446	446	1 (f) After considering the recommendations of the development
447	447	2 committee, the commission shall establish purses for races or to
448	448	3 promote races if the races are open to only the offspring of
449	449	4 standardbred stallions registered under subsection (e).
450	450	5 (g) All money that is disbursed under this section must be
451	451	6 divided so that of all the money disbursed under this section in any
452	452	7 one (1) year:
453	453	8 (1) at least sixty percent (60%) is supplemented for use in
454	454	9 prescribed programs of county and 4-H fairs; and
455	455	10 (2) not more than forty percent (40%) is used to supplement
456	456	11 purses at the Indiana state fair.
457	457	12 SECTION 22. IC 4-31-11-15, AS AMENDED BY P.L.268-2017,
458	458	13 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
459	459	14 JULY 1, 2024]: Sec. 15. The commission shall use the development
460	460	15 funds fund to provide purses and other funding for the activities
461	461	16 described in section 9 of this chapter. The commission may pay:
462	462	17 (1) the operating costs of the development programs;
463	463	18 (2) other costs of administering this chapter; and
464	464	19 (3) costs incurred to promote the horse racing industry in Indiana;
465	465	20 from one (1) or more of the development funds. fund. However, the
466	466	21 amount used for each state fiscal year from these the development
467	467	22 funds fund to pay these the costs under this section may not exceed
468	468	23 four percent (4%) of the amount distributed to those funds the
469	469	24 development fund during the immediately preceding state fiscal year
470	470	25 under IC 4-35-7-12.
471	471	26 SECTION 23. IC 4-35-7-12, AS AMENDED BY P.L.108-2019,
472	472	27 SECTION 76, AND AS AMENDED BY P.L.168-2019, SECTION 18,
473	473	28 IS CORRECTED AND AMENDED TO READ AS FOLLOWS
474	474	29 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The Indiana horse racing
475	475	30 commission shall enforce the requirements of this section.
476	476	31 (b) Subject to section 12.5 of this chapter, a licensee shall before the
477	477	32 fifteenth day of each month distribute for the support of the Indiana
478	478	33 horse racing industry Subject to section 12.5 of this chapter, the
479	479	34 percentage of the adjusted gross receipts of the gambling game
480	480	35 wagering from the previous month at each casino operated by the
481	481	36 licensee that is determined under section 16 or 17 of this chapter. with
482	482	37 respect to adjusted gross receipts received after June 30, 2015.
483	483	38 (c) The Indiana horse racing commission may not use any of the
484	484	39 money distributed under this section for any administrative purpose or
485	485	40 other purpose of the Indiana horse racing commission.
486	486	41 (d) (c) A licensee shall distribute the money devoted to horse racing
487	487	42 purses and to horsemen's associations under this subsection as follows:
488	488	2024 IN 1396—LS 6954/DI 144 12
489	489	1 (1) Five-tenths percent (0.5%) shall be transferred to horsemen's
490	490	2 associations for equine promotion or welfare according to the
491	491	3 ratios specified in subsection (g). (f).
492	492	4 (2) Two and five-tenths percent (2.5%) shall be transferred to
493	493	5 horsemen's associations for backside benevolence according to
494	494	6 the ratios specified in subsection (g). (f).
495	495	7 (3) Ninety-seven percent (97%) shall be distributed to promote
496	496	8 horses and horse racing as provided in subsection (f). (e).
497	497	9 (e) (d) A horsemen's association shall expend the amounts
498	498	10 distributed to the horsemen's association under subsection (d)(1) (c)(1)
499	499	11 through (d)(2) (c)(2) for a purpose promoting the equine industry or
500	500	12 equine welfare or for a benevolent purpose that the horsemen's
501	501	13 association determines is in the best interests of horse racing in Indiana
502	502	14 for the breed represented by the horsemen's association. Expenditures
503	503	15 under this subsection are subject to the regulatory requirements of
504	504	16 subsection (h). (g).
505	505	17 (f) (e) A licensee shall distribute the amounts described in
506	506	18 subsection (d)(3) (c)(3) as follows:
507	507	19 (1) Forty-six percent (46%) for thoroughbred purposes as follows:
508	508	20 (A) Fifty-five percent (55%) for the following purposes:
509	509	21 (i) Ninety-seven percent (97%) for thoroughbred purses.
510	510	22 (ii) Two and four-tenths percent (2.4%) to the horsemen's
511	511	23 association representing thoroughbred owners and trainers.
512	512	24 (iii) Six-tenths percent (0.6%) to the horsemen's association
513	513	25 representing thoroughbred owners and breeders.
514	514	26 (B) Forty-five percent (45%) to the breed development fund
515	515	27 established for thoroughbreds under IC 4-31-11-10.
516	516	28 IC 4-31-11-10.5. Beginning the date that table games are
517	517	29 authorized under section 19 of this chapter, the amounts
518	518	30 distributed under this clause shall be further distributed for
519	519	31 the following purposes:
520	520	32 (i) At least forty-one percent (41%) to the Indiana sired
521	521	33 horses program.
522	522	34 (ii) The remaining amount for other purposes of the fund.
523	523	35 (2) Forty-six percent (46%) for standardbred purposes as follows:
524	524	36 (A) Three hundred seventy-five thousand dollars ($375,000)
525	525	37 to the state fair commission to be used by the state fair
526	526	38 commission to support standardbred racing and facilities at the
527	527	39 state fairgrounds.
528	528	40 (B) One hundred twenty-five thousand dollars ($125,000) to
529	529	41 the state fair commission to be used by the state fair
530	530	42 commission to make grants to county fairs and the department
531	531	2024 IN 1396—LS 6954/DI 144 13
532	532	1 of parks and recreation in Johnson County to support
533	533	2 standardbred racing and facilities at county fair and county
534	534	3 park tracks. The state fair commission shall establish a review
535	535	4 committee to include the standardbred association board, the
536	536	5 Indiana horse racing commission, the Indiana county fair
537	537	6 association, and a member of the board of directors of a county
538	538	7 park established under IC 36-10 that provides or intends to
539	539	8 provide facilities to support standardbred racing, to make
540	540	9 recommendations to the state fair commission on grants under
541	541	10 this clause. A grant may be provided to the Johnson County
542	542	11 fair or department of parks and recreation under this clause
543	543	12 only if the county fair or department provides matching funds
544	544	13 equal to one dollar ($1) for every three dollars ($3) of grant
545	545	14 funds provided.
546	546	15 (C) Fifty percent (50%) of the amount remaining after the
547	547	16 distributions under clauses (A) and (B) for the following
548	548	17 purposes:
549	549	18 (i) Ninety-six and five-tenths percent (96.5%) for
550	550	19 standardbred purses.
551	551	20 (ii) Three and five-tenths percent (3.5%) to the horsemen's
552	552	21 association representing standardbred owners and trainers.
553	553	22 (D) Fifty percent (50%) of the amount remaining after the
554	554	23 distributions under clauses (A) and (B) to the breed
555	555	24 development fund established for standardbreds under
556	556	25 IC 4-31-11-10. IC 4-31-11-10.5.
557	557	26 (3) Eight percent (8%) for quarter horse purposes as follows:
558	558	27 (A) Seventy percent (70%) for the following purposes:
559	559	28 (i) Ninety-five percent (95%) for quarter horse purses.
560	560	29 (ii) Five percent (5%) to the horsemen's association
561	561	30 representing quarter horse owners and trainers.
562	562	31 (B) Thirty percent (30%) to the breed development fund
563	563	32 established for quarter horses under IC 4-31-11-10.
564	564	33 IC 4-31-11-10.5.
565	565	34 Expenditures under this subsection are subject to the regulatory
566	566	35 requirements of subsection (h). (g).
567	567	36 (g) (f) Money distributed under subsection (d)(1) (c)(1) and (d)(2)
568	568	37 (c)(2) shall be allocated as follows:
569	569	38 (1) Forty-six percent (46%) to the horsemen's association
570	570	39 representing thoroughbred owners and trainers.
571	571	40 (2) Forty-six percent (46%) to the horsemen's association
572	572	41 representing standardbred owners and trainers.
573	573	42 (3) Eight percent (8%) to the horsemen's association representing
574	574	2024 IN 1396—LS 6954/DI 144 14
575	575	1 quarter horse owners and trainers.
576	576	2 (h) (g) Money distributed under this section may not be expended
577	577	3 unless the expenditure is for a purpose authorized in this section and is
578	578	4 either for a purpose promoting the equine industry or equine welfare or
579	579	5 is for a benevolent purpose that is in the best interests of horse racing
580	580	6 in Indiana or the necessary expenditures for the operations of the
581	581	7 horsemen's association required to implement and fulfill the purposes
582	582	8 of this section. The Indiana horse racing commission may review any
583	583	9 expenditure of money distributed under this section to ensure that the
584	584	10 requirements of this section are satisfied. The Indiana horse racing
585	585	11 commission shall adopt rules concerning the review and oversight of
586	586	12 money distributed under this section and shall adopt rules concerning
587	587	13 the enforcement of this section. The following apply to a horsemen's
588	588	14 association receiving a distribution of money under this section:
589	589	15 (1) The horsemen's association must annually file a report with
590	590	16 the Indiana horse racing commission concerning the use of the
591	591	17 money by the horsemen's association. The report must include
592	592	18 information as required by the commission.
593	593	19 (2) The horsemen's association must register with the Indiana
594	594	20 horse racing commission.
595	595	21 The state board of accounts shall audit the accounts, books, and records
596	596	22 of the Indiana horse racing commission. Each horsemen's association,
597	597	23 a licensee, and any association for backside benevolence containing
598	598	24 any information relating to the distribution of money under this section
599	599	25 shall submit to an annual audit of their accounts, books, and records
600	600	26 relating to the distribution of money under this section. The audit shall
601	601	27 be performed by an independent public accountant, and the audit
602	602	28 report shall be provided to the Indiana horse racing commission.
603	603	29 (i) (h) The commission shall provide the Indiana horse racing
604	604	30 commission with the information necessary to enforce this section.
605	605	31 (j) (i) The Indiana horse racing commission shall investigate any
606	606	32 complaint that a licensee has failed to comply with the horse racing
607	607	33 purse requirements set forth in this section. If, after notice and a
608	608	34 hearing, the Indiana horse racing commission finds that a licensee has
609	609	35 failed to comply with the purse requirements set forth in this section,
610	610	36 the Indiana horse racing commission may:
611	611	37 (1) issue a warning to the licensee;
612	612	38 (2) impose a civil penalty that may not exceed one million dollars
613	613	39 ($1,000,000); or
614	614	40 (3) suspend a meeting permit issued under IC 4-31-5 to conduct
615	615	41 a pari-mutuel wagering horse racing meeting in Indiana.
616	616	42 (k) (j) A civil penalty collected under this section must be deposited
617	617	2024 IN 1396—LS 6954/DI 144 15
618	618	1 in the state general fund.
619	619	2 SECTION 24. IC 5-1-17 IS REPEALED [EFFECTIVE JULY 1,
620	620	3 2024]. (Indiana Stadium and Convention Building Authority).
621	621	4 SECTION 25. IC 5-1.2-2-62, AS ADDED BY P.L.189-2018,
622	622	5 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
623	623	6 JULY 1, 2024]: Sec. 62. "Referenced statutes" means all statutes that
624	624	7 grant a power to or impose a duty on the authority, including but not
625	625	8 limited to this article, IC 5-1-17, IC 5-1-17.5, IC 5-1.3, IC 8-9.5,
626	626	9 IC 8-14.5, IC 8-15, IC 8-15.5, and IC 8-16.
627	627	10 SECTION 26. IC 5-1.2-4-4, AS AMENDED BY P.L.135-2022,
628	628	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
629	629	12 JULY 1, 2024]: Sec. 4. (a) In addition to the powers listed in section 1
630	630	13 of this chapter, the authority may:
631	631	14 (1) enter into leases and issue bonds under terms and conditions
632	632	15 determined by the authority and use the proceeds of the bonds to:
633	633	16 (A) acquire obligations issued by any entity authorized to
634	634	17 acquire, finance, construct, or lease capital improvements
635	635	18 under IC 5-1-17; IC 5-1.2-17;
636	636	19 (B) acquire any obligations issued by the northwest Indiana
637	637	20 regional development authority established by IC 36-7.5-2-1;
638	638	21 or
639	639	22 (C) carry out the purposes of IC 5-1-17.5 within a motorsports
640	640	23 investment district;
641	641	24 (2) at the request of the Indiana economic development
642	642	25 corporation established by IC 5-28-3-1, and subject to subsections
643	643	26 (b), (c), and (d), enter into leases and issue bonds under terms and
644	644	27 conditions determined by the authority payable solely from:
645	645	28 (A) revenues that are deposited in a local innovation
646	646	29 development district fund established under IC 36-7-32.5-19;
647	647	30 (B) revenues generated from a project under IC 36-7-32.5-19;
648	648	31 and
649	649	32 (C) appropriations from the general assembly; and
650	650	33 (3) perform any other functions determined by the authority to be
651	651	34 necessary or appropriate to carry out the purposes of this section.
652	652	35 (b) The proceeds of bonds issued under subsection (a)(2) may be
653	653	36 used to pay the costs of projects:
654	654	37 (1) described in IC 36-7-32.5-19; and
655	655	38 (2) located within or directly serving the innovation development
656	656	39 district in which the revenue was generated.
657	657	40 (c) Before the authority enters into leases or issues bonds under
658	658	41 subsection (a)(2), the proposed lease or issuance of bonds must be
659	659	42 reviewed by the budget committee.
660	660	2024 IN 1396—LS 6954/DI 144 16
661	661	1 (d) The authority may not issue more than one billion dollars
662	662	2 ($1,000,000,000) of bonds under subsection (a)(2).
663	663	3 SECTION 27. IC 5-1.2-17 IS ADDED TO THE INDIANA CODE
664	664	4 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
665	665	5 JULY 1, 2024]:
666	666	6 Chapter 17. Indiana Stadium and Convention Facilities
667	667	7 Sec. 1. As used in this chapter, "bonds" means bonds, notes,
668	668	8 commercial paper, or other evidences of indebtedness. The term
669	669	9 includes obligations (as defined in IC 8-9.5-9-3) and swap
670	670	10 agreements (as defined in IC 8-9.5-9-4).
671	671	11 Sec. 2. As used in this chapter, "capital improvement board"
672	672	12 refers to a capital improvement board of managers created by
673	673	13 IC 36-10-8 or IC 36-10-9.
674	674	14 Sec. 3. As used in this chapter, "stadium building entity" means
675	675	15 the Indiana stadium and convention building authority established
676	676	16 under IC 5-1-17-6 (before its repeal).
677	677	17 Sec. 4. As used in this chapter, "state agency" has the meaning
678	678	18 set forth in IC 5-1.2-2.
679	679	19 Sec. 5. The:
680	680	20 (1) members of the authority;
681	681	21 (2) officers and employees of the authority; and
682	682	22 (3) public finance director;
683	683	23 executing bonds, leases, obligations, or other agreements under this
684	684	24 chapter are not subject to personal liability or accountability by
685	685	25 reason of any act authorized by this chapter.
686	686	26 Sec. 6. After June 30, 2024, the following purposes are
687	687	27 transferred from the stadium building entity to the authority:
688	688	28 (1) Acquiring, financing, constructing, and leasing land and
689	689	29 capital improvements to or for the benefit of a capital
690	690	30 improvement board.
691	691	31 (2) Financing and constructing additional improvements to
692	692	32 capital improvements owned by the authority and leasing
693	693	33 them to or for the benefit of a capital improvement board.
694	694	34 (3) Acquiring land or all or a portion of one (1) or more
695	695	35 capital improvements from a capital improvement board by
696	696	36 purchase or lease and leasing the land or these capital
697	697	37 improvements back to the capital improvement board, with
698	698	38 any additional improvements that may be made to them.
699	699	39 (4) Acquiring all or a portion of one (1) or more capital
700	700	40 improvements from a capital improvement board by purchase
701	701	41 or lease to fund or refund indebtedness incurred on account
702	702	42 of those capital improvements to enable the capital
703	703	2024 IN 1396—LS 6954/DI 144 17
704	704	1 improvement board to make a savings in debt service
705	705	2 obligations or lease rental obligations or to obtain relief from
706	706	3 covenants that the capital improvement board considers to be
707	707	4 unduly burdensome.
708	708	5 Sec. 7. (a) Under this chapter, the authority may also:
709	709	6 (1) finance, improve, construct, reconstruct, renovate,
710	710	7 purchase, lease, acquire, and equip land and capital
711	711	8 improvements;
712	712	9 (2) lease the land or those capital improvements to a capital
713	713	10 improvement board;
714	714	11 (3) sue, be sued, plead, and be impleaded;
715	715	12 (4) condemn, appropriate, lease, rent, purchase, and hold any
716	716	13 real or personal property needed or considered useful in
717	717	14 connection with capital improvements;
718	718	15 (5) acquire real or personal property by gift, devise, or
719	719	16 bequest and hold, use, or dispose of that property for the
720	720	17 purposes authorized by this chapter;
721	721	18 (6) after giving notice, enter upon any lots or lands for the
722	722	19 purpose of surveying or examining them to determine the
723	723	20 location of a capital improvement;
724	724	21 (7) design, order, contract for, and construct, reconstruct, and
725	725	22 renovate any capital improvements or improvements thereto;
726	726	23 (8) employ managers, superintendents, architects, engineers,
727	727	24 attorneys, auditors, clerks, construction managers, and other
728	728	25 employees;
729	729	26 (9) make and enter into all contracts and agreements,
730	730	27 including agreements to arbitrate, that are necessary or
731	731	28 incidental to the performance of its duties and the execution
732	732	29 of its powers under this chapter;
733	733	30 (10) acquire in the name of the authority by the exercise of the
734	734	31 right of condemnation, in the manner provided in subsection
735	735	32 (c), public or private lands, or rights in lands, rights-of-way,
736	736	33 property, rights, easements, and interests, as it considers
737	737	34 necessary for carrying out this chapter; and
738	738	35 (11) take any other action necessary to implement its purposes
739	739	36 as set forth in section 6 of this chapter.
740	740	37 (b) The authority is subject to the provisions of 25 IAC 5
741	741	38 concerning equal opportunities for minority business enterprises
742	742	39 and women's business enterprises to participate in procurement
743	743	40 and contracting processes. In addition, the authority shall set a
744	744	41 goal for participation by minority business enterprises of fifteen
745	745	42 percent (15%) and women's business enterprises of five percent
746	746	2024 IN 1396—LS 6954/DI 144 18
747	747	1 (5%), consistent with the goals of delivering the project on time
748	748	2 and within the budgeted amount and, insofar as possible, using
749	749	3 Indiana businesses for employees, goods, and services. In fulfilling
750	750	4 the goal, the authority shall take into account historical precedents
751	751	5 in the same market.
752	752	6 (c) If the authority is unable to agree with the owners, lessees,
753	753	7 or occupants of any real property selected for the purposes of this
754	754	8 chapter, the authority may proceed to procure the condemnation
755	755	9 of the property under IC 32-24-1. The authority may not institute
756	756	10 a proceeding until the authority has adopted a resolution that:
757	757	11 (1) describes the real property sought to be acquired and the
758	758	12 purpose for which the real property is to be used;
759	759	13 (2) declares that the public interest and necessity require the
760	760	14 acquisition by the authority of the property involved; and
761	761	15 (3) sets out any other facts that the authority considers
762	762	16 necessary or pertinent.
763	763	17 The resolution is conclusive evidence of the public necessity of the
764	764	18 proposed acquisition and shall be referred to the attorney general
765	765	19 for action, in the name of the authority, in the circuit or superior
766	766	20 court of the county in which the real property is located.
767	767	21 Sec. 8. (a) Bonds issued under IC 36-10-8 or IC 36-10-9 or prior
768	768	22 law may be refunded as provided in this section.
769	769	23 (b) A capital improvement board may:
770	770	24 (1) lease all or a portion of land or a capital improvement or
771	771	25 improvements to the authority, which may be at a nominal
772	772	26 lease rental with a lease back to the capital improvement
773	773	27 board, conditioned upon the authority assuming bonds issued
774	774	28 under IC 36-10-8 or IC 36-10-9 or prior law and issuing its
775	775	29 bonds to refund those bonds; and
776	776	30 (2) sell all or a portion of land or a capital improvement or
777	777	31 improvements to the authority for a price sufficient to provide
778	778	32 for the refunding of those bonds and lease back the land or
779	779	33 capital improvement or improvements from the authority.
780	780	34 Sec. 9. (a) Before a lease may be entered into by a capital
781	781	35 improvement board under this chapter, the capital improvement
782	782	36 board must find that the lease rental provided for is fair and
783	783	37 reasonable.
784	784	38 (b) A lease or sublease of land or capital improvements from the
785	785	39 authority, or from a state agency under section 24 of this chapter,
786	786	40 to a capital improvement board:
787	787	41 (1) may not have a term exceeding forty (40) years;
788	788	42 (2) may not require payment of lease rentals for a newly
789	789	2024 IN 1396—LS 6954/DI 144 19
790	790	1 constructed capital improvement or for improvements to an
791	791	2 existing capital improvement until the capital improvement or
792	792	3 improvements thereto have been completed and are ready for
793	793	4 occupancy;
794	794	5 (3) may contain provisions:
795	795	6 (A) allowing the capital improvement board to continue to
796	796	7 operate an existing capital improvement until completion
797	797	8 of the improvements, reconstruction, or renovation of that
798	798	9 capital improvement or any other capital improvement;
799	799	10 and
800	800	11 (B) requiring payment of lease rentals for land, for an
801	801	12 existing capital improvement being used, reconstructed, or
802	802	13 renovated, or for any other existing capital improvement;
803	803	14 (4) may contain an option to renew the lease for the same or
804	804	15 shorter term on the conditions provided in the lease;
805	805	16 (5) must contain an option for the capital improvement board
806	806	17 to purchase the capital improvement upon the terms stated in
807	807	18 the lease:
808	808	19 (A) during the term of the lease for a price equal to the
809	809	20 amount required to pay all indebtedness incurred on
810	810	21 account of the capital improvement, including
811	811	22 indebtedness incurred for the refunding of that
812	812	23 indebtedness; or
813	813	24 (B) for one dollar ($1) after the term of the lease, if all
814	814	25 indebtedness incurred on account of the capital
815	815	26 improvement, including indebtedness incurred for the
816	816	27 refunding of that indebtedness, is no longer outstanding;
817	817	28 (6) may be entered into before acquisition or construction of
818	818	29 a capital improvement;
819	819	30 (7) may provide that the capital improvement board shall
820	820	31 agree to:
821	821	32 (A) pay all taxes and assessments thereon;
822	822	33 (B) maintain insurance thereon for the benefit of the
823	823	34 authority;
824	824	35 (C) assume responsibility for utilities, repairs, alterations,
825	825	36 and any costs of operation; and
826	826	37 (D) pay a deposit or series of deposits to the authority from
827	827	38 any funds legally available to the capital improvement
828	828	39 board before the commencement of the lease to secure the
829	829	40 performance of the capital improvement board's
830	830	41 obligations under the lease;
831	831	42 (8) subject to IC 36-10-8-13 and IC 36-10-9-11, may provide
832	832	2024 IN 1396—LS 6954/DI 144 20
833	833	1 that the lease rental payments by the capital improvement
834	834	2 board shall be made from:
835	835	3 (A) proceeds of one (1) or more of the excise taxes as
836	836	4 defined in IC 36-10-8 or IC 36-10-9;
837	837	5 (B) proceeds of the county supplemental auto rental excise
838	838	6 tax imposed under IC 6-6-9.7;
839	839	7 (C) that part of the proceeds of the county food and
840	840	8 beverage tax imposed under IC 6-9-35, which the capital
841	841	9 improvement board or its designee receives pursuant
842	842	10 thereto;
843	843	11 (D) revenue captured under IC 36-7-31;
844	844	12 (E) net revenues of the capital improvement;
845	845	13 (F) any other funds available to the capital improvement
846	846	14 board; or
847	847	15 (G) any combination of the sources described in clauses (A)
848	848	16 through (F);
849	849	17 (9) subject to subdivision (10), must provide that the capital
850	850	18 improvement board is solely responsible for the operation and
851	851	19 maintenance of the capital improvement upon completion of
852	852	20 construction, including the negotiation and maintenance of
853	853	21 agreements with tenants or users of the capital improvement;
854	854	22 (10) must provide that, during the term of the lease, the
855	855	23 authority retains the right to approve any lease agreements
856	856	24 and amendments to any lease agreements between the capital
857	857	25 improvement board and any National Football League
858	858	26 franchised professional football team that will use the capital
859	859	27 improvement;
860	860	28 (11) must provide that:
861	861	29 (A) subject to the terms of the lease, the capital
862	862	30 improvement board will retain all revenues from operation
863	863	31 of the capital improvement; and
864	864	32 (B) the authority has no responsibility to fund the ongoing
865	865	33 maintenance and operations of the capital improvement;
866	866	34 and
867	867	35 (12) with respect to a capital improvement that is subject to
868	868	36 the county admissions tax imposed by IC 6-9-13, must provide
869	869	37 that upon request of the authority the capital improvement
870	870	38 board will impose a fee:
871	871	39 (A) not to exceed three dollars ($3), as determined by the
872	872	40 authority, for each admission to a professional sporting
873	873	41 event described in IC 6-9-13-1; and
874	874	42 (B) not to exceed one dollar ($1), as determined by the
875	875	2024 IN 1396—LS 6954/DI 144 21
876	876	1 authority, for each admission to any other event described
877	877	2 in IC 6-9-13-1;
878	878	3 and, so long as there are any current or future obligations
879	879	4 owed by the capital improvement board to the authority or
880	880	5 any state agency pursuant to a lease or other agreement
881	881	6 entered into between the capital improvement board and the
882	882	7 authority or any state agency under section 26 of this chapter,
883	883	8 the capital improvement board or its designee shall deposit
884	884	9 the revenues received from the fee imposed under this
885	885	10 subdivision in a special fund, which may be used only for the
886	886	11 payment of the obligations described in this subdivision.
887	887	12 (c) A capital improvement board may designate the authority as
888	888	13 its agent to receive on behalf of the capital improvement board any
889	889	14 of the revenues identified in subsection (b)(8).
890	890	15 (d) All information prepared by the capital improvement board
891	891	16 or a political subdivision served by the capital improvement board
892	892	17 with respect to a capital improvement proposed to be financed
893	893	18 under this chapter, including a construction budget and timeline,
894	894	19 must be provided to the budget director. Any information
895	895	20 described in this subsection that was prepared before May 15,
896	896	21 2005, must be provided to the budget director not later than May
897	897	22 15, 2005.
898	898	23 Sec. 10. This chapter contains full and complete authority for
899	899	24 leases between the authority and a capital improvement board. No
900	900	25 law, procedure, proceedings, publications, notices, consents,
901	901	26 approvals, orders, or acts by the board or the capital improvement
902	902	27 board or any other officer, department, agency, or instrumentality
903	903	28 of the state or any political subdivision is required to enter into any
904	904	29 lease, except as prescribed in this chapter.
905	905	30 Sec. 11. If the lease provides for a capital improvement or
906	906	31 improvements thereto to be constructed by the authority, the plans
907	907	32 and specifications shall be submitted to and approved by all
908	908	33 agencies designated by law to pass on plans and specifications for
909	909	34 public buildings.
910	910	35 Sec. 12. The authority and a capital improvement board may
911	911	36 enter into common wall (party wall) agreements or other
912	912	37 agreements concerning easements or licenses. These agreements
913	913	38 shall be recorded with the recorder of the county in which the
914	914	39 capital improvement is located.
915	915	40 Sec. 13. (a) A capital improvement board may lease for a
916	916	41 nominal lease rental, or sell to the authority, one (1) or more
917	917	42 capital improvements or portions thereof or land upon which a
918	918	2024 IN 1396—LS 6954/DI 144 22
919	919	1 capital improvement is located or is to be constructed.
920	920	2 (b) Any lease of all or a portion of a capital improvement by a
921	921	3 capital improvement board to the authority must be for a term
922	922	4 equal to the term of the lease of that capital improvement back to
923	923	5 the capital improvement board.
924	924	6 (c) A capital improvement board may sell property to the
925	925	7 authority.
926	926	8 Sec. 14. (a) Subject to subsection (h), the authority may issue
927	927	9 bonds for the purpose of obtaining money to pay the cost of:
928	928	10 (1) acquiring real or personal property, including existing
929	929	11 capital improvements;
930	930	12 (2) constructing, improving, reconstructing, or renovating one
931	931	13 (1) or more capital improvements; or
932	932	14 (3) funding or refunding bonds issued under IC 36-10-8 or
933	933	15 IC 36-10-9 or prior law.
934	934	16 (b) The bonds are payable from the lease rentals from the lease
935	935	17 of the capital improvements for which the bonds were issued,
936	936	18 insurance proceeds, and any other funds pledged or available.
937	937	19 (c) The bonds shall be authorized by a resolution of the board.
938	938	20 (d) The terms and form of the bonds shall either be set out in the
939	939	21 resolution or in a form of trust indenture approved by the
940	940	22 resolution.
941	941	23 (e) The bonds shall mature within forty (40) years.
942	942	24 (f) The board shall sell the bonds at public or private sale upon
943	943	25 the terms determined by the board.
944	944	26 (g) All money received from any bonds issued under this
945	945	27 chapter shall be applied to the payment of the cost of the
946	946	28 acquisition or construction, or both, of capital improvements, or
947	947	29 the cost of refunding or refinancing outstanding bonds, for which
948	948	30 the bonds are issued. The cost may include:
949	949	31 (1) planning and development of the facility and all buildings,
950	950	32 facilities, structures, and improvements related to it;
951	951	33 (2) acquisition of a site and clearing and preparing the site for
952	952	34 construction;
953	953	35 (3) equipment, facilities, structures, and improvements that
954	954	36 are necessary or desirable to make the capital improvement
955	955	37 suitable for use and operations;
956	956	38 (4) architectural, engineering, consultant, and attorney's fees;
957	957	39 (5) incidental expenses in connection with the issuance and
958	958	40 sale of bonds;
959	959	41 (6) reserves for principal and interest;
960	960	42 (7) interest during construction;
961	961	2024 IN 1396—LS 6954/DI 144 23
962	962	1 (8) financial advisory fees;
963	963	2 (9) insurance during construction;
964	964	3 (10) municipal bond insurance, debt service reserve
965	965	4 insurance, letters of credit, or other credit enhancement; and
966	966	5 (11) in the case of refunding or refinancing, payment of the
967	967	6 principal of, redemption premiums (if any) for, and interest
968	968	7 on, the bonds being refunded or refinanced.
969	969	8 (h) The authority may not issue bonds under this chapter unless
970	970	9 the authority first finds that the following conditions are met:
971	971	10 (1) The capital improvement board and the authority have
972	972	11 entered into a written agreement concerning the terms of the
973	973	12 financing of the facility. This agreement must include the
974	974	13 following provisions:
975	975	14 (A) Notwithstanding any other law, if the capital
976	976	15 improvement board selected a construction manager and
977	977	16 an architect for a facility before May 15, 2005, the
978	978	17 authority will contract with that construction manager and
979	979	18 architect and use plans as developed by that construction
980	980	19 manager and architect. In addition, any other agreements
981	981	20 entered into by the capital improvement board or a
982	982	21 political subdivision served by the capital improvement
983	983	22 board with respect to the design and construction of the
984	984	23 facility will be reviewed by the members of the authority.
985	985	24 The members of the authority are not bound by any prior
986	986	25 commitments of the capital improvement board or the
987	987	26 political subdivision, other than the general project design,
988	988	27 and will approve all contracts necessary for the design and
989	989	28 construction of the facility.
990	990	29 (B) If before May 15, 2005, the capital improvement board
991	991	30 acquired any land, plans, or other information necessary
992	992	31 for the facility and the board had budgeted for these items,
993	993	32 the capital improvement board will transfer the land,
994	994	33 plans, or other information useful to the authority for a
995	995	34 price not to exceed the lesser of:
996	996	35 (i) the actual cost to the capital improvement board; or
997	997	36 (ii) three million five hundred thousand dollars
998	998	37 ($3,500,000).
