Text of IN HB 1267 (2024)

Introduced Version HOUSE BILL No. 1267 _____ DIGEST OF INTRODUCED BILL Citations Affected: Numerous citations throughout the Indiana Code. Synopsis: Elimination of certain gender specific terms. Replaces the term "chairman" with the term "chairperson" in certain statutes. Replaces chairmen, committeeman, committeemen, and certain gender specific job titles in certain statutes with gender neutral terminology. Changes the alcoholic beverage permit for salesmen to a permit for salespersons. Removes obsolete internal section headings within certain sections of the alcoholic beverage and tobacco law. Removes masculine pronouns in certain statutes. Makes technical corrections. Effective: July 1, 2024. Errington, Boy January 9, 2024, read first time and referred to Committee on Judiciary. 2024 IN 1267—LS 6912/DI 92 Introduced Second Regular Session of the 123rd General Assembly (2024) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2023 Regular Session of the General Assembly. HOUSE BILL No. 1267 A BILL FOR AN ACT to amend the Indiana Code concerning general provisions. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 2-3-8-2 IS AMENDED TO READ AS FOLLOWS 2 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) In the case of a law creating 3 districts for the House of Representatives, the Speaker of the House 4 may employ the necessary attorneys after consultation with the 5 minority leader of the House and the chairman chairperson and 6 ranking minority member of the house committee on legislative 7 apportionment. 8 (b) In the case of a law creating districts for the Senate, the 9 President pro tempore of the Senate may employ the necessary 10 attorneys after consultation with the minority leader of the Senate and 11 the chairman chairperson and ranking minority member of the senate 12 committee on legislative apportionment. 13 (c) In the case of a law creating congressional districts for the State 14 of Indiana, the Speaker of the House and President pro tempore of the 15 Senate, acting jointly, may employ the necessary attorneys after 16 consultation with the minority leaders of the House and Senate and the 17 chairman chairperson and ranking minority members of the house 2024 IN 1267—LS 6912/DI 92 2 1 committee on legislative apportionment. 2 SECTION 2. IC 2-4-1-3 IS AMENDED TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2024]: Sec. 3. The president of the senate, the 4 speaker of the house or the chairman chairperson of the committee of 5 the whole, or the chairman chairperson or any member of any 6 committee of either the house or the senate of the general assembly of 7 Indiana is empowered to administer oaths to witnesses in any case 8 under their examination. 9 SECTION 3. IC 2-4-2-1 IS AMENDED TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2024]: Sec. 1. The chairman, chairperson, or 11 acting chairman chairperson for the time being, of any committee 12 appointed by either house or by the joint action of the two (2) houses, 13 of the general assembly of this state be and is hereby authorized to 14 administer all oaths necessary to be administered to witnesses testifying 15 or called to testify before such committee. 16 SECTION 4. IC 2-5-1.1-1 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. There is hereby 18 created a legislative council which shall be composed of sixteen (16) 19 members of the general assembly as follows: 20 (a) From the senate: The president pro tempore, the minority leader, 21 the majority caucus chairman, chairperson, the minority caucus 22 chairman, chairperson, three (3) members appointed by the president 23 pro tempore, and one (1) member appointed by the minority leader. 24 (b) From the house of representatives: The speaker of the house, the 25 majority leader, the minority leader, the majority caucus chairman, 26 chairperson, the minority caucus chairman, chairperson, two (2) 27 members appointed by the speaker, and one (1) member appointed by 28 the minority leader. 29 (c) The president of the senate may serve as an ex officio non-voting 30 nonvoting member of the council. 31 (d) The members of the council who serve by virtue of their office 32 shall serve until their successors are selected. 33 (e) The appointed members shall serve from the date of their 34 appointment until the next general election at which they run for 35 reelection, or until the convening of the first regular session of the next 36 general assembly, whichever is first to occur. The president pro 37 tempore, speaker, and minority leaders shall appoint their members not 38 later than five (5) days after the close of a first regular session of a 39 general assembly. 40 SECTION 5. IC 2-5-1.1-2 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The president pro 42 tempore shall be chairman chairperson of the council beginning 2024 IN 1267—LS 6912/DI 92 3 1 January 1 of odd-numbered years and vice-chairman vice chairperson 2 beginning January 1 of even-numbered years. 