IN
Indiana House Bill HB1415

Indiana 2024 Regular Session

Indiana House Bill HB1415 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1415
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 4-23; IC 22-9-13.
77 Synopsis: Volunteerism and community service. Provides that the
88 Indiana commission for women, the commission on Hispanic/Latino
99 affairs, the commission on the social status of black males, and the
1010 Native American Indian affairs commission expire June 30, 2025.
1111 Codifies the serve Indiana commission established by executive order
1212 in 2017. Authorizes the serve Indiana commission to study and report
1313 on topics assigned to the expiring commissions. Requires the civil
1414 rights commission to establish four nonprofit corporations to serve as
1515 the successors in interest to the expired commissions. Specifies the
1616 powers and duties of the nonprofit corporations. Provides for the
1717 transfer of accounts, property, and records of the expiring commissions
1818 to the nonprofit corporations.
1919 Effective: Upon passage; July 1, 2024.
2020 Mayfield, Bartels
2121 January 16, 2024, read first time and referred to Committee on Government and Regulatory
2222 Reform.
2323 2024 IN 1415—LS 6675/DI 92 Introduced
2424 Second Regular Session of the 123rd General Assembly (2024)
2525 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2626 Constitution) is being amended, the text of the existing provision will appear in this style type,
2727 additions will appear in this style type, and deletions will appear in this style type.
2828 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2929 provision adopted), the text of the new provision will appear in this style type. Also, the
3030 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3131 a new provision to the Indiana Code or the Indiana Constitution.
3232 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3333 between statutes enacted by the 2023 Regular Session of the General Assembly.
3434 HOUSE BILL No. 1415
3535 A BILL FOR AN ACT to amend the Indiana Code concerning state
3636 offices and administration.
3737 Be it enacted by the General Assembly of the State of Indiana:
3838 1 SECTION 1. IC 4-23-25-12 IS ADDED TO THE INDIANA CODE
3939 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4040 3 1, 2024]: Sec. 12. This chapter expires June 30, 2025.
4141 4 SECTION 2. IC 4-23-28-12 IS ADDED TO THE INDIANA CODE
4242 5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4343 6 1, 2024]: Sec. 12. This chapter expires June 30, 2025.
4444 7 SECTION 3. IC 4-23-31-13 IS ADDED TO THE INDIANA CODE
4545 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4646 9 1, 2024]: Sec. 13. This chapter expires June 30, 2025.
4747 10 SECTION 4. IC 4-23-32-9 IS ADDED TO THE INDIANA CODE
4848 11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4949 12 1, 2024]: Sec. 9. This chapter expires June 30, 2025.
5050 13 SECTION 5. IC 4-23-35 IS ADDED TO THE INDIANA CODE AS
5151 14 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
5252 15 PASSAGE]:
5353 16 Chapter 35. Serve Indiana Commission
5454 17 Sec. 1. The following definitions apply throughout this chapter:
5555 2024 IN 1415—LS 6675/DI 92 2
5656 1 (1) "CNCS" refers to the Corporation for National and
5757 2 Community Service established by the National and
5858 3 Community Service Trust Act of 1993.
5959 4 (2) "Commission" refers to the serve Indiana commission
6060 5 established by section 2 of this chapter.
6161 6 (3) "Cultural commission" refers to any of the following:
6262 7 (A) The Indiana commission for women established under
6363 8 IC 4-23-25.
6464 9 (B) The commission on Hispanic/Latino affairs established
6565 10 under IC 4-23-28.
6666 11 (C) The commission on the social status of black males
6767 12 established under IC 4-23-31.
6868 13 (D) The Native American Indian affairs commission
6969 14 established under IC 4-23-32.
7070 15 (4) "Department" refers to the department of workforce
7171 16 development established by IC 22-4.1-2-1.
7272 17 (5) "Serve Indiana" refers to the serve Indiana organization
7373 18 established within the department by Executive Order 17-10
7474 19 on January 9, 2017.
7575 20 Sec. 2. The serve Indiana commission is established as a
7676 21 continuing executive branch commission.
7777 22 Sec. 3. (a) The commission consists of members appointed by the
7878 23 governor in accordance with the following criteria:
7979 24 (1) The members of the commission must be distinguished in
8080 25 their respective fields and must share the common goals of
8181 26 encouraging community service and volunteer participation
8282 27 as a means of community and state problem solving.
8383 28 (2) The number of voting members must be at least fifteen
8484 29 (15), but not more than twenty-five (25).