999	999	38 (C) The capital improvement board agrees to take any
1000	1000	39 legal action that the authority considers necessary to
1001	1001	40 facilitate the financing of the facility, including entering
1002	1002	41 into agreements during the design and construction of the
1003	1003	42 facility or a sublease of a capital improvement to any state
1004	1004	2024 IN 1396—LS 6954/DI 144 24
1005	1005	1 agency that is then leased by the authority to any state
1006	1006	2 agency under section 24 of this chapter.
1007	1007	3 (D) The capital improvement board is prohibited from
1008	1008	4 taking any other action with respect to the financing of the
1009	1009	5 facility without the prior approval of the authority. The
1010	1010	6 authority is not bound by the terms of any agreement
1011	1011	7 entered into by the capital improvement board with
1012	1012	8 respect to the financing of the facility without the prior
1013	1013	9 approval of the authority.
1014	1014	10 (E) As the project financier, the authority (or its successor
1015	1015	11 agency) and the public finance director will be responsible
1016	1016	12 for selecting all investment bankers, bond counsel, trustees,
1017	1017	13 and financial advisors.
1018	1018	14 (F) The capital improvement board agrees to deliver to the
1019	1019	15 authority the one hundred million dollars ($100,000,000)
1020	1020	16 that is owed to the capital improvement board, the
1021	1021	17 consolidated city, or Marion County, pursuant to an
1022	1022	18 agreement between the National Football League
1023	1023	19 franchised professional football team and the capital
1024	1024	20 improvement board, the consolidated city, or Marion
1025	1025	21 County. This amount shall be applied to the cost of
1026	1026	22 construction for the stadium part of the facility. This
1027	1027	23 amount does not have to be delivered until a lease is
1028	1028	24 entered into for the stadium between the authority and the
1029	1029	25 capital improvement board.
1030	1030	26 (G) The authority agrees to consult with the staff of the
1031	1031	27 capital improvement board on an as needed basis during
1032	1032	28 the design and construction of the facility, and the capital
1033	1033	29 improvement board agrees to make its staff available for
1034	1034	30 this purpose.
1035	1035	31 (H) The authority, Marion County, the consolidated city,
1036	1036	32 the capital improvement board and the National Football
1037	1037	33 League franchised professional football team must commit
1038	1038	34 to using their best efforts to assist and cooperate with one
1039	1039	35 another to design and construct the facility on time and on
1040	1040	36 budget.
1041	1041	37 (2) The capital improvement board and the National Football
1042	1042	38 League franchised professional football team have entered
1043	1043	39 into a lease for the stadium part of the facility that has been
1044	1044	40 approved by the authority and has a term of at least thirty
1045	1045	41 (30) years.
1046	1046	42 Sec. 15. (a) The following definitions apply throughout this
1047	1047	2024 IN 1396—LS 6954/DI 144 25
1048	1048	1 section:
1049	1049	2 (1) "Contract" includes a lease or other agreement.
1050	1050	3 (2) "Contract limitation" refers to a bid specification, project
1051	1051	4 agreement, lease provision, or other contract document that
1052	1052	5 does any of the following:
1053	1053	6 (A) Requires a bidder, offeror, or contractor in any
1054	1054	7 contractor tier to enter into or adhere to an agreement
1055	1055	8 with a labor organization relating to a project.
1056	1056	9 (B) Prohibits a bidder, offeror, or contractor in any
1057	1057	10 contractor tier from entering into or adhering to an
1058	1058	11 agreement with a labor organization relating to a project.
1059	1059	12 (C) Discriminates against a bidder, offeror, or contractor
1060	1060	13 in any contractor tier for any of the following:
1061	1061	14 (i) Becoming or remaining a signatory to an agreement
1062	1062	15 with a labor organization relating to a project.
1063	1063	16 (ii) Refusing to become or remain a signatory to an
1064	1064	17 agreement with a labor organization relating to a
1065	1065	18 project.
1066	1066	19 (iii) Adhering or refusing to adhere to an agreement with
1067	1067	20 a labor organization relating to a project.
1068	1068	21 (3) "Project" refers to a project of the authority for the
1069	1069	22 construction of a facility and all buildings, facilities,
1070	1070	23 structures, and improvements related to that facility to be
1071	1071	24 financed in whole or in part from funds derived from the
1072	1072	25 establishment of a tax area under IC 36-7-31.5.
1073	1073	26 (4) "Public benefit" refers to a grant, a tax abatement, a tax
1074	1074	27 credit, or establishment or use of tax area revenues related to
1075	1075	28 a project.
1076	1076	29 (b) A contract relating to a project may not require a contractor
1077	1077	30 or subcontractor to enter into a contract limitation as a condition
1078	1078	31 of being awarded and performing work on the contract. Any such
1079	1079	32 provision is void.
1080	1080	33 (c) A public entity may not award a public benefit that is
1081	1081	34 conditioned upon a requirement that the person awarded the
1082	1082	35 public benefit include a contract limitation in a contract document
1083	1083	36 related to a project. Any such provision is void.
1084	1084	37 Sec. 16. (a) This section applies to bids received with respect to
1085	1085	38 a capital improvement under this chapter:
1086	1086	39 (1) that is constructed by, for, or on behalf of the authority;
1087	1087	40 and
1088	1088	41 (2) for which only one (1) bid was received from a responsible
1089	1089	42 bidder.
1090	1090	2024 IN 1396—LS 6954/DI 144 26
1091	1091	1 (b) The board may attempt to negotiate a more advantageous
1092	1092	2 proposal and contract with the bidder if the board determines that
1093	1093	3 rebidding:
1094	1094	4 (1) is not practicable or advantageous; or
1095	1095	5 (2) would adversely affect the construction schedule or budget
1096	1096	6 of the project.
1097	1097	7 (c) The board shall prepare a bid file containing the following
1098	1098	8 information:
1099	1099	9 (1) A copy of all documents that are included as part of the
1100	1100	10 invitation for bids.
1101	1101	11 (2) A list of all persons to whom copies of the invitation for
1102	1102	12 bids were given, including the following information:
1103	1103	13 (A) The name and address of each person who received an
1104	1104	14 invitation for bids.
1105	1105	15 (B) The name of each bidder who responded and the dollar
1106	1106	16 amount of the bid.
1107	1107	17 (C) A summary of the bid received.
1108	1108	18 (3) The basis on which the bid was accepted.
1109	1109	19 (4) Documentation of the board's negotiating process with the
1110	1110	20 bidder. The documentation must include the following:
1111	1111	21 (A) A log of the dates and times of each meeting with the
1112	1112	22 bidder.
1113	1113	23 (B) A description of the nature of all communications with
1114	1114	24 the bidder.
1115	1115	25 (C) A copy of all written communications, including
1116	1116	26 electronic communications, with the bidder.
1117	1117	27 (5) The entire contents of the contract file except for
1118	1118	28 proprietary information included with the bid, such as trade
1119	1119	29 secrets, manufacturing processes, and financial information
1120	1120	30 that was not required to be made available for public
1121	1121	31 inspection by the terms of the invitation for bids.
1122	1122	32 Sec. 17. This chapter contains full and complete authority for
1123	1123	33 the issuance of bonds. No law, procedure, proceedings,
1124	1124	34 publications, notices, consents, approvals, orders, or acts by the
1125	1125	35 board or any other officer, department, agency, or instrumentality
1126	1126	36 of the state or of any political subdivision is required to issue any
1127	1127	37 bonds, except as prescribed in this chapter.
1128	1128	38 Sec. 18. Bonds issued under this chapter are legal investments
1129	1129	39 for private trust funds and the funds of banks, trust companies,
1130	1130	40 insurance companies, building and loan associations, credit unions,
1131	1131	41 banks of discount and deposit, savings banks, loan and trust and
1132	1132	42 safe deposit companies, rural loan and savings associations,
1133	1133	2024 IN 1396—LS 6954/DI 144 27
1134	1134	1 guaranty loan and savings associations, mortgage guaranty
1135	1135	2 companies, small loan companies, industrial loan and investment
1136	1136	3 companies, and other financial institutions organized under
1137	1137	4 Indiana law.
1138	1138	5 Sec. 19. (a) The authority may secure bonds issued under this
1139	1139	6 chapter by a trust indenture between the authority and a corporate
1140	1140	7 trustee, which may be any trust company or national or state bank
1141	1141	8 within Indiana that has trust powers.
1142	1142	9 (b) The trust indenture may:
1143	1143	10 (1) pledge or assign lease rentals, receipts, and income from
1144	1144	11 leased capital improvements, but may not mortgage land or
1145	1145	12 capital improvements;
1146	1146	13 (2) contain reasonable and proper provisions for protecting
1147	1147	14 and enforcing the rights and remedies of the bondholders,
1148	1148	15 including covenants setting forth the duties of the authority
1149	1149	16 and board;
1150	1150	17 (3) set forth the rights and remedies of bondholders and
1151	1151	18 trustee; and
1152	1152	19 (4) restrict the individual right of action of bondholders.
1153	1153	20 (c) Any pledge or assignment made by the authority under this
1154	1154	21 section is valid and binding from the time that the pledge or
1155	1155	22 assignment is made, against all persons whether or not they have
1156	1156	23 notice of the lien. Any trust indenture by which a pledge is created
1157	1157	24 or an assignment made need not be filed or recorded. The lien is
1158	1158	25 perfected against third parties by filing the trust indenture in the
1159	1159	26 records of the board.
1160	1160	27 Sec. 20. If a capital improvement board exercises its option to
1161	1161	28 purchase leased property, it may issue its bonds as authorized by
1162	1162	29 statute.
1163	1163	30 Sec. 21. For purposes of this chapter, all:
1164	1164	31 (1) property owned by the authority;
1165	1165	32 (2) revenues of the authority; and
1166	1166	33 (3) bonds issued by the authority, the interest on the bonds,
1167	1167	34 the proceeds received by a holder from the sale of bonds to
1168	1168	35 the extent of the holder's cost of acquisition, proceeds received
1169	1169	36 upon redemption before maturity, proceeds received at
1170	1170	37 maturity, and the receipt of interest in proceeds;
1171	1171	38 are exempt from taxation in Indiana for all purposes except the
1172	1172	39 financial institutions tax imposed under IC 6-5.5.
1173	1173	40 Sec. 22. Any action to contest the validity of bonds to be issued
1174	1174	41 under this chapter may not be brought after the fifteenth day
1175	1175	42 following:
1176	1176	2024 IN 1396—LS 6954/DI 144 28
1177	1177	1 (1) the receipt of bids for the bonds, if the bonds are sold at
1178	1178	2 public sale; or
1179	1179	3 (2) the publication one (1) time in a newspaper of general
1180	1180	4 circulation published in the county of notice of the execution
1181	1181	5 and delivery of the contract for the sale of bonds;
1182	1182	6 whichever occurs first.
1183	1183	7 Sec. 23. The authority shall not issue bonds in a principal
1184	1184	8 amount exceeding five hundred million dollars ($500,000,000) to
1185	1185	9 finance any capital improvement in Marion County unless:
1186	1186	10 (1) on or before June 30, 2005, the county fiscal body:
1187	1187	11 (A) increases the rate of the tax authorized by IC 6-6-9.7
1188	1188	12 by the maximum amount authorized by IC 6-6-9.7-7(c);
1189	1189	13 (B) increases the rate of the tax authorized by IC 6-9-8 by
1190	1190	14 the maximum amount authorized by IC 6-9-8-3(d);
1191	1191	15 (C) increases the rate of tax authorized by IC 6-9-12 by the
1192	1192	16 maximum amount authorized by IC 6-9-12-5(b); and
1193	1193	17 (D) increases the rate of the tax authorized by IC 6-9-13 by
1194	1194	18 the maximum amount authorized by IC 6-9-13-2(b); and
1195	1195	19 (2) on or before October 1, 2005, the budget director makes a
1196	1196	20 determination under IC 36-7-31-14.1 to increase the amount
1197	1197	21 of money captured in a tax area established under IC 36-7-31
1198	1198	22 by up to eleven million dollars ($11,000,000) per year,
1199	1199	23 commencing July 1, 2007.
1200	1200	24 Sec. 24. (a) Notwithstanding any other law, any capital
1201	1201	25 improvement that may be leased by the authority to a capital
1202	1202	26 improvement board under this chapter may also be leased by the
1203	1203	27 authority to any state agency to accomplish the purposes of this
1204	1204	28 chapter. Any lease between the authority and a state agency under
1205	1205	29 this chapter:
1206	1206	30 (1) must set forth the terms and conditions of the use and
1207	1207	31 occupancy under the lease;
1208	1208	32 (2) must set forth the amounts agreed to be paid at stated
1209	1209	33 intervals for the use and occupancy under the lease;
1210	1210	34 (3) must provide that the state agency is not obligated to
1211	1211	35 continue to pay for the use and occupancy under the lease but
1212	1212	36 is instead required to vacate the facility if it is shown that the
1213	1213	37 terms and conditions of the use and occupancy and the
1214	1214	38 amount to be paid for the use and occupancy are unjust and
1215	1215	39 unreasonable considering the value of the services and
1216	1216	40 facilities thereby afforded;
1217	1217	41 (4) must provide that the state agency is required to vacate
1218	1218	42 the facility if funds have not been appropriated or are not
1219	1219	2024 IN 1396—LS 6954/DI 144 29
1220	1220	1 available to pay any sum agreed to be paid for use and
1221	1221	2 occupancy when due;
1222	1222	3 (5) may provide for such costs as maintenance, operations,
1223	1223	4 taxes, and insurance to be paid by the state agency;
1224	1224	5 (6) may contain an option to renew the lease;
1225	1225	6 (7) may contain an option to purchase the facility for an
1226	1226	7 amount equal to the amount required to pay the principal and
1227	1227	8 interest of indebtedness of the authority incurred on account
1228	1228	9 of the facility and expenses of the authority attributable to the
1229	1229	10 facility;
1230	1230	11 (8) may provide for payment of sums for use and occupancy
1231	1231	12 of an existing capital improvement being used by the state
1232	1232	13 agency, but may not provide for payment of sums for use and
1233	1233	14 occupancy of a new capital improvement until the
1234	1234	15 construction of the capital improvement or portion thereof
1235	1235	16 has been completed and the new capital improvement or a
1236	1236	17 portion thereof is available for use and occupancy by the state
1237	1237	18 agency; and
1238	1238	19 (9) may contain any other provisions agreeable to the
1239	1239	20 authority and the state agency.
1240	1240	21 (b) Any state agency that leases a capital improvement from the
1241	1241	22 authority under this chapter may sublease the capital improvement
1242	1242	23 to a capital improvement board under the terms and conditions set
1243	1243	24 forth in section 9(a) of this chapter, section 9(b)(1) through 9(b)(4)
1244	1244	25 of this chapter, section 9(b)(6) through 9(b)(8) of this chapter, and
1245	1245	26 section 9(c) of this chapter.
1246	1246	27 (c) Notwithstanding any other law, in anticipation of the
1247	1247	28 construction of any capital improvement and the lease of that
1248	1248	29 capital improvement by the authority to a state agency, the
1249	1249	30 authority may acquire an existing facility owned by the state
1250	1250	31 agency and then lease the facility to the state agency. A lease made
1251	1251	32 under this subsection shall describe the capital improvement to be
1252	1252	33 constructed and may provide for the payment of rent by the state
1253	1253	34 agency for the use of the existing facility. If such rent is to be paid
1254	1254	35 pursuant to the lease, the lease shall provide that upon completion
1255	1255	36 of the construction of the capital improvement, the capital
1256	1256	37 improvement shall be substituted for the existing facility under the
1257	1257	38 lease. The rent required to be paid by the state agency pursuant to
1258	1258	39 the lease shall not constitute a debt of the state for purposes of the
1259	1259	40 Constitution of the State of Indiana. A lease entered into under this
1260	1260	41 subsection is subject to the same requirements for a lease entered
1261	1261	42 into under subsection (a) with respect to both the existing facility
1262	1262	2024 IN 1396—LS 6954/DI 144 30
1263	1263	1 and the capital improvement anticipated to be constructed.
1264	1264	2 (d) This chapter contains full and complete authority for leases
1265	1265	3 between the authority and a state agency and subleases between a
1266	1266	4 state agency and a capital improvement board. No laws,
1267	1267	5 procedures, proceedings, publications, notices, consents, approvals,
1268	1268	6 orders, or acts by the board, the governing body of any state
1269	1269	7 agency or the capital improvement board or any other officer,
1270	1270	8 department, agency, or instrumentality of the state or any political
1271	1271	9 subdivision is required to enter into any such lease or sublease,
1272	1272	10 except as prescribed in this chapter.
1273	1273	11 Sec. 25. In order to enable the authority to lease a capital
1274	1274	12 improvement or existing facility to a state agency under section 24
1275	1275	13 of this chapter, the governor may convey, transfer, or sell, with or
1276	1276	14 without consideration, real property (including the buildings,
1277	1277	15 structures, and improvements), title to which is held in the name of
1278	1278	16 the state, to the authority, without being required to advertise or
1279	1279	17 solicit bids or proposals, in order to accomplish the governmental
1280	1280	18 purposes of this chapter.
1281	1281	19 Sec. 26. If the authority enters into a lease with a capital
1282	1282	20 improvement board under section 9 of this chapter or a state
1283	1283	21 agency under section 24 of this chapter, which then enters into a
1284	1284	22 sublease with a capital improvement board under section 24(b) of
1285	1285	23 this chapter, and the rental payments owed by the capital
1286	1286	24 improvement board to the authority under the lease or to the state
1287	1287	25 agency under the sublease are payable from the taxes described in
1288	1288	26 section 23 of this chapter or from the taxes authorized under
1289	1289	27 IC 6-9-35, the budget director may choose the designee of the
1290	1290	28 capital improvement board, which shall receive and deposit the
1291	1291	29 revenues derived from such taxes. The designee shall hold the
1292	1292	30 revenues on behalf of the capital improvement board pursuant to
1293	1293	31 an agreement between the authority and the capital improvement
1294	1294	32 board or between a state agency and the capital improvement
1295	1295	33 board. The agreement shall provide for the application of the
1296	1296	34 revenues in a manner that does not adversely affect the validity of
1297	1297	35 the lease or the sublease, as applicable.
1298	1298	36 SECTION 28. IC 5-2-2 IS REPEALED [EFFECTIVE JULY 1,
1299	1299	37 2024]. (Law Enforcement Academy Building Commission).
1300	1300	38 SECTION 29. IC 5-10.3-7-2, AS AMENDED BY P.L.198-2016,
1301	1301	39 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1302	1302	40 JULY 1, 2024]: Sec. 2. The following employees may not be members
1303	1303	41 of the fund:
1304	1304	42 (1) Officials of a political subdivision elected by vote of the
1305	1305	2024 IN 1396—LS 6954/DI 144 31
1306	1306	1 people, unless the governing body specifically provides for the
1307	1307	2 participation of locally elected officials.
1308	1308	3 (2) Employees occupying positions normally requiring
1309	1309	4 performance of service of less than six hundred (600) hours
1310	1310	5 during a year who:
1311	1311	6 (A) were hired before July 1, 1982; or
1312	1312	7 (B) are employed by a participating school corporation.
1313	1313	8 (3) Independent contractors or officers or employees paid wholly
1314	1314	9 on a fee basis.
1315	1315	10 (4) Employees who occupy positions that are covered by other
1316	1316	11 pension or retirement funds or plans, maintained in whole or in
1317	1317	12 part by appropriations by the state or a political subdivision,
1318	1318	13 except:
1319	1319	14 (A) the federal Social Security program; and
1320	1320	15 (B) the prosecuting attorneys retirement fund established by
1321	1321	16 IC 33-39-7-9.
1322	1322	17 (5) Managers or employees of a license branch of the bureau of
1323	1323	18 motor vehicles commission, except those persons who may be
1324	1324	19 included as members under IC 9-14-10.
1325	1325	20 (6) (5) Employees, except employees of a participating school
1326	1326	21 corporation, hired after June 30, 1982, occupying positions
1327	1327	22 normally requiring performance of service of less than one
1328	1328	23 thousand (1,000) hours during a year.
1329	1329	24 (7) (6) Persons who:
1330	1330	25 (A) are employed by the state;
1331	1331	26 (B) have been classified as federal employees by the Secretary
1332	1332	27 of Agriculture of the United States; and
1333	1333	28 (C) are covered by the federal Social Security program as
1334	1334	29 federal employees under 42 U.S.C. 410.
1335	1335	30 SECTION 30. IC 5-13-10.5-19, AS AMENDED BY THE
1336	1336	31 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
1337	1337	32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1338	1338	33 JULY 1, 2024]: Sec. 19. (a) This section applies after July 1, 2025, if:
1339	1339	34 (1) the:
1340	1340	35 (A) capital improvement board of managers; and
1341	1341	36 (B) a professional sports franchise that is part of the National
1342	1342	37 Basketball Association;
1343	1343	38 enter into a new agreement of at least twenty-five (25) years
1344	1344	39 before April 20, 2019;
1345	1345	40 (2) the increase in the tax rate imposed under IC 6-6-9.7-7(e) by
1346	1346	41 the city-county council continues in effect through December 31,
1347	1347	42 2040;
1348	1348	2024 IN 1396—LS 6954/DI 144 32
1349	1349	1 (3) the increase in the tax rate imposed under IC 6-9-13-2(c) by
1350	1350	2 the city-county council continues in effect through December 31,
1351	1351	3 2040; and
1352	1352	4 (4) the tax rate in effect under IC 6-9-8-3 is ten percent (10%).
1353	1353	5 (b) As used in this section, "capital improvement board" refers to a
1354	1354	6 capital improvement board of managers established under IC 36-10-9.
1355	1355	7 (c) As used in this section, "restricted deposits" refers to any amount
1356	1356	8 deposited into an excess revenues account established under an
1357	1357	9 agreement described in IC 5-1-17-28. IC 5-1.2-17-26.
1358	1358	10 (d) For each state fiscal year beginning after June 30, 2025, and
1359	1359	11 ending before July 1, 2037, the state budget director shall, before
1360	1360	12 August 1, certify the amount of restricted deposits for the state fiscal
1361	1361	13 year to the treasurer of state.
1362	1362	14 (e) To qualify for an investment under this section, the capital
1363	1363	15 improvement board must submit a request to the treasurer of state in
1364	1364	16 the form and manner required by the treasurer of state. As part of the
1365	1365	17 request, the capital improvement board shall include the agreement
1366	1366	18 described in subsection (a)(1) and commit to repay the capital
1367	1367	19 improvement board's obligation to the treasurer of state from:
1368	1368	20 (1) all restricted deposits as restricted deposits are available to the
1369	1369	21 capital improvement board; and
1370	1370	22 (2) if, after the payment of all obligations owed by the capital
1371	1371	23 improvement board to the office of management and budget under
1372	1372	24 all subleases of capital improvements under IC 5-1-17-26,
1373	1373	25 IC 5-1.2-17-24, the restricted deposits are insufficient to fully
1374	1374	26 repay the capital improvement board's obligation to the treasurer
1375	1375	27 of state, each of the following, which shall be transferred to the
1376	1376	28 treasurer of state until, in each case, the capital improvement
1377	1377	29 board's obligation to the treasurer of state is fully paid:
1378	1378	30 (A) All county supplemental auto rental excise tax revenues
1379	1379	31 collected under IC 6-6-9.7-7(b) and IC 6-6-9.7-7(c).
1380	1380	32 (B) All county innkeeper's tax revenues collected under
1381	1381	33 IC 6-9-8-3(b) and IC 6-9-8-3(c).
1382	1382	34 (C) All county food and beverage tax revenues collected under
1383	1383	35 IC 6-9-12-5(a) and IC 6-9-12-5(b).
1384	1384	36 If the capital improvement board fails to pay all of its obligations to the
1385	1385	37 treasurer of state when due, the remaining amount owed shall be
1386	1386	38 withheld by the auditor of state comptroller from any money available
1387	1387	39 to the capital improvement board. The amount withheld shall be
1388	1388	40 transferred to the treasurer of state to the credit of the capital
1389	1389	41 improvement board.
1390	1390	42 (f) If the capital improvement board makes a request under
1391	1391	2024 IN 1396—LS 6954/DI 144 33
1392	1392	1 subsection (e), after review by the state budget committee, the treasurer
1393	1393	2 of state shall approve the request and enter into an agreement with the
1394	1394	3 capital improvement board under this section.
1395	1395	4 (g) After the capital improvement board and the treasurer of state
1396	1396	5 enter into an agreement under subsection (f), and after determining that
1397	1397	6 restricted deposits have been deposited as described in subsection (e),
1398	1398	7 the treasurer of state shall invest or reinvest funds from the state
1399	1399	8 general fund in obligations issued by the capital improvement board.
1400	1400	9 The terms of each investment and the capital improvement board's
1401	1401	10 obligation must include the following items:
1402	1402	11 (1) The duration of the agreement may begin not earlier than July
1403	1403	12 1, 2025, and terminate no later than July 1, 2037.
1404	1404	13 (2) Before September 1 of each state fiscal year of the agreement,
1405	1405	14 the treasurer of state shall invest or reinvest funds from the state
1406	1406	15 general fund in obligations issued by the capital improvement
1407	1407	16 board in amounts requested by the capital improvement board but
1408	1408	17 not to exceed the amount of restricted deposits certified by the
1409	1409	18 budget director for the state fiscal year to the capital improvement
1410	1410	19 board and the amount shall be included in the capital
1411	1411	20 improvement board's obligation under this section.
1412	1412	21 (3) In no event may the amount invested or reinvested under
1413	1413	22 subdivision (2) exceed the excess of the amount then on deposit
1414	1414	23 in the excess revenues account described in subsection (c) over
1415	1415	24 the aggregate of any prior investments by the treasurer of state,
1416	1416	25 including any accrued and unpaid interest on the prior
1417	1417	26 investments by the treasurer of state, but not including the
1418	1418	27 principal amount on any prior investments that have been repaid
1419	1419	28 by the capital improvement board.
1420	1420	29 (4) The rate of interest shall be set by the treasurer of state, at a
1421	1421	30 rate then currently applicable to a United States Treasury note that
1422	1422	31 has payment terms that are substantially the same as the
1423	1423	32 obligation being issued by the capital improvement board.
1424	1424	33 (5) The capital improvement board shall pay its total obligation,
1425	1425	34 with interest, to the treasurer of state no later than June 30, 2040.
1426	1426	35 (h) The capital improvement board may issue obligations under this
1427	1427	36 section by adoption of a resolution and, as set forth in IC 5-1-14, may
1428	1428	37 use any source of revenue to satisfy the obligation to the treasurer of
1429	1429	38 state under this section. This section constitutes complete authority for
1430	1430	39 the capital improvement board to issue obligations to the treasurer of
1431	1431	40 state.
1432	1432	41 (i) The capital improvement board's obligations to the treasurer of
1433	1433	42 state entered into under this section shall not be considered debt for
1434	1434	2024 IN 1396—LS 6954/DI 144 34
1435	1435	1 purposes of IC 36-1-15.
1436	1436	2 (j) This section expires on the later of:
1437	1437	3 (1) July 1, 2041; or
1438	1438	4 (2) the date on which all obligations owed by the capital
1439	1439	5 improvement board to the treasurer of state under this section are
1440	1440	6 paid in full.
1441	1441	7 SECTION 31. IC 5-28-15-13, AS AMENDED BY P.L.146-2018,
1442	1442	8 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1443	1443	9 JULY 1, 2024]: Sec. 13. (a) There is established in each enterprise
1444	1444	10 zone an urban enterprise association (U.E.A.). The twelve (12) ten (10)
1445	1445	11 members of the U.E.A. shall be chosen as follows:
1446	1446	12 (1) The governor shall appoint the following:
1447	1447	13 (A) One (1) state legislator whose district includes all or part
1448	1448	14 of the enterprise zone.
1449	1449	15 (B) One (1) representative of the corporation, who is not a
1450	1450	16 voting member of the U.E.A.
1451	1451	17 (2) (1) The executive of the municipality in which the zone is
1452	1452	18 located shall appoint the following:
1453	1453	19 (A) One (1) representative of the plan commission having
1454	1454	20 jurisdiction over the zone, if any exists.
1455	1455	21 (B) One (1) representative of the municipality's department
1456	1456	22 that performs planning or economic development functions.
1457	1457	23 (C) Two (2) representatives of businesses located in the zone,
1458	1458	24 one (1) of whom shall be from a manufacturing concern, if any
1459	1459	25 exists in the zone.
1460	1460	26 (D) One (1) resident of the zone.
1461	1461	27 (E) One (1) representative of organized labor from the
1462	1462	28 building trades that represent construction workers.
1463	1463	29 (3) (2) The legislative body of the municipality in which the zone
1464	1464	30 is located shall appoint, by majority vote, the following:
1465	1465	31 (A) One (1) member of the municipality's legislative body
1466	1466	32 whose district includes all or part of the zone.
1467	1467	33 (B) One (1) representative of a business located in the zone.
1468	1468	34 (C) Two (2) residents of the zone, who must not be members
1469	1469	35 of the same political party.
1470	1470	36 (b) Members of the U.E.A. serve four (4) year terms. The appointing
1471	1471	37 authority shall fill any vacancy for the balance of the vacated term.
1472	1472	38 (c) Members may be dismissed only by the appointing authority and
1473	1473	39 only for just cause.
1474	1474	40 (d) The members shall elect a chairperson, a vice chairperson, and
1475	1475	41 a secretary by majority vote. This election shall be held every two (2)
1476	1476	42 years in the same month as the first meeting or whenever a vacancy
1477	1477	2024 IN 1396—LS 6954/DI 144 35
1478	1478	1 occurs. The U.E.A. shall meet at least once every three (3) months. The
1479	1479	2 secretary shall notify members of meetings at least two (2) weeks in
1480	1480	3 advance of meetings. The secretary shall provide a list of members to
1481	1481	4 each member and shall notify members of any changes in membership.
1482	1482	5 SECTION 32. IC 6-1.1-10-21, AS AMENDED BY P.L.192-2021,
1483	1483	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1484	1484	7 JULY 1, 2024]: Sec. 21. (a) The following tangible property is exempt
1485	1485	8 from property taxation if it is owned by, or held in trust for the use of,
1486	1486	9 a church or religious society:
1487	1487	10 (1) A building that is used for religious worship.
1488	1488	11 (2) The pews and furniture contained within a building that is
1489	1489	12 used for religious worship.
1490	1490	13 (3) The tract of land upon which a building that is used for
1491	1491	14 religious worship is situated.
1492	1492	15 (b) The following tangible property is exempt from property
1493	1493	16 taxation if it is owned by, or held in trust for the use of, a church or
1494	1494	17 religious society:
1495	1495	18 (1) A building that is used as a parsonage.
1496	1496	19 (2) The tract of land, not exceeding fifteen (15) acres, upon which
1497	1497	20 a building that is used as a parsonage is situated.
1498	1498	21 (c) To obtain an exemption for parsonages, a church or religious
1499	1499	22 society must provide the county assessor with an affidavit at the time
1500	1500	23 the church or religious society applies for the exemptions. The affidavit
1501	1501	24 must state that:
1502	1502	25 (1) all parsonages are being used to house one (1) of the church's
1503	1503	26 or religious society's rabbis, priests, preachers, ministers, or
1504	1504	27 pastors; and
1505	1505	28 (2) none of the parsonages are being used to make a profit.
1506	1506	29 The affidavit shall be signed under oath by the church's or religious
1507	1507	30 society's head rabbi, priest, preacher, minister, or pastor.
1508	1508	31 (d) Property referred to in this section shall be assessed to the extent
1509	1509	32 required under IC 6-1.1-11-9.
1510	1510	33 (e) This subsection applies to transactions occurring after December
1511	1511	34 31, 2021. The sales disclosure form required under IC 6-1.1-5.5-5 shall
1512	1512	35 include an attestation that property transferred under this subsection
1513	1513	36 will continue to be used by a church or religious society for the same
1514	1514	37 tax exempt purpose. A county assessor that reasonably suspects that the
1515	1515	38 property transferred is no longer being used by a church or religious
1516	1516	39 society for the same tax exempt purpose may request articles of
1517	1517	40 incorporation or bylaws to confirm the attestation. The request for
1518	1518	41 articles of incorporation or bylaws to confirm the attestation must:
1519	1519	42 (1) be made in writing; and
1520	1520	2024 IN 1396—LS 6954/DI 144 36
1521	1521	1 (2) include a written explanation of the assessor's reasonable
1522	1522	2 suspicion describing why the assessor believes that the property
1523	1523	3 transferred is no longer being used by the church or religious
1524	1524	4 society for the same tax exempt purpose.