3 (b) The speaker shall be chairman chairperson of the council 4 beginning January 1 of even-numbered years and vice-chairman vice 5 chairperson beginning January 1 of odd-numbered years. 6 SECTION 6. IC 2-5-1.1-3 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The chairman 8 chairperson shall fill any vacancy on the council in a position held by 9 virtue of office. The person appointed shall be from the same house and 10 party as the person whose position was vacated. In filling the vacancy, 11 the chairman chairperson shall accept the recommendation of the 12 ranking member on the council from the house and party affected. The 13 replacement shall serve until his the replacement's successor has been 14 selected. 15 (b) Any vacancy in a position held by appointment shall be filled by 16 the council member making the original appointment. 17 SECTION 7. IC 2-5-1.1-4 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The council shall 19 meet at the call of the chairman, chairperson and where he the 20 chairperson designates. Meetings of the council may also be called 21 upon the written request of any seven (7) members and upon forty-eight 22 (48) hours notice to the members of the council. 23 (b) The members of the council are entitled to receive the per diem 24 of members of the general assembly for time spent in attendance at the 25 meetings of such council. The members of the council are also entitled 26 to be reimbursed for actual necessary expenses incurred while 27 attending such meetings. Per diem and expenses of council members 28 shall be paid from the appropriation of the council upon approval by 29 the chairman. chairperson. 30 (c) A majority of the entire membership of the council shall 31 constitute a quorum. No action of the council shall be valid unless 32 approved by at least nine (9) members. 33 (d) When the general assembly is in regular session, those persons 34 who are members of the council by virtue of their office constitute a 35 quorum of the council and may continue to exercise all rights, 36 privileges, and powers, and to perform all duties of the council until 37 their successors are appointed. 38 SECTION 8. IC 2-5-1.1-6.3, AS AMENDED BY P.L.157-2020, 39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 6.3. (a) The following definitions apply 41 throughout this section: 42 (1) "Audit committee" refers to the audit and financial reporting 2024 IN 1267—LS 6912/DI 92 4 1 subcommittee of the legislative council established by subsection 2 (b). 3 (2) "Audited entity" refers to the state, a municipality, a public 4 hospital, or another person or entity that is subject to an 5 examination by the state board of accounts under IC 5-11-1 or 6 another law. However, the term applies to an entity (as defined in 7 IC 5-11-1-16(e)) to the extent that the entity is required to be 8 examined under IC 5-11-1-9 or another law. 9 (3) "Examination" refers to an audit, examination, or other 10 engagement by the state board of accounts, its field examiners, or 11 private examiners under IC 5-11-1 or another law. 12 (b) The audit and financial reporting subcommittee of the legislative 13 council is established to assure the independence of the state board of 14 accounts. The subcommittee is comprised of five (5) voting members 15 and one (1) advisory member, who shall be the director of the office of 16 management and budget, or the director's designee. The chairman 17 chairperson of the legislative council, with the advice of the vice 18 chairman chairperson of the legislative council, shall appoint the 19 voting members of the audit committee and its chairperson. The audit 20 committee may have members who are not members of the legislative 21 council. If the individual appointed is not a member of the general 22 assembly, the term of the member is three (3) years. If the individual 23 appointed is a member of the general assembly, the term of the member 24 is one (1) year. However, to stagger the terms of the members, if the 25 individual appointed is not a member of the general assembly, the 26 initial term of two (2) of these members is two (2) years instead of 27 three (3) years. All members of the audit committee must possess or 28 obtain a basic understanding of governmental financial reporting and 29 auditing. To ensure the audit committee's independence and 30 effectiveness, a member of the audit committee may not exercise 31 managerial responsibilities that fall within the scope of an examination 32 required by IC 5-11-1. 