8585 30 (3) The number of members appointed from one (1) major
8686 31 political party may not exceed the number of members
8787 32 appointed from the other major political party by more than
8888 33 one (1).
8989 34 (4) Not more than twenty-five percent (25%) of the voting
9090 35 members may be employees of state government.
9191 36 (5) The membership must include the following:
9292 37 (A) The commissioner of the department or the
9393 38 commissioner's designee.
9494 39 (B) The secretary of education or the secretary's designee.
9595 40 (C) An individual with expertise in the education, training,
9696 41 and developmental needs of youth, particularly
9797 42 disadvantaged youth.
9898 2024 IN 1415—LS 6675/DI 92 3
9999 1 (D) An individual with expertise in promoting service and
100100 2 volunteerism among older adults.
101101 3 (E) A representative of community based agencies or
102102 4 organizations.
103103 5 (F) A representative of organized labor.
104104 6 (G) A representative of business.
105105 7 (H) An individual who is:
106106 8 (i) at least sixteen (16) years of age, but not more than
107107 9 twenty-five (25) years of age; and
108108 10 (ii) a participant or a supervisor in a volunteer or service
109109 11 program.
110110 12 (I) An individual who:
111111 13 (i) is at least fifty-five (55) years of age; and
112112 14 (ii) has experience promoting service and volunteerism
113113 15 among older adults.
114114 16 (J) A representative of local government.
115115 17 (K) A representative of a private, public, corporate,
116116 18 community, or family trust or foundation that is engaged
117117 19 in making grants.
118118 20 (L) A representative of the Volunteer Center network.
119119 21 (M) A representative of the Indiana Volunteers of Active
120120 22 Disasters.
121121 23 (N) A representative of the CNCS, who serves as a
122122 24 nonvoting member.
123123 25 (6) The membership may include any of the following:
124124 26 (A) An individual employed as a local educator.
125125 27 (B) An individual with expertise in the delivery of
126126 28 educational, human, public safety, or environmental
127127 29 service to communities and individuals.
128128 30 (C) A representative of a Native American Indian tribe.
129129 31 (D) An individual appointed from among out of school
130130 32 youth or other youth at risk.
131131 33 (E) A representative of entities that receive assistance
132132 34 under the Domestic Volunteer Service Act of 1973.
133133 35 (b) A member of the commission serves at the pleasure of the
134134 36 governor.
135135 37 (c) The terms of the members appointed to the commission
136136 38 expire as follows:
137137 39 (1) The term of a member appointed under subsection
138138 40 (a)(5)(C) through (a)(5)(H) expires December 31, 2025, and
139139 41 each fourth year thereafter.
140140 42 (2) The term of a member appointed under subsection
141141 2024 IN 1415—LS 6675/DI 92 4
142142 1 (a)(5)(I) through (a)(5)(N) or under subsection (a)(6) expires
143143 2 December 31, 2027, and each fourth year thereafter.
144144 3 (d) A member of the commission may be reappointed to
145145 4 successive terms.
146146 5 (e) If a vacancy on the commission occurs, the governor shall
147147 6 appoint an individual to fill the vacancy. An individual appointed
148148 7 to fill a vacancy serves on the commission for the remainder of the
149149 8 unexpired term of the individual's predecessor.
150150 9 Sec. 4. (a) The member of the commission appointed under
151151 10 section 3(a)(5)(A) of this chapter shall call a meeting to organize
152152 11 the commission before November 1, 2024. Subject to subsection (b),
153153 12 the members of the commission shall elect a chairperson, a vice
154154 13 chairperson, and other officers considered necessary by the
155155 14 members of the commission.
156156 15 (b) Officers elected under this section serve a one (1) year term
157157 16 of office at the pleasure of the governor. If an officer's position
158158 17 becomes vacant, the governor shall appoint an individual to fill the
159159 18 vacancy. An individual appointed to fill a vacant office serves in
160160 19 the office for the remainder of the unexpired term of the
161161 20 individual's predecessor.
162162 21 (c) After October 31, 2024, the commission shall meet at the call
163163 22 of the chairperson as necessary to carry out the commission's
164164 23 duties under this chapter.
165165 24 Sec. 5. A majority of the total number of voting members
166166 25 appointed under section 3 of this chapter constitutes a quorum. A
167167 26 quorum of the members must be present for the commission to
168168 27 take any official action. An affirmative vote by a majority of the
169169 28 voting members present is needed for the commission to make a
170170 29 recommendation or take any official action.