1525	1525	5 Notwithstanding IC 6-1.1-11-4(e), IC 6-1.1-11-4(d), when exempt
1526	1526	6 property owned by a church or religious society, as described in
1527	1527	7 subsection (a), is transferred to another church or religious society to
1528	1528	8 be used for the same exempt purpose, the transferee church or religious
1529	1529	9 society is not required to file a certified exemption application with the
1530	1530	10 county assessor of the county in which the property that is the subject
1531	1531	11 of the exemption is located. If the property remains eligible for the
1532	1532	12 exemption under this section after the transfer, the exempt status of the
1533	1533	13 property carries over to the transferee church or religious society.
1534	1534	14 SECTION 33. IC 6-1.1-11-4, AS AMENDED BY P.L.174-2022,
1535	1535	15 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1536	1536	16 JULY 1, 2024]: Sec. 4. (a) The exemption application referred to in
1537	1537	17 section 3 of this chapter is not required if the exempt property is owned
1538	1538	18 by the United States, the state, an agency of this state, or a political
1539	1539	19 subdivision (as defined in IC 36-1-2-13). However, this subsection
1540	1540	20 applies only when the property is used, and in the case of real property
1541	1541	21 occupied, by the owner.
1542	1542	22 (b) The exemption application referred to in section 3 of this chapter
1543	1543	23 is not required if the exempt property is a cemetery:
1544	1544	24 (1) described by IC 6-1.1-2-7; or
1545	1545	25 (2) maintained by a township executive under IC 23-14-68.
1546	1546	26 (c) The exemption application referred to in section 3 of this chapter
1547	1547	27 is not required if the exempt property is owned by the bureau of motor
1548	1548	28 vehicles commission established under IC 9-14-9.
1549	1549	29 (d) (c) The exemption application referred to in section 3 or 3.5 of
1550	1550	30 this chapter is not required if:
1551	1551	31 (1) the exempt property is:
1552	1552	32 (A) tangible property used for religious purposes described in
1553	1553	33 IC 6-1.1-10-21;
1554	1554	34 (B) tangible property owned by a church or religious society
1555	1555	35 used for educational purposes described in IC 6-1.1-10-16;
1556	1556	36 (C) other tangible property owned, occupied, and used by a
1557	1557	37 person for educational, literary, scientific, religious, or
1558	1558	38 charitable purposes described in IC 6-1.1-10-16; or
1559	1559	39 (D) other tangible property owned by a fraternity or sorority
1560	1560	40 (as defined in IC 6-1.1-10-24);
1561	1561	41 (2) the exemption application referred to in section 3 or 3.5 of this
1562	1562	42 chapter was filed properly at least once for a religious use under
1563	1563	2024 IN 1396—LS 6954/DI 144 37
1564	1564	1 IC 6-1.1-10-21, an educational, literary, scientific, religious, or
1565	1565	2 charitable use under IC 6-1.1-10-16, or use by a fraternity or
1566	1566	3 sorority under IC 6-1.1-10-24; and
1567	1567	4 (3) the property continues to meet the requirements for an
1568	1568	5 exemption under IC 6-1.1-10-16, IC 6-1.1-10-21, or
1569	1569	6 IC 6-1.1-10-24.
1570	1570	7 (e) (d) If, after an assessment date, an exempt property is transferred
1571	1571	8 or its use is changed resulting in its ineligibility for an exemption under
1572	1572	9 IC 6-1.1-10, the county assessor shall terminate the exemption for the
1573	1573	10 next assessment date. However, if the property remains eligible for an
1574	1574	11 exemption under IC 6-1.1-10 following the transfer or change in use,
1575	1575	12 the exemption shall be left in place for that assessment date. For the
1576	1576	13 following assessment date, the person that obtained the exemption or
1577	1577	14 the current owner of the property, as applicable, shall, under section 3
1578	1578	15 of this chapter and except as provided in this section, file a certified
1579	1579	16 application in duplicate with the county assessor of the county in which
1580	1580	17 the property that is the subject of the exemption is located. In all cases,
1581	1581	18 the person that obtained the exemption or the current owner of the
1582	1582	19 property shall notify the county assessor for the county where the
1583	1583	20 tangible property is located of the change in ownership or use in the
1584	1584	21 year that the change occurs. The notice must be in the form prescribed
1585	1585	22 by the department of local government finance.
1586	1586	23 (f) (e) If the county assessor discovers that title to or use of property
1587	1587	24 granted an exemption under IC 6-1.1-10 has changed, the county
1588	1588	25 assessor shall notify the persons entitled to a tax statement under
1589	1589	26 IC 6-1.1-22-8.1 for the property of the change in title or use and
1590	1590	27 indicate that the county auditor will suspend the exemption for the
1591	1591	28 property until the persons provide the county assessor with an affidavit,
1592	1592	29 signed under penalties of perjury, that identifies the new owners or use
1593	1593	30 of the property and indicates whether the property continues to meet
1594	1594	31 the requirements for an exemption under IC 6-1.1-10. Upon receipt of
1595	1595	32 the affidavit, the county assessor shall reinstate the exemption under
1596	1596	33 IC 6-1.1-15-12.1. However, a claim under IC 6-1.1-26-1.1 for a refund
1597	1597	34 of all or a part of a tax installment paid and any correction of error
1598	1598	35 under IC 6-1.1-15-12.1 must be filed not later than three (3) years after
1599	1599	36 the taxes are first due.
1600	1600	37 (g) (f) This section shall not be construed to limit the authority of
1601	1601	38 the county property tax assessment board of appeals to review the
1602	1602	39 ongoing eligibility of a property for an exemption. A county property
1603	1603	40 tax assessment board of appeals shall disapprove an exemption
1604	1604	41 application in any year following the initial approval of the application
1605	1605	42 if the property is not eligible for an exemption.
1606	1606	2024 IN 1396—LS 6954/DI 144 38
1607	1607	1 SECTION 34. IC 6-1.1-35.7-4, AS AMENDED BY P.L.174-2022,
1608	1608	2 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1609	1609	3 JULY 1, 2024]: Sec. 4. (a) A township assessor, a county assessor, an
1610	1610	4 employee of the township assessor or county assessor, or an appraiser:
1611	1611	5 (1) must be competent to perform a particular assessment;
1612	1612	6 (2) must acquire the necessary competency to perform the
1613	1613	7 assessment; or
1614	1614	8 (3) shall contract with an appraiser who demonstrates competency
1615	1615	9 to do the assessment.
1616	1616	10 (b) If a taxpayer has reason to believe that the township assessor, the
1617	1617	11 county assessor, an employee of the township assessor or county
1618	1618	12 assessor, or an appraiser has violated subsection (a) or section 3 of this
1619	1619	13 chapter, the taxpayer may submit a written complaint to the
1620	1620	14 department. The department shall respond in writing to the complaint
1621	1621	15 within thirty (30) days.
1622	1622	16 (c) The department may not review a written complaint submitted
1623	1623	17 under subsection (b) if the complaint is related to a matter that is under
1624	1624	18 appeal.
1625	1625	19 (d) The department may revoke the certification of a township
1626	1626	20 assessor, a county assessor, an employee of the township assessor or
1627	1627	21 county assessor, or an appraiser under 50 IAC 15 for gross
1628	1628	22 incompetence in the performance of an assessment.
1629	1629	23 (e) An individual whose certification is revoked by the department
1630	1630	24 under subsection (d) may appeal the department's decision to the
1631	1631	25 certification appeal board established under subsection (f). A decision
1632	1632	26 of the certification appeal board may be appealed to the tax court in the
1633	1633	27 same manner that a final determination of the department may be
1634	1634	28 appealed under IC 33-26.
1635	1635	29 (f) The certification appeal board is established for the sole purpose
1636	1636	30 of conducting appeals under this section. The board consists of the
1637	1637	31 following seven (7) members:
1638	1638	32 (1) Two (2) representatives of the department appointed by the
1639	1639	33 commissioner of the department.
1640	1640	34 (2) Two (2) individuals appointed by the governor. The
1641	1641	35 individuals must be township or county assessors.
1642	1642	36 (3) Two (2) individuals appointed by the governor. The
1643	1643	37 individuals must be licensed appraisers.
1644	1644	38 (4) One (1) individual appointed by the governor. The individual
1645	1645	39 must be a resident of Indiana.
1646	1646	40 The commissioner of the department shall designate a member
1647	1647	41 appointed under subdivision (1) as the chairperson of the board. Not
1648	1648	42 more than four (4) members of the board may be members of the same
1649	1649	2024 IN 1396—LS 6954/DI 144 39
1650	1650	1 political party. Each member of the board serves at the pleasure of the
1651	1651	2 appointing authority.
1652	1652	3 (g) The certification appeal board shall meet as often as is necessary
1653	1653	4 to properly perform its duties. Each member of the board is entitled to
1654	1654	5 the following:
1655	1655	6 (1) The salary per diem provided under IC 4-10-11-2.1(b).
1656	1656	7 (2) Reimbursement for traveling expenses as provided under
1657	1657	8 IC 4-13-1-4.
1658	1658	9 (3) Other expenses actually incurred in connection with the
1659	1659	10 member's duties as provided in the state policies and procedures
1660	1660	11 established by the Indiana department of administration and
1661	1661	12 approved by the budget agency.
1662	1662	13 (f) An individual who wishes to appeal under subsection (e) shall
1663	1663	14 submit an appeal to the department. The department shall
1664	1664	15 transmit the appeal to the office of administrative law proceedings,
1665	1665	16 which shall conduct the appeal under IC 4-15-10.5-12. A decision
1666	1666	17 of the office of administrative law proceedings may be appealed to
1667	1667	18 the tax court in the same manner that a final determination of the
1668	1668	19 department may be appealed under IC 33-26.
1669	1669	20 SECTION 35. IC 6-6-9.7-7, AS AMENDED BY P.L.156-2020,
1670	1670	21 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1671	1671	22 JULY 1, 2024]: Sec. 7. (a) The city-county council of a county that
1672	1672	23 contains a consolidated city may adopt an ordinance to impose an
1673	1673	24 excise tax, known as the county supplemental auto rental excise tax,
1674	1674	25 upon the rental of passenger motor vehicles and trucks in the county for
1675	1675	26 periods of less than thirty (30) days. The ordinance must specify that
1676	1676	27 the tax expires December 31, 2027.
1677	1677	28 (b) Except as provided in subsections (c) and (f), the county
1678	1678	29 supplemental auto rental excise tax that may be imposed upon the
1679	1679	30 rental of a passenger motor vehicle or truck equals two percent (2%) of
1680	1680	31 the gross retail income received by the retail merchant for the rental.
1681	1681	32 (c) On or before June 30, 2005, the city-county council may, by
1682	1682	33 ordinance adopted by a majority of the members elected to the
1683	1683	34 city-county council, increase the tax imposed under subsection (a) from
1684	1684	35 two percent (2%) to four percent (4%). The ordinance must specify
1685	1685	36 that:
1686	1686	37 (1) if on December 31, 2027, there are obligations owed by the
1687	1687	38 capital improvement board of managers to the Indiana stadium
1688	1688	39 and convention building authority or any state agency under
1689	1689	40 IC 5-1-17-26 (before its repeal), the original two percent (2%)
1690	1690	41 rate imposed under subsection (a) continues to be levied after its
1691	1691	42 original expiration date set forth in subsection (a) and through
1692	1692	2024 IN 1396—LS 6954/DI 144 40
1693	1693	1 December 31, 2040; and
1694	1694	2 (2) the additional rate authorized under this subsection expires on:
1695	1695	3 (A) January 1, 2041;
1696	1696	4 (B) January 1, 2010, if on that date there are no obligations
1697	1697	5 owed by the capital improvement board of managers to the
1698	1698	6 Indiana stadium and convention building authority or to any
1699	1699	7 state agency under IC 5-1-17-26 (before its repeal); or
1700	1700	8 (C) October 1, 2005, if on that date there are no obligations
1701	1701	9 owed by the capital improvement board of managers to the
1702	1702	10 Indiana stadium and convention building authority or to any
1703	1703	11 state agency under a lease or a sublease of an existing capital
1704	1704	12 improvement entered into under IC 5-1-17 (before its repeal),
1705	1705	13 unless waived by the budget director.
1706	1706	14 (d) The amount collected from that portion of county supplemental
1707	1707	15 auto rental excise tax imposed under:
1708	1708	16 (1) subsection (b) and collected after December 31, 2027;
1709	1709	17 (2) subsection (c); and
1710	1710	18 (3) subsection (f);
1711	1711	19 shall, in the manner provided by section 11 of this chapter, be
1712	1712	20 distributed to the capital improvement board of managers operating in
1713	1713	21 a consolidated city or its designee. So long as there are any current or
1714	1714	22 future obligations owed by the capital improvement board of managers
1715	1715	23 to the Indiana stadium and convention building finance authority
1716	1716	24 created by IC 5-1-17 under IC 5-1.2-17 or any state agency pursuant
1717	1717	25 to a lease or other agreement entered into between the capital
1718	1718	26 improvement board of managers and the Indiana stadium and
1719	1719	27 convention building finance authority or any state agency under
1720	1720	28 IC 5-1-17-26, IC 5-1.2-17-24, the capital improvement board of
1721	1721	29 managers or its designee shall deposit the revenues received under this
1722	1722	30 subsection in a special fund, which may be used only for the payment
1723	1723	31 of the obligations described in this subsection.
1724	1724	32 (e) After January 1, 2013, and before March 1, 2013, the city-county
1725	1725	33 council may, by ordinance adopted by a majority of the members
1726	1726	34 elected to the city-county council, increase the tax rate imposed under
1727	1727	35 subsection (a) by not more than two percent (2%). The amount
1728	1728	36 collected from an increase adopted under this subsection shall be
1729	1729	37 deposited in the sports and convention facilities operating fund
1730	1730	38 established by IC 36-7-31-16. An increase in the tax rate under this
1731	1731	39 subsection continues in effect unless the increase is rescinded.
1732	1732	40 However, any increase in the tax rate under this subsection may not
1733	1733	41 continue in effect after December 31, 2040.
1734	1734	42 (f) The county supplemental auto rental excise tax does not apply to
1735	1735	2024 IN 1396—LS 6954/DI 144 41
1736	1736	1 the sharing of passenger motor vehicles or trucks through a peer to peer
1737	1737	2 vehicle sharing program (as defined in IC 24-4-9.2-4) in the county
1738	1738	3 unless the city-county council adopts an ordinance, by a majority of the
1739	1739	4 members elected to the city-county council, to impose the tax as
1740	1740	5 provided in this section. The city-county council may adopt an
1741	1741	6 ordinance to impose the county supplemental auto rental excise tax on
1742	1742	7 the sharing of passenger motor vehicles or trucks registered in the
1743	1743	8 county for purposes of IC 6-6-5 through a peer to peer vehicle sharing
1744	1744	9 program. The amount of the tax is equal to:
1745	1745	10 (1) the gross retail income received by the peer to peer vehicle
1746	1746	11 sharing program (as defined in IC 24-4-9.2-4) for the sharing of
1747	1747	12 the passenger motor vehicle or truck; multiplied by
1748	1748	13 (2) one percent (1%).
1749	1749	14 The ordinance must specify that the ordinance expires December 31,
1750	1750	15 2027.
1751	1751	16 (g) If a city-county council adopts an ordinance under subsection
1752	1752	17 (a), (c), (e), or (f), the city-county council shall immediately send a
1753	1753	18 certified copy of the ordinance to the commissioner of the department
1754	1754	19 of state revenue.
1755	1755	20 (h) If a city-county council adopts an ordinance under subsection
1756	1756	21 (a), (c), (e), or (f) on or before the fifteenth day of a month, the county
1757	1757	22 supplemental auto rental excise tax applies to auto rentals after the last
1758	1758	23 day of the month in which the ordinance is adopted. If the city-county
1759	1759	24 council adopts an ordinance under subsection (a), (c), (e), or (f) after
1760	1760	25 the fifteenth day of a month, the county supplemental auto rental excise
1761	1761	26 tax applies to auto rentals after the last day of the month following the
1762	1762	27 month in which the ordinance is adopted.
1763	1763	28 SECTION 36. IC 6-9-8-3, AS AMENDED BY P.L.109-2019,
1764	1764	29 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1765	1765	30 JULY 1, 2024]: Sec. 3. (a) The tax imposed by section 2 of this chapter
1766	1766	31 shall be at the rate of:
1767	1767	32 (1) before January 1, 2028, five percent (5%) on the gross income
1768	1768	33 derived from lodging income only, plus an additional one percent
1769	1769	34 (1%) if the fiscal body adopts an ordinance under subsection (b),
1770	1770	35 plus an additional three percent (3%) if the fiscal body adopts an
1771	1771	36 ordinance under subsection (d);
1772	1772	37 (2) after December 31, 2027, and before January 1, 2041, five
1773	1773	38 percent (5%), plus an additional one percent (1%) if the fiscal
1774	1774	39 body adopts an ordinance under subsection (b), plus an additional
1775	1775	40 three percent (3%) if the fiscal body adopts an ordinance under
1776	1776	41 subsection (d); and
1777	1777	42 (3) after December 31, 2040, five percent (5%).
1778	1778	2024 IN 1396—LS 6954/DI 144 42
1779	1779	1 (b) In any year subsequent to the initial year in which a tax is
1780	1780	2 imposed under section 2 of this chapter, the fiscal body may, by
1781	1781	3 ordinance adopted by at least two-thirds (2/3) of the members elected
1782	1782	4 to the fiscal body, increase the tax imposed by section 2 of this chapter
1783	1783	5 from five percent (5%) to six percent (6%). The ordinance must specify
1784	1784	6 that the increase in the tax authorized under this subsection expires
1785	1785	7 December 31, 2040.
1786	1786	8 (c) The amount collected from an increase adopted under subsection
1787	1787	9 (b) shall be transferred to the capital improvement board of managers
1788	1788	10 established by IC 36-10-9-3. The board shall deposit the revenues
1789	1789	11 received under this subsection in a special fund. Money in the special
1790	1790	12 fund may be used only for the payment of obligations incurred to
1791	1791	13 expand a convention center, including:
1792	1792	14 (1) principal and interest on bonds issued to finance or refinance
1793	1793	15 the expansion of a convention center; and
1794	1794	16 (2) lease agreements entered into to expand a convention center.
1795	1795	17 (d) On or before June 30, 2005, the fiscal body may, by ordinance
1796	1796	18 adopted by a majority of the members elected to the fiscal body,
1797	1797	19 increase the tax imposed by section 2 of this chapter by an additional
1798	1798	20 three percent (3%) to a total rate of eight percent (8%) (or nine percent
1799	1799	21 (9%) if the fiscal body has adopted an ordinance under subsection (b)
1800	1800	22 and that rate remains in effect). The ordinance must specify that the
1801	1801	23 increase in the tax authorized under this subsection expires on:
1802	1802	24 (1) January 1, 2041;
1803	1803	25 (2) January 1, 2010, if on that date there are no obligations owed
1804	1804	26 by the capital improvement board of managers to the authority
1805	1805	27 created by IC 5-1-17 (before its repeal) or to any state agency
1806	1806	28 under IC 5-1-17-26 (before its repeal); or
1807	1807	29 (3) October 1, 2005, if on that date there are no obligations owed
1808	1808	30 by the capital improvement board of managers to the Indiana
1809	1809	31 stadium and convention building authority or to any state agency
1810	1810	32 under a lease or a sublease of an existing capital improvement
1811	1811	33 entered into under IC 5-1-17 (before its repeal), unless waived
1812	1812	34 by the budget director.
1813	1813	35 If the fiscal body adopts an ordinance under this subsection, it shall
1814	1814	36 immediately send a certified copy of the ordinance to the commissioner
1815	1815	37 of the department of state revenue, and the increase in the tax imposed
1816	1816	38 under this chapter applies to transactions that occur after June 30,
1817	1817	39 2005.
1818	1818	40 (e) Before September 1, 2009, the fiscal body may, by ordinance
1819	1819	41 adopted by a majority of the members elected to the fiscal body,
1820	1820	42 increase the tax rate under this chapter by not more than one percent
1821	1821	2024 IN 1396—LS 6954/DI 144 43
1822	1822	1 (1%). If the fiscal body adopts an ordinance under this subsection:
1823	1823	2 (1) it shall immediately send a certified copy of the ordinance to
1824	1824	3 the commissioner of the department of state revenue; and
1825	1825	4 (2) the tax applies to transactions after the last day of the month
1826	1826	5 in which the ordinance is adopted, if the city-county council
1827	1827	6 adopts the ordinance on or before the fifteenth day of a month. If
1828	1828	7 the city-county council adopts the ordinance after the fifteenth
1829	1829	8 day of a month, the tax applies to transactions after the last day of
1830	1830	9 the month following the month in which the ordinance is adopted.
1831	1831	10 The increase in the tax imposed under this subsection continues in
1832	1832	11 effect unless the increase is rescinded.
1833	1833	12 (f) The amount collected from an increase adopted under:
1834	1834	13 (1) subsection (b) and collected after December 31, 2027; and
1835	1835	14 (2) subsection (d);
1836	1836	15 shall be transferred to the capital improvement board of managers
1837	1837	16 established by IC 36-10-9-3 or its designee. So long as there are any
1838	1838	17 current or future obligations owed by the capital improvement board of
1839	1839	18 managers to the Indiana stadium and convention building finance
1840	1840	19 authority created by IC 5-1-17 under IC 5-1.2-17 or any state agency
1841	1841	20 pursuant to a lease or other agreement entered into between the capital
1842	1842	21 improvement board of managers and the Indiana stadium and
1843	1843	22 convention building finance authority or any state agency pursuant to
1844	1844	23 IC 5-1-17-26, IC 5-1.2-17-24, the capital improvement board of
1845	1845	24 managers or its designee shall deposit the revenues received under this
1846	1846	25 subsection in a special fund, which may be used only for the payment
1847	1847	26 of the obligations described in this subsection.
1848	1848	27 (g) The amount collected from an increase adopted under subsection
1849	1849	28 (e) shall be deposited in the sports and convention facilities operating
1850	1850	29 fund established by IC 36-7-31-16.
1851	1851	30 SECTION 37. IC 6-9-12-5, AS AMENDED BY P.L.214-2005,
1852	1852	31 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1853	1853	32 JULY 1, 2024]: Sec. 5. (a) Subject to subsection (b), the county food
1854	1854	33 and beverage tax imposed on a food or beverage transaction described
1855	1855	34 in section 3 of this chapter equals one percent (1%) of the gross retail
1856	1856	35 income received by the retail merchant from the transaction. The tax
1857	1857	36 authorized under this subsection expires January 1, 2041.
1858	1858	37 (b) On or before June 30, 2005, the city-county council of a county
1859	1859	38 may, by a majority vote of the members elected to the city-county
1860	1860	39 council, adopt an ordinance that increases the tax imposed under this
1861	1861	40 chapter by an additional rate of one percent (1%) to a total rate of two
1862	1862	41 percent (2%). The ordinance must specify that the increase in the tax
1863	1863	42 authorized under this subsection expires on:
1864	1864	2024 IN 1396—LS 6954/DI 144 44
1865	1865	1 (1) January 1, 2041;
1866	1866	2 (2) January 1, 2010, if on that date there are no obligations owed
1867	1867	3 by the capital improvement board of managers to the authority
1868	1868	4 created by IC 5-1-17 (before its repeal) or to any state agency
1869	1869	5 under IC 5-1-17-26 (before its repeal); or
1870	1870	6 (3) October 1, 2005, if on that date there are no obligations owed
1871	1871	7 by the capital improvement board of managers to the Indiana
1872	1872	8 stadium and convention building authority or to any state agency
1873	1873	9 under a lease or a sublease of an existing capital improvement
1874	1874	10 entered into under IC 5-1-17 (before its repeal), unless waived
1875	1875	11 by the budget director.
1876	1876	12 If a city-county council adopts an ordinance under this subsection, it
1877	1877	13 shall immediately send a certified copy of the ordinance to the
1878	1878	14 commissioner of the department of state revenue, and the increase in
1879	1879	15 the tax imposed under this chapter applies to transactions that occur
1880	1880	16 after June 30, 2005.
1881	1881	17 (c) For purposes of this chapter, the gross retail income received by
1882	1882	18 the retail merchant from a transaction that is subject to the tax imposed
1883	1883	19 by this chapter does not include the amount of tax imposed on the
1884	1884	20 transaction under IC 6-2.5.
1885	1885	21 SECTION 38. IC 6-9-12-8, AS AMENDED BY THE TECHNICAL
1886	1886	22 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
1887	1887	23 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
1888	1888	24 Sec. 8. The amounts received from the county food and beverage tax
1889	1889	25 shall be paid monthly by the treasurer of the state to the treasurer of the
1890	1890	26 capital improvement board of managers of the county or its designee
1891	1891	27 upon warrants issued by the auditor of state comptroller. So long as
1892	1892	28 there are any current or future obligations owed by the capital
1893	1893	29 improvement board of managers to the Indiana stadium and convention
1894	1894	30 building finance authority created by IC 5-1-17 under IC 5-1.2-17 or
1895	1895	31 any state agency pursuant to a lease or other agreement entered into
1896	1896	32 between the capital improvement board of managers and the Indiana
1897	1897	33 stadium and convention building finance authority or any state agency
1898	1898	34 under IC 5-1-17-26, IC 5-1.2-17-24, the capital improvement board of
1899	1899	35 managers or its designee shall deposit the revenues received from that
1900	1900	36 portion of the county food and beverage tax imposed under:
1901	1901	37 (1) section 5(a) of this chapter for revenue received after
1902	1902	38 December 31, 2027; and
1903	1903	39 (2) section 5(b) of this chapter;
1904	1904	40 in a special fund, which may be used only for the payment of the
1905	1905	41 obligations described in this section.
1906	1906	42 SECTION 39. IC 6-9-13-1, AS AMENDED BY P.L.109-2019,
1907	1907	2024 IN 1396—LS 6954/DI 144 45
1908	1908	1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1909	1909	2 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), the
1910	1910	3 city-county council of a county that contains a consolidated first class
1911	1911	4 city may adopt an ordinance to impose an excise tax, known as the
1912	1912	5 county admissions tax, for the privilege of attending, before January 1,
1913	1913	6 2041, any event and, after December 31, 2040, any professional
1914	1914	7 sporting event:
1915	1915	8 (1) held in a facility financed in whole or in part by:
1916	1916	9 (A) bonds or notes issued under IC 18-4-17 (before its repeal
1917	1917	10 on September 1, 1981), IC 36-10-9, or IC 36-10-9.1; or
1918	1918	11 (B) a lease or other agreement under IC 5-1-17 IC 5-1.2-17 or
1919	1919	12 IC 36-7-31.5; and
1920	1920	13 (2) to which tickets are offered for sale to the public by:
1921	1921	14 (A) the box office of the facility; or
1922	1922	15 (B) an authorized agent of the facility.
1923	1923	16 (b) The excise tax imposed under subsection (a) does not apply to
1924	1924	17 the following:
1925	1925	18 (1) An event sponsored by an educational institution or an
1926	1926	19 association representing an educational institution.
1927	1927	20 (2) An event sponsored by a religious organization.
1928	1928	21 (3) An event sponsored by an organization that is considered a
1929	1929	22 charitable organization by the Internal Revenue Service for
1930	1930	23 federal tax purposes.
1931	1931	24 (4) An event sponsored by a political organization.
1932	1932	25 (c) If a city-county council adopts an ordinance under subsection
1933	1933	26 (a), it shall immediately send a certified copy of the ordinance to the
1934	1934	27 commissioner of the department of state revenue.
1935	1935	28 (d) If a city-county council adopts an ordinance under subsection (a)
1936	1936	29 or section 2 of this chapter prior to June 1, the county admissions tax
1937	1937	30 applies to admission charges collected after June 30 of the year in
1938	1938	31 which the ordinance is adopted. If the city-county council adopts an
1939	1939	32 ordinance under subsection (a) or section 2 of this chapter on or after
1940	1940	33 June 1, the county admissions tax applies to admission charges
1941	1941	34 collected after the last day of the month in which the ordinance is
1942	1942	35 adopted.
1943	1943	36 SECTION 40. IC 6-9-13-2, AS AMENDED BY P.L.109-2019,
1944	1944	37 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1945	1945	38 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), the
1946	1946	39 county admissions tax equals five percent (5%) of the price for
1947	1947	40 admission to any event described in section 1 of this chapter.
1948	1948	41 (b) On or before June 30, 2005, the city-county council may, by
1949	1949	42 ordinance adopted by a majority of the members elected to the
1950	1950	2024 IN 1396—LS 6954/DI 144 46
1951	1951	1 city-county council, increase the county admissions tax from five
1952	1952	2 percent (5%) to six percent (6%) of the price for admission to any event
1953	1953	3 described in section 1 of this chapter.
1954	1954	4 (c) After January 1, 2013, and before March 1, 2013, the city-county
1955	1955	5 council may, by ordinance adopted by a majority of the members
1956	1956	6 elected to the city-county council, increase the county admissions tax
1957	1957	7 rate by not more than four percent (4%) of the price for admission to
1958	1958	8 any event described in section 1 of this chapter. If the city-county
1959	1959	9 council adopts an ordinance under this subsection:
1960	1960	10 (1) the city-county council shall immediately send a certified copy
1961	1961	11 of the ordinance to the commissioner of the department of state
1962	1962	12 revenue; and
1963	1963	13 (2) the tax applies to transactions after the last day of the month
1964	1964	14 in which the ordinance is adopted, if the city-county council
1965	1965	15 adopts the ordinance on or before the fifteenth day of a month. If
1966	1966	16 the city-county council adopts the ordinance after the fifteenth
1967	1967	17 day of a month, the tax applies to transactions after the last day of
1968	1968	18 the month following the month in which the ordinance is adopted.
1969	1969	19 The increase in the tax imposed under this subsection continues in
1970	1970	20 effect unless the increase is rescinded. However, any increase in the tax
1971	1971	21 rate under this subsection may not continue in effect after December
1972	1972	22 31, 2040.
1973	1973	23 (d) The amount collected from that portion of the county admissions
1974	1974	24 tax imposed under:
1975	1975	25 (1) subsection (a) and collected after December 31, 2027; and
1976	1976	26 (2) subsection (b);
1977	1977	27 shall be distributed to the capital improvement board of managers or its
1978	1978	28 designee. So long as there are any current or future obligations owed
1979	1979	29 by the capital improvement board of managers to the Indiana stadium
1980	1980	30 and convention building finance authority created by IC 5-1-17 under
1981	1981	31 IC 5-1.2-17 or any state agency pursuant to a lease or other agreement
1982	1982	32 entered into between the capital improvement board of managers and
1983	1983	33 the Indiana stadium and convention building finance authority or any
1984	1984	34 state agency under IC 5-1-17-26, IC 5-1.2-17-24, the capital
1985	1985	35 improvement board of managers or its designee shall deposit the
1986	1986	36 revenues received from that portion of the county admissions tax
1987	1987	37 imposed under subsection (b) in a special fund, which may be used
1988	1988	38 only for the payment of the obligations described in this subsection.
1989	1989	39 (e) The amount collected from an increase adopted under subsection
1990	1990	40 (c) shall be deposited in the sports and convention facilities operating
1991	1991	41 fund established by IC 36-7-31-16.
1992	1992	42 SECTION 41. IC 6-9-35-3, AS ADDED BY P.L.214-2005,
1993	1993	2024 IN 1396—LS 6954/DI 144 47
1994	1994	1 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1995	1995	2 JULY 1, 2024]: Sec. 3. As used in this chapter, "authority" refers to the
1996	1996	3 Indiana stadium and convention building finance authority. created by
1997	1997	4 IC 5-1-17.
1998	1998	5 SECTION 42. IC 6-9-35-5, AS ADDED BY P.L.214-2005,
1999	1999	6 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2000	2000	7 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsection (d), the
2001	2001	8 fiscal body of a county may adopt an ordinance not later than June 30,
2002	2002	9 2005, to impose an excise tax, known as the food and beverage tax, on
2003	2003	10 those transactions described in sections 8 and 9 of this chapter that
2004	2004	11 occur anywhere within the county.
