Indiana Senate Bill SB0202 Engrossed / Bill

                    *SB0202.2*
Reprinted
February 6, 2024
SENATE BILL No. 202
_____
DIGEST OF SB 202 (Updated February 5, 2024 4:24 pm - DI 110)
Citations Affected:  IC 21-19; IC 21-20; IC 21-21; IC 21-22;
IC 21-23; IC 21-24; IC 21-25; IC 21-27; IC 21-38; IC 21-39;
IC 21-39.5; IC 21-49.
Synopsis:  State educational institution matters. Amends the duties of
state educational institutions' diversity committees. Provides that
certain offices or individuals established or employed by a state
educational institution (institution) regarding diversity programming
must include within the mission of the office or position programming
that substantially promotes both cultural and intellectual diversity.
Establishes various requirements and restrictions for institutions
regarding free inquiry, free expression, and intellectual diversity that
does the following: (1) Requires the establishment of certain policies
regarding: (A) disciplinary actions for certain persons that materially
and substantially disrupt protected expressive activity; (B) limiting or
restricting the granting of tenure or a promotion if certain conditions
related to free inquiry, free expression, and intellectual diversity are not 
(Continued next page)
Effective:  Upon passage; July 1, 2024.
Deery, Raatz, Johnson T, Byrne,
Donato, Crane, Rogers
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, amended, ordered engrossed.
SB 202—LS 6786/DI 110 Digest Continued
met; and (C) disciplinary actions that will be taken if, after a review, a
determination has been made that a tenured faculty member has failed
to meet certain criteria related to free inquiry, free expression, and
intellectual diversity. (2) Requires the review and consideration, at
least every five years, of certain criteria related to free inquiry, free
expression, and intellectual diversity. (3) Requires the establishment of
a procedure that allows students and employees to submit complaints
that a faculty member or contractor is not meeting certain criteria
related to free inquiry, free expression, and intellectual diversity and
establishes requirements regarding the procedure and submitted
complaints. (4) Establishes consideration requirements before an
institution renews an employment agreement or other contract with,
makes a bonus decision regarding, or completes a review or
performance assessment of a faculty member or contractor. (5)
Prohibits requiring an applicant, employee, or contractor to pledge
allegiance to or make a statement of personal support for: (A) certain
policies or actions; or (B) political or ideological movements. (6)
Establishes restrictions regarding awarding admission, enrollment,
employment, benefits, hiring, reappointment, promotion, or granting
tenure to an applicant, employee, or contractor on the basis of the
viewpoints expressed in a submitted pledge or statement. (7) Requires
certain information be included in an institution's programming for new
students. (8) Requires the adoption of a statement on neutrality that
makes a distinction between the official positions of an institution from
the individual viewpoints of the institution's employees, contractors,
students, and alumni. (9) Allows the commission for higher education
(commission) to establish a survey that attempts to collect information
from students regarding the current perceptions of whether free speech
and academic freedom are recognized and fostered by an institution in
a manner that welcomes expression of different opinions and ideologies
and requires an institution to promote and provide the survey to
students. (10) Establishes various reporting requirements by
institutions or the commission concerning the following: (A)
Complaints submitted regarding faculty members or contractors who
are not meeting certain criteria related to free inquiry, free expression,
and intellectual diversity. (B) Institutions' budget allocations for
diversity, equity, and inclusion initiatives. (11) Provides that certain
individuals may request the commission to review a final decision by
an institution concerning a violation of these provisions. Adds an
alumnus appointment to the boards of trustees of certain institutions.
Amends the appointment authority regarding alumni members to the
boards of trustees of institutions. Provides that a board of trustees
member who is a state employee is not entitled to per diem but is
entitled to reimbursement for traveling expenses and other certain
expenses. Removes and adds certain criteria requirements for members
of boards of trustees of institutions. Requires each institution to submit
certain information by September 1, 2024, and at the time the
institution submits its legislative budget request.
SB 202—LS 6786/DI 110SB 202—LS 6786/DI 110 Reprinted
February 6, 2024
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.
SENATE BILL No. 202
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
2 260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2. The board of trustees is composed of the following
4 nine (9) members:
5 (1) Seven (7) members appointed by the governor as follows:
6 (1) (A) Six (6) members who must be at large.
7 (2) Two (2) members who must be alumni of Ball State
8 University.
9 (3) (B) One (1) member who must be a Ball State University
10 student.
11 (2) Two (2) members appointed as follows:
12 (A) One (1) member who:
13 (i) is appointed by the president pro tempore of the
14 senate with advice from the minority leader of the
15 senate;
SB 202—LS 6786/DI 110 2
1 (ii) is an alumnus of Ball State University; and
2 (iii) is not a member of the general assembly.
3 (B) One (1) member who:
4 (i) is appointed by the speaker of the house of
5 representatives with advice from the minority leader of
6 the house of representatives;
7 (ii) is an alumnus of Ball State University; and
8 (iii) is not a member of the general assembly.
9 SECTION 2. IC 21-19-3-3, AS AMENDED BY P.L.29-2012,
10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 3. Not more than six (6) of the nonstudent
12 members of The board of trustees may be of not consist of members
13 who are all of the same sex.
14 SECTION 3. IC 21-19-3-3.5 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2024]: Sec. 3.5. One (1) member appointed by the governor
17 under section 2(1) of this chapter must be a resident of Delaware
18 County.
19 SECTION 4. IC 21-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
20 2024]. Sec. 6. (a) The Ball State University alumni council shall
21 designate the term and nominate a person for each of the two (2)
22 alumni memberships on the board of trustees.
23 (b) The Ball State University alumni council, through the president
24 of Ball State University, shall submit the names of the nominees to the
25 governor for the governor's immediate appointment to the board of
26 trustees.
27 SECTION 5. IC 21-19-3-7 IS REPEALED [EFFECTIVE JULY 1,
28 2024]. Sec. 7. At least thirty (30) days before the expiration of the term
29 of an alumni member, the Ball State University Alumni Council, or its
30 successor, must submit, through the president of Ball State University,
31 the name of the nominee to succeed the retiring alumni member. The
32 governor shall appoint the nominee as an alumni member of the board
33 of trustees.
34 SECTION 6. IC 21-19-3-8, AS ADDED BY P.L.2-2007, SECTION
35 260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2024]: Sec. 8. (a) With the exception of the student member of the
37 board of trustees, Except as provided under subsections (c) and (d),
38 all appointments to the Ball State University board of trustees are for
39 four (4) year terms. Except for appointments under section 2(2) of
40 this chapter, each term of a nonstudent board member begins on
41 January 1 of the appropriate year.
42 (b) The term of a member continues until the member's successor is
SB 202—LS 6786/DI 110 3
1 appointed and qualified.
2 (c) The student member of the board of trustees is appointed for a
3 two (2) year term. The student member's term begins on July 1 of the
4 year in which the student member is appointed. The student member
5 must be a full-time student at Ball State University throughout the
6 student member's term.
7 (d) The term of a member appointed under section 2(2) of this
8 chapter shall expire on June 30 of each odd-numbered year.
9 SECTION 7. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
10 260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
12 death, incapacitation, or resignation shall be filled by appointment of
13 the governor appropriate appointing authority for the unexpired
14 term. Vacancies in offices held by alumni members shall be filled from
15 nominees submitted by the Ball State University alumni council.
16 SECTION 8. IC 21-19-3-10 IS ADDED TO THE INDIANA CODE
17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
18 1, 2024]: Sec. 10. (a) As used in this section "alumnus appointed
19 member" refers to a current member of the board of trustees who
20 was an alumnus appointment by the governor before July 1, 2024.
21 (b) An alumnus appointed member may serve until the
22 member's term expires.
23 (c) Notwithstanding section 9 of this chapter, the president pro
24 tempore of the senate shall appoint an alumnus member as
25 provided under section 2(2)(A) of this chapter upon the earlier of:
26 (1) the expiration of an alumnus appointed member's term; or
27 (2) a vacancy on the board of trustees by an alumnus
28 appointed member.
29 (d) Notwithstanding section 9 of this chapter, after the president
30 pro tempore of the senate appoints an alumnus member under
31 subsection (c), the speaker of the house of representatives shall
32 appoint an alumnus member as provided under section 2(2)(B) of
33 this chapter upon the earlier of:
34 (1) the expiration of the remaining alumnus appointed
35 member's term; or
36 (2) a vacancy on the board of trustees by the remaining
37 alumnus appointed member.
38 (e) This section expires July 1, 2029.
39 SECTION 9. IC 21-20-3-3 IS REPEALED [EFFECTIVE UPON
40 PASSAGE]. Sec. 3. This section does not apply to the student trustee
41 appointed to the board of trustees. Not more than:
42 (1) one (1) of the trustees elected to the board of trustees; and
SB 202—LS 6786/DI 110 4
1 (2) two (2) of the trustees appointed to the board of trustees;
2 may reside in the same county.
3 SECTION 10. IC 21-20-3-4, AS AMENDED BY P.L.29-2012,
4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 4. (a) Three (3) members One (1) member of
6 the board of trustees shall be elected by the alumni of Indiana
7 University under this chapter. In the year in which the term of any the
8 member of the board of trustees elected by the alumni expires, a
9 successor to the trustee shall be elected by the alumni of Indiana
10 University, to serve for a term of three (3) years beginning July 1 next
11 succeeding the election.
12 (b) When a vacancy occurs in the membership regarding the
13 member of the board of trustees who are is elected by the alumni,
14 because of death, resignation, or any other reason, the vacancy shall be
15 filled by selection by the Indiana University alumni association
16 executive council for the unexpired term.
17 SECTION 11. IC 21-20-3-5, AS ADDED BY P.L.2-2007,
18 SECTION 261, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE UPON PASSAGE]: Sec. 5. The members member of the
20 board of trustees who are is elected by the alumni of Indiana University
21 must be alumni an alumnus of Indiana University.
22 SECTION 12. IC 21-20-3-8, AS AMENDED BY P.L.29-2012,
23 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 UPON PASSAGE]: Sec. 8. The election of members the member of
25 the board of trustees shall be held at Indiana University on the secular
26 day immediately preceding July 1. At that time trustees the trustee
27 shall be elected to:
28 (1) serve for a term of three (3) years from July 1 next succeeding
29 the trustee's election; and
30 (2) complete any unexpired term or terms.
31 SECTION 13. IC 21-20-3-9, AS AMENDED BY P.L.29-2012,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 9. The university librarian shall conduct the
34 elections to select the three (3) alumni members one (1) alumnus
35 member of the board of trustees elected by the alumni of Indiana
36 University. All alumni (as described in section 6 of this chapter) are
37 eligible to participate in the election either by electronic or printed
38 ballot, and each eligible individual may cast only one (1) vote. A
39 request for a printed ballot must be made in writing to the university
40 librarian not later than May 1 of an election year. The university
41 librarian may adopt rules and regulations as necessary to carry out this
42 section.
