First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1272
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 1-1-15.5-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 4. (a) This section does not apply to:
(1) the governor's workforce cabinet established by
IC 4-3-27-3;
(2) the budget committee established by IC 4-12-1-3;
(3) the simplified sales and use tax agreement entered into in
accordance with IC 6-2.5-11-5;
(4) the Indiana state board of education established by
IC 20-19-2-2.1;
(5) the Indiana School for the Blind and Visually Impaired
board established by IC 20-21-3-1;
(6) the Indiana School for the Deaf board established by
IC 20-22-3-1;
(7) a county redistricting commission established under
IC 36-2-2-4;
(8) an economic enhancement district board established under
IC 36-7-40-5; or
(9) the Indiana protection and advocacy services commission
established by IC 12-28-1-6.
(b) On or before July 1, 2027, and July 1 biennially thereafter,
a committee that:
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(1) is established by the Indiana Code;
(2) contains at least one (1) member of the general assembly,
other than a legislative standing committee or an interim
study committee under IC 2-5;
(3) is authorized to exist for at least two (2) years; and
(4) does not have an annual reporting requirement, other than
the requirements provided in this section, to the executive
branch, judicial branch, or the general assembly;
shall submit a report to the executive director of the legislative
services agency in an electronic format under IC 5-14-6 for review
by the interim committee on government in accordance with
IC 2-5-1.3-13(g).
(c) The report under subsection (b) shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 2. IC 2-5-1.3-13, AS AMENDED BY P.L.9-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) A study committee shall study the issues
assigned by the legislative council that are within the subject matter for
the study committee, as described in section 4 of this chapter.
(b) In addition to the issues assigned under subsection (a), the
interim study committee on roads and transportation shall advise the
bureau of motor vehicles regarding the suitability of a special group (as
defined in IC 9-13-2-170) to receive a special group recognition license
plate for the special group (as defined in IC 9-13-2-170) for the first
time under IC 9-18.5-12-4 and the suitability of a special group (as
defined in IC 9-13-2-170) to continue participating in the special group
recognition license plate program under IC 9-18.5-12-5.
(c) In addition to the issues assigned under subsection (a), the
interim study committee on corrections and criminal code shall review
current trends with respect to criminal behavior, sentencing,
incarceration, and treatment and may:
(1) identify particular needs of the criminal justice system that can
be addressed by legislation; and
(2) prepare legislation to address the particular needs found by the
committee.
(d) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review, consider, and make recommendations
concerning all requests for new courts, new judicial officers, and
changes in jurisdiction of existing courts. A request under this
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subsection must include at least the following information to receive
full consideration by the committee:
(1) The level of community support for the change, including
support from the local fiscal body.
(2) The results of a survey that shall be conducted by the county
requesting the change, sampling members of the bar, members of
the judiciary, and local officials to determine needs and concerns
of existing courts.
(3) Whether the county is already using a judge or magistrate
from an overserved area of the judicial district.
(4) The relative severity of need based on the most recent
weighted caseload measurement system report published by the
office of judicial administration.
(5) Whether the county is using any problem solving court as
described in IC 33-23-16-11, and, if so, the list of problem solving
courts established in the county, and any evaluation of the impact
of the problem solving courts on the overall judicial caseload.
(6) A description of the:
(A) county's population growth in the ten (10) years before the
date of the request; and
(B) projected population growth in the county for the ten (10)
years after the date of the request, to the extent available;
and any documentation to support the information provided under
this subdivision.
(7) A description of the county's use of pre-incarceration
diversion services and post-incarceration reentry services in an
effort to decrease recidivism.
(8) If the request is a request for a new court or new courts, an
acknowledgment from the county fiscal body (as defined in
IC 36-1-2-6) with the funding sources and estimated costs the
county intends to pay toward the county's part of the operating
costs associated with the new court or new courts.
The office of judicial administration shall post the list of required
information provided under this subsection on its website.
(e) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on courts and the
judiciary shall review the most recent weighted caseload measurement
system report published by the office of judicial administration and do
the following:
(1) Identify each county in which the number of courts or judicial
officers exceeds the number used by the county in that report
year.
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(2) Determine the number of previous report years in which the
number of courts or judicial officers in a county identified in
subdivision (1) exceeded the number used by the county in that
particular report year.
(3) Make a recommendation on whether the number of courts or
judicial officers in the county should be decreased.
The office of judicial administration shall post a list of the number of
courts or judicial officers used in each county for each report year, and
the number of years in which the number of courts or judicial officers
in the county has exceeded the number used by the county, on its
website.
(f) In addition to studying the issues assigned under subsection (a),
the interim study committee on child services shall:
(1) review the annual reports submitted by:
(A) each local child fatality review team under IC 16-49-3-7;
(B) the statewide child fatality review committee under
IC 16-49-4-11; and
(C) the department of child services under IC 31-25-2-24;
during the immediately preceding twelve (12) month period, and
may make recommendations regarding changes in policies or
statutes to improve child safety; and
(2) report to the legislative council before November 1 of each
interim, in an electronic format under IC 5-14-6, the results of:
(A) the committee's review under subdivision (1); and
(B) the committee's study of any issue assigned to the
committee under subsection (a).
(g) In each even-numbered year, in addition to the issues assigned
under subsection (a), the interim study committee on government shall
do the following:
(1) Determine whether a group has met in the immediately
preceding two (2) years.
(2) Review reports submitted to the committee in accordance
with IC 1-1-15.5-4.