2005	2005	12 (b) Except as provided in subsection (d), if the county in which the
2006	2006	13 municipality is located has adopted an ordinance imposing an excise
2007	2007	14 tax under subsection (a), the fiscal body of a municipality may adopt
2008	2008	15 an ordinance not later than September 30, 2005, to impose an excise
2009	2009	16 tax, known as the food and beverage tax, on those transactions
2010	2010	17 described in sections 8 and 9 of this chapter that occur anywhere within
2011	2011	18 the municipality.
2012	2012	19 (c) The rate of the tax imposed under this chapter equals one percent
2013	2013	20 (1%) of the gross retail income on the transaction. With respect to an
2014	2014	21 excise tax in the municipalities set forth in IC 6-9-27-1(1)
2015	2015	22 (Mooresville), IC 6-9-27-1(3) (Plainfield), IC 6-9-27-1(4)
2016	2016	23 (Brownsburg), IC 6-9-27-1(5) (Avon), and IC 6-9-27-1(6)
2017	2017	24 (Martinsville), the excise tax imposed by the county is in addition to
2018	2018	25 the food and beverage tax imposed by those municipalities. With
2019	2019	26 respect to an excise tax imposed by a county under subsection (a), the
2020	2020	27 excise tax imposed by a municipality under subsection (b) is in
2021	2021	28 addition to the food and beverage tax imposed by the county in which
2022	2022	29 the municipality is located. For purposes of this chapter, the gross retail
2023	2023	30 income received by the retail merchant from such a transaction does
2024	2024	31 not include the amount of tax imposed on the transaction under
2025	2025	32 IC 6-2.5, IC 6-9-27, or this chapter.
2026	2026	33 (d) If the Marion County city-county council does not adopt all the
2027	2027	34 ordinances required to be adopted by it under IC 5-1-17-25 (repealed)
2028	2028	35 on or before June 30, 2005, the counties and municipalities described
2029	2029	36 in section 1 of this chapter are no longer subject to the provisions of
2030	2030	37 this chapter. In that event, the fiscal body of the county or municipality
2031	2031	38 may not adopt an ordinance to impose the excise tax authorized by this
2032	2032	39 chapter, and any ordinance adopted by the fiscal body under subsection
2033	2033	40 (a) or (b) is no longer effective.
2034	2034	41 SECTION 43. IC 6-9-35-12, AS AMENDED BY THE
2035	2035	42 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
2036	2036	2024 IN 1396—LS 6954/DI 144 48
2037	2037	1 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2038	2038	2 JULY 1, 2024]: Sec. 12. (a) As long as there are any current or future
2039	2039	3 obligations owed by the capital improvement board to the authority or
2040	2040	4 any state agency under a lease or other agreement entered into between
2041	2041	5 the capital improvement board and the authority or any state agency
2042	2042	6 pursuant to IC 5-1-17-26, IC 5-1.2-17-24, fifty percent (50%) of the
2043	2043	7 amounts received from the taxes imposed under this chapter by
2044	2044	8 counties shall be paid monthly by the county treasurer, if the tax is
2045	2045	9 being paid to the county treasurer, to the treasurer of state. This amount
2046	2046	10 plus fifty percent (50%) of the amounts received by the state from the
2047	2047	11 taxes imposed under this chapter by counties shall be paid monthly by
2048	2048	12 the treasurer of state to the treasurer of the capital improvement board
2049	2049	13 or its designee upon warrants issued by the auditor of state
2050	2050	14 comptroller. The remainder that is received by the state shall be paid
2051	2051	15 monthly by the treasurer of state to the county fiscal officer upon
2052	2052	16 warrants issued by the auditor of state comptroller. In any state fiscal
2053	2053	17 year, if the total amount of the taxes imposed under this chapter by all
2054	2054	18 the counties and paid to the treasurer of the capital improvement board
2055	2055	19 or its designee under this subsection equals five million dollars
2056	2056	20 ($5,000,000), the entire remainder of the taxes imposed by a county
2057	2057	21 under this chapter during that state fiscal year shall be retained by the
2058	2058	22 county treasurer or paid by the treasurer of state to the fiscal officer of
2059	2059	23 the county, upon warrants issued by the auditor of state comptroller.
2060	2060	24 (b) If there are then existing no obligations of the capital
2061	2061	25 improvement board described in subsection (a), the entire amount
2062	2062	26 received from the taxes imposed by a county under this chapter shall
2063	2063	27 be paid monthly by the treasurer of state to the county fiscal officer
2064	2064	28 upon warrants issued by the auditor of state comptroller.
2065	2065	29 (c) The entire amount of the taxes paid to the treasurer of the capital
2066	2066	30 improvement board or its designee under subsection (a) shall be
2067	2067	31 deposited in a special fund and used only for the payment or to secure
2068	2068	32 the payment of obligations of the capital improvement board described
2069	2069	33 in subsection (a). If the taxes are not used for the payment or to secure
2070	2070	34 the payment of obligations of the capital improvement board described
2071	2071	35 in subsection (a), the taxes shall be returned by the capital
2072	2072	36 improvement board to the treasurer of state who shall return the taxes
2073	2073	37 to the respective counties that contributed the taxes.
2074	2074	38 (d) The entire amount received from the taxes imposed by a
2075	2075	39 municipality under this chapter shall be paid monthly by the treasurer
2076	2076	40 of state to the municipality's fiscal officer upon warrants issued by the
2077	2077	41 auditor of state comptroller.
2078	2078	42 SECTION 44. IC 8-9.5-9-2, AS AMENDED BY P.L.189-2018,
2079	2079	2024 IN 1396—LS 6954/DI 144 49
2080	2080	1 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2081	2081	2 JULY 1, 2024]: Sec. 2. As used in this chapter, "authority" means:
2082	2082	3 (1) an authority or agency established under IC 8-1-2.2 or
2083	2083	4 IC 8-9.5 through IC 8-23;
2084	2084	5 (2) when acting under a referenced statute (as defined in
2085	2085	6 IC 5-1.2-2), the Indiana finance authority established by
2086	2086	7 IC 5-1.2-3;
2087	2087	8 (3) only in connection with a program established under
2088	2088	9 IC 5-1.2-10, the bank established under IC 5-1.5;
2089	2089	10 (4) a fund or program established under IC 5-1.2-10;
2090	2090	11 (5) the Indiana housing and community development authority
2091	2091	12 established by IC 5-20-1; or
2092	2092	13 (6) the authority established under IC 5-1.2-3. or
2093	2093	14 (7) the authority established under IC 5-1-17.
2094	2094	15 SECTION 45. IC 8-10-9-6 IS AMENDED TO READ AS
2095	2095	16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The district shall
2096	2096	17 be governed by a board of directors consisting of seven (7) five (5)
2097	2097	18 members, four (4) of whom are appointed by the executive of the city
2098	2098	19 in which the district is formed, two (2) of whom are appointed by the
2099	2099	20 governor, and one (1) of whom is appointed by the legislative body of
2100	2100	21 the city in which the district is formed.
2101	2101	22 (b) Members of the board serve terms of three (3) years. A member's
2102	2102	23 term may be extended by any partial term to which the member was
2103	2103	24 appointed to fill a vacancy.
2104	2104	25 (c) Five (5) Three (3) members of the board of directors must be
2105	2105	26 qualified electors of the city in which the district is formed. Two (2)
2106	2106	27 members need not be residents of the city in which the district is
2107	2107	28 formed but shall be representatives of property owners of land that
2108	2108	29 borders waterways within the district. One (1) of the two (2) members
2109	2109	30 shall be among the members appointed by the mayor. and one (1) shall
2110	2110	31 be among the members appointed by the governor.
2111	2111	32 (d) The appointing authority shall fill all vacancies of members
2112	2112	33 appointed by that authority.
2113	2113	34 SECTION 46. IC 8-16-15.5-3, AS ADDED BY P.L.185-2018,
2114	2114	35 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2115	2115	36 JULY 1, 2024]: Sec. 3. (a) The bridge authority shall be composed of
2116	2116	37 the following five (5) individuals:
2117	2117	38 (1) Three (3) members appointed by the governor, fiscal body (as
2118	2118	39 defined in IC 36-1-2-6) of Posey County, no more than two (2)
2119	2119	40 of whom may be from the same political party.
2120	2120	41 (2) One (1) member appointed by the appropriate county
2121	2121	42 executive of Posey County.
2122	2122	2024 IN 1396—LS 6954/DI 144 50
2123	2123	1 (3) One (1) member appointed by the appropriate town executive
2124	2124	2 of New Harmony.
2125	2125	3 (b) Except as provided in subsection (c), all members must be
2126	2126	4 residents of Posey County and at least eighteen (18) years of age.
2127	2127	5 (c) If the bridge authority:
2128	2128	6 (1) forms a joint authority between:
2129	2129	7 (A) the state and Illinois; or
2130	2130	8 (B) the state and an Illinois entity; or
2131	2131	9 (2) enters into an agreement with an Illinois entity to jointly act in
2132	2132	10 implementing this chapter;
2133	2133	11 the bridge authority may determine the membership and term of office
2134	2134	12 for any bridge authority member representing Illinois or an Illinois
2135	2135	13 entity.
2136	2136	14 (d) Each bridge authority member, before beginning the member's
2137	2137	15 duties, shall execute a bond payable to the state. The bond must:
2138	2138	16 (1) be in the sum of fifteen thousand dollars ($15,000);
2139	2139	17 (2) be conditioned upon the member's faithful performance of the
2140	2140	18 duties of the member's office; and
2141	2141	19 (3) account for all monies and property that may come into the
2142	2142	20 member's possession or under the member's control.
2143	2143	21 The cost of the bond shall be paid by the bridge authority.
2144	2144	22 (e) If a member ceases to be qualified under this section, the
2145	2145	23 member forfeits the member's office.
2146	2146	24 (f) Bridge authority members are not entitled to salaries but may
2147	2147	25 seek reimbursement for expenses incurred in the performance of their
2148	2148	26 duties.
2149	2149	27 SECTION 47. IC 9-18.5-26-3, AS AMENDED BY P.L.256-2017,
2150	2150	28 SECTION 147, IS AMENDED TO READ AS FOLLOWS
2151	2151	29 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The fee for a Lewis and Clark
2152	2152	30 expedition license plate is twenty-five dollars ($25).
2153	2153	31 (b) The fee described in subsection (a) shall be collected by the
2154	2154	32 bureau and deposited in the Lewis and Clark expedition state general
2155	2155	33 fund. established by section 4 of this chapter.
2156	2156	34 SECTION 48. IC 9-18.5-26-4 IS REPEALED [EFFECTIVE JULY
2157	2157	35 1, 2024]. Sec. 4. (a) The Lewis and Clark expedition fund is
2158	2158	36 established.
2159	2159	37 (b) The treasurer of state shall invest the money in the fund not
2160	2160	38 currently needed to meet the obligations of the fund in the same
2161	2161	39 manner as other public funds are invested. Interest that accrues from
2162	2162	40 these investments shall be deposited in the fund. Money in the fund is
2163	2163	41 continuously appropriated for the purposes of this section.
2164	2164	42 (c) The bureau shall administer the fund. Expenses of administering
2165	2165	2024 IN 1396—LS 6954/DI 144 51
2166	2166	1 the fund shall be paid from money in the fund.
2167	2167	2 (d) The bureau shall distribute at least one (1) time each month the
2168	2168	3 money from the fund to the Lewis and Clark expedition commission
2169	2169	4 established by IC 14-20-15.
2170	2170	5 (e) Money in the fund at the end of a state fiscal year does not revert
2171	2171	6 to the state general fund.
2172	2172	7 SECTION 49. IC 9-18.5-28-5, AS ADDED BY P.L.198-2016,
2173	2173	8 SECTION 327, IS AMENDED TO READ AS FOLLOWS
2174	2174	9 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The capital projects fund is
2175	2175	10 established.
2176	2176	11 (b) The treasurer of state shall invest the money in the capital
2177	2177	12 projects fund not currently needed to meet the obligations of the capital
2178	2178	13 projects fund in the same manner as other public funds are invested.
2179	2179	14 Money in the fund is continuously appropriated for the purposes of this
2180	2180	15 section.
2181	2181	16 (c) The budget director shall administer the capital projects fund.
2182	2182	17 Expenses of administering the capital projects fund shall be paid from
2183	2183	18 money in the capital projects fund.
2184	2184	19 (d) On:
2185	2185	20 (1) June 30 of every year; or
2186	2186	21 (2) any other date designated by the budget director;
2187	2187	22 an amount designated by the budget director shall be transferred from
2188	2188	23 the fund to the state general fund, a capital improvement board of
2189	2189	24 managers created by IC 36-10-9, or the designee chosen by the budget
2190	2190	25 director under IC 5-1-17-28. IC 5-1.2-17-26.
2191	2191	26 (e) Money in the fund at the end of a state fiscal year does not revert
2192	2192	27 to the state general fund.
2193	2193	28 SECTION 50. IC 13-25-1-6, AS AMENDED BY P.L.68-2016,
2194	2194	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2195	2195	30 JULY 1, 2024]: Sec. 6. (a) The commission shall do the following:
2196	2196	31 (1) Encourage and support the development of emergency
2197	2197	32 planning efforts to provide:
2198	2198	33 (A) state government entities;
2199	2199	34 (B) local governments; and
2200	2200	35 (C) the public;
2201	2201	36 with information concerning potential chemical hazards in
2202	2202	37 Indiana.
2203	2203	38 (2) Assist the state in complying with the requirements of SARA.
2204	2204	39 (3) Design and supervise the operation of emergency planning
2205	2205	40 districts in Indiana.
2206	2206	41 (4) Gather and distribute information needed for effective
2207	2207	42 emergency response planning.
2208	2208	2024 IN 1396—LS 6954/DI 144 52
2209	2209	1 (5) Appoint the members of the local emergency planning
2210	2210	2 committee of each emergency planning district.
2211	2211	3 (6) Perform the following duties assigned to the hazard
2212	2212	4 mitigation council under Executive Order 17-02:
2213	2213	5 (A) Assist in the development, maintenance, and
2214	2214	6 implementation of a state hazard mitigation plan.
2215	2215	7 (B) Assist in the development, maintenance, and
2216	2216	8 implementation of guidance and informational materials
2217	2217	9 to support hazard mitigation efforts of local and state
2218	2218	10 government and private entities.
2219	2219	11 (C) Solicit, review, and identify hazard mitigation projects
2220	2220	12 for funding under Section 404 of the Robert T. Stafford
2221	2221	13 Disaster Relief and Emergency Assistance Act (P.L.
2222	2222	14 93-288), as amended, and Sections 553 and 554 of the
2223	2223	15 National Floor Insurance Reform Act (P.L. 103-325).
2224	2224	16 (D) Foster and promote, where appropriate, hazard
2225	2225	17 mitigation principles and practices within local and state
2226	2226	18 government and the general public.
2227	2227	19 (b) A local emergency planning committee shall do the following:
2228	2228	20 (1) Satisfy the requirements of SARA.
2229	2229	21 (2) Prepare and submit a roster of committee members to the
2230	2230	22 commission at least one (1) time each year.
2231	2231	23 (3) Meet at least two (2) times, on separate days, every six (6)
2232	2232	24 months.
2233	2233	25 (4) Each year, prepare and submit a report to the commission that
2234	2234	26 describes the expenditures of the local emergency planning
2235	2235	27 committee in the preceding year that were paid for with the
2236	2236	28 money distributed under IC 13-25-2-10.6.
2237	2237	29 (c) A local emergency planning committee member may appoint a
2238	2238	30 designee to act on the committee member's behalf under this chapter.
2239	2239	31 An appointment under this subsection must:
2240	2240	32 (1) be in writing;
2241	2241	33 (2) specify the duration of the appointment; and
2242	2242	34 (3) be submitted to the committee at least two (2) calendar days
2243	2243	35 before the first meeting that the designee attends on behalf of the
2244	2244	36 member.
2245	2245	37 (d) For purposes of Article 2, Section 9 of the Constitution of the
2246	2246	38 State of Indiana, membership on a local emergency planning committee
2247	2247	39 is not a lucrative office.
2248	2248	40 (e) The members of a local emergency planning committee shall
2249	2249	41 elect officers of the local emergency planning committee from among
2250	2250	42 its members.
2251	2251	2024 IN 1396—LS 6954/DI 144 53
2252	2252	1 (f) The commission may appoint the number of members of a local
2253	2253	2 emergency planning committee that the commission considers
2254	2254	3 appropriate. The members of a local emergency planning committee
2255	2255	4 must include representatives of each of the following:
2256	2256	5 (1) State and local officials.
2257	2257	6 (2) Law enforcement, emergency management, firefighting,
2258	2258	7 emergency medical services, health, local environmental,
2259	2259	8 hospital, and transportation personnel.
2260	2260	9 (3) Broadcast and print media.
2261	2261	10 (4) Community groups.
2262	2262	11 (5) Owners and operators of facilities subject to IC 13-25-2-10.
2263	2263	12 (g) The commission may revise its appointment of members of a
2264	2264	13 local emergency planning committee under subsection (a)(5).
2265	2265	14 Interested persons, including a county executive, may petition the
2266	2266	15 commission to modify the membership of a local emergency planning
2267	2267	16 committee.
2268	2268	17 (h) A local emergency planning committee is a county board of the
2269	2269	18 county identified in one (1) of the following:
2270	2270	19 (1) If the emergency planning district of the local emergency
2271	2271	20 planning committee is wholly within the boundaries of one (1)
2272	2272	21 county, the local emergency planning committee is a county board
2273	2273	22 of the county in which the emergency planning district is located.
2274	2274	23 (2) If the emergency planning district of the local emergency
2275	2275	24 planning committee includes more than one (1) county, the local
2276	2276	25 emergency planning committee is a county board of only one (1)
2277	2277	26 of the counties, and the county of which the local emergency
2278	2278	27 planning committee is a county board must be determined by
2279	2279	28 agreement of the counties included in the emergency planning
2280	2280	29 district.
2281	2281	30 (i) The commission may not establish an emergency planning
2282	2282	31 district that includes more than one (1) county unless all the counties
2283	2283	32 to be included in the emergency planning district have agreed which of
2284	2284	33 the counties will be the county of which the local emergency planning
2285	2285	34 committee will be a county board under subsection (h)(2).
2286	2286	35 SECTION 51. IC 13-26-4-4 IS REPEALED [EFFECTIVE JULY 1,
2287	2287	36 2024]. Sec. 4. (a) If:
2288	2288	37 (1) a district will include territory in more than one (1) county;
2289	2289	38 (2) a county executive has filed a petition for a district including
2290	2290	39 territory owned, leased, or controlled by the department of natural
2291	2291	40 resources; or
2292	2292	41 (3) the department of natural resources has filed a petition;
2293	2293	42 the order establishing the district may provide that the governor
2294	2294	2024 IN 1396—LS 6954/DI 144 54
2295	2295	1 appoints any number of trustees, but less than one-half (1/2) of the
2296	2296	2 total.
2297	2297	3 (b) If a district contains or a proposed district will contain a state
2298	2298	4 correctional facility, the department, when:
2299	2299	5 (1) issuing an order establishing the district under IC 13-26-2-10;
2300	2300	6 or
2301	2301	7 (2) approving or modifying a petition filed by the district's board
2302	2302	8 of trustees under IC 13-26-1-2;
2303	2303	9 may allow for the appointment of one (1) member of the board of
2304	2304	10 trustees of the district by the commissioner of the department of
2305	2305	11 correction.
2306	2306	12 SECTION 52. IC 13-26-4-6, AS AMENDED BY P.L.181-2018,
2307	2307	13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2308	2308	14 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsection (b)(5), an
2309	2309	15 appointed trustee does not have to be a resident of the district.
2310	2310	16 (b) An appointed trustee must:
2311	2311	17 (1) own real property within the district;
2312	2312	18 (2) be a trustee appointed under section 4 or 5 of this chapter;
2313	2313	19 (3) be an elected official who represents a political subdivision
2314	2314	20 that has territory in the district;
2315	2315	21 (4) be a ratepayer of the district; or
2316	2316	22 (5) with respect to a district in which a majority of ratepayers and
2317	2317	23 property owners are not individuals, be an individual who is
2318	2318	24 registered to vote at an address that is located in the district.
2319	2319	25 SECTION 53. IC 14-8-2-61 IS REPEALED [EFFECTIVE JULY 1,
2320	2320	26 2024]. Sec. 61. "Council", for purposes of IC 14-21-1, has the meaning
2321	2321	27 set forth in IC 14-21-1-5.
2322	2322	28 SECTION 54. IC 14-9-6 IS REPEALED [EFFECTIVE JULY 1,
2323	2323	29 2024]. (Advisory Council).
2324	2324	30 SECTION 55. IC 14-10-1-1, AS AMENDED BY P.L.78-2019,
2325	2325	31 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2326	2326	32 JULY 1, 2024]: Sec. 1. The natural resources commission is
2327	2327	33 established. The commission consists of twelve (12) eleven (11)
2328	2328	34 members as follows:
2329	2329	35 (1) The commissioner of the Indiana department of transportation
2330	2330	36 or the commissioner's designee.
2331	2331	37 (2) The commissioner of the department of environmental
2332	2332	38 management or the commissioner's designated deputy.
2333	2333	39 (3) The director of the office of tourism development or the
2334	2334	40 director's designee (before July 1, 2020) or the director of the
2335	2335	41 Indiana destination development corporation or the director's
2336	2336	42 designee (after June 30, 2020).
2337	2337	2024 IN 1396—LS 6954/DI 144 55
2338	2338	1 (4) The director of the department.
2339	2339	2 (5) The chairperson of the advisory council established by
2340	2340	3 IC 14-9-6-1.
2341	2341	4 (6) (5) The president of the Indiana academy of science or the
2342	2342	5 president's designee.
2343	2343	6 (7) (6) Six (6) citizen members appointed by the governor, at least
2344	2344	7 two (2) of whom must have knowledge, experience, or education
2345	2345	8 in the environment or in natural resource conservation. Not more
2346	2346	9 than three (3) citizen members may be of the same political party.
2347	2347	10 SECTION 56. IC 14-13-2-7, AS AMENDED BY P.L.104-2022,
2348	2348	11 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2349	2349	12 JULY 1, 2024]: Sec. 7. (a) This section applies before January 1,
2350	2350	13 2025.
2351	2351	14 (b) The commission has:
2352	2352	15 (1) before July 1, 2012, five (5) members appointed by the
2353	2353	16 governor; and
2354	2354	17 (2) after June 30, 2012, nine (9) members appointed by the
2355	2355	18 governor; and
2356	2356	19 (3) after December 31, 2024, nine (9) members appointed
2357	2357	20 under section 7.5 of this chapter.
2358	2358	21 (b) (c) The following requirements apply to the governor's
2359	2359	22 appointments under subsection (a)(1): (b)(1):
2360	2360	23 (1) One (1) member must be a representative of the department of
2361	2361	24 natural resources. The member may not be an employee or elected
2362	2362	25 official of a city, town, or county governmental unit.
2363	2363	26 (2) The remaining four (4) members must meet the following
2364	2364	27 requirements:
2365	2365	28 (A) Four (4) members must reside in a:
2366	2366	29 (i) city;
2367	2367	30 (ii) town; or
2368	2368	31 (iii) township (if the member resides in an unincorporated
2369	2369	32 area of the county);
2370	2370	33 that borders the Little Calumet River.
2371	2371	34 (B) At least three (3) of the members must have a background
2372	2372	35 in:
2373	2373	36 (i) construction;
2374	2374	37 (ii) project management; or
2375	2375	38 (iii) flood control;
2376	2376	39 or a similar professional background.
2377	2377	40 (C) A member may not be an employee or elected official of
2378	2378	41 a city, town, or county governmental unit.
2379	2379	42 (c) (d) The following apply to the membership of the commission
2380	2380	2024 IN 1396—LS 6954/DI 144 56
2381	2381	1 after June 30, 2012:
2382	2382	2 (1) Before August 1, 2012, the governor shall appoint four (4)
2383	2383	3 additional members to the commission for four (4) year terms as
2384	2384	4 follows:
2385	2385	5 (A) One (1) member nominated by the mayor of the city of
2386	2386	6 Hammond.
2387	2387	7 (B) One (1) member nominated by the mayor of the city of
2388	2388	8 Gary.
2389	2389	9 (C) Two (2) members nominated by the board of county
2390	2390	10 commissioners of Lake County.
2391	2391	11 (2) Notwithstanding section 8 of this chapter, the term of the
2392	2392	12 member described in subsection (b)(1) (c)(1) expires January 7,
2393	2393	13 2013. The governor shall appoint one (1) member nominated by
2394	2394	14 the department of natural resources for a four (4) year term
2395	2395	15 beginning January 7, 2013.
2396	2396	16 (3) Notwithstanding section 8 of this chapter, the terms of the
2397	2397	17 members described in subsection (b)(2) (c)(2) expire January 1,
2398	2398	18 2014. The governor shall appoint for four (4) year terms
2399	2399	19 beginning January 1, 2014, four (4) members, each of whom must
2400	2400	20 have been nominated by the executive of a municipality located
2401	2401	21 in the watershed other than a city described in subdivision (1).
2402	2402	22 (4) A member appointed to succeed a member appointed under
2403	2403	23 subdivision (1) or (2) must be nominated by the nominating
2404	2404	24 authority that nominated the member's predecessor, and a member
2405	2405	25 appointed to succeed a member appointed under subdivision (3)
2406	2406	26 must be nominated by the executive of a municipality located in
2407	2407	27 the watershed other than a city described in subdivision (1).
2408	2408	28 (d) (e) The following apply to a member appointed under subsection
2409	2409	29 (c) (d) and to any member appointed to succeed a member appointed
2410	2410	30 under subsection (c): (d):
2411	2411	31 (1) After July 31, 2012, not more than five (5) members of the
2412	2412	32 commission may belong to the same political party.
2413	2413	33 (2) Each member must have a background in:
2414	2414	34 (A) construction;
2415	2415	35 (B) project management;
2416	2416	36 (C) flood control; or
2417	2417	37 (D) a similar professional background.
2418	2418	38 (3) A member may not be an employee or elected official of a
2419	2419	39 city, town, or county governmental unit.
2420	2420	40 (4) The members:
2421	2421	41 (A) appointed under subsection (c)(3); (d)(3); or
2422	2422	42 (B) appointed to succeed members appointed under subsection
2423	2423	2024 IN 1396—LS 6954/DI 144 57
2424	2424	1 (c)(3); (d)(3);
2425	2425	2 must be from different municipalities.
2426	2426	3 (5) Neither the two (2) members appointed under subsection
2427	2427	4 (c)(1)(C) (d)(1)(C) nor any two (2) members appointed to
2428	2428	5 succeed them may be from the same district created under
2429	2429	6 IC 36-2-2-4(b).
2430	2430	7 (f) This section expires July 1, 2025.
2431	2431	8 SECTION 57. IC 14-13-2-7.5 IS ADDED TO THE INDIANA
2432	2432	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
2433	2433	10 [EFFECTIVE JULY 1, 2024]: (a) This section applies after June 30,
2434	2434	11 2024.
2435	2435	12 (b) The terms of all members appointed under section 7(b)(2),
2436	2436	13 7(d), or 7(e) of this chapter expire December 31, 2024. This
2437	2437	14 subsection expires July 1, 2025.
2438	2438	15 (c) After December 31, 2024, the commission has nine (9)
2439	2439	16 members appointed as follows:
2440	2440	17 (1) One (1) member must be a representative of the
2441	2441	18 department of natural resources. The member may not be an
2442	2442	19 employee or elected official of a city, town, or county
2443	2443	20 governmental unit. The director of the department of natural
2444	2444	21 resources shall appoint a member under this subdivision.
2445	2445	22 (2) The mayor of the city of Hammond shall appoint one (1)
2446	2446	23 member.
2447	2447	24 (3) The mayor of the city of Gary shall appoint one (1)
2448	2448	25 member.
2449	2449	26 (4) The board of county commissioners of Lake County shall
2450	2450	27 appoint two (2) members.
2451	2451	28 (5) The board of county commissioners of Lake County shall
2452	2452	29 appoint two (2) members that have been nominated by the
2453	2453	30 executive of a municipality located in the watershed other
2454	2454	31 than:
2455	2455	32 (A) a city described in subdivisions (2) and (3); and
2456	2456	33 (B) a city from which a member was nominated under
2457	2457	34 subdivision (6).
2458	2458	35 (6) The board of county commissioners of Porter County shall
2459	2459	36 appoint two (2) members that have been nominated by the
2460	2460	37 executive of a municipality located in the watershed other
2461	2461	38 than:
2462	2462	39 (A) a city described in subdivisions (2) and (3); and
2463	2463	40 (B) a city from which a member was nominated under
2464	2464	41 subdivision (5).
2465	2465	42 (d) The following apply to a member appointed under
2466	2466	2024 IN 1396—LS 6954/DI 144 58
2467	2467	1 subsection (c):
2468	2468	2 (1) Not more than five (5) members of the commission may
2469	2469	3 belong to the same political party.
2470	2470	4 (2) Each member appointed under subsection (c):
2471	2471	5 (A) must have a background in:
2472	2472	6 (i) construction;
2473	2473	7 (ii) project management;
2474	2474	8 (iii) flood control; or
2475	2475	9 (iv) a similar professional background; and
2476	2476	10 (B) may not be an employee or elected official of a city,
2477	2477	11 town, or county governmental unit.
2478	2478	12 (3) The members appointed under subsection (c)(5) and (c)(6)
2479	2479	13 must be from different municipalities.
2480	2480	14 (4) Neither of the two (2) members appointed under
2481	2481	15 subsection (c)(4) may be from the same district created under
2482	2482	16 IC 36-2-2-4(b).
2483	2483	17 (e) A member appointed to succeed a member appointed under
2484	2484	18 subsection (c) must be nominated and appointed in the same
2485	2485	19 manner that the member's predecessor was nominated and
2486	2486	20 appointed under subsection (c).
2487	2487	21 SECTION 58. IC 14-13-5-4, AS AMENDED BY P.L.78-2019,
2488	2488	22 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2489	2489	23 JULY 1, 2024]: Sec. 4. The commission consists of the following
2490	2490	24 fifteen (15) members:
2491	2491	25 (1) Eight (8) Six (6) members who serve four (4) year terms as
2492	2492	26 follows:
2493	2493	27 (A) Two (2) residents of Jeffersonville appointed by the
2494	2494	28 executive of Jeffersonville.
2495	2495	29 (B) Two (2) residents of Clarksville appointed by the
2496	2496	30 executive of Clarksville.
2497	2497	31 (C) Two (2) residents of New Albany appointed by the
2498	2498	32 executive of New Albany.
2499	2499	33 (D) One (1) resident of Clark County appointed by the
2500	2500	34 governor.
2501	2501	35 (E) One (1) resident of Floyd County appointed by the
2502	2502	36 governor.
2503	2503	37 (2) The executive of Jeffersonville.
2504	2504	38 (3) The executive of New Albany.
2505	2505	39 (4) The president of the legislative body of Clarksville.
2506	2506	40 (5) The director of the office of tourism development or the
2507	2507	41 director's designee (before July 1, 2020) or the director of the
2508	2508	42 Indiana destination development corporation or the director's
2509	2509	2024 IN 1396—LS 6954/DI 144 59
2510	2510	1 designee (after June 30, 2020), who serves as a nonvoting
2511	2511	2 member.
2512	2512	3 (6) The director of the department or the director's designee, who
2513	2513	4 serves as a nonvoting member.
2514	2514	5 (7) The commissioner of the Indiana department of transportation
2515	2515	6 or the commissioner's designee, who serves as a nonvoting
2516	2516	7 member.
2517	2517	8 (8) The president of the Indiana economic development
2518	2518	9 corporation or the president's designee, who serves as a nonvoting
2519	2519	10 member.
2520	2520	11 SECTION 59. IC 14-20-15 IS REPEALED [EFFECTIVE JULY 1,
2521	2521	12 2024]. (Lewis and Clark Bicentennial Commission).
2522	2522	13 SECTION 60. IC 14-21-1-5 IS REPEALED [EFFECTIVE JULY 1,
2523	2523	14 2024]. Sec. 5. As used in this chapter, "council" refers to the advisory
2524	2524	15 council established by IC 14-9-6-1.
