Introduced Version
HOUSE BILL No. 1415
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-23; IC 22-9-13.
Synopsis: Volunteerism and community service. Provides that the
Indiana commission for women, the commission on Hispanic/Latino
affairs, the commission on the social status of black males, and the
Native American Indian affairs commission expire June 30, 2025.
Codifies the serve Indiana commission established by executive order
in 2017. Authorizes the serve Indiana commission to study and report
on topics assigned to the expiring commissions. Requires the civil
rights commission to establish four nonprofit corporations to serve as
the successors in interest to the expired commissions. Specifies the
powers and duties of the nonprofit corporations. Provides for the
transfer of accounts, property, and records of the expiring commissions
to the nonprofit corporations.
Effective: Upon passage; July 1, 2024.
Mayfield, Bartels
January 16, 2024, read first time and referred to Committee on Government and Regulatory
Reform.
2024 IN 1415—LS 6675/DI 92 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1415
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-23-25-12 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 12. This chapter expires June 30, 2025.
4 SECTION 2. IC 4-23-28-12 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 12. This chapter expires June 30, 2025.
7 SECTION 3. IC 4-23-31-13 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 13. This chapter expires June 30, 2025.
10 SECTION 4. IC 4-23-32-9 IS ADDED TO THE INDIANA CODE
11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
12 1, 2024]: Sec. 9. This chapter expires June 30, 2025.
13 SECTION 5. IC 4-23-35 IS ADDED TO THE INDIANA CODE AS
14 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
15 PASSAGE]:
16 Chapter 35. Serve Indiana Commission
17 Sec. 1. The following definitions apply throughout this chapter:
2024 IN 1415—LS 6675/DI 92 2
1 (1) "CNCS" refers to the Corporation for National and
2 Community Service established by the National and
3 Community Service Trust Act of 1993.
4 (2) "Commission" refers to the serve Indiana commission
5 established by section 2 of this chapter.
6 (3) "Cultural commission" refers to any of the following:
7 (A) The Indiana commission for women established under
8 IC 4-23-25.
9 (B) The commission on Hispanic/Latino affairs established
10 under IC 4-23-28.
11 (C) The commission on the social status of black males
12 established under IC 4-23-31.
13 (D) The Native American Indian affairs commission
14 established under IC 4-23-32.
15 (4) "Department" refers to the department of workforce
16 development established by IC 22-4.1-2-1.
17 (5) "Serve Indiana" refers to the serve Indiana organization
18 established within the department by Executive Order 17-10
19 on January 9, 2017.
20 Sec. 2. The serve Indiana commission is established as a
21 continuing executive branch commission.
22 Sec. 3. (a) The commission consists of members appointed by the
23 governor in accordance with the following criteria:
24 (1) The members of the commission must be distinguished in
25 their respective fields and must share the common goals of
26 encouraging community service and volunteer participation
27 as a means of community and state problem solving.
28 (2) The number of voting members must be at least fifteen
29 (15), but not more than twenty-five (25).
30 (3) The number of members appointed from one (1) major
31 political party may not exceed the number of members
32 appointed from the other major political party by more than
33 one (1).
34 (4) Not more than twenty-five percent (25%) of the voting
35 members may be employees of state government.
36 (5) The membership must include the following:
37 (A) The commissioner of the department or the
38 commissioner's designee.
39 (B) The secretary of education or the secretary's designee.
40 (C) An individual with expertise in the education, training,
41 and developmental needs of youth, particularly
42 disadvantaged youth.
2024 IN 1415—LS 6675/DI 92 3
1 (D) An individual with expertise in promoting service and
2 volunteerism among older adults.
3 (E) A representative of community based agencies or
4 organizations.
5 (F) A representative of organized labor.
6 (G) A representative of business.
7 (H) An individual who is:
8 (i) at least sixteen (16) years of age, but not more than
9 twenty-five (25) years of age; and
10 (ii) a participant or a supervisor in a volunteer or service
11 program.
12 (I) An individual who:
13 (i) is at least fifty-five (55) years of age; and
14 (ii) has experience promoting service and volunteerism
15 among older adults.
16 (J) A representative of local government.
17 (K) A representative of a private, public, corporate,
18 community, or family trust or foundation that is engaged
19 in making grants.
20 (L) A representative of the Volunteer Center network.
21 (M) A representative of the Indiana Volunteers of Active
22 Disasters.
23 (N) A representative of the CNCS, who serves as a
24 nonvoting member.
25 (6) The membership may include any of the following:
26 (A) An individual employed as a local educator.
27 (B) An individual with expertise in the delivery of
28 educational, human, public safety, or environmental
29 service to communities and individuals.
30 (C) A representative of a Native American Indian tribe.
31 (D) An individual appointed from among out of school
32 youth or other youth at risk.
33 (E) A representative of entities that receive assistance
34 under the Domestic Volunteer Service Act of 1973.