(2) (3) Identify all interstate compacts that have been fully
operational for at least two (2) years to which the state is a party.
(3) (4) Consider whether to:
(A) remain a party to; or
(B) withdraw from;
each interstate compact.
(4) (5) If the committee determines that the state should withdraw
from an interstate compact, identify the steps needed to withdraw.
(5) (6) Report before November 1 to the legislative council, in an
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electronic format under IC 5-14-6 the committee's:
(A) recommendations for proposed legislation to repeal
groups:
(i) that have not met during the immediately preceding two
(2) years; and
(ii) after reviewing a group's report under subdivision
(2); and
(B) findings and recommendations regarding the interstate
compacts.
As used in this subsection, "group" refers to an authority, a board, a
commission, a committee, a council, a delegate, a foundation, a panel,
or a task force that is established by statute, has at least one (1)
legislator assigned to it, and is not staffed by the legislative services
agency.
SECTION 3. IC 4-13-16.5-2, AS AMENDED BY P.L.104-2024,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) There is established a governor's
commission on supplier diversity. The commission shall consist of the
following members:
(1) A governor's designee, who shall serve as chairperson of the
commission.
(2) The commissioner of the Indiana department of transportation,
or the economic opportunity director of the Indiana department of
transportation if the commissioner of the Indiana department of
transportation so designates.
(3) The chairperson of the board of the Indiana economic
development corporation or the chairperson's designee.
(4) The commissioner of the department of administration.
(5) Nine (9) individuals with demonstrated capabilities in
business and industry, especially minority business enterprises,
women's business enterprises, and veteran owned small
businesses, appointed by the governor from the following
geographical areas of the state:
(A) Three (3) from the northern one-third (1/3) of the state.
(B) Three (3) from the central one-third (1/3) of the state.
(C) Three (3) from the southern one-third (1/3) of the state.
(6) Two (2) members of the house of representatives, no more
than one (1) from the same political party, appointed by the
speaker of the house of representatives to serve in a nonvoting
advisory capacity.
(7) Two (2) members of the senate, no more than one (1) from the
same political party, appointed by the president pro tempore of
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the senate to serve in a nonvoting advisory capacity.
(8) The deputy commissioner of the department of administration,
who shall serve as a nonvoting member.
Not more than six (6) of the ten (10) members appointed or designated
by the governor may be of the same political party. Members of the
commission serve at the pleasure of the appointing authority and may
be reappointed to successive terms. Subject to subsection (b), members
of the commission appointed under subdivision (1) and subdivision (5)
shall serve four (4) year terms. Members of the general assembly
appointed to the commission serve two (2) year terms that expire June
30 of an odd-numbered year. A vacancy occurs if a legislative member
leaves office for any reason. Any vacancy on the commission shall be
filled in the same manner as the original appointment. An individual
appointed to fill a vacancy serves on the commission for the remainder
of the unexpired term of the individual's predecessor.
(b) The terms of the members appointed under subsection (a)(1) or
(a)(5) expire as follows:
(1) For a member appointed under subsection (a)(1) or (a)(5)(A),
June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(5)(B) or
(a)(5)(C), June 30, 2027, and every fourth year thereafter.
(c) Each member of the commission who is not a state employee is
entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for mileage, traveling expenses, and other
expenses actually incurred in connection with the member's duties
as provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
The department shall pay expenses incurred under this subsection from
amounts appropriated for the operating expenses of the department of
administration.
(d) Each legislative member of the commission is entitled to receive
the same per diem, mileage, and travel allowances established by the
legislative council and paid to members of the general assembly
serving on interim study committees. The allowances specified in this
subsection shall be paid by the legislative services agency from the
amounts appropriated for that purpose.
(e) A member of the commission who is a state employee is not
entitled to any of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under
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IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
(f) The commission shall meet at least four (4) times each year at
the call of the chairperson.
(g) The duties of the commission shall include but not be limited to
the following:
(1) Identify minority business enterprises, women's business
enterprises, and veteran owned small businesses in the state.
(2) Assess the needs of minority business enterprises, women's
business enterprises, and veteran owned small businesses.
(3) Initiate aggressive programs to assist minority business
enterprises, women's business enterprises, and veteran owned
small businesses in obtaining state contracts.
(4) Give special publicity to procurement, bidding, and qualifying
procedures.
(5) Include minority business enterprises, women's business
enterprises, and veteran owned small businesses on solicitation
mailing lists.
(6) Evaluate the competitive differences between qualified
minority or women's nonprofit corporations and other than
qualified minority or women's nonprofit corporations and veteran
owned small businesses that offer similar services and make
recommendation to the department on policy changes necessary
to ensure fair competition among minority business enterprises,
women's business enterprises, and veteran owned small
businesses.
(7) Define the duties, goals, and objectives of the deputy
commissioner of the department as created under this chapter to
assure compliance by all state agencies, separate bodies corporate
and politic, and state educational institutions with state and
federal legislation and policy concerning the awarding of
contracts (including, notwithstanding section 1(d) of this chapter
or any other law, contracts of state educational institutions) to
minority business enterprises, women's business enterprises, and
veteran owned small businesses.
(8) Establish annual goals:
(A) for the use of minority and women's business enterprises;
and
(B) derived from a statistical analysis of utilization study of
state contracts (including, notwithstanding section 1(d) of this
chapter or any other law, contracts of state educational
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institutions) that are required to be updated every five (5)
years.