33 (c) It is the responsibility of the audit committee to provide 34 independent review and oversight of the state board of accounts and the 35 examination process used by the state board of accounts. To carry out 36 this responsibility, the audit committee shall do at least the following: 37 (1) Review and monitor the independence and objectivity of the 38 state board of accounts and the effectiveness of the examination 39 process, taking into consideration relevant professional and 40 regulatory requirements. 41 (2) Evaluate the findings and recommendations of any peer 42 review of the state board of accounts that is required by 2024 IN 1267—LS 6912/DI 92 5 1 recognized government auditing standards. 2 (3) Receive and review reports of examinations submitted under 3 IC 5-11-5-1 or another law to monitor the integrity of the financial 4 reporting process and the effectiveness of the state board of 5 accounts in evaluating the internal accounting controls of audited 6 entities. 7 (4) Monitor the actions of the examined entities to follow up on 8 reported findings to assure corrective action is taken. 9 (5) Review the policy on the engagement of the state board of 10 accounts, its field examiners, and private examiners to supply 11 nonaudit services, taking into account relevant ethical guidance 12 regarding the provision of nonaudit services by the state board of 13 accounts. 14 (6) Provide guidance to the state board of accounts on any 15 accounting, examination, or financial reporting matter requested 16 by the state board of accounts. 17 (7) At least annually, report to the legislative council on how the 18 audit committee has discharged its duties and met its 19 responsibilities. 20 (d) An examined entity shall provide the audit committee with 21 information, including any reports of internal auditors and annual 22 internal audit work plans, that the audit committee requests as 23 necessary or appropriate to carry out the responsibilities of the audit 24 committee. 25 (e) IC 2-5-1.2 applies to the committee. In addition, the audit 26 committee may retain the services of at least one (1) financial expert 27 who is either an audit committee member or an outside party engaged 28 by the audit committee for this purpose. The financial expert must, 29 through both education and experience and in a manner specifically 30 relevant to the government sector, possess: 31 (1) an understanding of generally accepted accounting principles 32 and financial statements; 33 (2) experience in preparing or auditing financial statements of 34 comparable entities; 35 (3) experience in applying such principles in connection with the 36 accounting for estimates, accruals, and reserves; 37 (4) experience with internal accounting controls; and 38 (5) an understanding of audit committee functions. 39 The expenses of the audit committee shall be paid from appropriations 40 for the legislative council and the legislative services agency. 41 (f) The audit committee shall receive appeals and conduct hearings 42 as described in IC 5-11-1-9.3. 2024 IN 1267—LS 6912/DI 92 6 1 SECTION 9. IC 2-5-1.1-10, AS AMENDED BY P.L.85-2017, 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: Sec. 10. (a) The Indiana code revision commission is 4 established. The commission shall function as an advisory body to the 5 legislative council. In that capacity, the commission shall: 6 (1) assist the council in supervising the compilation, 7 computerization, indexing, and printing of the Indiana Code; 8 (2) assist the council in developing standards for the codification 9 and revision of statutes to make those statutes clear, concise, and 10 easy to interpret and to apply; 11 (3) assist the council, as required by IC 4-22-8-11, with the 12 publication of the Indiana Register and in the compilation, 13 computerization, indexing, and printing of the Indiana 14 Administrative Code; 15 (4) assist the council, as required by IC 4-22-2-42, in developing 16 and revising standards, techniques, format, and numbering system 17 to be used in drafting rules for promulgation; 18 (5) assist the council in developing and revising standards, 19 techniques, and format to be used when preparing legislation for 20 consideration by the Indiana general assembly; and 21 (6) assist the council with any other related tasks assigned to the 22 commission by the council. 23 (b) The commission consists of the following members: 24 (1) Four (4) members of the house of representatives, not more 25 than two (2) of whom are members of the same political party, to 26 be appointed by the speaker of the house of representatives. 27 (2) Four (4) members of the senate, not more than two (2) of 28 whom are members of the same political party, to be appointed by 29 the president pro tempore of the senate. 30 (3) The chief justice of Indiana or the chief justice's designee. 31 (4) The chief judge of the Indiana court of appeals or the chief 32 judge's designee. 33 (5) The Indiana attorney general or the attorney general's 34 designee. 35 (6) An attorney admitted to the practice of law before the Indiana 36 supreme court selected by the chairman chairperson of the 37 council. 