SB 202—LS 6786/DI 110 5
1 SECTION 14. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 12. (a) The governor shall appoint five (5) six
4 (6) members of the board of trustees, for including the student
5 member appointed under section 13 of this chapter.
6 (b) The president pro tempore of the senate with advice from
7 the minority leader of the senate shall appoint one (1) member of
8 the board of trustees who:
9 (1) is an alumnus of Indiana University; and
10 (2) is not a member of the general assembly.
11 (c) The speaker of the house of representatives with advice from
12 the minority leader of the house of representatives shall appoint
13 one (1) member of the board of trustees who:
14 (1) is an alumnus of Indiana University; and
15 (2) is not a member of the general assembly.
16 (d) Except as provided under section 13 of this chapter, the
17 members appointed under subsection (a) shall serve terms of three
18 (3) years.
19 (e) The term of a member appointed under subsection (b) or (c)
20 shall expire on June 30 of each odd-numbered year.
21 (b) (f) Whenever a vacancy occurs in the membership of the board
22 of trustees who are appointed by the governor, president pro tempore
23 of the senate, or speaker of the house of representatives because of
24 death or resignation or for any other reason, the vacancy shall be filled
25 by an appointment of the governor appropriate appointing authority
26 for the unexpired term.
27 SECTION 15. IC 21-20-3-12.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2024]: Sec. 12.5. The board of trustees may
30 not consist of members who are all of the same sex.
31 SECTION 16. IC 21-20-3-12.7 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 12.7. One (1) member appointed
34 by the governor under section 12(a) of this chapter must be a
35 resident of Monroe County.
36 SECTION 17. IC 21-20-3-17 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE UPON PASSAGE]: Sec. 17. (a) As used in this section
39 "alumnus appointed member" refers to a current member of the
40 board of trustees who was an alumnus appointment by the
41 governor before July 1, 2024.
42 (b) An alumnus appointed member may serve until the
SB 202—LS 6786/DI 110 6
1 member's term expires.
2 (c) Notwithstanding section 12(f) of this chapter, the speaker of
3 the house of representatives shall appoint an alumnus member as
4 provided under section 12(c) of this chapter upon the earlier of:
5 (1) the expiration of an alumnus appointed member's term; or
6 (2) a vacancy on the board of trustees by an alumnus
7 appointed member.
8 (d) Notwithstanding section 12(f) of this chapter, after the
9 speaker of the house of representatives appoints an alumnus
10 member under subsection (c), the president pro tempore of the
11 senate shall appoint an alumnus member as provided under section
12 12(b) of this chapter upon the earlier of:
13 (1) the expiration of the remaining alumnus appointed
14 member's term; or
15 (2) a vacancy on the board of trustees by the remaining
16 alumnus appointed member.
17 (e) This section expires July 1, 2029.
18 SECTION 18. IC 21-21-3-2, AS ADDED BY P.L.2-2007,
19 SECTION 262, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees is
21 composed of nine (9) trustees appointed by the governor as follows:
22 (1) Seven (7) competent individuals, one (1) of whom must be a
23 student, appointed by the governor.
24 (2) Two (2) competent individuals who are alumni of Indiana
25 State University nominated by the alumni council of Indiana State
26 University.
27 (2) One (1) member who:
28 (A) is appointed by the president pro tempore of the senate
29 with advice from the minority leader of the senate;
30 (B) is an alumnus of Indiana State University; and
31 (C) is not a member of the general assembly.
32 (3) One (1) member who:
33 (A) is appointed by the speaker of the house of
34 representatives with advice from the minority leader of the
35 house of representatives;
36 (B) is an alumnus of Indiana State University; and
37 (C) is not a member of the general assembly.
38 SECTION 19. IC 21-21-3-2.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
41 not consist of trustees who are all of the same sex.
42 SECTION 20. IC 21-21-3-2.7 IS ADDED TO THE INDIANA
SB 202—LS 6786/DI 110 7
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
3 by the governor under section 2(1) of this chapter must be a
4 resident of Vigo County.
5 SECTION 21. IC 21-21-3-3, AS ADDED BY P.L.2-2007,
6 SECTION 262, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Subject to subsection Except
8 as provided under subsections (b) and (c), the term of a trustee is
9 four (4) years.
10 (b) The term of a student trustee is two (2) years.
11 (c) The term of a member appointed under section 2(2) or 2(3)
12 of this chapter shall expire on June 30 of each odd-numbered year.
13 SECTION 22. IC 21-21-3-6 IS REPEALED [EFFECTIVE JULY 1,
14 2024]. Sec. 6. An alumni member appointed to the board of trustees
15 must have completed a prescribed course of study by Indiana State
16 University or one (1) of the following predecessors of Indiana State
17 University:
18 (1) Indiana State Normal School.
19 (2) Indiana State Teachers College.
20 (3) Indiana State College.
21 SECTION 23. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
22 2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
23 SECTION 24. IC 21-21-3-9, AS ADDED BY P.L.2-2007,
24 SECTION 262, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The governor appropriate
26 appointing authority shall fill a vacancy occurring in the board of
27 trustees from death, resignation, or removal from the state for the
28 unexpired term of the retiring trustee.
29 (b) The alumni council of Indiana State University shall nominate
30 the appointee to fill a vacancy caused by the loss of an alumni member.
31 SECTION 25. IC 21-21-3-10 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) As used in this section
34 "alumnus appointed member" refers to a current member of the
35 board of trustees who was an alumnus appointment by the
36 governor before July 1, 2024.
37 (b) An alumnus appointed member may serve until the
38 member's term expires.
39 (c) Notwithstanding section 9 of this chapter, the speaker of the
40 house of representatives shall appoint an alumnus member as
41 provided under section 2(3) of this chapter upon the earlier of:
42 (1) the expiration of an alumnus appointed member's term; or
SB 202—LS 6786/DI 110 8
1 (2) a vacancy on the board of trustees by an alumnus
2 appointed member.
3 (d) Notwithstanding section 9 of this chapter, after the speaker
4 of the house of representatives appoints an alumnus member under
5 subsection (c), the president pro tempore of the senate shall
6 appoint an alumnus member as provided under section 2(2) of this
7 chapter upon the earlier of:
8 (1) the expiration of the remaining alumnus appointed
9 member's term; or
10 (2) a vacancy on the board of trustees by the remaining
11 alumnus appointed member.
12 (e) This section expires July 1, 2029.
13 SECTION 26. IC 21-22-3-3.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. The state board of trustees
16 may not consist of members who are all of the same sex.
17 SECTION 27. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
18 SECTION 264, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE UPON PASSAGE]: Sec. 1. The board of trustees
20 consists of ten (10)members, to be appointed for the term of service
21 and in the manner provided by this chapter. Except as provided under
22 section 7(c) of this chapter, the terms of all trustees terminate on July
23 1 of the year in which their terms of office expire.
24 SECTION 28. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
25 SECTION 237, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The governor shall
27 appoint ten (10) eight (8) trustees for Purdue University for the term
28 beginning on July 1 in conformity with this chapter.
29 (b) The general assembly urges the governor to appoint at least one
30 (1) resident of Allen County to the board of trustees of Purdue
31 University.
32 (c) The president pro tempore of the senate with advice from the
33 minority leader of the senate shall appoint one (1) trustee who:
34 (1) is an alumnus of Purdue University; and
35 (2) is not a member of the general assembly.
36 (d) The speaker of the house of representatives with advice from
37 the minority leader of the house of representatives shall appoint
38 one (1) trustee who:
39 (1) is an alumnus of Purdue University; and
40 (2) is not a member of the general assembly.
41 SECTION 29. IC 21-23-3-2.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
SB 202—LS 6786/DI 110 9
1 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
2 not consist of members who are all of the same sex.
3 SECTION 30. IC 21-23-3-2.7 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
6 by the governor under section 2(a) of this chapter must be a
7 resident of Tippecanoe County.
8 SECTION 31. IC 21-23-3-3, AS ADDED BY P.L.2-2007,
9 SECTION 264, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Three (3) members One
11 (1) member of the board of trustees shall be selected by the members
12 of the Purdue alumni association. One (1) of the members The
13 member must be a graduate of the school of agriculture. All members
14 The member of the board of trustees selected under this section must
15 be members a member of the alumni association and graduates of
16 Purdue University.
17 (b) At the annual meeting of the Purdue alumni association for the
18 year in which the term of office of any one (1) of the trustees the
19 trustee selected under this section expires, a successor shall be
20 selected by the members of the Purdue alumni association, in the
21 manner that the Purdue alumni association prescribes. The president of
22 the Purdue alumni association shall certify all selections made by the
23 Purdue alumni association.
24 (c) If, at any time, a vacancy occurs on the board of trustees,
25 occasioned by the death, resignation, expiration of term, or otherwise
26 of any of the members the member of the board of trustees selected by
27 the members of the Purdue alumni association, the vacancy shall be
28 filled by selection by the president of the Purdue alumni association.
29 The member selected to fill a vacancy serves until the next annual
30 meeting of the Purdue alumni association when a successor to fill out
31 the unexpired term shall be selected in the manner provided in
32 subsection (b). The member selected by the Purdue alumni association
33 shall be appointed by the governor to fill out the unexpired term.
34 SECTION 32. IC 21-23-3-4 IS REPEALED [EFFECTIVE UPON
35 PASSAGE]. Sec. 4. Seven (7) of the trustees shall be appointed by the
36 governor.
37 SECTION 33. IC 21-23-3-7, AS ADDED BY P.L.2-2007,
38 SECTION 264, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
40 subsections (b) and (c), all members of the board of trustees serve for
41 three (3) years. except for
42 (b) The student member who serves for two (2) years.
SB 202—LS 6786/DI 110 10
1 (c) The term of a member appointed under section 2(c) or 2(d)
2 of this chapter shall expire on June 30 of each odd-numbered year.
3 SECTION 34. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
4 SECTION 264, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE UPON PASSAGE]: Sec. 8. In case any vacancy occurs
6 on the board of trustees by reason of the resignation, removal from the
7 state, expiration of the term of office, or otherwise of any of the trustees
8 appointed by the governor, appropriate appointing authority, the
9 vacancy shall be filled by the governor appropriate appointing
10 authority from the respective classes as provided in this section to
11 serve only for the unexpired term.
12 SECTION 35. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
13 SECTION 264, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The acceptance of an
15 appointment by the governor, president pro tempore of the senate, or
16 speaker of the house of representatives signifies that the appointee
17 will give the appointee's best efforts to the interests of Purdue
18 University and that the appointee will regularly attend the meetings of
19 the board of trustees.