(9) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and
the legislative council on March 1 and October 1 of each year,
evaluating progress made in the areas defined in this subsection.
(10) Ensure that the statistical analysis required under this
section:
(A) is based on goals for participation of minority business
enterprises established in Richmond v. Croson, 488 U.S. 469
(1989);
(B) includes information on both contracts and subcontracts
(including, notwithstanding section 1(d) of this chapter or any
other law, contracts and subcontracts of state educational
institutions); and
(C) uses data on the combined capacity of minority business
enterprises, women's business enterprises, and veteran owned
small businesses in Indiana and not just regional data.
(11) Establish annual goals for the use of minority business
enterprises, women's business enterprises, and veteran owned
small businesses for any contract that:
(A) will be paid for in whole or in part with state grant funds;
and
(B) involves the use of real property of a unit.
(12) Ensure compliance with the establishment and evaluation of
the annual goal for veteran owned small businesses established in
section 3.5 of this chapter.
(h) The department shall direct contractors to demonstrate a good
faith effort to meet the annual participation goals established under
subsection (g)(11). The good faith effort shall be demonstrated by
contractors using the repository of certified firms created under section
3 of this chapter or a similar repository maintained by a unit.
(i) The department shall adopt rules of ethics under IC 4-22-2 for
commission members other than commission members appointed
under subsection (a)(6) or (a)(7).
(j) The department of administration shall furnish administrative
support and staff as is necessary for the effective operation of the
commission.
(k) The commission shall advise the department on developing a
statement, to be included in all applications for and agreements
governing grants made with state funds, stating the importance of the
use of minority business enterprises, women's business enterprises, and
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veteran owned small businesses in fulfilling the purposes of the grant.
(l) For purposes of subsections (g)(11) and (h), "unit" means a
county, city, town, township, or school corporation.
(m) On or before July 1, 2027, and July 1 biennially thereafter,
the commission shall submit a report to the executive director of
the legislative services agency, in an electronic format under
IC 5-14-6, for review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report
shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 4. IC 4-23-7.2-21, AS ADDED BY P.L.77-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 21. (a) An advisory committee is established to
advise the historical bureau in establishing an oral history of the
general assembly under section 20 of this chapter. The committee
consists of the following eight (8) members:
(1) One (1) member of the general assembly appointed by the
speaker of the house of representatives.
(2) One (1) member of the general assembly appointed by the
minority leader of the house of representatives.
(3) One (1) member of the general assembly appointed by the
president pro tempore of the senate.
(4) One (1) member of the general assembly appointed by the
minority leader of the senate.
(5) Four (4) members appointed by the governor as follows:
(A) One (1) member nominated by the Indiana library and
historical board.
(B) One (1) member nominated by the Indiana Historical
Society.
(C) One (1) member nominated by the Center for the Study of
History and Memory at Indiana University.
(D) One (1) member nominated by the board of trustees of The
History Museum in South Bend.
(b) The following apply to the governor's appointments under
subsection (a)(5):
(1) Not more than two (2) members appointed by the governor
may be members of the same political party.
(2) The appointments must be made so that the northern, central,
and southern regions of Indiana are represented on the committee.
(c) Members of the committee serve at the pleasure of the
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appointing authority. If a vacancy occurs on the committee, the
appointing authority that appointed the member whose position is
vacant shall appoint an individual to fill the vacancy. An individual
appointed to fill a vacancy must have the qualifications that a member
appointed by the appointing authority must have.
(d) The:
(1) chairman of the legislative council, with the advice of the
vice-chairman, shall designate the chair; and
(2) vice-chairman of the legislative council, with the advice of the
chairman, shall designate a vice-chair;
of the committee from among the legislative members of the
committee. The chair and vice-chair of the committee serve at the
pleasure of the appointing authority.
(e) Each member of the committee is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who serve
as legislative and lay members, respectively, of interim study
committees established by the legislative council.
(f) The historical bureau shall provide staff support to the
committee.
(g) Expenses incurred by the committee to carry out its functions
must be paid from appropriations to the Indiana library and historical
board.
(h) On or before July 1, 2027, and July 1 biennially thereafter,
the committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 5. IC 4-23-24.1-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. On or before July 1, 2027, and
July 1 biennially thereafter, the commission shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 6. IC 4-23-28-3 IS AMENDED TO READ AS
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FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The commission
shall do the following:
(1) Identify and research issues affecting the Hispanic/Latino
communities.
(2) Promote cooperation and understanding between the
Hispanic/Latino communities and other communities throughout
Indiana.
(3) Report to the legislative council in an electronic format under
IC 5-14-6 and to the governor concerning Hispanic/Latino issues,
including the following:
(A) Conditions causing exclusion of Hispanics/Latinos from
the larger Indiana community.
(B) Measures to stimulate job skill training and related
workforce development.
(C) Measures to sustain cultural diversity while improving
race and ethnic relations.
(D) Public awareness of issues affecting the Hispanic/Latino
communities.
(E) Measures that could facilitate easier access to state and
local government services by Hispanics/Latinos.
(F) Challenges and opportunities arising out of the growth of
the Hispanic/Latino population.
(4) On or before July 1, 2027, and July 1 biennially thereafter,
submit a report to the executive director of the legislative
services agency, in an electronic format under IC 5-14-6, for
review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The
report shall describe:
(A) official action taken; and
(B) actionable items considered;
by the commission during the preceding two (2) years.