35 (b) A member of the commission serves at the pleasure of the
36 governor.
37 (c) The terms of the members appointed to the commission
38 expire as follows:
39 (1) The term of a member appointed under subsection
40 (a)(5)(C) through (a)(5)(H) expires December 31, 2025, and
41 each fourth year thereafter.
42 (2) The term of a member appointed under subsection
2024 IN 1415—LS 6675/DI 92 4
1 (a)(5)(I) through (a)(5)(N) or under subsection (a)(6) expires
2 December 31, 2027, and each fourth year thereafter.
3 (d) A member of the commission may be reappointed to
4 successive terms.
5 (e) If a vacancy on the commission occurs, the governor shall
6 appoint an individual to fill the vacancy. An individual appointed
7 to fill a vacancy serves on the commission for the remainder of the
8 unexpired term of the individual's predecessor.
9 Sec. 4. (a) The member of the commission appointed under
10 section 3(a)(5)(A) of this chapter shall call a meeting to organize
11 the commission before November 1, 2024. Subject to subsection (b),
12 the members of the commission shall elect a chairperson, a vice
13 chairperson, and other officers considered necessary by the
14 members of the commission.
15 (b) Officers elected under this section serve a one (1) year term
16 of office at the pleasure of the governor. If an officer's position
17 becomes vacant, the governor shall appoint an individual to fill the
18 vacancy. An individual appointed to fill a vacant office serves in
19 the office for the remainder of the unexpired term of the
20 individual's predecessor.
21 (c) After October 31, 2024, the commission shall meet at the call
22 of the chairperson as necessary to carry out the commission's
23 duties under this chapter.
24 Sec. 5. A majority of the total number of voting members
25 appointed under section 3 of this chapter constitutes a quorum. A
26 quorum of the members must be present for the commission to
27 take any official action. An affirmative vote by a majority of the
28 voting members present is needed for the commission to make a
29 recommendation or take any official action.
30 Sec. 6. The commission shall do the following functions
31 originally assigned to Serve Indiana by Executive Order 17-10:
32 (1) Prepare a three (3) year national service plan as called for
33 under the National and Community Service Act of 1993.
34 (2) Develop and implement a comprehensive, statewide plan
35 for promoting volunteer involvement and citizen participation
36 in Indiana.
37 (3) Apply for funding to the CNCS and other entities that
38 administer federal grants to support the objectives of the
39 commission for faith based and community based service and
40 volunteer programs.
41 (4) Provide to all applicants under the National and
42 Community Service State Grant Program and other federal
2024 IN 1415—LS 6675/DI 92 5
1 programs the services required by guidelines specified by
2 federal grant programs and applicable law.
3 (5) Select grantees in accordance with guidelines specified by
4 federal grant programs and applicable law.
5 (6) Work closely with faith based and community based
6 groups, charitable organizations, voluntary associations,
7 education entities, and other nonprofit service organizations
8 to promote volunteerism and community service.
9 (7) Provide technical assistance, education, information, and
10 other support to groups described in subdivision (6) to
11 improve and strengthen Indiana's volunteerism and
12 community service infrastructure.
13 (8) Promote innovative and model programs and initiatives
14 and share best practices among groups described in
15 subdivision (6).
16 (9) Coordinate the commission's activities with the activities
17 of federally administered service programs to ensure that
18 services are not duplicated.
19 Sec. 7. The commission shall do the following:
20 (1) Be responsive to the guidelines and requests from the
21 CNCS.
22 (2) Select grantees under guidelines specified by the CNCS.
23 (3) Coordinate commission activities with the activities of
24 federally administered service programs such as VISTA and
25 Seniors to ensure that the services are complementary and not
26 duplicative.
27 (4) Provide all applicants services required by the National
28 and Community Service Trust Act of 1993 and the Kennedy
29 Serve America Act of 2009.
30 Sec. 8. The commission may study and report on any issue
31 assigned by statute to a cultural commission before July 1, 2025.
32 Reports prepared under this section must be submitted to:
33 (1) the governor; and
34 (2) the legislative council in an electronic format under
35 IC 5-14-6.
36 Sec. 9. The department shall provide office space and staff
37 support to the commission.
38 Sec. 10. (a) Each member of the commission who is not a state
39 employee is entitled to the minimum salary per diem provided by
40 IC 4-10-11-2.1(b). The member is also entitled to reimbursement
41 for traveling expenses as provided under IC 4-13-1-4 and other
42 expenses actually incurred in connection with the member's duties
2024 IN 1415—LS 6675/DI 92 6
1 as provided in the state policies and procedures established by the
2 Indiana department of administration and approved by the budget
3 agency.
4 (b) Each member of the commission who is a state employee is
5 entitled to reimbursement for traveling expenses as provided under
6 IC 4-13-1-4 and other expenses actually incurred in connection
7 with the member's duties as provided in the state policies and
8 procedures established by the Indiana department of
9 administration and approved by the budget agency.