20 (b) The secretary of the board of trustees shall report the attendance
21 of each meeting of the board of trustees to the governor, president pro
22 tempore of the senate, or speaker of the house of representatives
23 regarding the respective members appointed by the governor,
24 president pro tempore of the senate, or speaker of the house of
25 representatives. If a member is absent for two (2) consecutive
26 meetings without sufficient excuse, it shall be considered sufficient
27 cause for the governor, president pro tempore of the senate, or
28 speaker of the house of representatives to ask for the resignation of
29 the member whom the governor, president pro tempore of the
30 senate, or speaker of the house of representatives appointed.
31 SECTION 36. IC 21-23-3-10 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section
34 "alumnus appointed member" refers to a current member of the
35 board of trustees who was an alumnus appointment by the
36 governor before July 1, 2024.
37 (b) An alumnus appointed member may serve until the
38 member's term expires.
39 (c) Notwithstanding section 8 of this chapter, the president pro
40 tempore of the senate shall appoint an alumnus member as
41 provided under section 2(c) of this chapter upon the earlier of:
42 (1) the expiration of an alumnus appointed member's term; or
SB 202—LS 6786/DI 110 11
1 (2) a vacancy on the board of trustees by an alumnus
2 appointed member.
3 (d) Notwithstanding section 8 of this chapter, after the president
4 pro tempore of the senate appoints an alumnus member under
5 subsection (c), the speaker of the house of representatives shall
6 appoint an alumnus member as provided under section 2(d) of this
7 chapter upon the earlier of:
8 (1) the expiration of the remaining alumnus appointed
9 member's term; or
10 (2) a vacancy on the board of trustees by the remaining
11 alumnus appointed member.
12 (e) This section expires July 1, 2029.
13 SECTION 37. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
14 SECTION 265, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board of trustees consists
16 of nine (9) ten (10) members who shall, except as provided under
17 subsections (b) and (c), serve terms of four (4) years. However,
18 (b) The term of a student member of the board of trustees is two (2)
19 years.
20 (c) The term of a member appointed under section 5(b) or 5(c)
21 of this chapter shall expire on June 30 of each odd-numbered year.
22 SECTION 38. IC 21-24-3-2.5 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
25 not consist of members who are all of the same sex.
26 SECTION 39. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
27 SECTION 265, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
29 trustees appointed by the governor must include at least the
30 following:
31 (1) One (1) member who is an alumnus of the University of
32 Southern Indiana or an alumnus of the regional campus.
33 (2) (1) One (1) member who is a full-time student in good
34 standing enrolled in the University of Southern Indiana.
35 (3) (2) One (1) member who is a resident of Vanderburgh County.
36 SECTION 40. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
37 SECTION 265, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
39 eight (8) of the members of the board of trustees.
40 (b) The president pro tempore of the senate with advice from
41 the minority leader of the senate shall appoint one (1) member to
42 the board of trustees who:
SB 202—LS 6786/DI 110 12
1 (1) is an alumnus of the University of Southern Indiana; and
2 (2) is not a member of the general assembly.
3 (c) The speaker of the house of representatives with advice from
4 the minority leader of the house of representatives shall appoint
5 one (1) member of the board of trustees who:
6 (1) is an alumnus of the University of Southern Indiana; and
7 (2) is not a member of the general assembly.
8 (b) (d) If a vacancy occurs during the term of any member, the
9 governor appropriate appointing authority shall appoint an
10 individual to serve the unexpired term of the vacating member.
11 SECTION 41. IC 21-24-3-6 IS REPEALED [EFFECTIVE JULY 1,
12 2024]. Sec. 6. (a) There is established a screening committee of the
13 University of Southern Indiana to nominate the alumnus member of the
14 board of trustees.
15 (b) The screening committee consists of five (5) members appointed
16 by the executive body of the university alumni association designated
17 by the board of trustees.
18 (c) Within seventy-five (75) days after the date that a vacancy
19 occurs on the board of trustees for the alumnus member, the screening
20 committee shall submit a list of at least three (3) names of eligible
21 individuals to a person designated by the board of trustees.
22 (d) When the names are received by the person designated by the
23 board of trustees, the designated person shall submit the names to the
24 governor.
25 (e) The governor shall appoint the alumnus member of the board of
26 trustees from the list of names submitted under subsection (d).
27 However, if the governor does not receive the names of at least three
28 (3) eligible individuals under subsection (d) within ninety (90) days
29 after the alumnus member vacancy on the board occurs, the governor
30 may appoint any individual who is otherwise eligible under this chapter
31 to serve as the alumnus member of the board of trustees.
32 SECTION 42. IC 21-24-3-8 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 8. (a) As used in this section "alumnus appointed
35 member" refers to a current member of the board of trustees who
36 was an alumnus appointment by the governor before July 1, 2024.
37 (b) An alumnus appointed member may serve until the
38 member's term expires.
39 (c) The president pro tempore of the senate shall, not later than
40 July 1, 2024, appoint an alumnus member under section 5(b) of this
41 chapter.
42 (d) Notwithstanding section 5 of this chapter, the speaker of the
SB 202—LS 6786/DI 110 13
1 house of representative shall appoint an alumnus member as
2 provided under section 5(c) of this chapter upon the earlier of:
3 (1) the expiration of the alumnus appointed member's term;
4 or
5 (2) a vacancy on the board of trustees by the alumnus
6 appointed member.
7 (e) This section expires July 1, 2029.
8 SECTION 43. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
9 SECTION 266, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
11 ten (10) eleven (11) trustees.
12 SECTION 44. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
13 SECTION 266, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) Eight (8) members
15 of the board of trustees shall be appointed by the governor, one (1) of
16 whom must be a resident of Knox County. and one (1) must be an
17 alumnus of Vincennes University. In addition, the governor shall
18 appoint one (1) trustee who is a full-time student of Vincennes
19 University during the student's term.
20 (b) The president pro tempore of the senate with advice from
21 the minority leader of the senate shall appoint one (1) member to
22 the board of trustees who:
23 (1) is an alumnus of Vincennes University; and
24 (2) is not a member of the general assembly.
25 (c) The speaker of the house of representatives with advice from
26 the minority leader of the house of representatives shall appoint
27 one (1) member of the board of trustees who:
28 (1) is an alumnus of Vincennes University; and
29 (2) is not a member of the general assembly.
30 SECTION 45. IC 21-25-3-2.5 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
33 not consist of members who are all of the same sex.
34 SECTION 46. IC 21-25-3-4, AS ADDED BY P.L.2-2007,
35 SECTION 266, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as provided under
37 subsections (b) and (c), the term of each appointed trustee is three (3)
38 years. However,
39 (b) The term of the student appointee is one (1) year.
40 (c) The term of a member appointed under section 2(b) or 2(c)
41 of this chapter shall expire on June 30 of each odd-numbered year.
42 SECTION 47. IC 21-25-3-5, AS ADDED BY P.L.2-2007,
SB 202—LS 6786/DI 110 14
1 SECTION 266, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided under
3 subsection (b), if a vacancy occurs in the membership of the board of
4 trustees, the vacancy shall be filled by the board of trustees for the
5 unexpired term.
6 (b) If a vacancy occurs among the members of the board of
7 trustees appointed under section 2(b) or 2(c) of this chapter, the
8 appropriate appointing authority shall fill the vacancy on the
9 board of trustees.
10 SECTION 48. IC 21-25-3-6, AS ADDED BY P.L.2-2007,
11 SECTION 266, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 6. Except for a member who is
13 appointed under section 2(b) or 2(c) of this chapter, the appropriate
14 number of appointive trustees shall be appointed before the first
15 Monday of October of each year. Except for a member appointed
16 under section 2(b) or 2(c) of this chapter, the first Monday is the first
17 day of their terms.
18 SECTION 49. IC 21-25-3-7, AS ADDED BY P.L.2-2007,
19 SECTION 266, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 7. There shall be the following four
21 (4) ex officio members of the board of trustees who are nonvoting
22 advisory members:
23 (1) The president of the university.
24 (2) The superintendent of the Vincennes Community School
25 Corporation.
26 (3) The superintendent of the South Knox School Corporation.
27 (4) The superintendent of the North Knox School Corporation.
28 SECTION 50. IC 21-25-3-9 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2024]: Sec. 9. (a) As used in this section "alumnus appointed
31 member" refers to a current member of the board of trustees who
32 was an alumnus appointment by the governor before July 1, 2024.
33 (b) An alumnus appointed member may serve until the
34 member's term expires.
35 (c) The speaker of the house of representatives shall, not later
36 than July 1, 2024, appoint an alumnus member under section 2(c)
37 of this chapter.
38 (d) Notwithstanding section 5 of this chapter, the president pro
39 tempore of the senate shall appoint an alumnus member as
40 provided under section 2(b) of this chapter upon the earlier of:
41 (1) the expiration of the alumnus appointed member's term;
42 or
SB 202—LS 6786/DI 110 15
1 (2) a vacancy on the board of trustees by the alumnus
2 appointed member.
3 (e) This section expires July 1, 2029.
4 SECTION 51. IC 21-25-5-3, AS ADDED BY P.L.2-2007,
5 SECTION 266, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 3. Six (6) trustees appointed under
7 IC 21-25-3-2 constitute a quorum at any regular or special meeting of
8 the board of trustees.
9 SECTION 52. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
12 committee to do the following:
13 (1) Review and recommend faculty employment policies
14 concerning cultural and intellectual diversity issues.
15 (2) Review faculty and administration personnel complaints
16 concerning cultural and intellectual diversity issues.
17 (3) Make recommendations to promote and maintain cultural and
18 intellectual diversity among faculty members.
19 (4) Make recommendations to promote recruitment and retention
20 of minority underrepresented students.
21 (b) The diversity committee shall issue an annual report stating the
22 findings, conclusions, and recommendations of the committee to the
23 board of trustees.
24 SECTION 53. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
25 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
27 committee at the home campus and at each regional campus to do the
28 following:
29 (1) Review and recommend faculty employment policies
30 concerning cultural and intellectual diversity issues.
31 (2) Review faculty and administration personnel complaints
32 concerning cultural and intellectual diversity issues.
33 (3) Make recommendations to promote and maintain cultural and
34 intellectual diversity among faculty members.
35 (4) Make recommendations to promote recruitment and retention
36 of minority underrepresented students.
37 (b) The diversity committee shall issue an annual report stating the
38 findings, conclusions, and recommendations of the committee to the
39 board of trustees.
40 SECTION 54. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
SB 202—LS 6786/DI 110 16
1 committee to do the following:
2 (1) Review and recommend faculty employment policies
3 concerning cultural and intellectual diversity issues.
4 (2) Review faculty and administration personnel complaints
5 concerning cultural and intellectual diversity issues.
6 (3) Make recommendations to promote and maintain cultural and
7 intellectual diversity among faculty members.
8 (4) Make recommendations to promote recruitment and retention
9 of minority underrepresented students.
10 (b) The diversity committee shall issue an annual report stating the
11 findings, conclusions, and recommendations of the committee to the
12 board of trustees.
13 SECTION 55. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
14 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
16 committee at the home campus and at each campus to do the following:
17 (1) Review and recommend faculty employment policies
18 concerning cultural and intellectual diversity issues.