2525	2525	16 SECTION 61. IC 14-21-1-12 IS AMENDED TO READ AS
2526	2526	17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. The division shall
2527	2527	18 do the following:
2528	2528	19 (1) Develop a program of historical, architectural, and
2529	2529	20 archeological research and development, including continuing
2530	2530	21 surveys, excavations, scientific recording, interpretation, and
2531	2531	22 publication of the state's historical, architectural, and
2532	2532	23 archeological resources.
2533	2533	24 (2) Prepare a preservation plan for the state that establishes
2534	2534	25 planning guidelines to encourage the continuous maintenance and
2535	2535	26 integrity of historic sites and historic structures. However, the
2536	2536	27 plan is not effective until the plan has been
2537	2537	28 (A) presented to the council for review and comment; and
2538	2538	29 (B) approved by the review board after public hearing.
2539	2539	30 (3) Undertake the action necessary to qualify the state for
2540	2540	31 participation in sources of federal aid to further the purposes
2541	2541	32 stated in subdivisions (1) and (2).
2542	2542	33 (4) Provide information on historic sites and structures within
2543	2543	34 Indiana to federal, state, and local governmental agencies, private
2544	2544	35 individuals, and organizations.
2545	2545	36 (5) Advise and coordinate the activities of local historical
2546	2546	37 associations, historic district commissions, historic commissions,
2547	2547	38 and other interested groups or persons.
2548	2548	39 (6) Provide technical and financial assistance to local historical
2549	2549	40 associations, historic district commissions, historic commissions,
2550	2550	41 and other interested groups or persons.
2551	2551	42 (7) Review environmental impact statements as required by
2552	2552	2024 IN 1396—LS 6954/DI 144 60
2553	2553	1 federal and state law for actions significantly affecting historic
2554	2554	2 properties.
2555	2555	3 SECTION 62. IC 14-21-1-13, AS AMENDED BY P.L.2-2007,
2556	2556	4 SECTION 169, IS AMENDED TO READ AS FOLLOWS
2557	2557	5 [EFFECTIVE JULY 1, 2024]: Sec. 13. The division may do the
2558	2558	6 following:
2559	2559	7 (1) Recommend the purchase, lease, or gift of historic property of
2560	2560	8 archeological importance and make recommendations to the
2561	2561	9 director council, and commission regarding policies affecting the
2562	2562	10 operation and administration of these sites and structures by the
2563	2563	11 section of historic sites of the division of state museums and
2564	2564	12 historic sites.
2565	2565	13 (2) Prepare and review planning and research studies relating to
2566	2566	14 archeology.
2567	2567	15 (3) Conduct a program of education in archeology, either within
2568	2568	16 the division or in conjunction with a postsecondary educational
2569	2569	17 institution.
2570	2570	18 (4) Inspect and supervise an archeological field investigation
2571	2571	19 authorized by this chapter.
2572	2572	20 SECTION 63. IC 14-25-2-2.5, AS AMENDED BY P.L.3-2008,
2573	2573	21 SECTION 102, IS AMENDED TO READ AS FOLLOWS
2574	2574	22 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. (a) As used in this chapter,
2575	2575	23 "water utility" means:
2576	2576	24 (1) a public utility (as defined in IC 8-1-2-1(a));
2577	2577	25 (2) a municipally owned utility (as defined in IC 8-1-2-1(h));
2578	2578	26 (3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
2579	2579	27 (4) a cooperatively owned corporation;
2580	2580	28 (5) a conservancy district established under IC 14-33; or
2581	2581	29 (6) a regional water district established under IC 13-26;
2582	2582	30 that provides water service to the public.
2583	2583	31 (b) A person that seeks to contract with the commission for the
2584	2584	32 provision of certain minimum quantities of stream flow or the sale of
2585	2585	33 water on a unit pricing basis under section 2 of this chapter must
2586	2586	34 submit a request to the commission and the department. The
2587	2587	35 commission shall not make a determination as to whether to enter into
2588	2588	36 a contract with the person making the request until:
2589	2589	37 (1) the procedures set forth in this section have been followed;
2590	2590	38 and
2591	2591	39 (2) the commission has reviewed and considered each report
2592	2592	40 submitted to the commission under subsection (i).
2593	2593	41 (c) Not later than thirty (30) days after receiving a request under
2594	2594	42 subsection (b), the department shall provide, by certified mail, written
2595	2595	2024 IN 1396—LS 6954/DI 144 61
2596	2596	1 notice of the request to the following:
2597	2597	2 (1) Each person with whom the commission holds a contract for:
2598	2598	3 (A) the provision of certain minimum quantities of stream
2599	2599	4 flow; or
2600	2600	5 (B) the sale of water on a unit pricing basis;
2601	2601	6 as of the date of the request.
2602	2602	7 (2) The executive and legislative body of each:
2603	2603	8 (A) county;
2604	2604	9 (B) municipality, if any; and
2605	2605	10 (C) conservancy district established under IC 14-33, if any;
2606	2606	11 in which the water sought in the request would be used.
2607	2607	12 (3) The executive and legislative body of each:
2608	2608	13 (A) county;
2609	2609	14 (B) municipality, if any; and
2610	2610	15 (C) conservancy district established under IC 14-33, if any;
2611	2611	16 in which the affected reservoir is located.
2612	2612	17 (d) Not later than seven (7) days after receiving a notice from the
2613	2613	18 department under subsection (c), each person described in subsection
2614	2614	19 (c)(1) shall, by certified mail, provide written notice of the request to
2615	2615	20 each:
2616	2616	21 (1) water utility; or
2617	2617	22 (2) other person;
2618	2618	23 that contracts with the person described in subsection (c)(1) for the
2619	2619	24 purchase of water for resale. Each person to whom notice is mailed
2620	2620	25 under this subsection is in turn responsible for providing written notice
2621	2621	26 by certified mail to each water utility or other person that purchases
2622	2622	27 water from that person for resale. A water utility or another person
2623	2623	28 required to provide notice under this subsection shall mail the required
2624	2624	29 notice not later than seven (7) days after it receives notice of the
2625	2625	30 request from the water utility or other person from whom it purchases
2626	2626	31 water for resale.
2627	2627	32 (e) At the same time that:
2628	2628	33 (1) a person described in subsection (c)(1); or
2629	2629	34 (2) a water utility or another person described in subsection (d);
2630	2630	35 mails any notice required under subsection (d), it shall also mail to the
2631	2631	36 department, by certified mail, a list of the names and addresses of each
2632	2632	37 water utility or other person to whom it has mailed the notice under
2633	2633	38 subsection (d).
2634	2634	39 (f) In addition to the mailed notice required under subsection (c), the
2635	2635	40 department shall publish notice of the request, in accordance with
2636	2636	41 IC 5-3-1, in each county:
2637	2637	42 (1) in which a person described in section (c)(1) is located;
2638	2638	2024 IN 1396—LS 6954/DI 144 62
2639	2639	1 (2) in which the affected reservoir is located;
2640	2640	2 (3) in which the water sought in the request would be used; and
2641	2641	3 (4) in which a water utility or other person included in a list
2642	2642	4 received by the department under subsection (e) is located.
2643	2643	5 Notwithstanding IC 5-3-1-6, in each county in which publication is
2644	2644	6 required under this subsection, notice shall be published in at least one
2645	2645	7 (1) general circulation newspaper in the county. The department may,
2646	2646	8 in its discretion, publish public notices in a qualified publication (as
2647	2647	9 defined in IC 5-3-1-0.7) or additional newspapers to provide
2648	2648	10 supplementary notification to the public. The cost of publishing
2649	2649	11 supplementary notification is a proper expenditure of the department.
2650	2650	12 (g) A notice required to be mailed or published under this section
2651	2651	13 must:
2652	2652	14 (1) identify the person making the request;
2653	2653	15 (2) include a brief description of:
2654	2654	16 (A) the nature of the pending request; and
2655	2655	17 (B) the process by which the commission will determine
2656	2656	18 whether to enter into a contract with the person making the
2657	2657	19 request;
2658	2658	20 (3) set forth the date, time, and location of the public meeting
2659	2659	21 required under subsection (h); and
2660	2660	22 (4) in the case of a notice that is required to be mailed under
2661	2661	23 subsection (c)(1) or (d), a statement of the recipient's duty to in
2662	2662	24 turn provide notice to any:
2663	2663	25 (A) water utility; or
2664	2664	26 (B) other person;
2665	2665	27 that purchases water for resale from the recipient, in accordance
2666	2666	28 with subsection (d).
2667	2667	29 (h) The advisory council established by IC 14-9-6-1 department
2668	2668	30 shall hold a public meeting in each county in which notice is published
2669	2669	31 under subsection (f). A public meeting required under this subsection
2670	2670	32 must include the following:
2671	2671	33 (1) A presentation by the department describing:
2672	2672	34 (A) the nature of the pending request; and
2673	2673	35 (B) the process by which the commission will determine
2674	2674	36 whether to enter into a contract with the person making the
2675	2675	37 request.
2676	2676	38 (2) An opportunity for public comment on the pending request.
2677	2677	39 The advisory council department may appoint a hearing officer to
2678	2678	40 assist with a public meeting held under this subsection.
2679	2679	41 (i) Not later than thirty (30) days after a public meeting is held
2680	2680	42 under subsection (h), the advisory council department shall submit to
2681	2681	2024 IN 1396—LS 6954/DI 144 63
2682	2682	1 the commission a report summarizing the public meeting.
2683	2683	2 SECTION 64. IC 14-25-7-10, AS AMENDED BY P.L.127-2022,
2684	2684	3 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2685	2685	4 JULY 1, 2024]: Sec. 10. (a) The commission shall administer this
2686	2686	5 chapter.
2687	2687	6 (b) The deputy director for the bureau of resource management shall
2688	2688	7 serve as technical secretary to the commission. The deputy director
2689	2689	8 shall perform the duties that are required by this chapter or that the
2690	2690	9 commission directs.
2691	2691	10 (c) The advisory council established by IC 14-9-6-1 shall serve in
2692	2692	11 an advisory capacity to the commission with respect to the
2693	2693	12 implementation of the commission's powers and duties, including the
2694	2694	13 drafting of rules and development of inventories, assessments, and
2695	2695	14 plans.
2696	2696	15 (d) For the time that the advisory council is involved in the drafting
2697	2697	16 of rules, the membership of the council shall be augmented as follows:
2698	2698	17 (1) Two (2) members of the senate, not more than one (1) of
2699	2699	18 whom may be of the same political party, shall be appointed for
2700	2700	19 a term of two (2) years by the president pro tempore of the senate.
2701	2701	20 (2) Two (2) members of the house of representatives, not more
2702	2702	21 than one (1) of whom may be of the same political party, shall be
2703	2703	22 appointed for a term of two (2) years by the speaker of the house
2704	2704	23 of representatives.
2705	2705	24 These members are entitled to travel expenses and a per diem
2706	2706	25 allowance as determined by the budget agency for members of boards
2707	2707	26 and commissions generally.
2708	2708	27 (e) (c) The department shall provide professional, technical, and
2709	2709	28 clerical personnel, equipment, supplies, and support services
2710	2710	29 reasonably required to assist the commission in the exercise of the
2711	2711	30 commission's powers and duties under this chapter. The department
2712	2712	31 shall include money for this purpose in the regular operating budget
2713	2713	32 requests of the department.
2714	2714	33 SECTION 65. IC 14-25-7-12.5, AS ADDED BY P.L.189-2015,
2715	2715	34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2716	2716	35 JULY 1, 2024]: Sec. 12.5. (a) The department shall cooperate with the
2717	2717	36 United States Geological Survey to establish a program under which
2718	2718	37 volunteers may monitor the water resource and provide monitoring data
2719	2719	38 to the commission, the department, and the United States Geological
2720	2720	39 Survey. Data derived from the voluntary monitoring conducted under
2721	2721	40 the program may be:
2722	2722	41 (1) collected and disseminated by the commission under section
2723	2723	42 12(1) of this chapter; and
2724	2724	2024 IN 1396—LS 6954/DI 144 64
2725	2725	1 (2) used by the commission in conducting the continuing
2726	2726	2 assessment of the availability of the water resource under section
2727	2727	3 11(1) of this chapter.
2728	2728	4 (b) The department may cooperate with other local, state, and
2729	2729	5 federal governmental agencies in implementing this section.
2730	2730	6 (c) The commission, under IC 4-22-2 and section 10(a) of this
2731	2731	7 chapter, may adopt rules concerning the administration of this section.
2732	2732	8 Section 10(c) and 10(d) of this chapter does not apply to the adoption
2733	2733	9 of rules under this subsection.
2734	2734	10 SECTION 66. IC 14-26-2-24, AS ADDED BY P.L.6-2008,
2735	2735	11 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2736	2736	12 JULY 1, 2024]: Sec. 24. (a) Relying on recommendations of the
2737	2737	13 department, and the advisory council established by IC 14-9-6-1, the
2738	2738	14 commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
2739	2739	15 nonrule policy statement that lists the public freshwater lakes in
2740	2740	16 Indiana. For each public freshwater lake the statement must include the
2741	2741	17 following information:
2742	2742	18 (1) The name of the lake.
2743	2743	19 (2) The county and specific location within the county where the
2744	2744	20 lake is located.
2745	2745	21 (b) A person may obtain administrative review from the commission
2746	2746	22 for the listing or nonlisting of a lake as a public freshwater lake through
2747	2747	23 a licensure action, status determination, or enforcement action under
2748	2748	24 IC 4-21.5.
2749	2749	25 SECTION 67. IC 15-19-2 IS REPEALED [EFFECTIVE JULY 1,
2750	2750	26 2024]. (Indiana Standardbred Advisory Board).
2751	2751	27 SECTION 68. IC 16-41-42.2-5, AS AMENDED BY P.L.29-2016,
2752	2752	28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2753	2753	29 JULY 1, 2024]: Sec. 5. (a) The spinal cord and brain injury research
2754	2754	30 board is established for the purpose of administering the fund. The
2755	2755	31 board is composed of eleven (11) members.
2756	2756	32 (b) The following six (6) members of the board shall be appointed
2757	2757	33 by the governor: state health commissioner:
2758	2758	34 (1) One (1) member who has a spinal cord or head injury or who
2759	2759	35 has a family member with a spinal cord or head injury.
2760	2760	36 (2) One (1) member who is a physician licensed under IC 25-22.5
2761	2761	37 who has specialty training in neuroscience and surgery.
2762	2762	38 (3) One (1) member who is a physiatrist holding a board
2763	2763	39 certification from the American Board of Physical Medicine and
2764	2764	40 Rehabilitation.
2765	2765	41 (4) One (1) member representing the technical life sciences
2766	2766	42 industry.
2767	2767	2024 IN 1396—LS 6954/DI 144 65
2768	2768	1 (5) One (1) member who is a physical therapist licensed under
2769	2769	2 IC 25-27 who treats individuals with traumatic spinal cord
2770	2770	3 injuries or brain injuries.
2771	2771	4 (6) One (1) member who owns or operates a facility that provides
2772	2772	5 long term activity based therapy services at affordable rates to
2773	2773	6 individuals with traumatic spinal cord injuries or brain injuries.
2774	2774	7 (c) Five (5) members of the board shall be appointed as follows:
2775	2775	8 (1) One (1) member representing Indiana University to be
2776	2776	9 appointed by Indiana University.
2777	2777	10 (2) One (1) member representing Purdue University to be
2778	2778	11 appointed by Purdue University.
2779	2779	12 (3) One (1) member representing the National Spinal Cord Injury
2780	2780	13 Association to be appointed by the National Spinal Cord Injury
2781	2781	14 Association.
2782	2782	15 (4) One (1) member representing the largest freestanding
2783	2783	16 rehabilitation hospital for brain and spinal cord injuries in Indiana
2784	2784	17 to be appointed by the Rehabilitation Hospital of Indiana located
2785	2785	18 in Indianapolis.
2786	2786	19 (5) One (1) member representing the Brain Injury Association of
2787	2787	20 America to be appointed by the Brain Injury Association of
2788	2788	21 Indiana.
2789	2789	22 (d) The term of a member is four (4) years. A member serves until
2790	2790	23 a successor is appointed and qualified. If a vacancy occurs on the board
2791	2791	24 before the end of a member's term, the appointing authority appointing
2792	2792	25 the vacating member shall appoint an individual to serve the remainder
2793	2793	26 of the vacating member's term.
2794	2794	27 (e) A majority of the members appointed to the board constitutes a
2795	2795	28 quorum. The affirmative votes of a majority of the members are
2796	2796	29 required for the board to take action on any measure.
2797	2797	30 (f) Each member of the board is entitled to the minimum salary per
2798	2798	31 diem provided by IC 4-10-11-2.1(b). The member is also entitled to
2799	2799	32 reimbursement for traveling expenses as provided under IC 4-13-1-4
2800	2800	33 and other expenses actually incurred in connection with the member's
2801	2801	34 duties as provided in the state policies and procedures established by
2802	2802	35 the Indiana department of administration and approved by the budget
2803	2803	36 agency.
2804	2804	37 (g) The board shall annually elect a chairperson who shall be the
2805	2805	38 presiding officer of the board. The board may establish other officers
2806	2806	39 and procedures as the board determines necessary.
2807	2807	40 (h) The board shall meet at least two (2) times each year. The
2808	2808	41 chairperson may call additional meetings.
2809	2809	42 (i) The state department shall provide staff for the board. The state
2810	2810	2024 IN 1396—LS 6954/DI 144 66
2811	2811	1 department shall maintain a registry of the members of the board. An
2812	2812	2 appointing authority shall provide written confirmation of an
2813	2813	3 appointment to the board to the state department in the form and
2814	2814	4 manner specified by the state department.
2815	2815	5 (j) The board shall do the following:
2816	2816	6 (1) Consider policy matters relating to spinal cord and brain
2817	2817	7 injury research projects and programs under this chapter.
2818	2818	8 (2) Consider research applications and make grants for approved
2819	2819	9 research projects under this chapter.
2820	2820	10 (3) Consider applications and make grants to health care clinics
2821	2821	11 that:
2822	2822	12 (A) are exempt from federal income taxation under Section
2823	2823	13 501 of the Internal Revenue Code;
2824	2824	14 (B) employ physical therapists licensed under IC 25-27; and
2825	2825	15 (C) provide in Indiana long term activity based therapy
2826	2826	16 services at affordable rates to individuals with spinal cord
2827	2827	17 injuries or brain injuries that require extended post acute care.
2828	2828	18 (4) Consider the application's efficacy in providing significant and
2829	2829	19 sustained improvement to individuals with spinal cord injuries or
2830	2830	20 brain injuries.
2831	2831	21 (5) Formulate policies and procedures concerning the operation
2832	2832	22 of the board.
2833	2833	23 (6) Review and authorize spinal cord and brain injury research
2834	2834	24 projects and programs to be financed under this chapter. For
2835	2835	25 purposes of this subdivision, the board may establish an
2836	2836	26 independent scientific advisory panel composed of scientists and
2837	2837	27 clinicians who are not members of the board to review proposals
2838	2838	28 submitted to the board and make recommendations to the board.
2839	2839	29 Collaborations are encouraged with other Indiana-based
2840	2840	30 researchers as well as researchers located outside Indiana,
2841	2841	31 including researchers in other countries.
2842	2842	32 (7) Review and approve progress and final research reports on
2843	2843	33 projects authorized under this chapter, including any other
2844	2844	34 information the board has required to be submitted as a condition
2845	2845	35 of receiving a grant.
2846	2846	36 (8) Review and make recommendations concerning the
2847	2847	37 expenditure of money from the fund.
2848	2848	38 (9) Take other action necessary for the purpose stated in
2849	2849	39 subsection (a).
2850	2850	40 (10) Provide to the governor, the general assembly, and the
2851	2851	41 legislative council an annual report not later than January 30 of
2852	2852	42 each year showing the status of funds appropriated under this
2853	2853	2024 IN 1396—LS 6954/DI 144 67
2854	2854	1 chapter. The report to the general assembly and the legislative
2855	2855	2 council must be in an electronic format under IC 5-14-6.
2856	2856	3 (k) A member of the board is exempt from civil liability arising or
2857	2857	4 thought to arise from an action taken in good faith as a member of the
2858	2858	5 board.
2859	2859	6 (l) The department shall annually present to the board a financial
2860	2860	7 statement that includes the following information for the current and
2861	2861	8 previous fiscal year:
2862	2862	9 (1) The amount of money deposited into the fund.
2863	2863	10 (2) The amount of money expended from the fund.
2864	2864	11 (3) The amount of money, including any reserves, available for
2865	2865	12 grants from the fund.
2866	2866	13 SECTION 69. IC 20-34-6-1, AS AMENDED BY P.L.83-2018,
2867	2867	14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2868	2868	15 JULY 1, 2024]: Sec. 1. (a) By July 1 of each year, each school
2869	2869	16 corporation shall submit a report to the department detailing the
2870	2870	17 following information for the current school year for each school in the
2871	2871	18 school corporation and for the entire school corporation:
2872	2872	19 (1) The number of arrests of students on school corporation
2873	2873	20 property, including arrests made by law enforcement officers,
2874	2874	21 security guards, school safety specialists, and other school
2875	2875	22 corporation employees, and any citizen arrests.
2876	2876	23 (2) The offenses for which students were arrested on school
2877	2877	24 corporation property.
2878	2878	25 (3) The number of contacts with law enforcement personnel from
2879	2879	26 a school corporation employee that have resulted in arrests of
2880	2880	27 students not on school corporation property.
2881	2881	28 (4) Statistics concerning the age, race, and gender of students
2882	2882	29 arrested on school corporation property and categorizing the
2883	2883	30 statistics by offenses.
2884	2884	31 (5) Whether the school corporation has established and employs
2885	2885	32 a school corporation police department under IC 20-26-16, and if
2886	2886	33 so, report:
2887	2887	34 (A) the number of officers in the school corporation police
2888	2888	35 department; and
2889	2889	36 (B) the training the officers must complete.
2890	2890	37 (6) If the school corporation employs private security guards to
2891	2891	38 enforce rules or laws on school property, a detailed explanation
2892	2892	39 of the use of private security guards by the school corporation.
2893	2893	40 (7) If the school corporation has an agreement with a local law
2894	2894	41 enforcement agency regarding procedures to arrest students on
2895	2895	42 school property, a detailed explanation of the use of the local law
2896	2896	2024 IN 1396—LS 6954/DI 144 68
2897	2897	1 enforcement agency by the school corporation.
2898	2898	2 (8) The number of reported bullying incidents involving a student
2899	2899	3 of the school corporation by category. However, nothing in this
2900	2900	4 subdivision may be construed to require all bullying incidents to
2901	2901	5 be reported to a law enforcement agency.
2902	2902	6 (b) By August 1 of each year, the department shall submit a report
2903	2903	7 to:
2904	2904	8 (1) the legislative council;
2905	2905	9 (2) the board for the coordination of programs serving vulnerable
2906	2906	10 individuals established by IC 4-23-30.2-8; civil rights
2907	2907	11 commission; and
2908	2908	12 (3) the criminal justice institute;
2909	2909	13 providing a summary of the reports submitted to the department under
2910	2910	14 subsection (a). The report to the legislative council must be in an
2911	2911	15 electronic format under IC 5-14-6.
2912	2912	16 (c) By August 1 of each year, the department must post the reports
2913	2913	17 described in subsections (a) and (b) on the department's Internet web
2914	2914	18 site. website.
2915	2915	19 (d) Information reported under subsection (a)(8) may not be used in
2916	2916	20 the calculation of a school corporation's improvement under
2917	2917	21 IC 20-31-8.
2918	2918	22 SECTION 70. IC 22-9-13 IS ADDED TO THE INDIANA CODE
2919	2919	23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2920	2920	24 JULY 1, 2024]:
2921	2921	25 Chapter 13. Coordination of Programs Serving Vulnerable
2922	2922	26 Individuals
2923	2923	27 Sec. 1. As used in this chapter, "director" refers to the director
2924	2924	28 appointed under section 7 of this chapter.
2925	2925	29 Sec. 2. As used in this chapter, "disproportionality" refers to a
2926	2926	30 situation in which members of a particular race or ethnic group in
2927	2927	31 the United States are represented at a percentage higher or lower
2928	2928	32 than the percentage of the general public that the particular race
2929	2929	33 or ethnic group comprises.
2930	2930	34 Sec. 3. As used in this chapter, "strength based" refers to a
2931	2931	35 perspective that recognizes that:
2932	2932	36 (1) every individual, group, family, and community has
2933	2933	37 strengths that should be considered by service providers when
2934	2934	38 developing services for a client;
2935	2935	39 (2) a service provider can best serve a client by collaborating
2936	2936	40 with the client to develop the client's strengths;
2937	2937	41 (3) service providers should work with a client to ensure that
2938	2938	42 every environment in which the client receives services has
2939	2939	2024 IN 1396—LS 6954/DI 144 69
2940	2940	1 adequate resources to meet the needs of the client; and
2941	2941	2 (4) a service plan for a client should not be based on
2942	2942	3 diagnostic assessments of client deficits or needs but on a
2943	2943	4 practice that uses the assessment process to discover strengths
2944	2944	5 and engage clients in collaborative planning.
2945	2945	6 Sec. 4. As used in this chapter, "vulnerable population"
2946	2946	7 includes:
2947	2947	8 (1) individuals receiving services:
2948	2948	9 (A) under IC 12;
2949	2949	10 (B) from the department of child services established by
2950	2950	11 IC 31-25-1-1;
2951	2951	12 (C) through the criminal justice system or the juvenile
2952	2952	13 justice system;
2953	2953	14 (D) from the department of education as students who are
2954	2954	15 at risk or exceptional learners; and
2955	2955	16 (E) from the department of workforce development;
2956	2956	17 (2) young persons of color; and
2957	2957	18 (3) other individuals recognized by the commission as
2958	2958	19 members of a vulnerable population.
2959	2959	20 Sec. 5. As used in this chapter, "wraparound services" refers to
2960	2960	21 support networks that are characterized by the creation of
2961	2961	22 constructive relationships to assist recipients of services, families
2962	2962	23 of recipients of services, and others using a strength based
2963	2963	24 philosophy to guide service planning.
2964	2964	25 Sec. 6. As used in this chapter, "young person of color" refers
2965	2965	26 to an individual who is less than eighteen (18) years of age and is
2966	2966	27 identified as one (1) of the following:
2967	2967	28 (1) Black or African-American.
2968	2968	29 (2) Hispanic or Latino.
2969	2969	30 (3) Asian.
2970	2970	31 (4) American Indian.
2971	2971	32 (5) Alaska Native.
2972	2972	33 (6) Native Hawaiian or other Pacific Islander.
2973	2973	34 Sec. 7. (a) The commission shall appoint a director to coordinate
2974	2974	35 programs serving vulnerable individuals. The director:
2975	2975	36 (1) serves at the pleasure of the commission; and
2976	2976	37 (2) is entitled to a salary to be determined by the budget
2977	2977	38 agency with the approval of the governor.
2978	2978	39 (b) The director, with the approval of the governor and the
2979	2979	40 budget agency, and on the advice of the commission, may appoint
2980	2980	41 staff necessary to fulfill the duties of this chapter.
2981	2981	42 (c) The director shall assist the commission in carrying out the
2982	2982	2024 IN 1396—LS 6954/DI 144 70
2983	2983	1 duties under section 8 of this chapter.
2984	2984	2 Sec. 8. The commission has the following duties:
2985	2985	3 (1) Oversee the implementation of the recommendations made
2986	2986	4 by the commission on disproportionality in youth services,
2987	2987	5 including the ongoing review and evaluation of recommended
2988	2988	6 programs, practices, and procedures described in the report
2989	2989	7 as mandated by P.L.234-2007.
2990	2990	8 (2) Suggest policy, program, and legislative changes related to
2991	2991	9 services provided to members of a vulnerable population to
2992	2992	10 accomplish the following:
2993	2993	11 (A) Enhance the quality of and access to services with
2994	2994	12 positive outcomes for vulnerable populations.
2995	2995	13 (B) Reduce disproportionality of young persons of color in
2996	2996	14 youth services by changing or eliminating policies that
2997	2997	15 contribute to poor outcomes for young persons of color.
2998	2998	16 (3) Oversee and coordinate the review, evaluation, and
2999	2999	17 development of consistent statewide standards for the use of
3000	3000	18 risk and needs assessment tools that are culturally sensitive
3001	3001	19 and promote objectivity in decision making at service delivery
3002	3002	20 points in systems serving members of a vulnerable population.
3003	3003	21 (4) Work collaboratively within and across state and local
3004	3004	22 agencies to create a central data warehouse to serve as a
3005	3005	23 statewide system for standardized, disaggregated, race
3006	3006	24 specific data collection that has rapid accessibility and
3007	3007	25 accountability measures for comparative use across service
3008	3008	26 systems and geographic areas. The data system should include
3009	3009	27 the following:
3010	3010	28 (A) Establishing measures to ensure the collection of
3011	3011	29 consistent information to allow comparative racial and age
3012	3012	30 data that are program based and outcome oriented.
3013	3013	31 (B) Recommending consistent, standardized reporting
3014	3014	32 measurements.
3015	3015	33 (C) Working with agency participants to develop
3016	3016	34 implementation plans that achieve consistency in:
3017	3017	35 (i) data collection;
3018	3018	36 (ii) program development and evaluation;
3019	3019	37 (iii) staff training; and
3020	3020	38 (iv) annual reporting.
3021	3021	39 (5) Work collaboratively within and across state and local
3022	3022	40 agencies and programs to achieve consistent statewide
3023	3023	41 standards for mandatory, ongoing cultural competency
3024	3024	42 training and professional practice standards for government
3025	3025	2024 IN 1396—LS 6954/DI 144 71
3026	3026	1 employees, school personnel, service providers, and
3027	3027	2 professionals in systems serving members of a vulnerable
3028	3028	3 population.
3029	3029	4 (6) Work collaboratively within and across state and local
3030	3030	5 agencies and programs to develop and monitor a strategic
3031	3031	6 plan to recruit and retain diverse professionals and staff level
3032	3032	7 employees throughout all service delivery systems. The
3033	3033	8 strategic plan developed must include provisions to ensure
3034	3034	9 that bilingual training is available.
3035	3035	10 (7) Work collaboratively within and across state and local
3036	3036	11 agencies to identify existing and to recommend new early
3037	3037	12 intervention and preventive programming services for
3038	3038	13 members of a vulnerable population. Intervention and
3039	3039	14 preventive programming should be sensitive to race and
3040	3040	15 should include culturally sensitive, evidence based
3041	3041	16 programming or measures involving the following:
3042	3042	17 (A) Strength based approaches to engage and promote
3043	3043	18 positive outcomes.
3044	3044	19 (B) Community based, wraparound services.
3045	3045	20 (C) Educational advocacy and support services.
3046	3046	21 (D) School based referrals to mental health care.
3047	3047	22 (E) Programming that supports collaborative relationships
3048	3048	23 among community, faith based, private, and public
3049	3049	24 organizations.
3050	3050	25 (F) Home based prevention services in the child welfare
3051	3051	26 system.
3052	3052	27 (G) Transitional services for foster youth.
3053	3053	28 (H) Child and family teams for youth in system care.
3054	3054	29 (I) Other early intervention and preventive programming
3055	3055	30 services.
3056	3056	31 (8) Work with local officials and the Indiana criminal justice
3057	3057	32 institute to develop local juvenile justice councils and support
3058	3058	33 the development of strategies to reduce disproportionality and
3059	3059	34 disparity at the county level.
3060	3060	35 (9) Suggest policy development and fiscal planning efforts to
3061	3061	36 achieve blended or braided funding for services delivered to
3062	3062	37 members of a vulnerable population.
3063	3063	38 (10) Monitor and support ongoing implementation of agency
3064	3064	39 efforts to reduce disproportionality and enhance quality of
3065	3065	40 services to members of a vulnerable population.
3066	3066	41 (11) Report plans and progress to the governor, the legislative
3067	3067	42 council, and the public at least semiannually. A report to the
3068	3068	2024 IN 1396—LS 6954/DI 144 72
3069	3069	1 legislative council under this subdivision must be in an
3070	3070	2 electronic format under IC 5-14-6.