38 (7) A present or former professor of law selected by the chairman 39 chairperson of the council. 40 (8) The Indiana secretary of state or the secretary of state's 41 designee. 42 (9) An individual appointed by the governor. 2024 IN 1267—LS 6912/DI 92 7 1 Appointive members of the commission shall be appointed to serve a 2 term of two (2) years or until their successors are appointed and 3 qualified. However, an appointing authority may replace a member 4 appointed under subsection (b)(1) or (b)(2) subdivision (1) or (2) at 5 any time during the member's term. 6 (c) IC 2-5-1.2-8.5 applies to the appointment of a chair and a 7 vice-chair vice chair of the commission. 8 (d) Commission members serve without compensation other than 9 per diem and travel allowance as authorized for legislative study 10 committees. 11 (e) The commission shall meet as often as is necessary to properly 12 perform its duties. 13 (f) The council may direct the legislative services agency to provide 14 such clerical, research, and administrative personnel and other 15 assistance as the council considers necessary to enable the commission 16 to properly perform its duties. 17 (g) Subject to the authorization of the council, the expenses incurred 18 by the commission in performing its duties shall be paid from the funds 19 appropriated to the council. 20 SECTION 10. IC 2-5-1.2-8.5, AS ADDED BY P.L.53-2014, 21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 8.5. (a) The: 23 (1) chairman chairperson of the legislative council, with the 24 advice of the vice-chairman, vice chairperson, shall designate the 25 chair; and 26 (2) vice-chairman vice chairperson of the legislative council, 27 with the advice of the chairman, chairperson, shall designate a 28 vice-chair; vice chair; 29 of each committee from among the legislative members of the 30 committee. The chair and vice-chair vice chair of a committee serve 31 at the pleasure of the appointing authority. 32 (b) If a committee is a study committee (as defined in IC 2-5-1.3-3) 33 or another committee on which members serve for two (2) interims or 34 years, the chairman chairperson and the vice-chairman vice 35 chairperson of the legislative council may provide that: 36 (1) the chair of a committee becomes the vice-chair vice chair of 37 the committee in the year after the individual is appointed as 38 chair; and 39 (2) the vice-chair vice chair of the committee becomes the chair 40 of the committee in the year after the individual is appointed as 41 vice-chair. vice chair. 42 SECTION 11. IC 2-5-1.3-15, AS ADDED BY P.L.53-2014, 2024 IN 1267—LS 6912/DI 92 8 1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 15. The legislative council may transfer the study 3 of a legislative topic from the board, commission, or other committee 4 that is directed by law to study the legislative topic to a study 5 committee with subject matter jurisdiction closely relating to the 6 subject matter of the proposed study, as determined by the chairman 7 chairperson of the legislative council, or to an interim study 8 committee established under section 14 of this chapter. 9 SECTION 12. IC 2-5-53-6, AS ADDED BY P.L.249-2023, 10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsections (b), (c), 12 (d), and (e), IC 2-5-1.2 applies to the task force. 13 (b) The task force consists of the following ten (10) members of the 14 general assembly: 15 (1) Three (3) members appointed by the president pro tempore of 16 the senate. 17 (2) Two (2) members appointed by the minority leader of the 18 senate. 19 (3) Three (3) members appointed by the speaker of the house of 20 representatives. 21 (4) Two (2) members appointed by the minority leader of the 22 house of representatives. 23 A member of the task force serves at the pleasure of the appointing 24 authority. 25 (c) The task force shall meet as called by the chair. All meetings of 26 the task force shall be open to the public in accordance with and 27 subject to IC 5-14-1.5. All records of the task force shall be subject to 28 the requirements of IC 5-14-3. 29 (d) A majority of the members of the task force constitutes a 30 quorum. The affirmative vote of at least a majority of the members at 31 a meeting at which a quorum is present is necessary for the task force 32 to take official action other than to meet and take testimony. 33 (e) The: 34 (1) chairman chairperson of the legislative council shall 35 designate the chair; and 36 (2) vice chairman chairperson of the legislative council shall 37 designate the vice chair; 38 of the task force from the members of the task force. The chair and vice 39 chair of the task force serve as chair and vice chair at the pleasure of 40 the appointing authority. 