19 (2) Review faculty and administration personnel complaints
20 concerning cultural and intellectual diversity issues.
21 (3) Make recommendations to promote and maintain cultural and
22 intellectual diversity among faculty members.
23 (4) Make recommendations to promote recruitment and retention
24 of minority underrepresented students.
25 (b) The diversity committee shall issue an annual report stating the
26 findings, conclusions, and recommendations of the committee to the
27 state board.
28 SECTION 56. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
31 committee at the home campus and at each regional campus to do the
32 following:
33 (1) Review and recommend faculty employment policies
34 concerning cultural and intellectual diversity issues.
35 (2) Review faculty and administration personnel complaints
36 concerning cultural and intellectual diversity issues.
37 (3) Make recommendations to promote and maintain cultural and
38 intellectual diversity among faculty members.
39 (4) Make recommendations to promote recruitment and retention
40 of minority underrepresented students.
41 (b) The diversity committee shall issue an annual report stating the
42 findings, conclusions, and recommendations of the committee to the
SB 202—LS 6786/DI 110 17
1 board of trustees.
2 SECTION 57. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
5 to do the following:
6 (1) Review and recommend faculty employment policies
7 concerning cultural and intellectual diversity issues.
8 (2) Review faculty and administration personnel complaints
9 concerning cultural and intellectual diversity issues.
10 (3) Make recommendations to promote and maintain cultural and
11 intellectual diversity among faculty members.
12 (4) Make recommendations to promote recruitment and retention
13 of minority underrepresented students.
14 (b) The diversity committee shall issue an annual report stating the
15 findings, conclusions, and recommendations of the committee to the
16 board.
17 SECTION 58. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
18 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
20 committee at the home campus and at each regional campus to do the
21 following:
22 (1) Review and recommend faculty employment policies
23 concerning cultural and intellectual diversity issues.
24 (2) Review faculty and administration personnel complaints
25 concerning cultural and intellectual diversity issues.
26 (3) Make recommendations to promote and maintain cultural and
27 intellectual diversity among faculty members.
28 (4) Make recommendations to promote recruitment and retention
29 of minority underrepresented students.
30 (b) The diversity committee shall issue an annual report stating the
31 findings, conclusions, and recommendations of the committee to the
32 board of trustees.
33 SECTION 59. IC 21-38-2-1, AS ADDED BY P.L.2-2007,
34 SECTION 279, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies to the
36 boards of trustees of the following state educational institutions:
37 (1) Indiana University.
38 (2) Purdue University.
39 (3) Indiana State University.
40 (4) Ball State University.
41 (b) Except as provided in section 7 of this chapter, each member
42 of the board of trustees of a state educational institution is entitled to
SB 202—LS 6786/DI 110 18
1 the minimum salary per diem provided by IC 4-10-11-2.1(b). The
2 member is also entitled to reimbursement for traveling expenses as
3 provided under IC 4-13-1-4 and other expenses actually incurred in
4 connection with the member's duties as provided in the state policies
5 and procedures established by the Indiana department of administration
6 and approved by the budget agency.
7 SECTION 60. IC 21-38-2-3, AS AMENDED BY P.L.3-2008,
8 SECTION 145, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
10 section 7 of this chapter, a member of the board of trustees of Ivy
11 Tech Community College is entitled to the minimum salary per diem
12 provided by IC 4-10-11-2.1(b), unless the member holds another
13 position that is considered a lucrative office within the meaning of
14 Article 2, Section 9 of the Constitution of the State of Indiana.
15 (b) A member of the board of trustees of Ivy Tech Community
16 College is entitled to reimbursement for travel expenses and other
17 expenses actually incurred in connection with the member's duties as
18 provided in the state policies and procedures established by the Indiana
19 department of administration and approved by the budget agency.
20 SECTION 61. IC 21-38-2-5, AS ADDED BY P.L.2-2007,
21 SECTION 279, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided in section
23 7 of this chapter, each member of the board of trustees of the
24 University of Southern Indiana is entitled to the minimum salary per
25 diem provided by IC 4-10-11-2.1(b). Each member is also entitled to
26 reimbursement for traveling expenses and other expenses actually
27 incurred in connection with the member's duties, as provided in the
28 state travel policies and procedures established by the department of
29 administration and approved by the budget agency.
30 SECTION 62. IC 21-38-2-6, AS ADDED BY P.L.2-2007,
31 SECTION 279, IS AMENDED TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2024]: Sec. 6. Except as provided in section
33 7 of this chapter, the members of the board of trustees of Vincennes
34 University shall serve without compensation, except that each member
35 is entitled to the salary per diem as provided by IC 4-10-11-2.1 and to
36 reimbursement for travel, lodging, meals, and other expenses as
37 provided in the state travel policies and procedures established by the
38 Indiana department of administration and approved by the budget
39 agency.
40 SECTION 63. IC 21-38-2-7 IS ADDED TO THE INDIANA CODE
41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42 1, 2024]: Sec. 7. Any member of a board of trustees of a state
SB 202—LS 6786/DI 110 19
1 educational institution who is a state employee:
2 (1) is not entitled to a minimum salary per diem provided by
3 IC 4-10-11-2.1; and
4 (2) is entitled to reimbursement for traveling expenses as
5 provided under IC 4-13-1-4 and other expenses actually
6 incurred in connection with the member's duties as provided
7 in the state policies and procedures established by the Indiana
8 department of administration and approved by the budget
9 agency.
10 SECTION 64. IC 21-38-10 IS ADDED TO THE INDIANA CODE
11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]:
13 Chapter 10. Diversity Programming
14 Sec. 1. A state educational institution that establishes, supports,
15 sustains, or employs an office or individual whose primary duties
16 include coordinating, creating, developing, designing,
17 implementing, organizing, planning, or promoting noncredit
18 earning diversity programming shall include within the mission of
19 the office or position programming that substantially promotes
20 both cultural and intellectual diversity.
21 SECTION 65. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
22 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 12. A state educational institution shall:
24 (1) create student protected expressive activity policies that are
25 consistent with this chapter;
26 (2) create a policy that includes a range of disciplinary actions
27 with regard to an employee, student, student organization, or
28 contractor of the state educational institution that materially
29 and substantially disrupts the protected expressive activity of
30 another employee, student, student organization, or
31 contractor of the state educational institution;
32 (2) (3) make protected expressive activity policies created under
33 subdivisions (1) and (2) public in the state educational
34 institution's handbooks, on the state educational institution's
35 Internet web site, website, and at the state educational institution's
36 student orientation programs; and
37 (3) (4) develop materials, programs, and procedures to ensure that
38 individuals who are responsible for disciplining and educating
39 students, including administrators, campus police officers,
40 residence life officials, and professors, understand the policies,
41 regulations, and duties of the state educational institution
42 regarding protected expressive activity on campus.
SB 202—LS 6786/DI 110 20
1 SECTION 66. IC 21-39.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]:
4 ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
5 THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
6 AND INTELLECTUAL DIVERSITY
7 Chapter 1. Definitions
8 Sec. 1. The definitions in this chapter apply throughout this
9 article.
10 Sec. 2. "Board of trustees" refers to the board of trustees of
11 each of the following:
12 (1) Ball State University.
13 (2) Indiana State University.
14 (3) Indiana University.
15 (4) Ivy Tech Community College.
16 (5) Purdue University.
17 (6) University of Southern Indiana.
18 (7) Vincennes University.
19 Sec. 3. "Faculty member" means an employee of an institution
20 whose employment duties include teaching or mentoring students
21 of the institution.
22 Sec. 4. "Institution" refers to a state educational institution.
23 Sec. 5. "Intellectual diversity" means multiple, divergent, and
24 varied scholarly perspectives on an extensive range of public policy
25 issues.
26 Sec. 6. "Promotion" means the advancement of a faculty
27 member's employment position to a higher rank, level, or
28 distinction within an institution.
29 Sec. 7. "Tenure" means a status of continuous employment
30 granted to a faculty member of an institution in which the faculty
31 member may not be dismissed except for good cause or in
32 accordance with one (1) or more of the following:
33 (1) The policies and procedures adopted by the institution.
34 (2) An employment agreement entered into between the
35 institution and faculty member.
36 Chapter 2. Tenure, Promotion, Employment, Complaints, and
37 Disciplinary Actions
38 Sec. 1. (a) This section applies to an institution that grants
39 tenure or promotions to faculty members.
40 (b) Each board of trustees of an institution shall establish a
41 policy that provides that a faculty member may not be granted
42 tenure or a promotion by the institution if, based on past
SB 202—LS 6786/DI 110 21
1 performance or other determination by the board of trustees, the
2 faculty member is:
3 (1) unlikely to foster a culture of free inquiry, free expression,
4 and intellectual diversity within the institution;
5 (2) unlikely to expose students to scholarly works from a
6 variety of political or ideological frameworks that may exist
7 within and are applicable to the faculty member's academic
8 discipline; or
9 (3) likely, while performing teaching or mentoring duties
10 within the scope of the faculty member's employment, to
11 subject students to political or ideological views and opinions
12 that are unrelated to the faculty member's academic
13 discipline or assigned course of instruction.
14 Sec. 2. (a) Not later than five (5) years after the date that a
15 faculty member is granted tenure by an institution and not later
16 than every five (5) years thereafter, the board of trustees of an
17 institution shall review and determine whether the faculty member
18 has:
19 (1) helped the institution foster a culture of free inquiry, free
20 expression, and intellectual diversity within the institution;
21 (2) introduced students to scholarly works from a variety of
22 political or ideological frameworks that may exist within the
23 faculty member's academic discipline or within courses the
24 faculty member has taught;
25 (3) while performing teaching or mentoring duties within the
26 scope of the faculty member's employment, refrained from
27 subjecting students to views and opinions concerning matters
28 not related to the faculty member's academic discipline or
29 assigned course of instruction;
30 (4) adequately performed academic duties and obligations;
31 and
32 (5) met any other criteria established by the board of trustees.
33 (b) If the board of trustees of an institution reviews and makes
34 a determination that a faculty member meets the criteria under
35 subsection (a), the board of trustees shall certify that the board
36 reviewed and made a determination that the faculty member met
37 the criteria.
38 (c) In determining whether a faculty member has adequately
39 performed academic duties and obligations under subsection (a)(4),
40 the board of trustees of an institution may not consider the
41 following actions by a faculty member:
42 (1) Expressing dissent or engaging in research or public
SB 202—LS 6786/DI 110 22
1 commentary on subjects.
2 (2) Criticizing the institution's leadership.
3 (3) Engaging in any political activity conducted outside the
4 faculty member's teaching or mentoring duties at the
5 institution.