3071	3071	3 (12) Coordinate program review and fiscal planning by
3072	3072	4 participant agencies.
3073	3073	5 (13) Direct service delivery providers to collect and report
3074	3074	6 disaggregated data based on race and ethnicity by geographic
3075	3075	7 and program areas.
3076	3076	8 Sec. 9. To carry out this chapter, the commission may do the
3077	3077	9 following:
3078	3078	10 (1) Request any governmental entity that has an interest in or
3079	3079	11 is involved in the delivery of human services to attend and
3080	3080	12 participate in any meetings of the board that the board
3081	3081	13 determines to be beneficial and necessary to achieve the goal
3082	3082	14 of effective coordination and delivery of human services to
3083	3083	15 members of a vulnerable population.
3084	3084	16 (2) Seek the cooperation of all agencies, departments, and
3085	3085	17 institutions of state government to eliminate any duplication
3086	3086	18 or overlap that may exist in the administration of programs
3087	3087	19 delivery service to members of a vulnerable population.
3088	3088	20 (3) Upon the request of one (1) of the members of the
3089	3089	21 commission, review the status of eligible recipients of services
3090	3090	22 to determine whether an individual recipient is under the
3091	3091	23 jurisdiction of the proper agency of state government.
3092	3092	24 Following a review under this subdivision, the commission
3093	3093	25 may suggest the transfer of an individual recipient to the
3094	3094	26 jurisdiction of another state agency if permitted by law.
3095	3095	27 (4) Create task forces to study issues and provide information
3096	3096	28 to the commission as needed. Members appointed to task
3097	3097	29 forces created under this subdivision serve without
3098	3098	30 compensation.
3099	3099	31 Sec. 10. The commission shall provide quarterly reports to the
3100	3100	32 governor, the general assembly, and the Indiana criminal justice
3101	3101	33 institute on the progress of the commission under this chapter and
3102	3102	34 on issues affecting the provision of services to members of a
3103	3103	35 vulnerable population. The report to the general assembly must be
3104	3104	36 in an electronic format under IC 5-14-6.
3105	3105	37 SECTION 71. IC 25-0.5-4-13 IS REPEALED [EFFECTIVE JULY
3106	3106	38 1, 2024]. Sec. 13. The committee of hearing aid dealer examiners (IC
3107	3107	39 25-20-1-1.5) is a board under IC 25-1-4.
3108	3108	40 SECTION 72. IC 25-0.5-5-13 IS REPEALED [EFFECTIVE JULY
3109	3109	41 1, 2024]. Sec. 13. The Indiana professional licensing agency shall
3110	3110	42 perform administrative functions, duties, and responsibilities for the
3111	3111	2024 IN 1396—LS 6954/DI 144 73
3112	3112	1 committee of hearing aid dealer examiners (IC 25-20) under
3113	3113	2 IC 25-1-5-3(a).
3114	3114	3 SECTION 73. IC 25-0.5-10-13 IS REPEALED [EFFECTIVE JULY
3115	3115	4 1, 2024]. Sec. 13. The committee of hearing aid dealer examiners (IC
3116	3116	5 25-20-1-1.5) is a board under IC 25-1-8-6.
3117	3117	6 SECTION 74. IC 25-1-9-2, AS AMENDED BY P.L.36-2022,
3118	3118	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3119	3119	8 JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "practitioner" means
3120	3120	9 an individual who holds:
3121	3121	10 (1) an unlimited license, certificate, or registration;
3122	3122	11 (2) a limited or probationary license, certificate, or registration;
3123	3123	12 (3) a temporary license, certificate, registration, or permit;
3124	3124	13 (4) an intern permit; or
3125	3125	14 (5) a provisional license;
3126	3126	15 issued by the board regulating the profession in question. including a
3127	3127	16 certificate of registration issued under IC 25-20.
3128	3128	17 (b) The term includes an individual who held:
3129	3129	18 (1) an unlimited license, certificate, or registration;
3130	3130	19 (2) a limited or probationary license, certificate, or registration;
3131	3131	20 (3) a temporary license, certificate, registration, or permit;
3132	3132	21 (4) an intern permit; or
3133	3133	22 (5) a provisional license;
3134	3134	23 issued by the board regulating the profession in question, including a
3135	3135	24 certificate of registration issued under IC 25-20 (before its repeal),
3136	3136	25 when the alleged violation of this chapter occurred.
3137	3137	26 SECTION 75. IC 25-1-10.3-5, AS ADDED BY P.L.128-2022,
3138	3138	27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3139	3139	28 JULY 1, 2024]: Sec. 5. (a) As used in this chapter, except as provided
3140	3140	29 in subsection (b), "practitioner" means an individual who holds a
3141	3141	30 license issued by a board described in IC 25-0.5-11. including a
3142	3142	31 certificate of registration issued under IC 25-20.
3143	3143	32 (b) The term does not include a veterinarian licensed under
3144	3144	33 IC 25-38.1.
3145	3145	34 SECTION 76. IC 25-20 IS REPEALED [EFFECTIVE JULY 1,
3146	3146	35 2024]. (Hearing Aid Dealers).
3147	3147	36 SECTION 77. IC 25-21.8-4-5, AS ADDED BY P.L.267-2017,
3148	3148	37 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3149	3149	38 JULY 1, 2024]: Sec. 5. This article does not prohibit the following:
3150	3150	39 (1) An individual who has a license, registration, certificate, or
3151	3151	40 permit from the state from acting within the scope of the
3152	3152	41 individual's license, registration, certificate, or permit.
3153	3153	42 (2) An individual who participates in an approved training
3154	3154	2024 IN 1396—LS 6954/DI 144 74
3155	3155	1 program for the purpose of acquiring a license, registration,
3156	3156	2 certificate, or permit from the state from performing activities
3157	3157	3 within the scope of the approved training program.
3158	3158	4 (3) A student of an approved massage therapy school from
3159	3159	5 performing massage therapy under the supervision of the
3160	3160	6 approved massage therapy school, if the student does not profess
3161	3161	7 to be a licensed massage therapist.
3162	3162	8 (4) An individual's practice in one (1) or more of the following
3163	3163	9 areas that does not involve intentional soft tissue manipulation:
3164	3164	10 (A) Alexander Technique.
3165	3165	11 (B) Feldenkrais.
3166	3166	12 (C) Reiki.
3167	3167	13 (D) Therapeutic Touch.
3168	3168	14 (5) An individual's practice in which the individual provides
3169	3169	15 service marked bodywork approaches that involve intentional soft
3170	3170	16 tissue manipulation, including:
3171	3171	17 (A) Rolfing;
3172	3172	18 (B) Trager Approach;
3173	3173	19 (C) Polarity Therapy;
3174	3174	20 (D) Ortho-bionomy; and
3175	3175	21 (E) Reflexology;
3176	3176	22 if the individual is approved by a governing body based on a
3177	3177	23 minimum level of training, demonstration of competency, and
3178	3178	24 adherence to ethical standards.
3179	3179	25 (6) The practice of massage therapy by a person either actively
3180	3180	26 licensed as a massage therapist in another state or currently
3181	3181	27 certified by the National Certification Board of Therapeutic
3182	3182	28 Massage and Bodywork or other national certifying body if the
3183	3183	29 person's state does not license massage therapists, if the
3184	3184	30 individual is performing duties for a non-Indiana based team or
3185	3185	31 organization, or for a national athletic event held in Indiana, so
3186	3186	32 long as the individual restricts the individual's practice to the
3187	3187	33 individual's team or organization during the course of the
3188	3188	34 individual's or the individual's team's or the individual's
3189	3189	35 organization's stay in Indiana or for the duration of the event.
3190	3190	36 (7) Massage therapists from other states or countries providing
3191	3191	37 educational programs in Indiana for a period not to exceed thirty
3192	3192	38 (30) days within a calendar year.
3193	3193	39 (8) An employee of a physician or a group of physicians from
3194	3194	40 performing an act, a duty, or a function to which the exception
3195	3195	41 described in IC 25-22.5-1-2(a)(20) IC 25-22.5-1-2(a)(19) applies.
3196	3196	42 (9) An employee of a chiropractor from performing an act, duty,
3197	3197	2024 IN 1396—LS 6954/DI 144 75
3198	3198	1 or function authorized under IC 25-10-1-13.
3199	3199	2 (10) An employee of a podiatrist or a group of podiatrists from
3200	3200	3 performing an act, duty, or function to which the exception
3201	3201	4 described in IC 25-29-1-0.5(a)(13) applies.
3202	3202	5 (11) A dramatic portrayal or some other artistic performance or
3203	3203	6 expression involving the practice of massage therapy.
3204	3204	7 (12) The practice of massage therapy by a member of an
3205	3205	8 emergency response team during a period of active emergency
3206	3206	9 response.
3207	3207	10 SECTION 78. IC 25-22.5-1-2, AS AMENDED BY P.L.128-2022,
3208	3208	11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3209	3209	12 JULY 1, 2024]: Sec. 2. (a) This article, as it relates to the unlawful or
3210	3210	13 unauthorized practice of medicine or osteopathic medicine, does not
3211	3211	14 apply to any of the following:
3212	3212	15 (1) A student in training in a medical school approved by the
3213	3213	16 board, or while performing duties as an intern or a resident in a
3214	3214	17 hospital under the supervision of the hospital's staff or in a
3215	3215	18 program approved by the medical school.
3216	3216	19 (2) A person who renders service in case of emergency where no
3217	3217	20 fee or other consideration is contemplated, charged, or received.
3218	3218	21 (3) A paramedic (as defined in IC 16-18-2-266), an advanced
3219	3219	22 emergency medical technician (as defined in IC 16-18-2-6.5), an
3220	3220	23 emergency medical technician (as defined in IC 16-18-2-112), or
3221	3221	24 a person with equivalent certification from another state who
3222	3222	25 renders advanced life support (as defined in IC 16-18-2-7), or
3223	3223	26 basic life support (as defined in IC 16-18-2-33.5):
3224	3224	27 (A) during a disaster emergency declared by the governor
3225	3225	28 under IC 10-14-3-12 in response to an act that the governor in
3226	3226	29 good faith believes to be an act of terrorism (as defined in
3227	3227	30 IC 35-31.5-2-329); and
3228	3228	31 (B) in accordance with the rules adopted by the Indiana
3229	3229	32 emergency medical services commission or the disaster
3230	3230	33 emergency declaration of the governor.
3231	3231	34 (4) Commissioned medical officers or medical service officers of
3232	3232	35 the armed forces of the United States, the United States Public
3233	3233	36 Health Service, and medical officers of the United States
3234	3234	37 Department of Veterans Affairs in the discharge of their official
3235	3235	38 duties in Indiana.
3236	3236	39 (5) An individual who is not a licensee who resides in another
3237	3237	40 state or country and is authorized to practice medicine or
3238	3238	41 osteopathic medicine there, who is called in for consultation by an
3239	3239	42 individual licensed to practice medicine or osteopathic medicine
3240	3240	2024 IN 1396—LS 6954/DI 144 76
3241	3241	1 in Indiana.
3242	3242	2 (6) A person administering a domestic or family remedy to a
3243	3243	3 member of the person's family.
3244	3244	4 (7) A member of a church practicing the religious tenets of the
3245	3245	5 church if the member does not make a medical diagnosis,
3246	3246	6 prescribe or administer drugs or medicines, perform surgical or
3247	3247	7 physical operations, or assume the title of or profess to be a
3248	3248	8 physician.
3249	3249	9 (8) A school corporation and a school employee who acts under
3250	3250	10 IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
3251	3251	11 (9) A chiropractor practicing the chiropractor's profession under
3252	3252	12 IC 25-10 or to an employee of a chiropractor acting under the
3253	3253	13 direction and supervision of the chiropractor under IC 25-10-1-13.
3254	3254	14 (10) A dental hygienist practicing the dental hygienist's profession
3255	3255	15 under IC 25-13.
3256	3256	16 (11) A dentist practicing the dentist's profession under IC 25-14.
3257	3257	17 (12) A hearing aid dealer practicing the hearing aid dealer's
3258	3258	18 profession under IC 25-20.
3259	3259	19 (13) (12) A nurse practicing the nurse's profession under
3260	3260	20 IC 25-23. However, a certified registered nurse anesthetist (as
3261	3261	21 defined in IC 25-23-1-1.4) may administer anesthesia if the
3262	3262	22 certified registered nurse anesthetist acts under the direction of
3263	3263	23 and in the immediate presence of a physician.
3264	3264	24 (14) (13) An optometrist practicing the optometrist's profession
3265	3265	25 under IC 25-24.
3266	3266	26 (15) (14) A pharmacist practicing the pharmacist's profession
3267	3267	27 under IC 25-26.
3268	3268	28 (16) (15) A physical therapist practicing the physical therapist's
3269	3269	29 profession under IC 25-27.
3270	3270	30 (17) (16) A podiatrist practicing the podiatrist's profession under
3271	3271	31 IC 25-29.
3272	3272	32 (18) (17) A psychologist practicing the psychologist's profession
3273	3273	33 under IC 25-33.
3274	3274	34 (19) (18) A speech-language pathologist or audiologist practicing
3275	3275	35 the pathologist's or audiologist's profession under IC 25-35.6.
3276	3276	36 (20) (19) An employee of a physician or group of physicians who
3277	3277	37 performs an act, a duty, or a function that is customarily within
3278	3278	38 the specific area of practice of the employing physician or group
3279	3279	39 of physicians, if the act, duty, or function is performed under the
3280	3280	40 direction and supervision of the employing physician or a
3281	3281	41 physician of the employing group within whose area of practice
3282	3282	42 the act, duty, or function falls. An employee may not make a
3283	3283	2024 IN 1396—LS 6954/DI 144 77
3284	3284	1 diagnosis or prescribe a treatment and must report the results of
3285	3285	2 an examination of a patient conducted by the employee to the
3286	3286	3 employing physician or the physician of the employing group
3287	3287	4 under whose supervision the employee is working. An employee
3288	3288	5 may not administer medication without the specific order of the
3289	3289	6 employing physician or a physician of the employing group.
3290	3290	7 Unless an employee is licensed or registered to independently
3291	3291	8 practice in a profession described in subdivisions (9) through
3292	3292	9 (18), (17), nothing in this subsection grants the employee
3293	3293	10 independent practitioner status or the authority to perform patient
3294	3294	11 services in an independent practice in a profession.
3295	3295	12 (21) (20) A hospital licensed under IC 16-21 or IC 12-25.
3296	3296	13 (22) (21) A health care organization whose members,
3297	3297	14 shareholders, or partners are individuals, partnerships,
3298	3298	15 corporations, facilities, or institutions licensed or legally
3299	3299	16 authorized by this state to provide health care or professional
3300	3300	17 services as:
3301	3301	18 (A) a physician;
3302	3302	19 (B) a psychiatric hospital;
3303	3303	20 (C) a hospital;
3304	3304	21 (D) a health maintenance organization or limited service
3305	3305	22 health maintenance organization;
3306	3306	23 (E) a health facility;
3307	3307	24 (F) a dentist;
3308	3308	25 (G) a registered or licensed practical nurse;
3309	3309	26 (H) a certified nurse midwife or a certified direct entry
3310	3310	27 midwife;
3311	3311	28 (I) an optometrist;
3312	3312	29 (J) a podiatrist;
3313	3313	30 (K) a chiropractor;
3314	3314	31 (L) a physical therapist; or
3315	3315	32 (M) a psychologist.
3316	3316	33 (23) (22) A physician assistant practicing the physician assistant
3317	3317	34 profession under IC 25-27.5.
3318	3318	35 (24) (23) A physician providing medical treatment under section
3319	3319	36 2.1 of this chapter.
3320	3320	37 (25) (24) An attendant who provides attendant care services (as
3321	3321	38 defined in IC 16-18-2-28.5).
3322	3322	39 (26) (25) A personal services attendant providing authorized
3323	3323	40 attendant care services under IC 12-10-17.1.
3324	3324	41 (27) (26) A respiratory care practitioner practicing the
3325	3325	42 practitioner's profession under IC 25-34.5.
3326	3326	2024 IN 1396—LS 6954/DI 144 78
3327	3327	1 (b) A person described in subsection (a)(9) through (a)(18) (a)(17)
3328	3328	2 is not excluded from the application of this article if:
3329	3329	3 (1) the person performs an act that an Indiana statute does not
3330	3330	4 authorize the person to perform; and
3331	3331	5 (2) the act qualifies in whole or in part as the practice of medicine
3332	3332	6 or osteopathic medicine.
3333	3333	7 (c) An employment or other contractual relationship between an
3334	3334	8 entity described in subsection (a)(21) (a)(20) through (a)(22) (a)(21)
3335	3335	9 and a licensed physician does not constitute the unlawful practice of
3336	3336	10 medicine or osteopathic medicine under this article if the entity does
3337	3337	11 not direct or control independent medical acts, decisions, or judgment
3338	3338	12 of the licensed physician. However, if the direction or control is done
3339	3339	13 by the entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the
3340	3340	14 entity is excluded from the application of this article as it relates to the
3341	3341	15 unlawful practice of medicine or osteopathic medicine.
3342	3342	16 (d) This subsection does not apply to a prescription or drug order for
3343	3343	17 a legend drug that is filled or refilled in a pharmacy owned or operated
3344	3344	18 by a hospital licensed under IC 16-21. A physician licensed in Indiana
3345	3345	19 who permits or authorizes a person to fill or refill a prescription or drug
3346	3346	20 order for a legend drug except as authorized in IC 16-42-19-11 through
3347	3347	21 IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
3348	3348	22 person who violates this subsection commits the unlawful practice of
3349	3349	23 medicine or osteopathic medicine under this chapter.
3350	3350	24 (e) A person described in subsection (a)(8) shall not be authorized
3351	3351	25 to dispense contraceptives or birth control devices.
3352	3352	26 (f) Nothing in this section allows a person to use words or
3353	3353	27 abbreviations that indicate or induce an individual to believe that the
3354	3354	28 person is engaged in the practice of medicine or osteopathic medicine.
3355	3355	29 SECTION 79. IC 25-27.5-5-1, AS AMENDED BY P.L.247-2019,
3356	3356	30 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3357	3357	31 JULY 1, 2024]: Sec. 1. (a) This chapter does not apply to the practice
3358	3358	32 of other health care professionals set forth under IC 25-22.5-1-2(a)(1)
3359	3359	33 through IC 25-22.5-1-2(a)(19). IC 25-22.5-1-2(a)(18).
3360	3360	34 (b) This chapter does not exempt a physician assistant from the
3361	3361	35 requirements of IC 16-41-35-29.
3362	3362	36 SECTION 80. IC 25-27.5-5-2, AS AMENDED BY P.L.247-2019,
3363	3363	37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3364	3364	38 JULY 1, 2024]: Sec. 2. (a) A physician assistant:
3365	3365	39 (1) must engage in a dependent practice with a collaborating
3366	3366	40 physician; and
3367	3367	41 (2) may not be independent from the collaborating physician,
3368	3368	42 including any of the activities of other health care providers set
3369	3369	2024 IN 1396—LS 6954/DI 144 79
3370	3370	1 forth under IC 25-22.5-1-2(a)(1) through IC 25-22.5-1-2(a)(19).
3371	3371	2 IC 25-22.5-1-2(a)(18).
3372	3372	3 A physician assistant may perform, under a collaborative agreement,
3373	3373	4 the duties and responsibilities that are delegated by the collaborating
3374	3374	5 physician and that are within the collaborating physician's scope of
3375	3375	6 practice, including prescribing and dispensing drugs and medical
3376	3376	7 devices. A patient may elect to be seen, examined, and treated by the
3377	3377	8 collaborating physician.
3378	3378	9 (b) If a physician assistant determines that a patient needs to be
3379	3379	10 examined by a physician, the physician assistant shall immediately
3380	3380	11 notify the collaborating physician or physician designee.
3381	3381	12 (c) If a physician assistant notifies the collaborating physician that
3382	3382	13 the physician should examine a patient, the collaborating physician
3383	3383	14 shall:
3384	3384	15 (1) schedule an examination of the patient unless the patient
3385	3385	16 declines; or
3386	3386	17 (2) arrange for another physician to examine the patient.
3387	3387	18 (d) A collaborating physician or physician assistant who does not
3388	3388	19 comply with subsections (b) and (c) is subject to discipline under
3389	3389	20 IC 25-1-9.
3390	3390	21 (e) A physician assistant's collaborative agreement with a
3391	3391	22 collaborating physician must:
3392	3392	23 (1) be in writing;
3393	3393	24 (2) include all the tasks delegated to the physician assistant by the
3394	3394	25 collaborating physician;
3395	3395	26 (3) set forth the collaborative agreement for the physician
3396	3396	27 assistant, including the emergency procedures that the physician
3397	3397	28 assistant must follow; and
3398	3398	29 (4) specify the protocol the physician assistant shall follow in
3399	3399	30 prescribing a drug.
3400	3400	31 (f) The physician shall submit the collaborative agreement to the
3401	3401	32 board. The physician assistant may prescribe a drug under the
3402	3402	33 collaborative agreement unless the board denies the collaborative
3403	3403	34 agreement. Any amendment to the collaborative agreement must be
3404	3404	35 resubmitted to the board, and the physician assistant may operate under
3405	3405	36 any new prescriptive authority under the amended collaborative
3406	3406	37 agreement unless the agreement has been denied by the board.
3407	3407	38 (g) A physician or a physician assistant who violates the
3408	3408	39 collaborative agreement described in this section may be disciplined
3409	3409	40 under IC 25-1-9.
3410	3410	41 SECTION 81. IC 25-34.5-3-7, AS AMENDED BY P.L.11-2023,
3411	3411	42 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3412	3412	2024 IN 1396—LS 6954/DI 144 80
3413	3413	1 JULY 1, 2024]: Sec. 7. This article does not affect the applicability of
3414	3414	2 IC 25-22.5-1-2(a)(20). IC 25-22.5-1-2(a)(19).
3415	3415	3 SECTION 82. IC 25-35.6-1-4, AS AMENDED BY P.L.149-2022,
3416	3416	4 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3417	3417	5 JULY 1, 2024]: Sec. 4. Nothing in this article shall be construed as
3418	3418	6 preventing or restricting the following:
3419	3419	7 (1) A physician or surgeon from engaging in the practice of
3420	3420	8 medicine in this state, or a person under the supervision and
3421	3421	9 control of a physician or surgeon from conducting hearing testing,
3422	3422	10 provided such a person is not called an audiologist.
3423	3423	11 (2) Any hearing aid dealer from:
3424	3424	12 (A) engaging in the testing of hearing and other practices and
3425	3425	13 procedures necessary for the business for which the dealer is
3426	3426	14 registered in this state under IC 25-20-1; and
3427	3427	15 (B) using the title hearing aid specialist or any similar title or
3428	3428	16 description of service.
3429	3429	17 (3) (2) Any person licensed or registered in this state by any other
3430	3430	18 law from engaging in the profession or occupation for which the
3431	3431	19 person is licensed or registered.
3432	3432	20 (4) (3) A person employed as a speech-language pathologist or
3433	3433	21 audiologist by the government of the United States, if such person
3434	3434	22 performs speech-language pathology or audiology services solely
3435	3435	23 within the confines or under the jurisdiction of the governmental
3436	3436	24 organization by which the person is employed. However, such
3437	3437	25 person may, without obtaining a license under this article, consult
3438	3438	26 with or disseminate the person's research findings and other
3439	3439	27 scientific information to speech-language pathologists and
3440	3440	28 audiologists outside the jurisdiction of the organization by which
3441	3441	29 the person is employed. Such person may also offer instruction
3442	3442	30 and lectures to the public without being licensed under this
3443	3443	31 article. Such person may additionally elect to be subject to this
3444	3444	32 article.
3445	3445	33 (5) (4) The activities and services of persons pursuing a course of
3446	3446	34 study leading to a degree in speech-language pathology or
3447	3447	35 audiology at a postsecondary educational institution, if:
3448	3448	36 (A) such activities and services constitute a part of a
3449	3449	37 supervised course of study;
3450	3450	38 (B) such person is designated speech-language pathology or
3451	3451	39 audiology intern, speech-language pathology or audiology
3452	3452	40 trainee, or by other such titles clearly indicating the training
3453	3453	41 status appropriate to the person's level of training; and
3454	3454	42 (C) the person works only under the supervision of a
3455	3455	2024 IN 1396—LS 6954/DI 144 81
3456	3456	1 speech-language pathologist or audiologist licensed under this
3457	3457	2 article.
3458	3458	3 (6) (5) The activities and services of persons fulfilling the clinical
3459	3459	4 experience requirement of section 5(2)(B)(ii) or 6(3)(B) of this
3460	3460	5 chapter, if such activities and services constitute a part of the
3461	3461	6 experience required for that section's fulfillment.
3462	3462	7 (7) (6) The performance of pure tone air conduction testing by an
3463	3463	8 industrial audiometric technician, as defined by federal law, who
3464	3464	9 is working in an industrial hearing conservation program directed
3465	3465	10 by a physician or an audiologist.
3466	3466	11 (8) (7) The performance of speech-language pathology or
3467	3467	12 audiology services in this state by any person not a resident of this
3468	3468	13 state who is not licensed under this article, if such services are
3469	3469	14 performed:
3470	3470	15 (A) under IC 25-35.6-5; or
3471	3471	16 (B) for no more than five (5) days in any calendar year and in
3472	3472	17 cooperation with a speech-language pathologist or audiologist
3473	3473	18 licensed under this article, and if such person meets the
3474	3474	19 qualifications and requirements for application for licensure
3475	3475	20 described in section 5(1) and 5(2) or 6(1) and 6(2) of this
3476	3476	21 chapter.
3477	3477	22 However, a person not a resident of this state who is not licensed
3478	3478	23 under this article or practicing under IC 25-35.6-5, but who is
3479	3479	24 licensed under the law of another state which has established
3480	3480	25 licensure requirements at least equivalent to those established by
3481	3481	26 section 5 or 6 of this chapter or who is the holder of a certificate
3482	3482	27 of clinical competence in speech-language pathology or audiology
3483	3483	28 or its equivalent issued by a nationally recognized association for
3484	3484	29 speech-language or hearing, may offer speech-language pathology
3485	3485	30 or audiology services in this state for no more than one hundred
3486	3486	31 eighty (180) days in any calendar year, if such services are
3487	3487	32 performed in cooperation with a speech-language pathologist or
3488	3488	33 audiologist licensed under this article.
3489	3489	34 SECTION 83. IC 25-35.6-4-1 IS REPEALED [EFFECTIVE JULY
3490	3490	35 1, 2024]. Sec. 1. (a) This section does not apply to a prescription or
3491	3491	36 order by a person who:
3492	3492	37 (1) is licensed, certified, registered, or regulated by a board listed
3493	3493	38 in IC 25-1-9-1; and
3494	3494	39 (2) has authority to issue a prescription or order for a hearing aid.
3495	3495	40 (b) A person may not sell, lease, or rent a hearing aid (as defined in
3496	3496	41 IC 25-20-1-1) in Indiana unless the hearing aid has been fitted in
3497	3497	42 person by any of the following:
3498	3498	2024 IN 1396—LS 6954/DI 144 82
3499	3499	1 (1) A hearing aid dealer who has been issued a certificate of
3500	3500	2 registration under IC 25-20.
3501	3501	3 (2) An audiologist who is licensed under this article.
3502	3502	4 (c) A person who violates this section commits a Class B infraction.
3503	3503	5 SECTION 84. IC 27-1-15.7-6, AS AMENDED BY P.L.73-2006,
3504	3504	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3505	3505	7 JULY 1, 2024]: Sec. 6. (a) As used in this section, "council" refers to
3506	3506	8 the insurance producer education and continuing education advisory
3507	3507	9 council created under subsection (b).
3508	3508	10 (b) The insurance producer education and continuing education
3509	3509	11 advisory council is created within the department. The council consists
3510	3510	12 of the commissioner and fifteen (15) thirteen (13) members appointed
3511	3511	13 by the governor commissioner as follows:
3512	3512	14 (1) Two (2) members recommended by the Professional Insurance
3513	3513	15 Agents of Indiana.
3514	3514	16 (2) Two (2) members recommended by the Independent Insurance
3515	3515	17 Agents of Indiana.
3516	3516	18 (3) Two (2) members recommended by the Indiana Association
3517	3517	19 of Insurance and Financial Advisors.
3518	3518	20 (4) Two (2) members recommended by the Indiana State
3519	3519	21 Association of Health Underwriters.
3520	3520	22 (5) Two (2) representatives of direct writing or exclusive
3521	3521	23 producer's insurance companies.
3522	3522	24 (6) One (1) representative of the Association of Life Insurance
3523	3523	25 Companies.
3524	3524	26 (7) One (1) member recommended by the Insurance Institute of
3525	3525	27 Indiana.
3526	3526	28 (8) One (1) member recommended by the Indiana Land Title
3527	3527	29 Association.
3528	3528	30 (9) Two (2) other individuals.
3529	3529	31 (c) Members of the council serve for a term of three (3) years.
3530	3530	32 Members may not serve more than two (2) consecutive terms.
3531	3531	33 (d) Before making appointments to the council, the governor
3532	3532	34 commissioner must:
3533	3533	35 (1) solicit; and
3534	3534	36 (2) select appointees to the council from;
3535	3535	37 nominations made by organizations and associations that represent
3536	3536	38 individuals and corporations selling insurance in Indiana.
3537	3537	39 (e) The council shall meet at least semiannually.
3538	3538	40 (f) A member of the council is entitled to the minimum salary per
3539	3539	41 diem provided under IC 4-10-11-2.1(b). A member is also entitled to
3540	3540	42 reimbursement for traveling expenses and other expenses actually
3541	3541	2024 IN 1396—LS 6954/DI 144 83
3542	3542	1 incurred in connection with the member's duties, as provided in the
3543	3543	2 state travel policies and procedures established by the state department
3544	3544	3 of administration and approved by the state budget agency.
3545	3545	4 (g) The council shall review and make recommendations to the
3546	3546	5 commissioner with respect to course materials, curriculum, and
3547	3547	6 credentials of instructors of each prelicensing course of study for which
3548	3548	7 certification by the commissioner is sought under section 5 of this
3549	3549	8 chapter and shall make recommendations to the commissioner with
3550	3550	9 respect to educational requirements for insurance producers.
3551	3551	10 (h) A member of the council or designee of the commissioner shall
3552	3552	11 be permitted access to any classroom while instruction is in progress
3553	3553	12 to monitor the classroom instruction.
3554	3554	13 (i) The council shall make recommendations to the commissioner
3555	3555	14 concerning the following:
3556	3556	15 (1) Continuing education courses for which the approval of the
3557	3557	16 commissioner is sought under section 4 of this chapter.
3558	3558	17 (2) Rules proposed for adoption by the commissioner that would
3559	3559	18 affect continuing education.
3560	3560	19 SECTION 85. IC 31-26-4-6, AS AMENDED BY P.L.56-2023,
3561	3561	20 SECTION 298, IS AMENDED TO READ AS FOLLOWS
3562	3562	21 [EFFECTIVE JULY 1, 2024]: Sec. 6. The board consists of the
3563	3563	22 following ten (10) members:
3564	3564	23 (1) Two (2) individuals who are not members of the general
3565	3565	24 assembly, appointed by the president pro tempore of the senate
3566	3566	25 with advice from the minority leader of the senate.
3567	3567	26 (2) Two (2) individuals who are not members of the general
3568	3568	27 assembly, appointed by the speaker of the house of
3569	3569	28 representatives with advice from the minority leader of the house
3570	3570	29 of representatives.
3571	3571	30 (3) The director of the department or the director's designee.
3572	3572	31 (4) Four (4) individuals appointed by the governor director of the
3573	3573	32 department as follows:
3574	3574	33 (A) One (1) individual who represents the general public.
3575	3575	34 (B) Two (2) individuals who represent child advocacy
3576	3576	35 organizations.
3577	3577	36 (C) One (1) individual who represents the medical community.
3578	3578	37 (5) The commissioner of the Indiana department of health or the
3579	3579	38 commissioner's designee. An individual designated by the
3580	3580	39 commissioner under this subdivision must have knowledge of or
3581	3581	40 experience in issues relating to:
3582	3582	41 (A) the prevention of child abuse and neglect; and
3583	3583	42 (B) the reduction of infant mortality.