171171 30 Sec. 6. The commission shall do the following functions
172172 31 originally assigned to Serve Indiana by Executive Order 17-10:
173173 32 (1) Prepare a three (3) year national service plan as called for
174174 33 under the National and Community Service Act of 1993.
175175 34 (2) Develop and implement a comprehensive, statewide plan
176176 35 for promoting volunteer involvement and citizen participation
177177 36 in Indiana.
178178 37 (3) Apply for funding to the CNCS and other entities that
179179 38 administer federal grants to support the objectives of the
180180 39 commission for faith based and community based service and
181181 40 volunteer programs.
182182 41 (4) Provide to all applicants under the National and
183183 42 Community Service State Grant Program and other federal
184184 2024 IN 1415—LS 6675/DI 92 5
185185 1 programs the services required by guidelines specified by
186186 2 federal grant programs and applicable law.
187187 3 (5) Select grantees in accordance with guidelines specified by
188188 4 federal grant programs and applicable law.
189189 5 (6) Work closely with faith based and community based
190190 6 groups, charitable organizations, voluntary associations,
191191 7 education entities, and other nonprofit service organizations
192192 8 to promote volunteerism and community service.
193193 9 (7) Provide technical assistance, education, information, and
194194 10 other support to groups described in subdivision (6) to
195195 11 improve and strengthen Indiana's volunteerism and
196196 12 community service infrastructure.
197197 13 (8) Promote innovative and model programs and initiatives
198198 14 and share best practices among groups described in
199199 15 subdivision (6).
200200 16 (9) Coordinate the commission's activities with the activities
201201 17 of federally administered service programs to ensure that
202202 18 services are not duplicated.
203203 19 Sec. 7. The commission shall do the following:
204204 20 (1) Be responsive to the guidelines and requests from the
205205 21 CNCS.
206206 22 (2) Select grantees under guidelines specified by the CNCS.
207207 23 (3) Coordinate commission activities with the activities of
208208 24 federally administered service programs such as VISTA and
209209 25 Seniors to ensure that the services are complementary and not
210210 26 duplicative.
211211 27 (4) Provide all applicants services required by the National
212212 28 and Community Service Trust Act of 1993 and the Kennedy
213213 29 Serve America Act of 2009.
214214 30 Sec. 8. The commission may study and report on any issue
215215 31 assigned by statute to a cultural commission before July 1, 2025.
216216 32 Reports prepared under this section must be submitted to:
217217 33 (1) the governor; and
218218 34 (2) the legislative council in an electronic format under
219219 35 IC 5-14-6.
220220 36 Sec. 9. The department shall provide office space and staff
221221 37 support to the commission.
222222 38 Sec. 10. (a) Each member of the commission who is not a state
223223 39 employee is entitled to the minimum salary per diem provided by
224224 40 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
225225 41 for traveling expenses as provided under IC 4-13-1-4 and other
226226 42 expenses actually incurred in connection with the member's duties
227227 2024 IN 1415—LS 6675/DI 92 6
228228 1 as provided in the state policies and procedures established by the
229229 2 Indiana department of administration and approved by the budget
230230 3 agency.
231231 4 (b) Each member of the commission who is a state employee is
232232 5 entitled to reimbursement for traveling expenses as provided under
233233 6 IC 4-13-1-4 and other expenses actually incurred in connection
234234 7 with the member's duties as provided in the state policies and
235235 8 procedures established by the Indiana department of
236236 9 administration and approved by the budget agency.
237237 10 (c) Expenses paid under this section shall be paid from
238238 11 appropriations made to the department.
239239 12 SECTION 6. IC 22-9-13 IS ADDED TO THE INDIANA CODE AS
240240 13 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
241241 14 PASSAGE]:
242242 15 Chapter 13. Establishment of Nonprofit Organizations for
243243 16 Cultural Advancement
244244 17 Sec. 1. As used in this chapter, "commission" refers to the civil
245245 18 rights commission created by IC 22-9-1-4.
246246 19 Sec. 2. As used in this chapter, "cultural commission" refers to
247247 20 any of the following:
248248 21 (1) The Indiana commission for women established under
249249 22 IC 4-23-25.
250250 23 (2) The commission on Hispanic/Latino affairs established
251251 24 under IC 4-23-28.
252252 25 (3) The commission on the social status of black males
253253 26 established under IC 4-23-31.
254254 27 (4) The Native American Indian affairs commission
255255 28 established under IC 4-23-32.
256256 29 Sec. 3. As used in this chapter, "serve Indiana" refers to the
257257 30 serve Indiana commission established by IC 4-23-35-2.