(b) The commission may study other topics:
(1) as assigned by the governor;
(2) as assigned by the legislative council; or
(3) as directed by the commission's chairperson.
SECTION 7. IC 4-23-32-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 9. On or before July 1, 2027, and July 1 biennially
thereafter, the commission shall submit a report to the executive
director of the legislative services agency, in an electronic format
under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
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The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 8. IC 4-37-3-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7. On or before July 1, 2027, and July 1 biennially
thereafter, the board shall submit a report to the executive director
of the legislative services agency, in an electronic format under
IC 5-14-6, for review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report
shall describe:
(1) official action taken; and
(2) actionable items considered;
by the board during the preceding two (2) years.
SECTION 9. IC 5-26-2-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. On or before July 1, 2027, and July 1 biennially
thereafter, the commission shall submit a report to the executive
director of the legislative services agency, in an electronic format
under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 10. IC 6-1.1-20.3-4, AS AMENDED BY P.L.42-2024,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The distressed unit appeal board is
established.
(b) The distressed unit appeal board consists of the following
members:
(1) The director of the office of management and budget or the
director's designee. The director or the director's designee shall
serve as chairperson of the distressed unit appeal board.
(2) The commissioner of the department of local government
finance or the commissioner's designee.
(3) The state examiner of the state board of accounts or the state
examiner's designee.
(4) The secretary of education or the secretary's designee.
(5) An individual appointed by the governor to serve a four (4)
year term that expires December 31, 2025, and each fourth year
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thereafter.
(6) A member of the house of representatives appointed by the
speaker of the house of representatives, who shall serve as a
nonvoting member.
(7) A member of the senate appointed by the president pro
tempore of the senate, who shall serve as a nonvoting member.
(8) A member of the house of representatives appointed by the
minority leader of the house of representatives who shall serve as
a nonvoting member.
(9) A member of the senate appointed by the minority leader of
the senate who shall serve as a nonvoting member.
The members appointed under subdivisions (6) through (9) serve two
(2) year terms that expire June 30 of each odd-numbered year.
Members appointed under subdivisions (5) through (9) serve at the
pleasure of the appointing authority and may be reappointed to
successive terms.
(c) Each member of the board who is not a state employee is entitled
to reimbursement for:
(1) mileage and traveling expenses as provided under
IC 4-13-1-4; and
(2) 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.
(d) Each member of the board who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees.
Per diem, mileage, and travel allowances paid under this section shall
be paid from appropriations made to the legislative council or the
legislative services agency.
(e) Each member of the board who is a state employee 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.
(f) Expenses paid under subsections (c) and (e) shall be paid from
appropriations made to the board.
(g) A vacancy on the board shall be filled by the appropriate
appointing authority. An individual appointed to fill a vacancy serves
for the unexpired term of the individual's predecessor.
(h) On or before July 1, 2027, and July 1 biennially thereafter,
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the board shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the board during the preceding two (2) years.
SECTION 11. IC 8-1-1.5-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. On or before July 1, 2027, and July 1 biennially
thereafter, the committee shall submit a report to the executive
director of the legislative services agency, in an electronic format
under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 12. IC 8-3-21-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 10. (a) Before January 1, 2026, the governor shall
give notice under section 8 of this chapter to each other party state,
if any, as required by the compact, that the State of Indiana
withdraws from the compact, effective January 1, 2026.
(b) Before January 1, 2026, the governor shall certify to the
legislative council one (1) of the following:
(1) That the notice of withdrawal has been given to each party
state as is required by the compact.
(2) That notice was not required to be given because there are
not any other party states to which to give notice.
SECTION 13. IC 8-3-21-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. This chapter expires July 1, 2026.
SECTION 14. IC 8-3-22-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. On or before July 1, 2027, and July 1 biennially
thereafter, the commission shall submit a report to the executive
director of the legislative services agency, in an electronic format
under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
The report shall describe:
(1) official action taken; and
HEA 1272 — Concur 15
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 15. IC 8-14-15.1-7, AS AMENDED BY P.L.135-2022,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The next level Indiana fund investment
board is established. The board consists of the following members:
(1) The secretary of commerce or the secretary's designee, who
shall serve as the chairperson of the board.
(2) The director of the office of management and budget or the
director's designee.
(3) Two (2) individuals appointed by the governor who have
experience and knowledge in investments.
(4) The treasurer of state or the treasurer's designee.
(5) One (1) individual appointed by the speaker of the house of
representatives who has experience and knowledge in venture
capital investments.
(6) One (1) individual appointed by the president pro tempore of
the senate who has experience and knowledge in venture capital
investments.
(b) The board shall serve as trustee of the trust and direct the
investment of the trust.
(c) The board shall adopt an investment policy in conformance with
section 8 of this chapter.
(d) The board shall hold regular meetings at least quarterly. The
board may hold special meetings at the call of the treasurer of state or
with a written request signed by at least two (2) members of the board.
(e) The board may hold its meetings at offices in Indiana that the
chairperson or the requesting members designate. All meetings must
be open to the public in accordance with IC 5-14-1.5. The board shall
keep a record of its proceedings.
(f) Five (5) members of the board constitute a quorum for the
transaction of business of the board. Each member of the board is
entitled to one (1) vote. A vote of at least five (5) members of the board
present is required for the board to adopt a resolution or take other
action at a regular or special meeting.
(g) On or before July 1, 2027, and July 1 biennially thereafter,
the board shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
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by the board during the preceding two (2) years.