6 (d) The institution shall adopt a policy that establishes
7 disciplinary actions, including:
8 (1) termination;
9 (2) demotion;
10 (3) salary reduction;
11 (4) other disciplinary action as determined by the institution;
12 or
13 (5) any combination of subdivisions (1) through (4);
14 that the institution will take if the board of trustees determines in
15 a review conducted under subsection (a) that a tenured faculty
16 member has failed to meet one (1) or more of the criteria described
17 in subsection (a)(1) through (a)(5).
18 (e) The board of trustees of each institution shall, at least every
19 five (5) years, review and renew or amend:
20 (1) the process for reviewing and making a determination
21 under subsection (a); and
22 (2) any criteria established under subsection (a)(5).
23 Sec. 3. (a) This section applies to the following:
24 (1) A faculty member.
25 (2) A person with whom the institution contracts to teach or
26 mentor a student of the institution.
27 (b) Before an institution:
28 (1) renews an employment agreement or other contract with;
29 (2) makes a bonus decision regarding; or
30 (3) completes a review or performance assessment of;
31 a faculty member or person described in subsection (a), the
32 institution shall give substantial consideration to the faculty
33 member's or person's performance regarding the criteria
34 described in section 2(a)(1) through 2(a)(5) of this chapter.
35 Sec. 4. (a) Each institution shall do the following:
36 (1) Establish a procedure that allows both students and
37 employees to submit complaints that a faculty member or
38 person described in section 3(a) of this chapter is not meeting
39 the criteria described in section 2(a)(1) through 2(a)(5) of this
40 chapter.
41 (2) Provide information regarding the procedure established
42 under subdivision (1):
SB 202—LS 6786/DI 110 23
1 (A) at student orientations;
2 (B) on the institution's website; and
3 (C) during employee onboarding programs.
4 (3) Refer complaints submitted under subdivision (1) to
5 appropriate human resource professionals and supervisors
6 for consideration in employee reviews and tenure and
7 promotion decisions.
8 (4) Make complaints submitted under subdivision (1) and any
9 relevant documents, summaries, or investigations available to
10 the board of trustees of the institution.
11 (5) Not later than April 1, 2025, and not later than April 1
12 each year thereafter, submit a report to the commission for
13 higher education that summarizes the following:
14 (A) The procedure that the institution established under
15 subdivision (1) for the submission of complaints.
16 (B) How and when the institution has provided or made
17 available the information concerning the submission of
18 complaints procedure to students, faculty members, other
19 employees, and contractors of the institution.
20 (C) The number of complaints submitted, disaggregated by
21 a brief description of the types or categories of complaints
22 submitted, during the previous calendar year.
23 (b) The commission for higher education shall do the following:
24 (1) Prepare a report that provides the following information:
25 (A) The total number of complaint submissions that each
26 institution received as provided by the institution under
27 subsection (a)(5).
28 (B) The number of complaint submissions as described in
29 clause (A), disaggregated by a brief description of the types
30 or categories of complaints submitted.
31 (2) Not later than July 1, 2025, and not later than July 1 of
32 each odd-numbered year thereafter, submit the report
33 described in subdivision (1) to the following:
34 (A) The legislative council in an electronic format under
35 IC 5-14-6.
36 (B) The budget committee.
37 (c) An institution and the commission for higher education may
38 not include information in a report submitted under this section
39 that identifies the following:
40 (1) A student or employee who submits a complaint under this
41 section.
42 (2) A faculty member or person described in section 3(a)(2) of
SB 202—LS 6786/DI 110 24
1 this chapter against whom a complaint was submitted.
2 Sec. 5. If an institution is unable to fully comply with this
3 chapter due to an employment agreement entered into with a
4 faculty member or person described in section 3(a) of this chapter
5 before July 1, 2024, the institution shall attempt to comply with this
6 chapter to the extent possible under the employment agreement
7 with the faculty member or person.
8 Sec. 6. Nothing in this chapter prohibits or restricts a board of
9 trustees of an institution from establishing additional policies or
10 criteria.
11 Chapter 3. Requirements Regarding Students, Employees,
12 Contractors, and Applicants
13 Sec. 1. (a) This section applies to the following:
14 (1) An applicant for admission, enrollment, or employment at
15 an institution.
16 (2) An employee of the institution.
17 (3) A person with whom the institution contracts to teach or
18 mentor a student of the institution.
19 (b) An institution may not require an applicant, an employee, or
20 a person described in subsection (a) to pledge allegiance to or make
21 a statement of personal support for any:
22 (1) policy or action that would treat similarly situated people
23 or groups of people differently based on the race, color,
24 national origin, sex, sexual orientation, or religion; or
25 (2) political or ideological movement.
26 (c) If an institution receives a pledge or statement described in
27 subsection (b), including any statement regarding diversity, equity,
28 and inclusion, or related topics, the institution may not award:
29 (1) admission, enrollment, or employment;
30 (2) benefits;
31 (3) hiring, reappointment, or promotion; or
32 (4) granting tenure;
33 to an applicant, an employee, or a person described in subsection
34 (a) on the basis of the viewpoints expressed in the pledge or
35 statement.
36 Sec. 2. An institution shall include the following information in
37 the institution's programming for new students:
38 (1) The importance of:
39 (A) free inquiry and free expression; and
40 (B) intellectual diversity of viewpoints.
41 (2) The appropriate and inappropriate responses to speech
42 that a student finds offensive or disagreeable.
SB 202—LS 6786/DI 110 25
1 Chapter. 4. Policy on Neutrality
2 Sec. 1. The board of trustees of each institution shall adopt a
3 policy on the neutrality of the institution that makes a distinction
4 between the official positions of the institution, including its
5 schools, colleges, and departments, from the individual viewpoints
6 of the institution's employees, contractors, students, and alumni.
7 Sec. 2. A policy adopted under section 1 of this chapter must
8 limit the circumstances in which an employee or group of
9 employees from the institution may establish an official institution,
10 school, college, or department position on political, moral, or
11 ideological issues to only those circumstances that affect the core
12 mission of the institution and its values of free inquiry, free
13 expression, and intellectual diversity.
14 Sec. 3. Nothing in this chapter may be construed to limit the:
15 (1) free speech of any individual beyond any employment
16 requirements established by the institution; or
17 (2) ability of an institution to advocate for state funding or
18 educational policies to the state or federal government.
19 Chapter 5. Reporting Requirements
20 Sec. 1. The commission for higher education may establish a
21 student survey that attempts to collect information from students
22 of an institution regarding the current perceptions of whether free
23 speech and academic freedom are recognized and fostered by the
24 institution in a manner that welcomes expression of different
25 opinions and ideologies with respect to, but not limited to, classes,
26 faculty members and other instructors, peer interactions, speakers,
27 and campus groups.
28 Sec. 2. If the commission for higher education establishes a
29 student survey under section 1 of this chapter, each institution may
30 promote and provide to students the survey established under
31 section 1 of this chapter.
32 Sec. 3. If the commission for higher education establishes a
33 student survey under section 1 of this chapter, the commission for
34 higher education may do the following:
35 (1) Prepare a biennial report that summarizes, for each
36 institution, the information collected from the student survey
37 responses.
38 (2) Submit the report described in subdivision (1) to the
39 legislative council in an electronic format under IC 5-14-6.
40 (3) Post the report on the commission for higher education's
41 website.
42 Sec. 4. Not later than September 1, 2024, each institution shall
SB 202—LS 6786/DI 110 26
1 submit the following to the commission for higher education and
2 the state budget committee:
3 (1) Data describing the institution's budget allocations for
4 diversity, equity, and inclusion initiatives.
5 (2) Information regarding the definitions, guidelines, and
6 parameters the institution used in determining which
7 initiatives were considered by the institution to be diversity,
8 equity, and inclusion initiatives.
9 This section expires July 1, 2025.
10 Sec. 5. Not later than November 1, 2024, the commission for
11 higher education shall do the following:
12 (1) Review the information submitted by the institutions
13 under section 4 of this chapter.
14 (2) Recommend to the budget committee consistent
15 definitions, guidelines, and parameters that would allow the
16 information submitted under section 4 of this chapter to be
17 compared across institutions and academic years.
18 This section expires July 1, 2025.
19 Sec. 6. At the time an institution submits its legislative budget
20 request, the institution shall, in a manner prescribed by the state
21 budget committee, submit to the state budget committee data
22 describing the institution's budget allocations for diversity, equity,
23 and inclusion initiatives.
24 Chapter 6. Construction and Enforcement
25 Sec. 1. Nothing in this article may be construed to do the
26 following:
27 (1) Preclude efforts to gauge an applicant's commitment,
28 plans, or past performance in fostering intellectual diversity.
29 (2) Prohibit an institution from:
30 (A) requiring a student, faculty member, contractor, or
31 any other employee of the institution to comply with
32 federal or state antidiscrimination laws; or
33 (B) taking action against a student, faculty member,
34 contractor, or any other employee of the institution for a
35 violation of federal or state antidiscrimination laws.
36 (3) Limit or restrict the academic freedom of faculty members
37 or prevent faculty members from teaching, researching, or
38 writing publications about diversity, equity, and inclusion or
39 other topics.
40 (4) Prohibit an institution from considering the subject matter
41 competency of any candidate for employment, reappointment,
42 tenure, or promotion when the subject matter is germane to
SB 202—LS 6786/DI 110 27
1 the candidate's or faculty member's field of scholarship.
2 (5) Prohibit an institution from considering the candidate's or
3 faculty member's past or potential for future contributions to
4 fostering a culture of intellectual diversity at the institution.
5 (6) Prohibit an institution from complying with federal
6 requirements to be eligible for federal grants.
7 Sec. 2. (a) As used in this chapter, "petitioner" means any of the
8 following:
9 (1) A student of an institution.
10 (2) An employee of an institution.
11 (3) A contractor of an institution.
12 (4) An applicant for admission, enrollment, or employment
13 with the institution.
14 (b) After completing any applicable complaint process
15 established by the institution regarding a violation of this article,
16 a petitioner who is not satisfied with a final decision by the
17 institution regarding a complaint of a violation of this article, may
18 submit a request to the commission for higher education, on a form
19 prescribed by the commission for higher education, to review any
20 complaint by the petitioner and decision by the institution, as
21 applicable.
22 (c) The commission for higher education shall review the
23 request submitted under subsection (b) and issue a final order
24 regarding the request not later than sixty (60) days after the date
25 that the commission for higher education receives the request.
26 SECTION 67. IC 21-49-4 IS ADDED TO THE INDIANA CODE
27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]:
29 Chapter 4. State Educational Institution Information Reporting
30 Sec. 1. Not later than September 1, 2024, each state educational
31 institution shall submit to the commission for higher education and
32 the state budget committee the following information:
33 (1) For each academic year, beginning with the 2017-2018
34 academic year, the total number of state educational
35 institution:
36 (A) full-time and tenured professors;
37 (B) adjunct instructors;
38 (C) other contingent faculty; and
39 (D) nonacademic support or administrative employees.