258258 31 Sec. 4. The commission shall establish four (4) separate
259259 32 nonprofit corporations under the Indiana Nonprofit Corporation
260260 33 Act of 1991 (IC 23-17) that are tax exempt under Section 501(c)(3)
261261 34 of the Internal Revenue Code for the following educational and
262262 35 charitable purposes:
263263 36 (1) To serve as the successors in interest of the four (4)
264264 37 cultural commissions established under IC 4-23.
265265 38 (2) To advance the culture and well-being of individuals
266266 39 served by the respective cultural commissions.
267267 40 The commission may contract with attorneys, consultants, and
268268 41 other professionals in establishing the nonprofit corporations
269269 42 required by this section.
270270 2024 IN 1415—LS 6675/DI 92 7
271271 1 Sec. 5. The nonprofit corporations established under section 4
272272 2 of this chapter shall assume the duties of the four (4) cultural
273273 3 commissions upon their expiration on June 30, 2025, as follows:
274274 4 (1) One (1) nonprofit corporation shall assume the duties of
275275 5 the Indiana commission for women imposed under IC 4-23-25
276276 6 (before its expiration).
277277 7 (2) One (1) nonprofit corporation shall assume the duties of
278278 8 the commission on Hispanic/Latino affairs imposed under
279279 9 IC 4-23-28 (before its expiration).
280280 10 (3) One (1) nonprofit corporation shall assume the duties of
281281 11 the commission on the social status of black males imposed
282282 12 under IC 4-23-31 (before its expiration).
283283 13 (4) One (1) nonprofit corporation shall assume the duties of
284284 14 the Native American Indian affairs commission imposed
285285 15 under IC 4-23-32 (before its expiration).
286286 16 Sec. 6. A nonprofit corporation established under section 4 of
287287 17 this chapter has the following powers:
288288 18 (1) To sue and be sued, and to plead and be impleaded in the
289289 19 name of the corporation.
290290 20 (2) To receive and accept from any state or federal agency
291291 21 grants and to receive and accept aid or contributions from
292292 22 any source of money, property, labor, or other things of value,
293293 23 to be held, used, and applied only for the purposes for which
294294 24 the grants and contributions may be made.
295295 25 (3) To hold, use, administer, and expend money that may at
296296 26 any time be appropriated, donated, granted, or transferred to
297297 27 the corporation.
298298 28 (4) To make contracts and incur liabilities, borrow money,
299299 29 issue its negotiable bonds or notes, subject to provisions for
300300 30 registration of negotiable bonds and notes, and provide for
301301 31 and secure their payment and provide for the rights of their
302302 32 holders, and purchase, hold, and dispose of any of its bonds or
303303 33 notes.
304304 34 (5) To own or lease real or personal property.
305305 35 (6) To employ attorneys, accountants, financial advisers or
306306 36 experts, and other officers, agents, and employees as it
307307 37 requires and determine their qualifications, duties, and
308308 38 compensation, all in order to effectuate the purposes of this
309309 39 chapter.
310310 40 (7) To cooperate with and exchange services, personnel, and
311311 41 information with any federal, state, or local government
312312 42 agency.
313313 2024 IN 1415—LS 6675/DI 92 8
314314 1 (8) To advocate for individuals, organizations, and causes that
315315 2 promote the culture and well-being of individuals served by
316316 3 the corporation's predecessor cultural commission.
317317 4 (9) To do all acts and things necessary or proper to carry out
318318 5 the powers expressly granted in this chapter.
319319 6 Sec. 7. On June 30, 2025, the accounts, property, and records of
320320 7 each cultural commission are transferred to the appropriate
321321 8 nonprofit organization established under section 4 of this chapter
322322 9 to advance the culture and well-being of individuals served by the
323323 10 cultural commission. The Indiana department of administration,
324324 11 the commission, serve Indiana, and the state comptroller shall
325325 12 assist the cultural commissions and the commission in making the
326326 13 transfers required by this section.
327327 14 Sec. 8. Each nonprofit corporation established under section 4
328328 15 of this chapter shall submit an annual report on its activities in the
329329 16 previous state fiscal year to:
330330 17 (1) the governor;
331331 18 (2) the commission;
332332 19 (3) serve Indiana; and
333333 20 (4) the legislative council;
334334 21 not later than July 1, 2026, and each year thereafter. The report
335335 22 submitted to the legislative council must be in an electronic format
336336 23 under IC 5-14-6.
337337 24 SECTION 7. An emergency is declared for this act.
338338 2024 IN 1415—LS 6675/DI 92