SECTION 16. IC 10-19-8.1-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 13. On or before July 1, 2027, and
July 1 biennially thereafter, the council shall submit a report to the
executive director of the legislative services agency, in an electronic
format under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g).
The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the council during the preceding two (2) years.
SECTION 17. IC 11-13-4.5-9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 9. On or before July 1, 2027, and
July 1 biennially thereafter, the state council shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the state council during the preceding two (2) years.
SECTION 18. IC 12-8-6.5-14, AS ADDED BY P.L.180-2022(ss),
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (a) As used in this section, "board" refers to
the doula reimbursement advisory board established by subsection (b).
(b) The doula reimbursement advisory board is established for the
purpose of making recommendations to the office of the secretary
regarding appropriate reimbursement methodologies for doula services.
(c) The board is comprised of the following members:
(1) Four (4) legislative members appointed as follows:
(A) One (1) member of the senate, appointed by the president
pro tempore of the senate.
(B) One (1) member of the senate, appointed by the minority
leader of the senate.
(C) One (1) member of the house of representatives, appointed
by the speaker of the house of representatives.
(D) One (1) member of the house of representatives, appointed
by the minority leader of the house of representatives.
(2) Nine (9) lay members appointed as follows, subject to
subsections (d) and (e):
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(A) One (1) member appointed by the governor.
(B) One (1) member appointed by the president pro tempore
of the senate.
(C) One (1) member appointed by the minority leader of the
senate.
(D) One (1) member appointed by the speaker of the house of
representatives.
(E) One (1) member appointed by the minority leader of the
house of representatives.
(F) One (1) member appointed by the secretary.
(G) One (1) member appointed by the state health
commissioner.
(H) One (1) member appointed by the director of the
department of child services.
(I) One (1) member appointed by the chief operating officer of
the Indiana Minority Health Coalition.
(d) A lay member of the board must be a doula, doula administrator,
or other birthing professional.
(e) The lay membership of the board must be racially and ethnically
diverse.
(f) In making recommendations to the office of the secretary under
subsection (b), the board shall study and take into account doula
reimbursement methodologies used by other states.
(g) On or before July 1, 2027, and July 1 biennially thereafter,
the board shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the board during the preceding two (2) years.
SECTION 19. IC 12-15-30.5-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. On or before July 1, 2027, and
July 1 biennially thereafter, the commission shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
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SECTION 20. IC 12-15-33-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12. On or before July 1, 2027, and
July 1 biennially thereafter, the commission shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 21. IC 12-17.2-3.8-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. On or before July 1, 2027, and
July 1 biennially thereafter, the committee shall submit a report to
the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 22. IC 14-20-15-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14. On or before July 1, 2027, and
July 1 biennially thereafter, the commission shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 23. IC 14-25-7-10, AS AMENDED BY P.L.127-2022,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. (a) The commission shall administer this
chapter.
(b) The deputy director for the bureau of resource management shall
serve as technical secretary to the commission. The deputy director
shall perform the duties that are required by this chapter or that the
commission directs.
(c) The advisory council established by IC 14-9-6-1 shall serve in
HEA 1272 — Concur 19
an advisory capacity to the commission with respect to the
implementation of the commission's powers and duties, including the
drafting of rules and development of inventories, assessments, and
plans.
(d) For the time that the advisory council is involved in the drafting
of rules, the membership of the council shall be augmented as follows:
(1) Two (2) members of the senate, not more than one (1) of
whom may be of the same political party, shall be appointed for
a term of two (2) years by the president pro tempore of the senate.
(2) Two (2) members of the house of representatives, not more
than one (1) of whom may be of the same political party, shall be
appointed for a term of two (2) years by the speaker of the house
of representatives.
These members are entitled to travel expenses and a per diem
allowance as determined by the budget agency for members of boards
and commissions generally.
(e) The department shall provide professional, technical, and
clerical personnel, equipment, supplies, and support services
reasonably required to assist the commission in the exercise of the
commission's powers and duties under this chapter. The department
shall include money for this purpose in the regular operating budget
requests of the department.
(f) On or before July 1, 2027, and July 1 biennially thereafter,
the advisory council shall submit a report to the executive director
of the legislative services agency, in an electronic format under
IC 5-14-6, for review by the interim committee on government in
accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report
shall describe:
(1) official action taken; and
(2) actionable items considered;
by the advisory council during the preceding two (2) years.
SECTION 24. IC 16-21-14-3 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 3. (a) As used in this section, "task force" refers to the
sepsis treatment guideline task force established under subsection (b).
(b) The sepsis treatment guideline task force is established.
(c) The task force includes the following members appointed by the
state health commissioner:
(1) One (1) representative of a hospital who is recommended by
the Indiana Hospital Association.
(2) One (1) representative of long term care who is recommended
by the Indiana Health Care Association.
(3) One (1) representative of a home health agency who is
HEA 1272 — Concur 20
recommended by the Indiana Association for Home and Hospice
Care.
(4) One (1) representative who is an office based physician
recommended by the Indiana State Medical Association.
(5) One (1) emergency medical technician.
(6) One (1) school nurse who works at a school (as defined by
IC 20-31-2-8).
(7) One (1) emergency room physician.
(8) One (1) physician who specializes in infectious diseases.
(9) One (1) clinical pharmacist.
(10) One (1) representative from a quality and patient safety team
who is recommended by the Indiana Hospital Association.