3584	3584	2024 IN 1396—LS 6954/DI 144 84
3585	3585	1 SECTION 86. IC 31-26-4-7, AS ADDED BY P.L.145-2006,
3586	3586	2 SECTION 272, IS AMENDED TO READ AS FOLLOWS
3587	3587	3 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The members shall annually
3588	3588	4 choose a chairperson and vice chairperson from among the members
3589	3589	5 of the board under this section.
3590	3590	6 (b) The director of the department or the director's designee may not
3591	3591	7 serve as chairperson or vice chairperson.
3592	3592	8 (c) If the member chosen as chairperson was appointed as a member
3593	3593	9 by the president pro tempore of the senate or the speaker of the house
3594	3594	10 of representatives, the vice chairperson must be chosen from among the
3595	3595	11 members appointed by the governor. director of the department. If
3596	3596	12 the member chosen as chairperson was appointed as a member by the
3597	3597	13 governor, director of the department, the vice chairperson must be
3598	3598	14 chosen from among the members appointed by the president pro
3599	3599	15 tempore of the senate or the speaker of the house of representatives.
3600	3600	16 SECTION 87. IC 32-21-2.5-8, AS AMENDED BY P.L.26-2022,
3601	3601	17 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3602	3602	18 JULY 1, 2024]: Sec. 8. (a) As used in this section, "paper document"
3603	3603	19 or "paper documents" means a tangible record that is received by a
3604	3604	20 county recorder in a form that is not electronic.
3605	3605	21 (b) On or before July 1, 2022, a county recorder shall receive for
3606	3606	22 recording, indexing, storage, archiving, access to, searching of,
3607	3607	23 retrieval, and transmittal all electronic documents proper for recording.
3608	3608	24 A county recorder shall also accept electronically any fee or tax that the
3609	3609	25 county recorder is authorized to collect under applicable laws. A
3610	3610	26 county recorder shall implement the processing of electronic
3611	3611	27 documents proper for recording in compliance with:
3612	3612	28 (1) this article;
3613	3613	29 (2) IC 33-42;
3614	3614	30 (3) IC 36-2-7.5;
3615	3615	31 (4) IC 36-2-11; and
3616	3616	32 (5) IC 36-2-13; and
3617	3617	33 the standards adopted by the electronic recording commission created
3618	3618	34 under section 9 of this chapter (before its repeal).
3619	3619	35 (c) This section does not apply to the following documents:
3620	3620	36 (1) A military discharge under IC 10-17-2.
3621	3621	37 (2) A survey of real property.
3622	3622	38 (3) A plat of real property.
3623	3623	39 (d) A recorder who accepts electronic documents for recording
3624	3624	40 shall:
3625	3625	41 (1) continue to accept paper documents as authorized by state
3626	3626	42 law; and
3627	3627	2024 IN 1396—LS 6954/DI 144 85
3628	3628	1 (2) place entries for paper documents and electronic documents
3629	3629	2 in the same index.
3630	3630	3 (e) A recorder who accepts electronic documents for recording may:
3631	3631	4 (1) convert paper documents accepted for recording into
3632	3632	5 electronic form;
3633	3633	6 (2) convert into electronic form information recorded before the
3634	3634	7 county recorder began to accept and index electronic documents;
3635	3635	8 or
3636	3636	9 (3) agree with other officials of a state or a political subdivision
3637	3637	10 of a state, or of the United States, on procedures or processes to
3638	3638	11 facilitate the electronic satisfaction of prior approvals and
3639	3639	12 conditions precedent to recording and the electronic payment of
3640	3640	13 fees and taxes.
3641	3641	14 SECTION 88. IC 32-21-2.5-9 IS REPEALED [EFFECTIVE JULY
3642	3642	15 1, 2024]. Sec. 9. (a) The electronic recording commission is established
3643	3643	16 to adopt standards to implement this chapter before January 1, 2018.
3644	3644	17 The commission consists of the following five (5) members appointed
3645	3645	18 by the governor:
3646	3646	19 (1) Three (3) members must be county recorders.
3647	3647	20 (2) One (1) member must be employed in Indiana in the banking
3648	3648	21 or mortgage lending industry.
3649	3649	22 (3) One (1) member must be employed in Indiana in the land title
3650	3650	23 industry.
3651	3651	24 (b) To keep the standards and practices of county recorders in
3652	3652	25 Indiana in harmony with the standards and practices of recording
3653	3653	26 offices in other jurisdictions that enact substantially this chapter and to
3654	3654	27 keep the technology used by county recorders in Indiana compatible
3655	3655	28 with technology used by recording offices in other jurisdictions that
3656	3656	29 enact substantially this chapter, the electronic recording commission,
3657	3657	30 so far as is consistent with the purposes, policies, and provisions of this
3658	3658	31 chapter, in adopting, amending, and repealing standards shall consider:
3659	3659	32 (1) standards and practices of other jurisdictions;
3660	3660	33 (2) the most recent standards promulgated by national standard
3661	3661	34 setting bodies, such as the Property Records Industry Association
3662	3662	35 (PRIA);
3663	3663	36 (3) the views of interested persons and governmental officials and
3664	3664	37 entities;
3665	3665	38 (4) the needs of counties of varying size, population, and
3666	3666	39 resources; and
3667	3667	40 (5) standards requiring adequate information security protection
3668	3668	41 to ensure that electronic documents are accurate, authentic,
3669	3669	42 adequately preserved, and resistant to tampering.
3670	3670	2024 IN 1396—LS 6954/DI 144 86
3671	3671	1 SECTION 89. IC 34-13-3-2, AS AMENDED BY P.L.111-2021,
3672	3672	2 SECTION 102, IS AMENDED TO READ AS FOLLOWS
3673	3673	3 [EFFECTIVE JULY 1, 2024]: Sec. 2. This chapter applies to a claim
3674	3674	4 or suit in tort against any of the following:
3675	3675	5 (1) The bureau of motor vehicles commission established by
3676	3676	6 IC 9-14-9-1.
3677	3677	7 (2) A member of the bureau of motor vehicles commission board
3678	3678	8 established under IC 9-14-9-2.
3679	3679	9 (3) An employee of the bureau of motor vehicles commission.
3680	3680	10 (4) (1) A member of the driver education advisory board
3681	3681	11 established by IC 9-27-6-5.
3682	3682	12 (5) (2) An approved postsecondary educational institution (as
3683	3683	13 defined in IC 21-7-13-6(a)(1)), or an association acting on behalf
3684	3684	14 of an approved postsecondary educational institution, that:
3685	3685	15 (A) shares data with the commission for higher education
3686	3686	16 under IC 21-12-12-1; and
3687	3687	17 (B) is named as a defendant in a claim or suit in tort based on
3688	3688	18 any breach of the confidentiality of the data that occurs after
3689	3689	19 the institution has transmitted the data in compliance with
3690	3690	20 IC 21-12-12-1.
3691	3691	21 (6) (3) The state fair commission established by IC 15-13-2-1.
3692	3692	22 (7) (4) A member of the state fair commission established by
3693	3693	23 IC 15-13-2-1 or an employee of the state fair commission.
3694	3694	24 (8) (5) The state fair board established by IC 15-13-5-1.
3695	3695	25 (9) (6) A member of the state fair board established by
3696	3696	26 IC 15-13-5-1.
3697	3697	27 SECTION 90. IC 34-13-3-2.5, AS AMENDED BY P.L.111-2021,
3698	3698	28 SECTION 103, IS AMENDED TO READ AS FOLLOWS
3699	3699	29 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The addition of section 2(5)
3700	3700	30 2(2) of this chapter by SEA 146-2016, SECTION 1, does not apply to
3701	3701	31 a claim or suit in tort against a postsecondary educational institution if
3702	3702	32 filed before March 30, 2016.
3703	3703	33 SECTION 91. IC 34-30-2.1-20 IS REPEALED [EFFECTIVE JULY
3704	3704	34 1, 2024]. Sec. 20. IC 5-1-17-9.5 (Concerning members, officers,
3705	3705	35 employees, and the executive director of the Indiana stadium and
3706	3706	36 convention building authority for acts authorized by law).
3707	3707	37 SECTION 92. IC 34-30-2.1-25.5 IS ADDED TO THE INDIANA
3708	3708	38 CODE AS A NEW SECTION TO READ AS FOLLOWS
3709	3709	39 [EFFECTIVE JULY 1, 2024]: Sec. 25.5. IC 5-1.2-17-5 (Concerning
3710	3710	40 the execution of certain bonds, leases, obligations, or other
3711	3711	41 agreements by members, officers, and employees of the Indiana
3712	3712	42 finance authority and the public finance director).
3713	3713	2024 IN 1396—LS 6954/DI 144 87
3714	3714	1 SECTION 93. IC 34-30-2.1-30 IS REPEALED [EFFECTIVE JULY
3715	3715	2 1, 2024]. Sec. 30. IC 5-2-2-14(b) (Concerning the state for violations
3716	3716	3 of the law enforcement academy building commission law).
3717	3717	4 SECTION 94. IC 35-44.2-3-3 IS REPEALED [EFFECTIVE JULY
3718	3718	5 1, 2024]. Sec. 3. A member or person employed by the law
3719	3719	6 enforcement academy building commission who has a conflict of
3720	3720	7 interest with respect to an action by the commission is subject to
3721	3721	8 criminal prosecution under IC 5-2-2-11.
3722	3722	9 SECTION 95. IC 35-52-5-3 IS REPEALED [EFFECTIVE JULY 1,
3723	3723	10 2024]. Sec. 3. IC 5-2-2-11 defines a crime concerning the law
3724	3724	11 enforcement academy building commission.
3725	3725	12 SECTION 96. IC 35-52-25-19 IS REPEALED [EFFECTIVE JULY
3726	3726	13 1, 2024]. Sec. 19. IC 25-20-1-21 defines a crime concerning hearing
3727	3727	14 aid dealers.
3728	3728	15 SECTION 97. IC 36-1-12-13.1, AS AMENDED BY P.L.75-2012,
3729	3729	16 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3730	3730	17 JULY 1, 2024]: Sec. 13.1. (a) Except as provided in subsection (e), the
3731	3731	18 appropriate political subdivision or agency:
3732	3732	19 (1) shall require the contractor to execute a payment bond to the
3733	3733	20 appropriate political subdivision or agency, approved by and for
3734	3734	21 the benefit of the political subdivision or agency, in an amount
3735	3735	22 equal to the contract price if the cost of the public work is
3736	3736	23 estimated to be more than two hundred thousand dollars
3737	3737	24 ($200,000); and
3738	3738	25 (2) may require the contractor to execute a payment bond to the
3739	3739	26 appropriate political subdivision or agency, approved by and for
3740	3740	27 the benefit of the political subdivision or agency, in an amount
3741	3741	28 equal to the contract price if the cost of the public work is
3742	3742	29 estimated to be not more than two hundred thousand dollars
3743	3743	30 ($200,000).
3744	3744	31 The payment bond is binding on the contractor, the subcontractor, and
3745	3745	32 their successors and assigns for the payment of all indebtedness to a
3746	3746	33 person for labor and service performed, material furnished, or services
3747	3747	34 rendered. The payment bond must state that it is for the benefit of the
3748	3748	35 subcontractors, laborers, material suppliers, and those performing
3749	3749	36 services.
3750	3750	37 (b) The payment bond shall be deposited with the board. The
3751	3751	38 payment bond must specify that:
3752	3752	39 (1) a modification, omission, or addition to the terms and
3753	3753	40 conditions of the public work contract, plans, specifications,
3754	3754	41 drawings, or profile;
3755	3755	42 (2) a defect in the public work contract; or
3756	3756	2024 IN 1396—LS 6954/DI 144 88
3757	3757	1 (3) a defect in the proceedings preliminary to the letting and
3758	3758	2 awarding of the public work contract;
3759	3759	3 does not discharge the surety. The surety of the payment bond may not
3760	3760	4 be released until one (1) year after the board's final settlement with the
3761	3761	5 contractor.
3762	3762	6 (c) A person to whom money is due for labor performed, material
3763	3763	7 furnished, or services provided must, not later than sixty (60) days after
3764	3764	8 that person completed the labor or service or after that person furnished
3765	3765	9 the last item of material:
3766	3766	10 (1) file with the board signed duplicate statements of the amount
3767	3767	11 due; and
3768	3768	12 (2) deliver a copy of the statement to the contractor.
3769	3769	13 The board shall forward to the surety of the payment bond one (1) of
3770	3770	14 the signed duplicate statements. However, failure of the board to
3771	3771	15 forward a signed duplicate statement does not affect the rights of a
3772	3772	16 person to whom money is due. In addition, a failure of the board to
3773	3773	17 forward the statement does not operate as a defense for the surety.
3774	3774	18 (d) An action may not be brought against the surety before thirty
3775	3775	19 (30) days after:
3776	3776	20 (1) the filing of the signed duplicate statements with the board;
3777	3777	21 and
3778	3778	22 (2) delivery of a copy of the statement to the contractor.
3779	3779	23 If the indebtedness is not paid in full at the end of that thirty (30) day
3780	3780	24 period the person may bring an action in court. The court action must
3781	3781	25 be brought not later than sixty (60) days after the date of the final
3782	3782	26 completion and acceptance of the public work.
3783	3783	27 (e) This subsection applies to contracts for a capital improvement
3784	3784	28 entered into by, for, or on behalf of the Indiana stadium and convention
3785	3785	29 building finance authority by IC 5-1-17-6. under IC 5-1.2-17. The
3786	3786	30 board awarding the contract for the capital improvement project may
3787	3787	31 waive any payment bond requirement if the board, after public notice
3788	3788	32 and hearing, determines:
3789	3789	33 (1) that:
3790	3790	34 (A) an otherwise responsive and responsible bidder is unable
3791	3791	35 to provide the payment bond; or
3792	3792	36 (B) the cost or coverage of the payment bond is not in the best
3793	3793	37 interest of the project; and
3794	3794	38 (2) that an adequate alternative is provided through a letter of
3795	3795	39 credit, additional retainage of at least ten percent (10%) of the
3796	3796	40 contract amount, a joint payable check system, or other sufficient
3797	3797	41 protective mechanism.
3798	3798	42 SECTION 98. IC 36-1-12-14, AS AMENDED BY P.L.133-2007,
3799	3799	2024 IN 1396—LS 6954/DI 144 89
3800	3800	1 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3801	3801	2 JULY 1, 2024]: Sec. 14. (a) This section applies to public work
3802	3802	3 contracts in excess of two hundred thousand dollars ($200,000) for
3803	3803	4 projects other than highways, roads, streets, alleys, bridges, and
3804	3804	5 appurtenant structures situated on streets, alleys, and dedicated
3805	3805	6 highway rights-of-way. A board may require a contractor and
3806	3806	7 subcontractor to include contract provisions for retainage as set forth
3807	3807	8 in this section for contracts that are not more than two hundred
3808	3808	9 thousand dollars ($200,000). This section also applies to a lessor
3809	3809	10 corporation qualifying under IC 20-47-2 or IC 20-47-3 or any other
3810	3810	11 lease-back arrangement containing an option to purchase,
3811	3811	12 notwithstanding the statutory provisions governing those leases.
3812	3812	13 (b) A board that enters into a contract for public work, and a
3813	3813	14 contractor who subcontracts parts of that contract, shall include in their
3814	3814	15 respective contracts provisions for the retainage of portions of
3815	3815	16 payments by the board to contractors, by contractors to subcontractors,
3816	3816	17 and for the payment of subcontractors. At the discretion of the
3817	3817	18 contractor, the retainage shall be held by the board or shall be placed
3818	3818	19 in an escrow account with a bank, savings and loan institution, or the
3819	3819	20 state as the escrow agent. The escrow agent shall be selected by mutual
3820	3820	21 agreement between board and contractor or contractor and
3821	3821	22 subcontractor under a written agreement among the bank or savings
3822	3822	23 and loan institution and:
3823	3823	24 (1) the board and the contractor; or
3824	3824	25 (2) the subcontractor and the contractor.
3825	3825	26 The board shall not be required to pay interest on the amounts of
3826	3826	27 retainage that it holds under this section.
3827	3827	28 (c) To determine the amount of retainage to be withheld, the board
3828	3828	29 shall:
3829	3829	30 (1) withhold no more than ten percent (10%) nor less than six
3830	3830	31 percent (6%) of the dollar value of all work satisfactorily
3831	3831	32 completed until the public work is fifty percent (50%) completed,
3832	3832	33 and nothing further after that; or
3833	3833	34 (2) withhold no more than five percent (5%) nor less than three
3834	3834	35 percent (3%) of the dollar value of all work satisfactorily
3835	3835	36 completed until the public work is substantially completed.
3836	3836	37 If upon substantial completion of the public work minor items remain
3837	3837	38 uncompleted, an amount computed under subsection (f) shall be
3838	3838	39 withheld until those items are completed.
3839	3839	40 (d) The escrow agreement must contain the following provisions:
3840	3840	41 (1) The escrow agent shall invest all escrowed principal in
3841	3841	42 obligations selected by the escrow agent.
3842	3842	2024 IN 1396—LS 6954/DI 144 90
3843	3843	1 (2) The escrow agent shall hold the escrowed principal and
3844	3844	2 income until receipt of notice from the board and the contractor,
3845	3845	3 or the contractor and the subcontractor, specifying the part of the
3846	3846	4 escrowed principal to be released from the escrow and the person
3847	3847	5 to whom that portion is to be released. After receipt of the notice,
3848	3848	6 the escrow agent shall remit the designated part of escrowed
3849	3849	7 principal and the same proportion of then escrowed income to the
3850	3850	8 person specified in the notice.
3851	3851	9 (3) The escrow agent shall be compensated for the agent's
3852	3852	10 services. The parties may agree on a reasonable fee comparable
3853	3853	11 with fees being charged for the handling of escrow accounts of
3854	3854	12 similar size and duration. The fee shall be paid from the escrowed
3855	3855	13 income.
3856	3856	14 The escrow agreement may include other terms and conditions
3857	3857	15 consistent with this subsection, including provisions authorizing the
3858	3858	16 escrow agent to commingle the escrowed funds with funds held in
3859	3859	17 other escrow accounts and limiting the liability of the escrow agent.
3860	3860	18 (e) Except as provided by subsections (i) and (h), the contractor
3861	3861	19 shall furnish the board with a performance bond equal to the contract
3862	3862	20 price. If acceptable to the board, the performance bond may provide for
3863	3863	21 incremental bonding in the form of multiple or chronological bonds
3864	3864	22 that, when taken as a whole, equal the contract price. The surety on the
3865	3865	23 performance bond may not be released until one (1) year after the date
3866	3866	24 of the board's final settlement with the contractor. The performance
3867	3867	25 bond must specify that:
3868	3868	26 (1) a modification, omission, or addition to the terms and
3869	3869	27 conditions of the public work contract, plans, specifications,
3870	3870	28 drawings, or profile;
3871	3871	29 (2) a defect in the public work contract; or
3872	3872	30 (3) a defect in the proceedings preliminary to the letting and
3873	3873	31 awarding of the public work contract;
3874	3874	32 does not discharge the surety.
3875	3875	33 (f) The board or escrow agent shall pay the contractor within
3876	3876	34 sixty-one (61) days after the date of substantial completion, subject to
3877	3877	35 sections 11 and 12 of this chapter. Payment by the escrow agent shall
3878	3878	36 include all escrowed principal and escrowed income. If within
3879	3879	37 sixty-one (61) days after the date of substantial completion there
3880	3880	38 remain uncompleted minor items, an amount equal to two hundred
3881	3881	39 percent (200%) of the value of each item as determined by the
3882	3882	40 architect-engineer shall be withheld until the item is completed.
3883	3883	41 Required warranties begin not later than the date of substantial
3884	3884	42 completion.
3885	3885	2024 IN 1396—LS 6954/DI 144 91
3886	3886	1 (g) Actions against a surety on a performance bond must be brought
3887	3887	2 within one (1) year after the date of the board's final settlement with the
3888	3888	3 contractor.
3889	3889	4 (h) This subsection applies to public work contracts of less than two
3890	3890	5 hundred fifty thousand dollars ($250,000). The board may waive the
3891	3891	6 performance bond requirement of subsection (e) and accept from a
3892	3892	7 contractor an irrevocable letter of credit for an equivalent amount from
3893	3893	8 an Indiana financial institution approved by the department of financial
3894	3894	9 institutions instead of a performance bond. Subsections (e) through (g)
3895	3895	10 apply to a letter of credit submitted under this subsection.
3896	3896	11 (i) This subsection applies to the Indiana stadium and convention
3897	3897	12 building finance authority created by IC 5-1-17-6. under IC 5-1.2-17.
3898	3898	13 The board awarding the contract for a capital improvement project may
3899	3899	14 waive any performance bond requirement if the board, after public
3900	3900	15 notice and hearing, determines:
3901	3901	16 (1) that:
3902	3902	17 (A) an otherwise responsive and responsible bidder is unable
3903	3903	18 to provide the performance bond; or
3904	3904	19 (B) the cost or coverage of the performance bond is not in the
3905	3905	20 best interest of the project; and
3906	3906	21 (2) that an adequate alternative is provided through a letter of
3907	3907	22 credit, additional retainage of at least ten percent (10%) of the
3908	3908	23 contract amount, a joint payable check system, or other sufficient
3909	3909	24 protective mechanism.
3910	3910	25 SECTION 99. IC 36-7-7-4 IS AMENDED TO READ AS
3911	3911	26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The following
3912	3912	27 members of the commission shall be appointed from each county in the
3913	3913	28 region:
3914	3914	29 (1) A representative of the county executive who may be either a
3915	3915	30 member of the executive or a person appointed by it.
3916	3916	31 (2) A representative of the county fiscal body who must be a
3917	3917	32 member of the fiscal body.
3918	3918	33 (b) The following members of the commission shall be appointed
3919	3919	34 from each county in the region having a population of more than fifty
3920	3920	35 thousand (50,000):
3921	3921	36 (1) The county surveyor or a person appointed by the surveyor.
3922	3922	37 (2) Two (2) persons appointed by the executive of each
3923	3923	38 municipality having a population of more than fifty thousand
3924	3924	39 (50,000).
3925	3925	40 (3) One (1) person appointed by the executive of each of the
3926	3926	41 seven (7) largest municipalities having a population of less than
3927	3927	42 fifty thousand (50,000). If there are fewer than seven (7)
3928	3928	2024 IN 1396—LS 6954/DI 144 92
3929	3929	1 municipalities, enough additional persons appointed by the county
3930	3930	2 executive to bring the total appointed under this subdivision to
3931	3931	3 seven (7).
3932	3932	4 (c) The following members of the commission shall be appointed
3933	3933	5 from each county in the region having a population of less than fifty
3934	3934	6 thousand (50,000):
3935	3935	7 (1) One (1) person appointed by the executive of each of the five
3936	3936	8 (5) largest municipalities or of each municipality if there are
3937	3937	9 fewer than five (5).
3938	3938	10 (2) If there are fewer than five (5) municipalities, enough
3939	3939	11 additional persons appointed by the county executive to bring the
3940	3940	12 total appointed under this subsection to five (5).
3941	3941	13 (d) One (1) voting member of the commission shall be appointed by
3942	3942	14 the governor.
3943	3943	15 (e) (d) At least two-thirds (2/3) of the commission members must
3944	3944	16 be elected officials. All persons appointed to the commission must be:
3945	3945	17 (1) knowledgeable in matters of physical, social, or economic
3946	3946	18 development of the region; and
3947	3947	19 (2) residents of the municipality, county, or region that they
3948	3948	20 represent.
3949	3949	21 A member of the commission may also serve as a member of a plan
3950	3950	22 commission in the region.
3951	3951	23 (f) (e) Members of the commission shall serve without salary but
3952	3952	24 may be reimbursed for expenses incurred in the performance of their
3953	3953	25 duties.
3954	3954	26 (g) (f) The respective appointing authorities shall certify their
3955	3955	27 appointments, and the certification shall be retained as a part of the
3956	3956	28 records of the commission.
3957	3957	29 (h) (g) If a vacancy occurs by resignation or otherwise, the
3958	3958	30 respective appointing authority shall appoint a member for the
3959	3959	31 unexpired term. Members shall be certified annually, and their terms
3960	3960	32 expire on December 31 of each year.
3961	3961	33 SECTION 100. IC 36-7-7.6-4, AS AMENDED BY P.L.11-2023,
3962	3962	34 SECTION 120, IS AMENDED TO READ AS FOLLOWS
3963	3963	35 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The following members shall
3964	3964	36 be appointed to the commission:
3965	3965	37 (1) A member of the county executive of each county described
3966	3966	38 in section 1 of this chapter, to be appointed by the county
3967	3967	39 executive.
3968	3968	40 (2) A member of the county fiscal body of each county described
3969	3969	41 in section 1 of this chapter, to be appointed by the county fiscal
3970	3970	42 body.
3971	3971	2024 IN 1396—LS 6954/DI 144 93
3972	3972	1 (3) The county surveyor of each county described in section 1 of
3973	3973	2 this chapter.
3974	3974	3 (4) For a county having a population of not more than four
3975	3975	4 hundred thousand (400,000), one (1) person appointed by the
3976	3976	5 executive of each of the eleven (11) largest municipalities.
3977	3977	6 (5) For a county having a population of more than four hundred
3978	3978	7 thousand (400,000) and less than seven hundred thousand
3979	3979	8 (700,000), one (1) person appointed by the executive of each of
3980	3980	9 the nineteen (19) largest municipalities.
3981	3981	10 (6) Beginning July 1, 2007, one (1) person appointed by the
3982	3982	11 trustee of each township that:
3983	3983	12 (A) is located in a county described in section 1 of this
3984	3984	13 chapter;
3985	3985	14 (B) has a population of at least eight thousand (8,000); and
3986	3986	15 (C) does not contain a municipality.
3987	3987	16 (b) One (1) voting member of the commission shall be appointed by
3988	3988	17 the governor. The member appointed under this subsection may not
3989	3989	18 vote in a weighted vote under section 9 of this chapter.
3990	3990	19 (c) (b) A member of the commission who is a county surveyor may
3991	3991	20 not vote in a weighted vote under section 9 of this chapter.
3992	3992	21 SECTION 101. IC 36-7-7.6-10, AS AMENDED BY P.L.39-2007,
3993	3993	22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3994	3994	23 JULY 1, 2024]: Sec. 10. (a) The commission shall elect from among its
3995	3995	24 members, by the affirmative votes of a majority of the members serving
3996	3996	25 on the commission, an executive board that consists of the following:
3997	3997	26 (1) The four (4) officers of the commission.
3998	3998	27 (2) Two (2) members of the commission from each county
3999	3999	28 described in section 1 of this chapter.
4000	4000	29 (3) The member of the commission appointed by the governor.
4001	4001	30 (b) If a vacancy occurs in a position on the executive board referred
4002	4002	31 to in subsection (a)(2), a successor shall be elected from among the
4003	4003	32 members in the same manner as the member whose position has been
4004	4004	33 vacated.
4005	4005	34 (c) The executive board shall conduct the business of the
4006	4006	35 commission, except for:
4007	4007	36 (1) the adoption and amendment of bylaws, rules, and procedures
4008	4008	37 for the operation of the commission;
4009	4009	38 (2) the election of officers and members of the executive board as
4010	4010	39 provided in this chapter; and
4011	4011	40 (3) the adoption of the annual appropriation budget after review
4012	4012	41 by the executive board.
4013	4013	42 (d) The executive board shall meet regularly at least one (1) time
4014	4014	2024 IN 1396—LS 6954/DI 144 94
4015	4015	1 each month, unless otherwise determined by its members. The
4016	4016	2 executive board shall notify the full membership of the commission of
4017	4017	3 all its meetings with copies of its preliminary or final agendas and shall
4018	4018	4 report all its actions and determinations to the full membership of the
4019	4019	5 commission.
4020	4020	6 (e) A majority of members of the executive board constitutes a
4021	4021	7 quorum. An action of the executive board is official only if it is
4022	4022	8 authorized by an affirmative vote of a majority of the total number of
4023	4023	9 members serving on the board at a regular or properly called special
4024	4024	10 meeting. Any action of the executive board shall be reviewed at the
4025	4025	11 next regular meeting of the commission following the executive board's
4026	4026	12 action. Upon either:
4027	4027	13 (1) a decision by the majority of the board; or
4028	4028	14 (2) written request of a member of the commission;
4029	4029	15 an issue shall be brought to a vote of the full commission.
4030	4030	16 (f) If the immediate past chairperson is not serving as a member of
4031	4031	17 the executive board under subsection (a), that individual shall be a
4032	4032	18 nonvoting member of the executive board.
4033	4033	19 SECTION 102. IC 36-7-31-10, AS AMENDED BY P.L.109-2019,
4034	4034	20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4035	4035	21 JULY 1, 2024]: Sec. 10. (a) A commission may establish as part of a
4036	4036	22 professional sports development area any facility or complex of
4037	4037	23 facilities described in this section. The tax area may include a facility
4038	4038	24 or complex of facilities described in this section and any parcel of land
4039	4039	25 on which the facility or complex of facilities is located. An area may
4040	4040	26 contain noncontiguous tracts of land within the county.
4041	4041	27 (b) Before July 1, 2019, the tax area may include any facility or
4042	4042	28 complex of facilities:
4043	4043	29 (1) that is used in the training of a team engaged in professional
4044	4044	30 sporting events;
4045	4045	31 (2) that is:
4046	4046	32 (A) financed in whole or in part by:
4047	4047	33 (i) notes or bonds issued by a political subdivision or issued
4048	4048	34 under IC 36-10-9 or IC 36-10-9.1; or
4049	4049	35 (ii) a lease or other agreement under IC 5-1-17 (before its
4050	4050	36 repeal); and
4051	4051	37 (B) used to hold a professional sporting event; or
4052	4052	38 (3) that consists of a hotel, motel, or a multibrand complex of
4053	4053	39 hotels and motels, with significant meeting space:
4054	4054	40 (A) located in an area in Indianapolis, Indiana, bounded on the
4055	4055	41 east by Illinois Street, on the south by Maryland Street, and on
4056	4056	42 the west and north by Washington Street, as those streets were
4057	4057	2024 IN 1396—LS 6954/DI 144 95
4058	4058	1 located on June 1, 2009;
4059	4059	2 (B) that provides:
4060	4060	3 (i) convenient accommodations for consideration to the
4061	4061	4 general public for periods of less than thirty (30) days,
4062	4062	5 especially for individuals attending professional sporting
4063	4063	6 events, conventions, or similar events in the capital
4064	4064	7 improvements that are owned, leased, or operated by the
4065	4065	8 capital improvement board; and
4066	4066	9 (ii) significant meeting and convention space that directly
4067	4067	10 enhances events held in the capital improvements that are
4068	4068	11 owned, leased, or operated by the capital improvement
4069	4069	12 board; and
4070	4070	13 (C) that enhances the convention opportunities for the capital
4071	4071	14 improvement board to hold events that:
4072	4072	15 (i) would not otherwise be possible; and
4073	4073	16 (ii) directly affect the success of both the facilities and
4074	4074	17 capital improvements that are owned, leased, or operated by
4075	4075	18 the capital improvement board.