40 (2) For each academic year, the total number of employees at
41 the state educational institution whose primary or secondary
42 job duties or job titles include diversity, equity, and inclusion.
SB 202—LS 6786/DI 110 28
1 (3) For each academic year, the total number of state
2 educational institution adjudications or proceedings
3 regarding violations of policies regarding diversity, equity,
4 and inclusion or harassment.
5 (4) A list and description of what the state educational
6 institution does to ensure free speech rights of students.
7 (5) A list and description of what the state educational
8 institution does to ensure intellectual freedom for professors.
9 (6) A list and description of what the state educational
10 institution does to ensure intellectual and ideological diversity
11 of professors.
12 (7) Information regarding the definitions, guidelines, and
13 parameters the institution used in determining which
14 information under subdivisions (1) through (6) to include in
15 the submission under this section.
16 This section expires July 1, 2025.
17 Sec. 2. Not later than November 1, 2024, the commission for
18 higher education shall do the following:
19 (1) Review the information submitted by the institutions
20 under section 1 of this chapter.
21 (2) Recommend to the budget committee consistent
22 definitions, guidelines, and parameters that would allow the
23 information submitted under section 1 of this chapter to be
24 compared across state educational institutions and academic
25 years.
26 This section expires July 1, 2025.
27 Sec. 3. At the time a state educational institution submits its
28 legislative budget request, the state educational institution shall, in
29 a manner prescribed by the state budget committee, submit to the
30 state budget committee the following information:
31 (1) For each academic year, the total number of state
32 educational institution:
33 (A) full-time and tenured professors;
34 (B) adjunct instructors;
35 (C) other contingent faculty; and
36 (D) nonacademic support or administrative employees.
37 (2) For each academic year, the total number of employees at
38 the state educational institution whose primary or secondary
39 job duties or job titles include diversity, equity, and inclusion.
40 (3) For each academic year, the total number of state
41 educational institution adjudications or proceedings
42 regarding violations of policies regarding diversity, equity,
SB 202—LS 6786/DI 110 29
1 and inclusion or harassment.
2 (4) A list and description of what the state educational
3 institution does to ensure free speech rights of students.
4 (5) A list and description of what the state educational
5 institution does to ensure intellectual freedom for professors.
6 (6) A list and description of what the state educational
7 institution does to ensure intellectual and ideological diversity
8 of professors.
9 SECTION 68. An emergency is declared for this act.
SB 202—LS 6786/DI 110 30
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 202, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
following eleven (11) members:
(1) Nine (9) members appointed by the governor as follows:
(1) (A) Six (6) members who must be at large.
(2) (B) Two (2) members who must be alumni of Ball State
University.
(3) (C) One (1) member who must be a Ball State University
student.
(2) Two (2) at-large members appointed by the legislative
council who are not members of the general assembly.
SECTION 2. IC 21-19-3-3 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 3. Not more than six (6) of the nonstudent members of the
board of trustees may be of the same sex.
SECTION 3. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
death, incapacitation, or resignation shall be filled by appointment of
the governor appropriate appointing authority for the unexpired
term. Vacancies in offices held by alumni members shall be filled from
nominees submitted by the Ball State University alumni council.
SECTION 4. IC 21-20-3-2, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees has nine (9) eleven (11)
members.
SECTION 5. IC 21-20-3-3 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 3. This section does not apply to the student trustee
appointed to the board of trustees. Not more than:
(1) one (1) of the trustees elected to the board of trustees; and
(2) two (2) of the trustees appointed to the board of trustees;
may reside in the same county.
SECTION 6. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
SB 202—LS 6786/DI 110 31
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) The governor shall appoint five (5)
members of the board of trustees. for
(b) The legislative council shall appoint two (2) at-large
members of the board of trustees who are not members of the
general assembly.
(c) The members appointed under this section shall serve terms
of three (3) years.
(b) (d) Whenever a vacancy occurs in the membership of the board
of trustees who are appointed by the governor or legislative council
because of death or resignation or for any other reason, the vacancy
shall be filled by an appointment of the governor original appointing
authority for the unexpired term.
SECTION 7. IC 21-21-3-2, AS ADDED BY P.L.2-2007, SECTION
262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
following eleven (11) trustees:
(1) Nine (9) members appointed by the governor as follows:
(1) (A) Seven (7) competent individuals, one (1) of whom
must be a student.
(2) (B) Two (2) competent individuals who are alumni of
Indiana State University nominated by the alumni council of
Indiana State University.
(2) Two (2) at-large members appointed by the legislative
council who are not members of the general assembly.
SECTION 8. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
SECTION 9. IC 21-21-3-9, AS ADDED BY P.L.2-2007, SECTION
262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. (a) The governor appropriate appointing authority
shall fill a vacancy occurring in the board of trustees from death,
resignation, or removal from the state for the unexpired term of the
retiring trustee.
(b) The alumni council of Indiana State University shall nominate
the appointee to fill a vacancy caused by the loss of an alumni member.
SECTION 10. IC 21-22-3-1, AS ADDED BY P.L.2-2007,
SECTION 263, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. Ivy Tech Community College
shall be governed by a state board of trustees appointed by the governor
and the legislative council as provided under section 3 of this
chapter.
SECTION 11. IC 21-22-3-3, AS AMENDED BY P.L.174-2018,
SB 202—LS 6786/DI 110 32
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The number of members of the state board
of trustees must equal the number of regions established by the state
board of trustees plus one (1) three (3) additional member, members,
but shall not exceed fifteen (15) seventeen (17) total members.
(b) The legislative council shall appoint two (2) at-large
members to the state board of trustees who are not members of the
general assembly. The governor shall appoint the remaining
members described in subsection (a).
(c) The state board of trustees shall divide the state of Indiana into
regions. Each region shall be represented by one (1) trustee appointed
by the governor.
(d) Each member of the state board of trustees appointed by the
governor must have knowledge or experience in one (1) or more of the
following areas:
(1) Manufacturing.
(2) Commerce.
(3) Labor.
(4) Agriculture.
(5) State and regional economic development needs.
(6) Indiana's educational delivery system.
(e) One (1) member appointed by the governor must serve as an
at-large member. Appointments shall be for three (3) year terms, on a
staggered basis.
(b) (f) An individual who holds an elective or appointed office of
the state is not eligible to serve as a member of the state board of
trustees. A member of a campus board may be appointed to the state
board of trustees but must then resign from the campus board.
SECTION 12. IC 21-22-3-4, AS AMENDED BY P.L.174-2018,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. The governor appropriate appointing
authority shall fill all vacancies on the state board of trustees. All
members of the state board of trustees who are serving on July 1, 2018,
are entitled to serve until the ends end of their terms. At the end of a
trustee's term or otherwise upon the occurrence of a vacancy, the
governor appropriate appointing authority may appoint a trustee in
accordance with section 3 of this chapter.
SECTION 13. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
ten (10) twelve (12) members, to be appointed for the term of service
and in the manner provided by this chapter. The terms of all trustees
SB 202—LS 6786/DI 110 33
terminate on July 1 of the year in which their terms of office expire.
SECTION 14. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The governor shall appoint
ten (10) trustees, which includes the Purdue University alumni
selected under section 3 of this chapter, for Purdue University for the
term beginning on July 1 in conformity with this chapter.
(b) The general assembly urges the governor to appoint at least one
(1) resident of Allen County to the board of trustees of Purdue
University.
(c) Two (2) at-large members shall be appointed to the board of
trustees by the legislative council. The members appointed under
this subsection may not be members of the general assembly.
SECTION 15. IC 21-23-3-4 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 4. Seven (7) of the trustees shall be appointed by the
governor.
SECTION 16. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 8. In case any vacancy occurs on
the board of trustees by reason of the resignation, removal from the
state, expiration of the term of office, or otherwise of any of the trustees
appointed by the governor, applicable appointing authority, the
vacancy shall be filled by the governor applicable appointing
authority from the respective classes as provided in this section to
serve only for the unexpired term.
SECTION 17. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The acceptance of an
appointment by the governor or legislative council signifies that the
appointee will give the appointee's best efforts to the interests of
Purdue University and that the appointee will regularly attend the
meetings of the board of trustees.
(b) The secretary of the board of trustees shall report the attendance
of each meeting of the board of trustees to the governor and legislative
council regarding the respective members appointed by the
governor or legislative council. If a member is absent for two (2)
consecutive meetings without sufficient excuse, it shall be considered
sufficient cause for the governor or legislative council to ask for the
resignation of the member whom the governor or legislative council
appointed.
SECTION 18. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
SB 202—LS 6786/DI 110 34
[EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees consists of
nine (9) eleven (11) members who shall serve terms of four (4) years.
However, the term of a student member of the board of trustees is two
(2) years.
SECTION 19. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
trustees appointed by the governor must include at least the
following:
(1) One (1) member who is an alumnus of the University of
Southern Indiana or an alumnus of the regional campus.
(2) One (1) member who is a full-time student in good standing
enrolled in the University of Southern Indiana.
(3) One (1) member who is a resident of Vanderburgh County.
SECTION 20. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
nine (9) of the members of the board of trustees.
(b) The legislative council shall appoint two (2) at-large
members to the board of trustees. The members appointed under
this subsection may not be members of the general assembly.
(b) (c) If a vacancy occurs during the term of any member, the
governor appointing authority shall appoint an individual to serve the
unexpired term of the vacating member.
SECTION 21. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
ten (10) twelve (12) trustees.
SECTION 22. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) members of the
board of trustees shall be appointed by the governor, one (1) of whom
must be a resident of Knox County and one (1) of whom must be an
alumnus of Vincennes University. In addition, the governor shall
appoint one (1) trustee who is a full-time student of Vincennes
University during the student's term.
(b) The legislative council shall appoint two (2) at-large
members to the board of trustees. The members appointed under
this subsection may not be members of the general assembly.".
Page 4, between lines 9 and 10, begin a new paragraph and insert:
"SECTION 30. IC 21-38-2-1, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
SB 202—LS 6786/DI 110 35
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies to the
boards of trustees of the following state educational institutions:
(1) Indiana University.
(2) Purdue University.
(3) Indiana State University.
(4) Ball State University.
(b) Except as provided in section 7 of this chapter, each member
of the board of trustees of a state educational institution is entitled to
the minimum salary per diem provided by IC 4-10-11-2.1(b). The
member is also entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
SECTION 31. IC 21-38-2-3, AS AMENDED BY P.L.3-2008,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
section 7 of this chapter, a member of the board of trustees of Ivy
Tech Community College is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b), unless the member holds another
position that is considered a lucrative office within the meaning of
Article 2, Section 9 of the Constitution of the State of Indiana.
(b) A member of the board of trustees of Ivy Tech Community
College is entitled to reimbursement for travel expenses and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SECTION 32. IC 21-38-2-5, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided in section
7 of this chapter, each member of the board of trustees of the
University of Southern Indiana is entitled to the minimum salary per
diem provided by IC 4-10-11-2.1(b). Each member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the budget agency.