41 SECTION 13. IC 2-6-2-6 IS AMENDED TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) A person shall not use the 2024 IN 1267—LS 6912/DI 92 9 1 logotype of the general assembly unless the person: 2 (1) is a member of the general assembly; 3 (2) is an employee or agent of the general assembly or an agency 4 of the general assembly; 5 (3) is an agency or instrumentality of the general assembly; or 6 (4) has written authorization of the chairman chairperson and 7 vice chairman chairperson of the legislative council. 8 (b) A person who violates this section commits a Class A infraction. 9 SECTION 14. IC 2-7-1.6-4 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A chairman 11 chairperson shall be selected for the commission to serve for a term 12 of one (1) year. The chairman's chairperson's term begins January 1. 13 The chairman chairperson to serve in even-numbered years shall be 14 designated by the president pro tempore of the senate, and the 15 chairman chairperson to serve in odd-numbered years shall be 16 designated by the speaker of the house of representatives. 17 SECTION 15. IC 3-3-2-2, AS AMENDED BY P.L.133-2021, 18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 2. (a) This subsection applies only to the first 20 regular session of the one hundred twenty-second general assembly. If 21 the general assembly adjourns sine die before November 15, 2021, 22 without having complied with the requirements of section 1 of this 23 chapter, a redistricting commission is established. The redistricting 24 commission consists of the speaker of the house, the president pro tem 25 of the senate, the chairpersons of the senate and house committees 26 responsible for legislative apportionment, and a fifth member 27 appointed by the governor from the membership of the general 28 assembly. 29 (b) This subsection applies to a session of the general assembly 30 beginning after November 15, 2021. If a session of the general 31 assembly adjourns without having complied with the requirements of 32 section 1 of this chapter or if for any other reason at any time the state 33 finds itself without a valid congressional district law, a redistricting 34 commission shall be established which shall consist of the speaker of 35 the house, the president pro tem of the senate, the chairman 36 chairpersons of the senate and house committees responsible for 37 legislative apportionment and a fifth member who shall be appointed 38 by the governor from the membership of the general assembly. 39 (c) The redistricting commission shall meet within thirty (30) days 40 after adjournment of the general assembly at a time and place 41 designated by the president pro tem of the senate and shall adopt a 42 congressional redistricting plan in accordance with this chapter. 2024 IN 1267—LS 6912/DI 92 10 1 (d) Any plan so adopted shall be signed by a majority of the 2 redistricting committee and submitted to the governor who forthwith 3 shall issue and publish the governor's executive order establishing 4 congressional districts in accordance with the plan so adopted and 5 directing the commission to place such congressional districts in effect 6 for the primary and general elections next succeeding such general 7 assembly. Congressional districts so established shall continue in effect 8 until changed by statute. 9 SECTION 16. IC 3-5-1-2 IS AMENDED TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2024]: Sec. 2. The types of elections to which 11 this title applies are classified as follows: 12 (1) General election, which is conducted statewide on the first 13 Tuesday after the first Monday in November of each 14 even-numbered year. 15 (2) Municipal election, in which the electorate of a municipality 16 chooses by ballot public officials for the municipality or decides 17 a public question lawfully submitted to the electorate of the 18 municipality. 19 (3) Primary election, which is conducted for the purpose of 20 choosing by ballot the following: 21 (A) The candidates who will be the nominees of a political 22 party for elected offices in a general or municipal election. 23 (B) The precinct committeemen committee persons of a 24 political party. 25 (C) The delegates to a political party's state convention. 26 (4) School district election, in which the electorate of a school 27 district chooses by ballot members of the school board. 28 (5) Special election, which is conducted for a special purpose as 29 provided by law. 30 SECTION 17. IC 3-5-2-9 IS AMENDED TO READ AS FOLLOWS 31 [EFFECTIVE JULY 1, 2024]: Sec. 9. "Chairman" "Chairperson" 32 refers to the chairman chairperson of a central committee as follows: 33 (1) State chairman, chairman chairperson, chairperson of a state 34 committee. 35 (2) District chairman, chairman chairperson, chairperson of a 36 congressional district committee. 37 (3) County chairman, chairman chairperson, chairperson of a 38 county committee. 