(11) One (1) representative from a family impacted by sepsis.
(12) Any other members who have specialized knowledge or
experience that would be valuable to the task force.
(d) The:
(1) president pro tempore of the senate shall appoint a senator;
and
(2) speaker of the house of representatives shall appoint a
representative;
to serve as nonvoting advisors to the task force.
(e) The state health commissioner or the state health commissioner's
designee shall serve as the chair of the task force. The task force shall
meet at the call of the chair.
(f) A member of the task force appointed under subsection (c)
serves at the pleasure of the state health commissioner.
(g) The task force shall do the following:
(1) Research, identify, and disseminate evidence based sepsis
guidelines for long term care, home health, office based
physicians, emergency medical technicians, and schools (as
defined by IC 20-31-2-8).
(2) Study and identify evidence based sepsis education and
screening standards for the pediatric population.
(3) Study and periodically update evidence based sepsis
guidelines for hospitals.
(4) For community based and health care based settings,
periodically review and research current national and
international best practices including training and public
awareness.
(5) Research, identify, and disseminate best practice sepsis
education materials for staff working in or with hospitals, long
term care, home health, office based physicians, emergency
HEA 1272 — Concur 21
medical technicians, and schools (as defined by IC 20-31-2-8).
The task force may recommend an appropriate timeline for staff
training under this subdivision.
(6) Research and discuss the appropriate methodology for data
measurement, collection analysis, reporting, and dissemination
under this section.
The task force's initial work under subdivision (1) must be completed
not later than June 30, 2020.
(h) The chair of the task force shall create subcommittees with
sepsis expertise in each health care setting when developing guidelines
under subsection (g).
SECTION 25. IC 20-19-10-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 10. On or before July 1, 2027, and
July 1 biennially thereafter, the commission shall submit a report
to the executive director of the legislative services agency, in an
electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the commission during the preceding two (2) years.
SECTION 26. IC 20-38-2-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 6. On or before July 1, 2027, and July 1 biennially
thereafter, the education commission of the states shall submit a
report to the executive director of the legislative services agency,
in an electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the education commission of the states during the preceding two
(2) years.
SECTION 27. IC 21-47-2-4, AS AMENDED BY P.L.42-2024,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) There is established a
geological and water survey advisory council.
(b) The council consists of the following members:
(1) One (1) member appointed by the president of Indiana
University who is a faculty member of the Indiana University
School of Public and Environmental Affairs to serve for a period
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of four (4) years. A member appointed under this subdivision
must have a background in energy, geology, water, or
environmental science.
(2) One (1) member appointed by the president of Indiana
University who is a faculty member of the earth sciences
department to serve for a period of four (4) years.
(3) The vice provost of research of Indiana University, or the vice
provost's designee.
(4) The chairperson of the house of representatives standing
committee tasked with studying utilities and energy, or the
chairperson's designee.
(5) The chairperson of the senate standing committee tasked with
studying utilities and energy, or the chairperson's designee.
(6) The director of the department of natural resources, or the
director's designee.
(7) The director of the Indiana department of environmental
management, or the director's designee.
(8) The director of the Indiana economic development
corporation, or the director's designee.
(9) The public finance director appointed under IC 5-1.2-3-6, or
the public finance director's designee.
(10) Two (2) individuals who:
(A) are appointed by the governor;
(B) represent private industry; and
(C) have a background in energy, geology, water, or
environmental science.
An individual appointed by the governor under this subdivision
serves for a term of four (4) years.
A designee under subdivision (3), (4), (5), (6), (7), (8), or (9) must have
a background in energy, geology, water, or environmental science. The
members of the council shall annually elect a chair and vice chair from
among the membership of the council.
(c) A member who is appointed or designated to serve on the
council under subsection (b):
(1) in the case of an appointed member:
(A) holds the position for the term of the appointment;
(B) continues to serve after expiration of the appointment until
a successor is appointed and qualified; and
(C) subject to subdivision (2), is eligible for reappointment;
(2) may not serve on the council for a total of more than two (2)
consecutive terms; and
(3) serves at the pleasure of the appointing or designating
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authority and may be removed by the appointing or designating
authority at any time.
The appointing or designating authority shall fill a vacancy that occurs
after a member appointed or designated by the authority resigns, is
removed, or is no longer qualified to serve.
(d) The state geologist shall serve as secretary of the council, shall
provide staff support to the council, and shall report on the following
at each meeting of the council:
(1) The staffing of the survey.
(2) The finances of the survey.
(3) The outreach programs of the survey.
(4) The current research projects of the survey.
(5) Any other report requested by the council.
(e) The state geologist may cast the deciding vote to break a tie.
(f) Each member of the council who is not a state employee is
entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
A member is also entitled to reimbursement for mileage and traveling
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.
(g) Each member of the council who is a member of the general
assembly is entitled to receive the same per diem, mileage, and travel
allowances paid to legislative members of interim study committees
established by the legislative council. Per diem, mileage, and travel
allowances paid under this section shall be paid from appropriations
made to the legislative council or the legislative services agency.
(h) Each member of the commission who is a state employee 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.
(i) Expenses paid under subsections (f) and (h) shall be paid from
appropriations made to the state geologist.
(j) The council shall meet quarterly in the first month of each
quarter. The date, time, and location of a meeting must be upon
agreement of the council.
(k) The council shall meet with the state geologist to make
recommendations concerning:
(1) the functions and performance of the survey; and
(2) appropriations and funding for the survey.