SECTION 33. IC 21-38-2-6, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. Except as provided in section
7 of this chapter, the members of the board of trustees of Vincennes
University shall serve without compensation, except that each member
SB 202—LS 6786/DI 110 36
is entitled to the salary per diem as provided by IC 4-10-11-2.1 and to
reimbursement for travel, lodging, meals, and other expenses as
provided in the state travel policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
SECTION 34. IC 21-38-2-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 7. Any member of a board of trustees of a state
educational institution who is a state employee:
(1) is not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1; and
(2) is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually
incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget
agency.".
Page 12, after line 24, begin a new paragraph and insert:
"SECTION 39. IC 21-49-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 4. State Educational Institution Information Reporting
Sec. 1. Each state educational institution shall, at the time the
state educational institution submits its legislative budget request,
submit to the budget committee a report that includes the following
information:
(1) For each academic year, beginning with the 2000-2001
academic year, the total number of state educational
institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
SB 202—LS 6786/DI 110 37
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 202 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 17, delete lines 7 through 29, begin a new paragraph and
insert:
"Sec. 4. Not later than September 1, 2024, each institution shall
submit the following to the commission for higher education and
the state budget committee:
(1) Data describing the institution's budget allocations for
diversity, equity, and inclusion initiatives.
(2) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
initiatives were considered by the institution to be diversity,
equity, and inclusion initiatives.
This section expires July 1, 2025.
Sec. 5. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 4 of this chapter.
(2) Recommend to the budget committee consistent
definitions, guidelines, and parameters that would allow the
information submitted under section 4 of this chapter to be
compared across institutions and academic years.
This section expires July 1, 2025.
Sec. 6. At the time an institution submits its legislative budget
request, the institution shall, in a manner prescribed by the state
SB 202—LS 6786/DI 110 38
budget committee, submit to the state budget committee data
describing the institution's budget allocations for diversity, equity,
and inclusion initiatives.".
Page 18, delete lines 32 through 42, begin a new paragraph and
insert:
"SECTION 38. IC 21-49-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 4. State Educational Institution Information Reporting
Sec. 1. Not later than September 1, 2024, each state educational
institution shall submit to the commission for higher education and
the state budget committee the following information:
(1) For each academic year, beginning with the 2017-2018
academic year, the total number of state educational
institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.
(7) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
information under subdivisions (1) through (6) to include in
the submission under this section.
This section expires July 1, 2025.
Sec. 2. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 1 of this chapter.
SB 202—LS 6786/DI 110 39
(2) Recommend to the budget committee consistent
definitions, guidelines, and parameters that would allow the
information submitted under section 1 of this chapter to be
compared across state educational institutions and academic
years.
This section expires July 1, 2025.
Sec. 3. At the time a state educational institution submits its
legislative budget request, the state educational institution shall, in
a manner prescribed by the state budget committee, submit to the
state budget committee the following information:
(1) For each academic year, the total number of state
educational institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.".
Delete page 19.
(Reference is to SB 202 as printed January 26, 2024.)
DEERY
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 1, delete lines 1 through 15, begin a new paragraph and insert:
"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
SB 202—LS 6786/DI 110 40
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of the following
nine (9) members:
(1) Seven (7) members appointed by the governor as follows:
(1) (A) Six (6) members who must be at large.
(2) Two (2) members who must be alumni of Ball State
University.
(3) (B) One (1) member who must be a Ball State University
student.
(2) Two (2) members appointed as follows:
(A) One (1) member who:
(i) is appointed by the president pro tempore of the
senate with advice from the minority leader of the
senate;
(ii) is an alumnus of Ball State University; and
(iii) is not a member of the general assembly.
(B) One (1) member who:
(i) is appointed by the speaker of the house of
representatives with advice from the minority leader of
the house of representatives;
(ii) is an alumnus of Ball State University; and
(iii) is not a member of the general assembly.
SECTION 2. IC 21-19-3-3, AS AMENDED BY P.L.29-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. Not more than six (6) of the nonstudent
members of The board of trustees may be of not consist of members
who are all of the same sex.
SECTION 3. IC 21-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. (a) The Ball State University alumni council shall
designate the term and nominate a person for each of the two (2)
alumni memberships on the board of trustees.
(b) The Ball State University alumni council, through the president
of Ball State University, shall submit the names of the nominees to the
governor for the governor's immediate appointment to the board of
trustees.
SECTION 4. IC 21-19-3-7 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 7. At least thirty (30) days before the expiration of the term
of an alumni member, the Ball State University Alumni Council, or its
successor, must submit, through the president of Ball State University,
the name of the nominee to succeed the retiring alumni member. The
governor shall appoint the nominee as an alumni member of the board
of trustees.
SB 202—LS 6786/DI 110 41
SECTION 5. IC 21-19-3-8, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8. (a) With the exception of the student member of the
board of trustees, Except as provided under subsections (c) and (d),
all appointments to the Ball State University board of trustees are for
four (4) year terms. Except for appointments under section 2(2) of
this chapter, each term of a nonstudent board member begins on
January 1 of the appropriate year.
(b) The term of a member continues until the member's successor is
appointed and qualified.
(c) The student member of the board of trustees is appointed for a
two (2) year term. The student member's term begins on July 1 of the
year in which the student member is appointed. The student member
must be a full-time student at Ball State University throughout the
student member's term.
(d) The term of a member appointed under section 2(2) of this
chapter shall expire on June 30 of each odd-numbered year.
SECTION 6. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
death, incapacitation, or resignation shall be filled by appointment of
the governor appropriate appointing authority for the unexpired
term. Vacancies in offices held by alumni members shall be filled from
nominees submitted by the Ball State University alumni council.
SECTION 7. IC 21-19-3-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 10. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 9 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(2)(A) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 9 of this chapter, after the president
pro tempore of the senate appoints an alumnus member under
subsection (c), the speaker of the house of representatives shall
appoint an alumnus member as provided under section 2(2)(B) of
this chapter upon the earlier of:
SB 202—LS 6786/DI 110 42
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 8. IC 21-20-3-3 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 3. This section does not apply to the student trustee
appointed to the board of trustees. Not more than:
(1) one (1) of the trustees elected to the board of trustees; and
(2) two (2) of the trustees appointed to the board of trustees;
may reside in the same county.
SECTION 9. IC 21-20-3-4, AS AMENDED BY P.L.29-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Three (3) members One (1) member of
the board of trustees shall be elected by the alumni of Indiana
University under this chapter. In the year in which the term of any the
member of the board of trustees elected by the alumni expires, a
successor to the trustee shall be elected by the alumni of Indiana
University, to serve for a term of three (3) years beginning July 1 next
succeeding the election.
(b) When a vacancy occurs in the membership regarding the
member of the board of trustees who are is elected by the alumni,
because of death, resignation, or any other reason, the vacancy shall be
filled by selection by the Indiana University alumni association
executive council for the unexpired term.
SECTION 10. IC 21-20-3-5, AS ADDED BY P.L.2-2007,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. The members member of the
board of trustees who are is elected by the alumni of Indiana University
must be alumni an alumnus of Indiana University.
SECTION 11. IC 21-20-3-8, AS AMENDED BY P.L.29-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. The election of members the member of
the board of trustees shall be held at Indiana University on the secular
day immediately preceding July 1. At that time trustees the trustee
shall be elected to:
(1) serve for a term of three (3) years from July 1 next succeeding
the trustee's election; and
(2) complete any unexpired term or terms.
SECTION 12. IC 21-20-3-9, AS AMENDED BY P.L.29-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The university librarian shall conduct the
SB 202—LS 6786/DI 110 43
elections to select the three (3) alumni members one (1) alumnus
member of the board of trustees elected by the alumni of Indiana
University. All alumni (as described in section 6 of this chapter) are
eligible to participate in the election either by electronic or printed
ballot, and each eligible individual may cast only one (1) vote. A
request for a printed ballot must be made in writing to the university
librarian not later than May 1 of an election year. The university
librarian may adopt rules and regulations as necessary to carry out this
section.
SECTION 13. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) The governor shall appoint five (5) six
(6) members of the board of trustees, for including the student
member appointed under section 13 of this chapter.
(b) The president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member of
the board of trustees who:
(1) is an alumnus of Indiana University; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of Indiana University; and
(2) is not a member of the general assembly.
(d) Except as provided under section 13 of this chapter, the
members appointed under subsection (a) shall serve terms of three
(3) years.
(e) The term of a member appointed under subsection (b) or (c)
shall expire on June 30 of each odd-numbered year.
(b) (f) Whenever a vacancy occurs in the membership of the board
of trustees who are appointed by the governor, president pro tempore
of the senate, or speaker of the house of representatives because of
death or resignation or for any other reason, the vacancy shall be filled
by an appointment of the governor appropriate appointing authority
for the unexpired term.
SECTION 14. IC 21-20-3-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 12.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 15. IC 21-20-3-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) As used in this section
SB 202—LS 6786/DI 110 44
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 12(f) of this chapter, the speaker of
the house of representatives shall appoint an alumnus member as
provided under section 12(c) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 12(f) of this chapter, after the
speaker of the house of representatives appoints an alumnus
member under subsection (c), the president pro tempore of the
senate shall appoint an alumnus member as provided under section
12(b) of this chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 16. IC 21-21-3-2, AS ADDED BY P.L.2-2007,
SECTION 262, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees is
composed of nine (9) trustees appointed by the governor as follows:
(1) Seven (7) competent individuals, one (1) of whom must be a
student, appointed by the governor.
(2) Two (2) competent individuals who are alumni of Indiana
State University nominated by the alumni council of Indiana State
University.
(2) One (1) member who:
(A) is appointed by the president pro tempore of the senate
with advice from the minority leader of the senate;
(B) is an alumnus of Indiana State University; and
(C) is not a member of the general assembly.
(3) One (1) member who:
(A) is appointed by the speaker of the house of
representatives with advice from the minority leader of the
house of representatives;
(B) is an alumnus of Indiana State University; and
(C) is not a member of the general assembly.
SECTION 17. IC 21-21-3-2.5 IS ADDED TO THE INDIANA
SB 202—LS 6786/DI 110 45
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of trustees who are all of the same sex.
SECTION 18. IC 21-21-3-3, AS ADDED BY P.L.2-2007,
SECTION 262, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Subject to subsection Except
as provided under subsections (b) and (c), the term of a trustee is
four (4) years.
(b) The term of a student trustee is two (2) years.
(c) The term of a member appointed under section 2(2) or 2(3)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 19. IC 21-21-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. An alumni member appointed to the board of trustees
must have completed a prescribed course of study by Indiana State
University or one (1) of the following predecessors of Indiana State
University:
(1) Indiana State Normal School.
(2) Indiana State Teachers College.
(3) Indiana State College.