4076	4076	19 (c) After June 30, 2019, and in addition to the tax area described in
4077	4077	20 subsection (b), the tax area may also include any facility or complex of
4078	4078	21 facilities:
4079	4079	22 (1) that consists of a hotel, motel, or a multibrand complex of
4080	4080	23 hotels located in an area in Indianapolis, Indiana:
4081	4081	24 (A) in the southeast quadrant of an area bounded on the east
4082	4082	25 by Pennsylvania Street, on the south by Georgia Street, on the
4083	4083	26 west by Meridian Street, and on the north by Maryland Street,
4084	4084	27 as those streets were located on July 1, 2019;
4085	4085	28 (B) bounded on the west by Capitol Avenue, on the south by
4086	4086	29 South Street, on the east by Meridian Street, and on the north
4087	4087	30 by Louisiana Street, as those streets were located on July 1,
4088	4088	31 2019;
4089	4089	32 (C) bounded on the west by Illinois Street, on the south by
4090	4090	33 Jackson Place, on the east by McCrea Street, and on the north
4091	4091	34 by Georgia Street, as those streets were located on July 1,
4092	4092	35 2019;
4093	4093	36 (D) bounded on the west by Capitol Avenue, on the south by
4094	4094	37 Washington Street, on the east by Illinois Street, and on the
4095	4095	38 north by Court Street, as those streets were located on July 1,
4096	4096	39 2019;
4097	4097	40 (E) bounded on the west by Illinois Street, on the south by
4098	4098	41 Washington Street, on the east by Meridian Street, and on the
4099	4099	42 north by Market Street, as those streets were located on July 1,
4100	4100	2024 IN 1396—LS 6954/DI 144 96
4101	4101	1 2019;
4102	4102	2 (F) bounded on the west by Capitol Avenue, on the south by
4103	4103	3 Market Street, on the east by Illinois Street, and on the north
4104	4104	4 by Wabash Street, as those streets were located on July 1,
4105	4105	5 2019;
4106	4106	6 (G) bounded on the west by Pierson Street, on the south by
4107	4107	7 Wabash Street, on the east by Meridian Street, and on the
4108	4108	8 north by Ohio Street, as those streets were located on July 1,
4109	4109	9 2019;
4110	4110	10 (H) in the south half of an area bounded on the west by
4111	4111	11 Delaware Street, on the south by South Street, on the east by
4112	4112	12 Alabama Street, and on the north by Maryland Street, as those
4113	4113	13 streets were located on July 1, 2019; or
4114	4114	14 (I) bounded on the west by Illinois Street, on the south by
4115	4115	15 Georgia Street, on the east by Meridian Street, and on the
4116	4116	16 north by Maryland Street, as those streets were located on July
4117	4117	17 1, 2019; and
4118	4118	18 (2) that provides convenient accommodations for consideration to
4119	4119	19 the general public for periods of less than thirty (30) days,
4120	4120	20 especially for individuals attending professional sporting events,
4121	4121	21 conventions, or similar events in the capital improvements that
4122	4122	22 are owned, leased, or operated by the capital improvement board.
4123	4123	23 (d) With respect to the site or future site of a facility or complex of
4124	4124	24 facilities described in subsections (b)(3) and (c), the general assembly
4125	4125	25 finds the following:
4126	4126	26 (1) That the facility or complex of facilities in the tax area
4127	4127	27 provides both convenient accommodations for professional
4128	4128	28 sporting events, conventions, or similar events and significant
4129	4129	29 meeting and convention space that directly enhance events held
4130	4130	30 in the capital improvements that are owned, leased, or operated by
4131	4131	31 the capital improvement board.
4132	4132	32 (2) That the facility or complex of facilities in the tax area and the
4133	4133	33 capital improvements that are owned, leased, or operated by the
4134	4134	34 capital improvement board are integrally related to enhancing the
4135	4135	35 convention opportunities that directly affect the success of both
4136	4136	36 the facilities and capital improvements.
4137	4137	37 (3) That the facility or complex of facilities in the tax area
4138	4138	38 provides the opportunity for the capital improvement board to
4139	4139	39 hold events that would not otherwise be possible.
4140	4140	40 (4) That the facility or complex of facilities in the tax area
4141	4141	41 protects or increases state and local tax bases and tax revenues.
4142	4142	42 SECTION 103. IC 36-7-31-11, AS AMENDED BY P.L.109-2019,
4143	4143	2024 IN 1396—LS 6954/DI 144 97
4144	4144	1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4145	4145	2 JULY 1, 2024]: Sec. 11. (a) A tax area must be initially established
4146	4146	3 before July 1, 1999, according to the procedures set forth for the
4147	4147	4 establishment of an economic development area under IC 36-7-15.1.
4148	4148	5 A tax area may be changed (including to the exclusion or inclusion of
4149	4149	6 a facility described in this chapter) or the terms governing the tax area
4150	4150	7 may be revised in the same manner as the establishment of the initial
4151	4151	8 tax area. However, a tax area may be changed as follows:
4152	4152	9 (1) After May 14, 2005, a tax area may be changed to include the
4153	4153	10 site or future site of a facility that is or will be the subject of a
4154	4154	11 lease or other agreement entered into between the capital
4155	4155	12 improvement board and the Indiana stadium and convention
4156	4156	13 building finance authority or any state agency under
4157	4157	14 IC 5-1-17-26. IC 5-1.2-17-24.
4158	4158	15 (2) A tax area may be changed to include the site or future site of
4159	4159	16 a facility or complex of facilities described in section 10(b)(3) and
4160	4160	17 10(c) of this chapter.
4161	4161	18 (3) The terms governing a tax area may be revised only with
4162	4162	19 respect to a facility or complex of facilities described in
4163	4163	20 subdivision (1) or (2).
4164	4164	21 (b) In establishing or changing the tax area or revising the terms
4165	4165	22 governing the tax area, the commission must do the following:
4166	4166	23 (1) With respect to a tax area change described in subsection
4167	4167	24 (a)(1), the commission must make the following findings instead
4168	4168	25 of the findings required for the establishment of economic
4169	4169	26 development areas:
4170	4170	27 (A) That a project to be undertaken or that has been
4171	4171	28 undertaken in the tax area is for a facility at which a
4172	4172	29 professional sporting event or a convention or similar event
4173	4173	30 will be held.
4174	4174	31 (B) That the project to be undertaken or that has been
4175	4175	32 undertaken in the tax area will benefit the public health and
4176	4176	33 welfare and will be of public utility and benefit.
4177	4177	34 (C) That the project to be undertaken or that has been
4178	4178	35 undertaken in the tax area will protect or increase state and
4179	4179	36 local tax bases and tax revenues.
4180	4180	37 (2) With respect to a tax area change described in subsection
4181	4181	38 (a)(2), the commission must make the following findings instead
4182	4182	39 of the findings required for the establishment of an economic
4183	4183	40 development area:
4184	4184	41 (A) That the facility or complex of facilities in the tax area
4185	4185	42 provides both convenient accommodations for professional
4186	4186	2024 IN 1396—LS 6954/DI 144 98
4187	4187	1 sporting events, conventions, or similar events and significant
4188	4188	2 meeting and convention space that directly enhance events
4189	4189	3 held in the capital improvements that are owned, leased, or
4190	4190	4 operated by the capital improvement board.
4191	4191	5 (B) That the facility or complex of facilities in the tax area and
4192	4192	6 the capital improvements that are owned, leased, or operated
4193	4193	7 by the capital improvement board are integrally related to
4194	4194	8 enhancing the convention opportunities that directly affect the
4195	4195	9 success of both the facilities and capital improvements.
4196	4196	10 (C) That the facility or complex of facilities in the tax area
4197	4197	11 provides the opportunity for the capital improvement board to
4198	4198	12 hold events that would not otherwise be possible.
4199	4199	13 (D) That the facility or complex of facilities in the tax area
4200	4200	14 protects or increases state and local tax bases and tax
4201	4201	15 revenues.
4202	4202	16 (c) The tax area established by the commission under this chapter
4203	4203	17 is a special taxing district authorized by the general assembly to enable
4204	4204	18 the county to provide special benefits to taxpayers in the tax area by
4205	4205	19 promoting economic development that is of public use and benefit.
4206	4206	20 SECTION 104. IC 36-7-31-14.1, AS AMENDED BY P.L.109-2019,
4207	4207	21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4208	4208	22 JULY 1, 2024]: Sec. 14.1. (a) The budget director appointed under
4209	4209	23 IC 4-12-1-3 may determine that, commencing July 1, 2007, and
4210	4210	24 terminating January 1, 2041, there may be captured in the tax area up
4211	4211	25 to eleven million dollars ($11,000,000) per year in addition to the up
4212	4212	26 to five million dollars ($5,000,000) of state revenue to be captured by
4213	4213	27 the tax area under section 14 of this chapter for the professional sports
4214	4214	28 development area fund and in addition to the state revenue to be
4215	4215	29 captured by the part of the tax area covered by section 14.2 of this
4216	4216	30 chapter for the sports and convention facilities operating fund.
4217	4217	31 (b) The budget director's determination must specify that the
4218	4218	32 termination date of the tax area for purposes of the collection of the
4219	4219	33 additional revenue for the professional sports development area fund
4220	4220	34 is extended to not later than January 1, 2041.
4221	4221	35 (c) Following the budget director's determination, and commencing
4222	4222	36 July 1, 2007, the maximum total amount of revenue captured by the tax
4223	4223	37 area for state fiscal years ending before July 1, 2041, is sixteen million
4224	4224	38 dollars ($16,000,000) per year for the professional sports development
4225	4225	39 area fund.
4226	4226	40 (d) The additional revenue captured pursuant to a determination
4227	4227	41 under subsection (a) shall be distributed to the capital improvement
4228	4228	42 board or its designee. So long as there are any current or future
4229	4229	2024 IN 1396—LS 6954/DI 144 99
4230	4230	1 obligations owed by the capital improvement board to the Indiana
4231	4231	2 stadium and convention building finance authority created by
4232	4232	3 IC 5-1-17 under IC 5-1.2-17 or any state agency under a lease or
4233	4233	4 another agreement entered into between the capital improvement board
4234	4234	5 and the Indiana stadium and convention building finance authority or
4235	4235	6 any state agency under IC 5-1-17-26, IC 5-1.2-17-24, the capital
4236	4236	7 improvement board or its designee shall deposit the additional revenue
4237	4237	8 received under this subsection in a special fund, which may be used
4238	4238	9 only for the payment of the obligations described in this subsection.
4239	4239	10 SECTION 105. IC 36-7-31-21, AS AMENDED BY P.L.109-2019,
4240	4240	11 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4241	4241	12 JULY 1, 2024]: Sec. 21. (a) Except as provided in section 14.1 of this
4242	4242	13 chapter, the capital improvement board may use money distributed
4243	4243	14 from the professional sports development area fund established by
4244	4244	15 section 16(a) of this chapter only to construct and equip a capital
4245	4245	16 improvement that is used for a professional sporting event, including
4246	4246	17 the financing or refinancing of a capital improvement or the payment
4247	4247	18 of lease payments for a capital improvement.
4248	4248	19 (b) The capital improvement board or its designee shall deposit the
4249	4249	20 revenue received from the sports and convention facilities operating
4250	4250	21 fund established by section 16(b) of this chapter in a special fund,
4251	4251	22 which may be used only for paying usual and customary operating
4252	4252	23 expenses with respect to the capital improvements that are owned,
4253	4253	24 leased, or operated by the capital improvement board. The special fund
4254	4254	25 may not be used for the payment of any current or future obligations
4255	4255	26 owed by the capital improvement board to the Indiana stadium and
4256	4256	27 convention building finance authority created by IC 5-1-17 under
4257	4257	28 IC 5-1.2-17 or any state agency under a lease or another agreement
4258	4258	29 entered into between the capital improvement board and the Indiana
4259	4259	30 stadium and convention building finance authority or any state agency
4260	4260	31 under IC 5-1-17-26. IC 5-1.2-17-24.
4261	4261	32 (c) Revenues available for deposit in the sports and convention
4262	4262	33 facilities operating fund may be pledged to secure and provide for the
4263	4263	34 payment of bond or lease obligations of the capital improvement board
4264	4264	35 related to the construction or equipping of a capital improvement that
4265	4265	36 is used for a professional sporting event or convention, including by a
4266	4266	37 deposit or transfer of revenues into the capital improvement bond fund
4267	4267	38 under IC 36-10-9-11.
4268	4268	39 SECTION 106. IC 36-10-9-6, AS AMENDED BY P.L.109-2019,
4269	4269	40 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4270	4270	41 JULY 1, 2024]: Sec. 6. The board may, acting under the title "capital
4271	4271	42 improvement board of managers of __________ County", do the
4272	4272	2024 IN 1396—LS 6954/DI 144 100
4273	4273	1 following:
4274	4274	2 (1) Acquire by grant, purchase, gift, devise, lease, condemnation,
4275	4275	3 or otherwise, and hold, use, sell, lease, or dispose of, real and
4276	4276	4 personal property and all property rights and interests necessary
4277	4277	5 or convenient for the exercise of its powers under this chapter.
4278	4278	6 (2) Construct, reconstruct, repair, remodel, enlarge, extend, or add
4279	4279	7 to any capital improvement built or acquired by the board under
4280	4280	8 this chapter.
4281	4281	9 (3) Control and operate a capital improvement, including letting
4282	4282	10 concessions and leasing all or part of the capital improvement.
4283	4283	11 (4) Fix charges and establish rules governing the use of a capital
4284	4284	12 improvement.
4285	4285	13 (5) Accept gifts or contributions from individuals, corporations,
4286	4286	14 limited liability companies, partnerships, associations, trusts, or
4287	4287	15 political subdivisions, foundations, and funds, loans, or advances
4288	4288	16 on the terms that the board considers necessary or desirable from
4289	4289	17 the United States, the state, and any political subdivision or
4290	4290	18 department of either, including entering into and carrying out
4291	4291	19 contracts and agreements in connection with this subdivision.
4292	4292	20 (6) Exercise within and in the name of the county the power of
4293	4293	21 eminent domain under general statutes governing the exercise of
4294	4294	22 the power for a public purpose.
4295	4295	23 (7) Receive and collect money due for the use or leasing of a
4296	4296	24 capital improvement and from concessions and other contracts,
4297	4297	25 and expend the money for proper purposes.
4298	4298	26 (8) Receive excise taxes, income taxes, and ad valorem property
4299	4299	27 taxes and expend the money for operating expenses, payments of
4300	4300	28 principal or interest of bonds or notes issued under this chapter,
4301	4301	29 and for all or part of the cost of a capital improvement.
4302	4302	30 (9) Retain the services of architects, engineers, accountants,
4303	4303	31 attorneys, and consultants and hire employees upon terms and
4304	4304	32 conditions established by the board, so long as any employees or
4305	4305	33 members of the board authorized to receive, collect, and expend
4306	4306	34 money are covered by a fidelity bond, the amount of which shall
4307	4307	35 be fixed by the board. Funds may not be disbursed by an
4308	4308	36 employee or member of the board without prior specific approval
4309	4309	37 by the board.
4310	4310	38 (10) Provide coverage for its employees under IC 22-3 and
4311	4311	39 IC 22-4.
4312	4312	40 (11) Purchase public liability and other insurance considered
4313	4313	41 desirable.
4314	4314	42 (12) Subject to section 6.5 of this chapter, make and enter into all
4315	4315	2024 IN 1396—LS 6954/DI 144 101
4316	4316	1 contracts and agreements necessary or incidental to the
4317	4317	2 performance of its duties and the execution of its powers under
4318	4318	3 this chapter, including the enforcement of them.
4319	4319	4 (13) Sue and be sued in the name and style of "capital
4320	4320	5 improvement board of managers of ___________ County"
4321	4321	6 (including the name of the county), service of process being had
4322	4322	7 by leaving a copy at the board's office.
4323	4323	8 (14) Prepare and publish descriptive material and literature
4324	4324	9 relating to the facilities and advantages of a capital improvement
4325	4325	10 and do all other acts that the board considers necessary to
4326	4326	11 promote and publicize the capital improvement, including the
4327	4327	12 convention and visitor industry, and serve the commercial,
4328	4328	13 industrial, and cultural interests of Indiana and its citizens. The
4329	4329	14 board may assist, cooperate, and fund governmental, public, and
4330	4330	15 private agencies and groups for these purposes.
4331	4331	16 (15) Enter into leases of capital improvements and sell or lease
4332	4332	17 property under IC 5-1-17 IC 5-1.2-17 or IC 36-10-9.1.
4333	4333	18 SECTION 107. [EFFECTIVE UPON PASSAGE] (a) The terms of
4334	4334	19 all of the members serving on the advisory committee established
4335	4335	20 under IC 4-23-7.2-21 expire June 30, 2024.
4336	4336	21 (b) This SECTION expires July 1, 2025.
4337	4337	22 SECTION 108. [EFFECTIVE UPON PASSAGE] (a) As used in
4338	4338	23 this SECTION, "commission" means the Indiana commission for
4339	4339	24 arts and humanities in education established under IC 4-23-12-1.
4340	4340	25 (b) As used in this SECTION, "department" means the
4341	4341	26 department of education.
4342	4342	27 (c) On July 1, 2024, all agreements and liabilities of the
4343	4343	28 commission are transferred to the department, as the successor
4344	4344	29 agency.
4345	4345	30 (d) On July 1, 2024, all records and property of the commission,
4346	4346	31 including appropriations and other funds under the control or
4347	4347	32 supervision of the commission, are transferred to the department,
4348	4348	33 as the successor agency.
4349	4349	34 (e) After July 1, 2024, any amounts owed to the commission
4350	4350	35 before July 1, 2024, are considered to be owed to the department,
4351	4351	36 as the successor agency.
4352	4352	37 (f) After July 1, 2024, a reference to the commission in a statute,
4353	4353	38 rule, contract, lease, or other document is considered a reference
4354	4354	39 to the department, as the successor agency.
4355	4355	40 (g) All powers, duties, agreements, and liabilities of the
4356	4356	41 commission with respect to bonds issued by the commission in
4357	4357	42 connection with any trust agreement or indenture securing those
4358	4358	2024 IN 1396—LS 6954/DI 144 102
4359	4359	1 bonds are transferred to the department, as the successor agency.
4360	4360	2 The rights of the trustee under any trust agreement or indenture
4361	4361	3 and the rights of the bondholders of the commission remain
4362	4362	4 unchanged, although the powers, duties, agreements, and liabilities
4363	4363	5 of the commission have been transferred to the department, as the
4364	4364	6 successor agency.
4365	4365	7 (h) The terms of all members serving on the commission expire
4366	4366	8 June 30, 2024.
4367	4367	9 (i) This SECTION expires July 1, 2025.
4368	4368	10 SECTION 109. [EFFECTIVE UPON PASSAGE] (a) As used in
4369	4369	11 this SECTION, "board" means the board for the coordination of
4370	4370	12 programs serving vulnerable individuals established under
4371	4371	13 IC 4-23-30.2.
4372	4372	14 (b) As used in this SECTION, "commission" means the civil
4373	4373	15 rights commission established under IC 22-9-1-4.
4374	4374	16 (c) On July 1, 2024, all agreements and liabilities of the board
4375	4375	17 are transferred to the commission, as the successor.
4376	4376	18 (d) On July 1, 2024, all records and property of the board,
4377	4377	19 including appropriations and other funds under the control or
4378	4378	20 supervision of the board, are transferred to the commission, as the
4379	4379	21 successor.
4380	4380	22 (e) After July 1, 2024, any amounts owed to the board before
4381	4381	23 July 1, 2024, are considered to be owed to the commission, as the
4382	4382	24 successor. The commission shall transfer any amounts received
4383	4383	25 under this subsection to the state comptroller for deposit in the
4384	4384	26 state general fund.
4385	4385	27 (f) After July 1, 2024, a reference to the board in a statute, rule,
4386	4386	28 or other document is considered a reference to the commission, as
4387	4387	29 the successor.
4388	4388	30 (g) All powers, duties, agreements, and liabilities of the board
4389	4389	31 with respect to bonds issued by the board in connection with any
4390	4390	32 trust agreement or indenture securing those bonds are transferred
4391	4391	33 to the commission, as the successor. The rights of the trustee under
4392	4392	34 any trust agreement or indenture and the rights of the bondholders
4393	4393	35 of the board remain unchanged, although the powers, duties,
4394	4394	36 agreements, and liabilities of the board have been transferred to
4395	4395	37 the commission, as the successor.
4396	4396	38 (h) The terms of all members serving on the board expire June
4397	4397	39 30, 2024.
4398	4398	40 (i) The director and employees of the board on June 30, 2024,
4399	4399	41 become employees of the commission on July 1, 2024, without
4400	4400	42 change in compensation, seniority, or benefits and are entitled to
4401	4401	2024 IN 1396—LS 6954/DI 144 103
4402	4402	1 have their service under the board included for purposes of
4403	4403	2 computing any applicable employment and retirement benefits.
4404	4404	3 The director and employees described in this subsection are
4405	4405	4 appointed by operation of law under IC 22-9-13-7, as added by this
4406	4406	5 act.
4407	4407	6 (j) This SECTION expires July 1, 2025.
4408	4408	7 SECTION 110. [EFFECTIVE UPON PASSAGE] (a) As used in
4409	4409	8 this SECTION, "finance authority" means the Indiana finance
4410	4410	9 authority.
4411	4411	10 (b) As used in this SECTION, "stadium building entity" means
4412	4412	11 the Indiana stadium and convention building authority established
4413	4413	12 under IC 5-1-17.
4414	4414	13 (c) On July 1, 2024, all agreements and liabilities of the stadium
4415	4415	14 building entity are transferred to the finance authority, as the
4416	4416	15 successor.
4417	4417	16 (d) On July 1, 2024, all records and property of the stadium
4418	4418	17 building entity, including appropriations and other funds under the
4419	4419	18 control or supervision of the stadium building entity, are
4420	4420	19 transferred to the finance authority, as the successor.
4421	4421	20 (e) After July 1, 2024, any amounts owed to the stadium
4422	4422	21 building entity before July 1, 2024, are considered to be owed to
4423	4423	22 the finance authority, as the successor.
4424	4424	23 (f) After July 1, 2024, a reference to the stadium building entity
4425	4425	24 in a statute, rule, contract, lease, or other document is considered
4426	4426	25 a reference to the finance authority, as the successor.
4427	4427	26 (g) All powers, duties, agreements, and liabilities of the stadium
4428	4428	27 building entity with respect to bonds issued by the stadium
4429	4429	28 building entity in connection with any trust agreement or
4430	4430	29 indenture securing those bonds are transferred to the finance
4431	4431	30 authority, as the successor. The rights of the trustee under any
4432	4432	31 trust agreement or indenture and the rights of the bondholders of
4433	4433	32 the stadium building entity remain unchanged, although the
4434	4434	33 powers, duties, agreements, and liabilities of the stadium building
4435	4435	34 entity have been transferred to the finance authority, as the
4436	4436	35 successor.
4437	4437	36 (h) The terms of all members serving on the board of directors
4438	4438	37 of the stadium building entity expire June 30, 2024.
4439	4439	38 (i) Employees of the stadium building entity on June 30, 2024,
4440	4440	39 become employees of the finance authority on July 1, 2024, without
4441	4441	40 change in compensation, seniority, or benefits and are entitled to
4442	4442	41 have their service under the stadium building entity included for
4443	4443	42 purposes of computing any applicable employment and retirement
4444	4444	2024 IN 1396—LS 6954/DI 144 104
4445	4445	1 benefits.
4446	4446	2 (j) This SECTION expires July 1, 2025.
4447	4447	3 SECTION 111. [EFFECTIVE UPON PASSAGE] (a) As used in
4448	4448	4 this SECTION, "commission" means the law enforcement
4449	4449	5 academy building commission established under IC 5-2-2-1.
4450	4450	6 (b) As used in this SECTION, "department" means the state
4451	4451	7 police department.
4452	4452	8 (c) On July 1, 2024, all agreements and liabilities of the
4453	4453	9 commission are transferred to the department, as the successor
4454	4454	10 agency.
4455	4455	11 (d) On July 1, 2024, all records and property of the commission,
4456	4456	12 including appropriations and other funds under the control or
4457	4457	13 supervision of the commission, are transferred to the department,
4458	4458	14 as the successor agency.
4459	4459	15 (e) After July 1, 2024, any amounts owed to the commission
4460	4460	16 before July 1, 2024, are considered to be owed to the department,
4461	4461	17 as the successor agency.
4462	4462	18 (f) After July 1, 2024, a reference to the commission in a statute,
4463	4463	19 rule, contract, lease, or other document is considered a reference
4464	4464	20 to the department, as the successor agency.
4465	4465	21 (g) All powers, duties, agreements, and liabilities of the
4466	4466	22 commission with respect to bonds issued by the commission in
4467	4467	23 connection with any trust agreement or indenture securing those
4468	4468	24 bonds are transferred to the department, as the successor agency.
4469	4469	25 The rights of the trustee under any trust agreement or indenture
4470	4470	26 and the rights of the bondholders of the commission remain
4471	4471	27 unchanged, although the powers, duties, agreements, and liabilities
4472	4472	28 of the commission have been transferred to the department, as the
4473	4473	29 successor agency.
4474	4474	30 (h) The terms of all members serving on the commission expire
4475	4475	31 June 30, 2024.
4476	4476	32 (i) This SECTION expires July 1, 2025.
4477	4477	33 SECTION 112. [EFFECTIVE UPON PASSAGE] (a) As used in
4478	4478	34 this SECTION, "board" means the standardbred advisory board
4479	4479	35 established under IC 15-19-2.
4480	4480	36 (b) As used in this SECTION, "committee" means a breed
4481	4481	37 development advisory committee established under IC 4-31-11
4482	4482	38 before July 1, 2024.
4483	4483	39 (c) As used in this SECTION, "commission" means the Indiana
4484	4484	40 horse racing commission.
4485	4485	41 (d) As used in this SECTION, "development committee" means
4486	4486	42 the breed development advisory committee established after June
4487	4487	2024 IN 1396—LS 6954/DI 144 105
4488	4488	1 30, 2024, under IC 4-31-11-3, as amended by this act.
4489	4489	2 (e) As used in this SECTION, "separate breed fund" means a
4490	4490	3 separate breed development fund established under IC 4-31-11-10
4491	4491	4 before July 1, 2024.
4492	4492	5 (f) As used in this SECTION, "standardbred fund" means the
4493	4493	6 standardbred horse fund established under IC 15-19-2-10 before
4494	4494	7 July 1, 2024.
4495	4495	8 (g) As used in this SECTION, "development fund" means the
4496	4496	9 breed development fund established under IC 4-31-11-10.5, as
4497	4497	10 added by this act.
4498	4498	11 (h) On July 1, 2024, all agreements and liabilities of a committee
4499	4499	12 or the board are transferred to the development committee, as the
4500	4500	13 successor.
4501	4501	14 (i) On July 1, 2024, all records and property of a committee or
4502	4502	15 the board, including appropriations and other funds under the
4503	4503	16 control or supervision of a committee or the board, are transferred
4504	4504	17 to the development committee, as the successor.
4505	4505	18 (j) After July 1, 2024, any amounts owed to a committee or the
4506	4506	19 board before July 1, 2024, are considered to be owed to the
4507	4507	20 development committee, as the successor. The commission shall
4508	4508	21 transfer any amounts received under this subsection to the
4509	4509	22 development fund.
4510	4510	23 (k) After July 1, 2024, a reference to a committee or the board
4511	4511	24 in a statute, rule, or other document is considered a reference to
4512	4512	25 the development committee, as the successor.
4513	4513	26 (l) All powers, duties, agreements, and liabilities of a committee
4514	4514	27 or the board with respect to bonds issued by a committee or the
4515	4515	28 board in connection with any trust agreement or indenture
4516	4516	29 securing those bonds are transferred to the development
4517	4517	30 committee, as the successor. The rights of the trustee under any
4518	4518	31 trust agreement or indenture and the rights of the bondholders of
4519	4519	32 a committee or the board remain unchanged, although the powers,
4520	4520	33 duties, agreements, and liabilities of a committee or the board have
4521	4521	34 been transferred to the development committee, as the successor.
4522	4522	35 (m) The terms of all members serving on a committee or the
4523	4523	36 board expire June 30, 2024.
4524	4524	37 (n) On July 1, 2024, the commission shall transfer any amounts
4525	4525	38 that remain in the standardbred fund or a separate breed fund to
4526	4526	39 the development fund.
4527	4527	40 (o) This SECTION expires July 1, 2025.
4528	4528	41 SECTION 113. [EFFECTIVE UPON PASSAGE] (a) As used in
4529	4529	42 this SECTION, "commission" means the Lewis and Clark
4530	4530	2024 IN 1396—LS 6954/DI 144 106
4531	4531	1 expedition commission established under IC 14-20-15-3 (before its
4532	4532	2 repeal by this act).
4533	4533	3 (b) As used in this SECTION, "department" means the
4534	4534	4 department of natural resources.
4535	4535	5 (c) On July 1, 2024, all agreements and liabilities of the
4536	4536	6 commission are transferred to the department, as the successor
4537	4537	7 agency.
4538	4538	8 (d) Except as provided in subsection (e), on July 1, 2024, all
4539	4539	9 records and property of the commission, including appropriations
4540	4540	10 and other funds under the control or supervision of the
4541	4541	11 commission, are transferred to the department, as the successor
4542	4542	12 agency.
4543	4543	13 (e) On July 1, 2024, the state comptroller shall transfer the
4544	4544	14 balance that remains on June 30, 2024, in the Lewis and Clark
4545	4545	15 expedition fund to the state general fund.
4546	4546	16 (f) After July 1, 2024, any amounts owed to the commission
4547	4547	17 before July 1, 2024, are considered to be owed to the department,
4548	4548	18 as the successor agency. The department shall transfer any
4549	4549	19 amounts received under this subsection to the state comptroller for
4550	4550	20 deposit in the state general fund.
4551	4551	21 (g) After July 1, 2024, a reference to the commission in a statute,
4552	4552	22 rule, or other document is considered a reference to the
4553	4553	23 department, as the successor agency.
4554	4554	24 (h) All powers, duties, agreements, and liabilities of the
4555	4555	25 commission with respect to bonds issued by the commission in
4556	4556	26 connection with any trust agreement or indenture securing those
4557	4557	27 bonds are transferred to the department, as the successor agency.
4558	4558	28 The rights of the trustee under any trust agreement or indenture
4559	4559	29 and the rights of the bondholders of the commission remain
4560	4560	30 unchanged, although the powers, duties, agreements, and liabilities
4561	4561	31 of the commission have been transferred to the department, as the
4562	4562	32 successor agency.
4563	4563	33 (i) The terms of all of the members serving on the commission
4564	4564	34 under IC 14-20-15 expire June 30, 2024.
4565	4565	35 (j) The terms of all of the members serving on the citizen
4566	4566	36 advisory board under IC 14-20-15-12 expire June 30, 2024.
4567	4567	37 (k) This SECTION expires July 1, 2025.
4568	4568	38 SECTION 114. [EFFECTIVE UPON PASSAGE] (a) As used in
4569	4569	39 this SECTION, "council" means the advisory council established
4570	4570	40 under IC 14-9-6.
4571	4571	41 (b) As used in this SECTION, "department" means the
4572	4572	42 department of natural resources.
4573	4573	2024 IN 1396—LS 6954/DI 144 107
4574	4574	1 (c) On July 1, 2024, all agreements and liabilities of the council
4575	4575	2 are transferred to the department, as the successor agency.
4576	4576	3 (d) On July 1, 2024, all records and property of the council,
4577	4577	4 including appropriations and other funds under the control or
4578	4578	5 supervision of the council, are transferred to the department, as
4579	4579	6 the successor agency.
4580	4580	7 (e) After July 1, 2024, any amounts owed to the council before
4581	4581	8 July 1, 2024, are considered to be owed to the department, as the
4582	4582	9 successor agency. The department shall transfer any amounts
4583	4583	10 received under this subsection to the state comptroller for deposit
4584	4584	11 in the state general fund.
4585	4585	12 (f) After July 1, 2024, a reference to the council in a statute,
4586	4586	13 rule, or other document is considered a reference to the
4587	4587	14 department, as the successor agency.
4588	4588	15 (g) All powers, duties, agreements, and liabilities of the council
4589	4589	16 with respect to bonds issued by the council in connection with any
4590	4590	17 trust agreement or indenture securing those bonds are transferred
4591	4591	18 to the department, as the successor agency. The rights of the
4592	4592	19 trustee under any trust agreement or indenture and the rights of
4593	4593	20 the bondholders of the council remain unchanged, although the
4594	4594	21 powers, duties, agreements, and liabilities of the council have been
4595	4595	22 transferred to the department, as the successor agency.
4596	4596	23 (h) The terms of all members serving on the council expire June
4597	4597	24 30, 2024.
4598	4598	25 (i) This SECTION expires July 1, 2025.
4599	4599	26 SECTION 115. [EFFECTIVE UPON PASSAGE] (a) The terms of
4600	4600	27 all members serving on the committee of hearing aid dealer
4601	4601	28 examiners established under IC 25-20-1-1.5 expire June 30, 2024.
4602	4602	29 (b) This SECTION expires July 1, 2025.
4603	4603	30 SECTION 116. An emergency is declared for this act.
4604	4604	2024 IN 1396—LS 6954/DI 144