10 (c) Expenses paid under this section shall be paid from
11 appropriations made to the department.
12 SECTION 6. IC 22-9-13 IS ADDED TO THE INDIANA CODE AS
13 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
14 PASSAGE]:
15 Chapter 13. Establishment of Nonprofit Organizations for
16 Cultural Advancement
17 Sec. 1. As used in this chapter, "commission" refers to the civil
18 rights commission created by IC 22-9-1-4.
19 Sec. 2. As used in this chapter, "cultural commission" refers to
20 any of the following:
21 (1) The Indiana commission for women established under
22 IC 4-23-25.
23 (2) The commission on Hispanic/Latino affairs established
24 under IC 4-23-28.
25 (3) The commission on the social status of black males
26 established under IC 4-23-31.
27 (4) The Native American Indian affairs commission
28 established under IC 4-23-32.
29 Sec. 3. As used in this chapter, "serve Indiana" refers to the
30 serve Indiana commission established by IC 4-23-35-2.
31 Sec. 4. The commission shall establish four (4) separate
32 nonprofit corporations under the Indiana Nonprofit Corporation
33 Act of 1991 (IC 23-17) that are tax exempt under Section 501(c)(3)
34 of the Internal Revenue Code for the following educational and
35 charitable purposes:
36 (1) To serve as the successors in interest of the four (4)
37 cultural commissions established under IC 4-23.
38 (2) To advance the culture and well-being of individuals
39 served by the respective cultural commissions.
40 The commission may contract with attorneys, consultants, and
41 other professionals in establishing the nonprofit corporations
42 required by this section.
2024 IN 1415—LS 6675/DI 92 7
1 Sec. 5. The nonprofit corporations established under section 4
2 of this chapter shall assume the duties of the four (4) cultural
3 commissions upon their expiration on June 30, 2025, as follows:
4 (1) One (1) nonprofit corporation shall assume the duties of
5 the Indiana commission for women imposed under IC 4-23-25
6 (before its expiration).
7 (2) One (1) nonprofit corporation shall assume the duties of
8 the commission on Hispanic/Latino affairs imposed under
9 IC 4-23-28 (before its expiration).
10 (3) One (1) nonprofit corporation shall assume the duties of
11 the commission on the social status of black males imposed
12 under IC 4-23-31 (before its expiration).
13 (4) One (1) nonprofit corporation shall assume the duties of
14 the Native American Indian affairs commission imposed
15 under IC 4-23-32 (before its expiration).
16 Sec. 6. A nonprofit corporation established under section 4 of
17 this chapter has the following powers:
18 (1) To sue and be sued, and to plead and be impleaded in the
19 name of the corporation.
20 (2) To receive and accept from any state or federal agency
21 grants and to receive and accept aid or contributions from
22 any source of money, property, labor, or other things of value,
23 to be held, used, and applied only for the purposes for which
24 the grants and contributions may be made.
25 (3) To hold, use, administer, and expend money that may at
26 any time be appropriated, donated, granted, or transferred to
27 the corporation.
28 (4) To make contracts and incur liabilities, borrow money,
29 issue its negotiable bonds or notes, subject to provisions for
30 registration of negotiable bonds and notes, and provide for
31 and secure their payment and provide for the rights of their
32 holders, and purchase, hold, and dispose of any of its bonds or
33 notes.
34 (5) To own or lease real or personal property.
35 (6) To employ attorneys, accountants, financial advisers or
36 experts, and other officers, agents, and employees as it
37 requires and determine their qualifications, duties, and
38 compensation, all in order to effectuate the purposes of this
39 chapter.
40 (7) To cooperate with and exchange services, personnel, and
41 information with any federal, state, or local government
42 agency.
2024 IN 1415—LS 6675/DI 92 8
1 (8) To advocate for individuals, organizations, and causes that
2 promote the culture and well-being of individuals served by
3 the corporation's predecessor cultural commission.
4 (9) To do all acts and things necessary or proper to carry out
5 the powers expressly granted in this chapter.
6 Sec. 7. On June 30, 2025, the accounts, property, and records of
7 each cultural commission are transferred to the appropriate
8 nonprofit organization established under section 4 of this chapter
9 to advance the culture and well-being of individuals served by the
10 cultural commission. The Indiana department of administration,
11 the commission, serve Indiana, and the state comptroller shall
12 assist the cultural commissions and the commission in making the
13 transfers required by this section.
14 Sec. 8. Each nonprofit corporation established under section 4
15 of this chapter shall submit an annual report on its activities in the
16 previous state fiscal year to:
17 (1) the governor;
18 (2) the commission;
19 (3) serve Indiana; and
20 (4) the legislative council;
21 not later than July 1, 2026, and each year thereafter. The report
22 submitted to the legislative council must be in an electronic format
23 under IC 5-14-6.
24 SECTION 7. An emergency is declared for this act.
2024 IN 1415—LS 6675/DI 92