SECTION 20. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
SECTION 21. IC 21-21-3-9, AS ADDED BY P.L.2-2007,
SECTION 262, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The governor appropriate
appointing authority shall fill a vacancy occurring in the board of
trustees from death, resignation, or removal from the state for the
unexpired term of the retiring trustee.
(b) The alumni council of Indiana State University shall nominate
the appointee to fill a vacancy caused by the loss of an alumni member.
SECTION 22. IC 21-21-3-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 10. (a) As used in this section
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 9 of this chapter, the speaker of the
house of representatives shall appoint an alumnus member as
provided under section 2(3) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
SB 202—LS 6786/DI 110 46
appointed member.
(d) Notwithstanding section 9 of this chapter, after the speaker
of the house of representatives appoints an alumnus member under
subsection (c), the president pro tempore of the senate shall
appoint an alumnus member as provided under section 2(2) of this
chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 23. IC 21-22-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. The state board of trustees
may not consist of members who are all of the same sex.
SECTION 24. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The board of trustees
consists of ten (10)members, to be appointed for the term of service
and in the manner provided by this chapter. Except as provided under
section 7(c) of this chapter, the terms of all trustees terminate on July
1 of the year in which their terms of office expire.
SECTION 25. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The governor shall
appoint ten (10) eight (8) trustees for Purdue University for the term
beginning on July 1 in conformity with this chapter.
(b) The general assembly urges the governor to appoint at least one
(1) resident of Allen County to the board of trustees of Purdue
University.
(c) The president pro tempore of the senate with advice from the
minority leader of the senate shall appoint one (1) trustee who:
(1) is an alumnus of Purdue University; and
(2) is not a member of the general assembly.
(d) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) trustee who:
(1) is an alumnus of Purdue University; and
(2) is not a member of the general assembly.
SECTION 26. IC 21-23-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
SB 202—LS 6786/DI 110 47
not consist of members who are all of the same sex.
SECTION 27. IC 21-23-3-3, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Three (3) members One
(1) member of the board of trustees shall be selected by the members
of the Purdue alumni association. One (1) of the members The
member must be a graduate of the school of agriculture. All members
The member of the board of trustees selected under this section must
be members a member of the alumni association and graduates of
Purdue University.
(b) At the annual meeting of the Purdue alumni association for the
year in which the term of office of any one (1) of the trustees the
trustee selected under this section expires, a successor shall be
selected by the members of the Purdue alumni association, in the
manner that the Purdue alumni association prescribes. The president of
the Purdue alumni association shall certify all selections made by the
Purdue alumni association.
(c) If, at any time, a vacancy occurs on the board of trustees,
occasioned by the death, resignation, expiration of term, or otherwise
of any of the members the member of the board of trustees selected by
the members of the Purdue alumni association, the vacancy shall be
filled by selection by the president of the Purdue alumni association.
The member selected to fill a vacancy serves until the next annual
meeting of the Purdue alumni association when a successor to fill out
the unexpired term shall be selected in the manner provided in
subsection (b). The member selected by the Purdue alumni association
shall be appointed by the governor to fill out the unexpired term.
SECTION 28. IC 21-23-3-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4. Seven (7) of the trustees shall be appointed by the
governor.
SECTION 29. IC 21-23-3-7, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
subsections (b) and (c), all members of the board of trustees serve for
three (3) years. except for
(b) The student member who serves for two (2) years.
(c) The term of a member appointed under section 2(c) or 2(d)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 30. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. In case any vacancy occurs
on the board of trustees by reason of the resignation, removal from the
SB 202—LS 6786/DI 110 48
state, expiration of the term of office, or otherwise of any of the trustees
appointed by the governor, appropriate appointing authority, the
vacancy shall be filled by the governor appropriate appointing
authority from the respective classes as provided in this section to
serve only for the unexpired term.
SECTION 31. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The acceptance of an
appointment by the governor, president pro tempore of the senate, or
speaker of the house of representatives signifies that the appointee
will give the appointee's best efforts to the interests of Purdue
University and that the appointee will regularly attend the meetings of
the board of trustees.
(b) The secretary of the board of trustees shall report the attendance
of each meeting of the board of trustees to the governor, president pro
tempore of the senate, or speaker of the house of representatives
regarding the respective members appointed by the governor,
president pro tempore of the senate, or speaker of the house of
representatives. If a member is absent for two (2) consecutive
meetings without sufficient excuse, it shall be considered sufficient
cause for the governor, president pro tempore of the senate, or
speaker of the house of representatives to ask for the resignation of
the member whom the governor, president pro tempore of the
senate, or speaker of the house of representatives appointed.
SECTION 32. IC 21-23-3-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 8 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(c) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 8 of this chapter, after the president
pro tempore of the senate appoints an alumnus member under
subsection (c), the speaker of the house of representatives shall
appoint an alumnus member as provided under section 2(d) of this
SB 202—LS 6786/DI 110 49
chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 33. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board of trustees consists
of nine (9) ten (10) members who shall, except as provided under
subsections (b) and (c), serve terms of four (4) years. However,
(b) The term of a student member of the board of trustees is two (2)
years.
(c) The term of a member appointed under section 5(b) or 5(c)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 34. IC 21-24-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 35. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
trustees appointed by the governor must include at least the
following:
(1) One (1) member who is an alumnus of the University of
Southern Indiana or an alumnus of the regional campus.
(2) (1) One (1) member who is a full-time student in good
standing enrolled in the University of Southern Indiana.
(3) (2) One (1) member who is a resident of Vanderburgh County.
SECTION 36. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
eight (8) of the members of the board of trustees.
(b) The president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member to
the board of trustees who:
(1) is an alumnus of the University of Southern Indiana; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of the University of Southern Indiana; and
SB 202—LS 6786/DI 110 50
(2) is not a member of the general assembly.
(b) (d) If a vacancy occurs during the term of any member, the
governor appropriate appointing authority shall appoint an
individual to serve the unexpired term of the vacating member.
SECTION 37. IC 21-24-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. (a) There is established a screening committee of the
University of Southern Indiana to nominate the alumnus member of the
board of trustees.
(b) The screening committee consists of five (5) members appointed
by the executive body of the university alumni association designated
by the board of trustees.
(c) Within seventy-five (75) days after the date that a vacancy
occurs on the board of trustees for the alumnus member, the screening
committee shall submit a list of at least three (3) names of eligible
individuals to a person designated by the board of trustees.
(d) When the names are received by the person designated by the
board of trustees, the designated person shall submit the names to the
governor.
(e) The governor shall appoint the alumnus member of the board of
trustees from the list of names submitted under subsection (d).
However, if the governor does not receive the names of at least three
(3) eligible individuals under subsection (d) within ninety (90) days
after the alumnus member vacancy on the board occurs, the governor
may appoint any individual who is otherwise eligible under this chapter
to serve as the alumnus member of the board of trustees.
SECTION 38. IC 21-24-3-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) The president pro tempore of the senate shall, not later than
July 1, 2024, appoint an alumnus member under section 5(b) of this
chapter.
(d) Notwithstanding section 5 of this chapter, the speaker of the
house of representative shall appoint an alumnus member as
provided under section 5(c) of this chapter upon the earlier of:
(1) the expiration of the alumnus appointed member's term;
or
(2) a vacancy on the board of trustees by the alumnus
appointed member.
SB 202—LS 6786/DI 110 51
(e) This section expires July 1, 2029.
SECTION 39. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
ten (10) eleven (11) trustees.
SECTION 40. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) Eight (8) members
of the board of trustees shall be appointed by the governor, one (1) of
whom must be a resident of Knox County. and one (1) must be an
alumnus of Vincennes University. In addition, the governor shall
appoint one (1) trustee who is a full-time student of Vincennes
University during the student's term.
(b) The president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member to
the board of trustees who:
(1) is an alumnus of Vincennes University; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of Vincennes University; and
(2) is not a member of the general assembly.
SECTION 41. IC 21-25-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 42. IC 21-25-3-4, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as provided under
subsections (b) and (c), the term of each appointed trustee is three (3)
years. However,
(b) The term of the student appointee is one (1) year.
(c) The term of a member appointed under section 2(b) or 2(c)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 43. IC 21-25-3-5, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided under
subsection (b), if a vacancy occurs in the membership of the board of
trustees, the vacancy shall be filled by the board of trustees for the
unexpired term.
(b) If a vacancy occurs among the members of the board of
SB 202—LS 6786/DI 110 52
trustees appointed under section 2(b) or 2(c) of this chapter, the
appropriate appointing authority shall fill the vacancy on the
board of trustees.
SECTION 44. IC 21-25-3-6, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. Except for a member who is
appointed under section 2(b) or 2(c) of this chapter, the appropriate
number of appointive trustees shall be appointed before the first
Monday of October of each year. Except for a member appointed
under section 2(b) or 2(c) of this chapter, the first Monday is the first
day of their terms.
SECTION 45. IC 21-25-3-7, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. There shall be the following four
(4) ex officio members of the board of trustees who are nonvoting
advisory members:
(1) The president of the university.
(2) The superintendent of the Vincennes Community School
Corporation.
(3) The superintendent of the South Knox School Corporation.
(4) The superintendent of the North Knox School Corporation.
SECTION 46. IC 21-25-3-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) The speaker of the house of representatives shall, not later
than July 1, 2024, appoint an alumnus member under section 2(c)
of this chapter.
(d) Notwithstanding section 5 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(b) of this chapter upon the earlier of:
(1) the expiration of the alumnus appointed member's term;
or
(2) a vacancy on the board of trustees by the alumnus
appointed member.
(e) This section expires July 1, 2029.
SECTION 47. IC 21-25-5-3, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. Six (6) trustees appointed under
SB 202—LS 6786/DI 110 53
IC 21-25-3-2 constitute a quorum at any regular or special meeting of
the board of trustees.".
Delete pages 2 through 5.
Page 6, delete lines 1 through 15.
Page 19, after line 18, begin a new paragraph and insert:
"SECTION 57. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 202 as printed January 26, 2024.)
DEERY
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 1, after line 15, begin a new paragraph and insert:
"SECTION 3. IC 21-19-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. One (1) member appointed
by the governor under section 2(1) of this chapter must be a
resident of Delaware County.".
Page 2, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 8. IC 21-20-3-12.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 12.7. One (1) member appointed
by the governor under section 12(a) of this chapter must be a
resident of Monroe County.".
Page 3, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 10. IC 21-21-3-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
by the governor under section 2(1) of this chapter must be a
resident of Vigo County.".
Page 4, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 15. IC 21-23-3-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
by the governor under section 2(a) of this chapter must be a
resident of Tippecanoe County.".
 Page 5, reset in roman line 32.
SB 202—LS 6786/DI 110 54
Page 6, line 8, reset in roman "one (1) of whom".
Page 6, line 9, reset in roman "must be a resident of Knox County
and".
(Reference is to SB 202 as printed January 26, 2024.)
GOODE
SB 202—LS 6786/DI 110