(l) The council may make recommendations concerning the
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effectiveness and efficiency of the survey and other matters.
(m) Recommendations and reports of the council shall be directed
to the following:
(1) The governor.
(2) The budget agency.
(3) The president of Indiana University.
(4) The director of the department of natural resources.
(5) The commissioner of the department of environmental
management.
(n) The terms of the members of the council described in subsection
(b)(1), (b)(2), and (b)(10) expire as follows:
(1) For the members described in subsection (b)(1) and (b)(2),
June 30, 2025, and each fourth year thereafter.
(2) For the members described in subsection (b)(10), June 30,
2027, and each fourth year thereafter.
(o) The terms of the members of the council who are members of
the general assembly designated under subsection (b)(4) and (b)(5)
expire June 30 of an odd-numbered year.
(p) On or before July 1, 2027, and July 1 biennially thereafter,
the council shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the council during the preceding two (2) years.
SECTION 28. IC 25-26-24-24, AS AMENDED BY P.L.56-2023,
SECTION 242, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 24. (a) The INSPECT oversight
committee is established.
(b) The committee consists of the following members:
(1) The president of the board or the president's designee, who
shall serve as the chairperson of the committee.
(2) The commissioner of the Indiana department of health or the
commissioner's designee.
(3) The superintendent of the state police department or the
superintendent's designee.
(4) The attorney general or the attorney general's designee.
(5) Two (2) lay members who are authorized users of the
INSPECT program appointed by the president pro tempore of the
senate, not more than one (1) of whom may be affiliated with the
same political party.
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(6) Two (2) lay members who are authorized users of the
INSPECT program appointed by the speaker of the house of
representatives, not more than one (1) of whom may be affiliated
with the same political party.
(c) The committee shall provide recommendations to the board
concerning the implementation of policies, standards, and rules that
promote the effective operation of the program.
(d) The committee shall meet:
(1) at least once each calendar year; and
(2) at the call of the chairperson.
(e) The term of a member of the committee appointed under this
section is four (4) years. The term of a member of the committee
expires July 1, but a member may continue to serve on the committee
until a successor is appointed.
(f) On or before July 1, 2027, and July 1 biennially thereafter,
the committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 29. IC 27-1-44.6-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12. On or before July 1, 2027, and
July 1 biennially thereafter, the advisory board shall submit a
report to the executive director of the legislative services agency,
in an electronic format under IC 5-14-6, for review by the interim
committee on government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the advisory board during the preceding two (2) years.
SECTION 30. IC 33-33-49-13.1, AS ADDED BY P.L.245-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13.1. (a) As used in this chapter:
(1) "close relative" has the meaning set forth in IC 33-23-11-2;
and
(2) "committee" refers to the Marion County judicial selection
committee established by subsection (b).
(b) The Marion County judicial selection committee is established
to:
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(1) select nominees for the court; and
(2) make recommendations to the voters concerning the retention
of a judge on the court.
(c) The committee consists of the following fourteen (14) members:
(1) Four (4) members who reside in Marion County, appointed as
follows:
(A) One (1) member appointed by the speaker of the house of
representatives.
(B) One (1) member appointed by the minority leader of the
house of representatives.
(C) One (1) member appointed by the president pro tempore
of the senate.
(D) One (1) member appointed by the minority leader of the
senate.
A person appointed under this subdivision may not be a member
of the general assembly.
(2) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Indianapolis bar association.
(3) An attorney who resides in Marion County and practices
primarily in the area of criminal law, appointed by the president
of the Marion County bar association.
(4) An attorney who resides in Marion County, appointed by the
president of the Indiana Trial Lawyers Association.
(5) An attorney who resides in Marion County, appointed by the
president of the Defense Trial Counsel of Indiana.
(6) Two (2) members appointed by the chairperson of each major
political party (as defined by IC 3-5-2-30(2)) in Marion County.
Each of the four (4) members appointed under this subdivision
must reside in Marion County and must reflect the diversity and
makeup of Marion County.
(7) The chief judge of the Indiana Court of Appeals or a designee
of the chief judge who is a judge of the Indiana Court of Appeals.
The chief judge or chief judge's designee serves as the vice
chairperson of the committee ex officio.
(8) The chief justice of Indiana or a designee of the chief justice
who is a justice of the Indiana Supreme Court. The chief justice
or chief justice's designee serves as the chairperson of the
committee ex officio.
(d) If a member of the committee is employed by a law firm, no
other person employed by the same law firm may be appointed to the
committee.
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(e) A member of the committee may not be:
(1) a current or former judge of the Marion superior or circuit
court;
(2) a current or former judicial officer appointed by the Marion
superior or circuit court;
(3) a current or former employee of the Marion superior or circuit
court; or
(4) a close relative of anyone described in subdivision (1), (2), or
(3).
This subsection does not apply to a member appointed under
subsection (c)(7) or (c)(8).
(f) All attorney members of the committee must be in active and
good standing with the Indiana Supreme Court.
(g) Each member of the committee who is not an ex officio member
serves a four (4) year term, beginning on July 1, 2017, and ending on
June 30, 2021. A member of the committee may be reappointed for one
(1) or more additional four (4) year terms. If a member is appointed to
fill a vacancy, the member serves during the unexpired term of the
member's predecessor and may be reappointed for one (1) or more
additional four (4) year terms.
(h) If a vacancy exists on the committee, the appointing authority
who appointed the former member whose position has become vacant
shall appoint an individual to fill the vacancy.
(i) An ex officio member of the committee ceases to be a member
of the committee at the time the person no longer holds the office that
entitles the person to be a member of the committee.
(j) A member of the committee described in subsection (c)(1)
through (c)(6) who no longer resides in Marion County is considered
to have resigned from the committee. A member of the committee who
no longer resides in Marion County shall notify the chairperson in
writing of the member's change in residence.
(k) A quorum consists of nine (9) members of the committee.
(l) The affirmative votes of nine (9) members of the committee are
required for the committee to take official action with respect to any
candidate for judicial office.
(m) The committee shall:
(1) nominate judicial candidates for the court in accordance with
section 13.4 of this chapter; and
(2) make recommendations concerning retention in accordance
with section 13.7 of this chapter.
(n) The committee meets upon the call of the chairperson.
(o) The committee shall meet in the Indiana statehouse or in any
HEA 1272 — Concur 28
other appropriate location in Marion County, as determined by the
chairperson.
(p) Except as otherwise provided in subsection (q) or otherwise
provided in this chapter, the committee may adopt its own policies and
operating procedures. The policies and procedures must comply with
IC 5-14-1.5 (the open door law) and this chapter, and must include
procedures by which eligible candidates for a vacancy on the court may
submit their names to the committee. The policies and procedures are
public records, and the meetings of the committee at which the policies
and procedures are considered for initial adoption or amendment must
be publicly announced and open to the public. Applications of
candidates for judicial appointment are public records.
(q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency
for the purposes of IC 5-14-1.5. The committee may meet in executive
session under IC 5-14-1.5-6.1 for the consideration of a candidate for
appointment to or retention on the court if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5; and
(2) all interviews of candidates are conducted at meetings open to
the public.
(r) Notwithstanding IC 5-14-3-4, all public records (as defined in
IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including
records described in IC 5-14-3-4(b)(12). However, the following
records are excepted from public inspection and copying at the
discretion of the committee:
(1) Personnel files of committee employees and members and
files of applicants for employment with the committee to the
extent permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1,
unless the records are prepared for use in the consideration of a
candidate for retention or judicial appointment.
(3) Investigatory records prepared for the committee until:
(A) the records are considered in connection with the
consideration of a candidate;
(B) the records are publicly discussed by the committee in
connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
committee; or
(D) the committee elects to release the records that the
committee considers appropriate in response to publicly
disseminated statements relating to the activities or actions of
HEA 1272 — Concur 29
the committee;
whichever occurs first.
(4) The work product of an attorney (as defined in IC 5-14-3-2)
representing the committee.
(s) When an event described by subsection (r)(3) occurs, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(t) A former member of the committee may not be nominated as a
judge of the court if the person has served as a member of the
committee within the previous five (5) years.
(u) On or before July 1, 2027, and July 1 biennially thereafter,
the committee shall submit a report to the executive director of the
legislative services agency, in an electronic format under IC 5-14-6,
for review by the interim committee on government in accordance
with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:
(1) official action taken; and
(2) actionable items considered;
by the committee during the preceding two (2) years.
SECTION 31. IC 33-40-5-4, AS AMENDED BY P.L.111-2024,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The commission shall do the following:
(1) Make recommendations to the supreme court concerning
standards for indigent defense services provided for defendants
against whom the state has sought the death sentence under
IC 35-50-2-9, including the following:
(A) Determining indigency and eligibility for legal
representation.
(B) Selection and qualifications of attorneys to represent
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services
under which the counties will be eligible for reimbursement under
IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
(C) The use and expenditure of funds in the county
supplemental public defender services fund established under
HEA 1272 — Concur 30
IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent
defendants at public expense.
(E) Compensation rates for salaried, contractual, and assigned
counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(G) Requirements concerning the creation and operation of a
multicounty public defender's office created under an
interlocal agreement as described in IC 33-40-7-3.5.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana, including the funding and delivery of
indigent defense services for juveniles.
(4) Make an annual report to the governor, the general assembly,
and the supreme court on the operation of the public defense fund.
(5) Make a report not later than December 1, 2029, to the
legislative council and the budget committee concerning the up
to forty percent (40%) reimbursement from the public defense
fund for indigent defense services for misdemeanor cases under
IC 33-40-6-4(d), IC 33-40-6-5(c), and IC 33-40-7-11(d).
(6) On or before July 1, 2031, and July 1 biennially thereafter,
the commission shall submit a report to the executive director
of the legislative services agency, in an electronic format
under IC 5-14-6, for review by the interim committee on
government in accordance with IC 1-1-15.5-4 and
IC 2-5-1.3-13(g). The report shall describe:
(A) official action taken; and
(B) actionable items considered;
by the commission during the preceding two (2) years.
(b) The commission must provide data and statistics concerning
how the reimbursement has impacted attorney appointment rates, jail
population, trial rates, and case outcomes in the report under subsection
(a)(5).
(c) The report to the general assembly under subsection (a)(4) and
to the legislative council under subsection (a)(5) must be in an
electronic format under IC 5-14-6.
(d) The commission shall not:
(1) receive any additional appropriations from the general
assembly for misdemeanor reimbursement; or
(2) reimburse a county other than a county described in
IC 33-40-6-4(d) for misdemeanor reimbursement;
before July 1, 2029.
HEA 1272 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1272 — Concur