39 (4) City chairman, chairman chairperson, chairperson of a city 40 committee. 41 (5) Town chairman, chairman chairperson, chairperson of a 42 town committee. 2024 IN 1267—LS 6912/DI 92 11 1 SECTION 18. IC 3-5-2-17 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. "Elected office" 3 means a federal office, state office, legislative office, school board 4 office, or local office. Political party offices (such as precinct 5 committeeman committee person and state convention delegate) are 6 not considered to be elected offices. 7 SECTION 19. IC 3-5-4-1.7, AS AMENDED BY P.L.227-2023, 8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 1.7. (a) Except as otherwise expressly authorized 10 or required under this title, a filing by a person with a commission, the 11 election division, an election board, or a county voter registration office 12 may not be made by fax or electronic mail. 13 (b) A petition of nomination filed with a county voter registration 14 office under IC 3-8-2, IC 3-8-2.5, IC 3-8-3, or IC 3-8-6 or a petition to 15 place a public question on the ballot, or any other petition filed that 16 requires the county voter registration office to certify the validity of 17 signatures, may not contain the electronic signature, including a 18 signature described in IC 26-2-8-106, digital signature, digitized 19 signature, or photocopied signature of a voter. 20 (c) An electronic signature, digital signature, digitized signature, or 21 photocopied signature of a candidate, campaign finance committee 22 chairman, chairperson, or campaign finance committee treasurer may 23 be used for campaign finance statements and reports filed under IC 3-9. 24 SECTION 20. IC 3-5-4-8, AS AMENDED BY P.L.227-2023, 25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 8. (a) This section does not apply to a form 27 incorporated only into the statewide voter registration system under 28 IC 3-7-26.3-3 by the secretary of state, with the consent of the 29 codirectors of the election division. 30 (b) Except as provided in subsection (f), but notwithstanding any 31 other statute, whenever the election division acts under IC 3-6-4.2-12 32 to approve a uniform election or registration form for use throughout 33 Indiana or to approve a revision to an existing form, a person must use 34 the most recent version of the form approved by the election division 35 to comply with this title after the effective date of the election division's 36 order approving the form. 37 (c) Except as provided in subsection (e) or (g), before an order 38 approving a form takes effect under this section, the election division 39 shall transmit a copy of each form or revised form approved by the 40 order to the following: 41 (1) Each circuit court clerk, if the election division determines 42 that the form is primarily used by a candidate, a county election 2024 IN 1267—LS 6912/DI 92 12 1 board member, a county or town political party, or for absentee or 2 provisional ballot purposes. 3 (2) Each county voter registration office, if the election division 4 determines that the form is primarily used in voter registration. 5 (3) The state chairman chairperson of each major political party. 6 (4) The state chairman chairperson of any other political party 7 who has filed a written request with the election division during 8 the preceding twelve (12) months to be furnished with copies of 9 forms. 10 (d) The election division, an election board, a circuit court clerk, a 11 county voter registration office, or any other official responsible for 12 receiving a filing under this title shall reject a filing that does not 13 comply with this section. 14 (e) The election division shall specify the effective date of the form 15 or revised form and may do any of the following: 16 (1) Delay the effective date of the approval of a form or revised 17 form. 18 (2) Permit an earlier approved version of the form or an 19 alternative form to be used before the effective date of the form. 20 (3) Provide for a retroactive effective date for the approval of the 21 form. 22 (f) The election division may allow an earlier approved version of 23 the form to be used if the: 24 (1) earlier version of the form complies with all other 25 requirements imposed under federal law or this title; and 26 (2) election division determines that the existing stock of the form 27 should be exhausted to prevent waste and unnecessary expense. 28 (g) This subsection applies to a form that the election division 29 determines is used primarily by the election division. The election 30 division may provide that an order concerning a form described by this 31 subsection is effective immediately upon adoption, without any 32 requirement to distribute the form to other persons. 33 (h) A form approved by the commission under this section before 34 July 1, 2015, is considered to be approved by the election division 35 without any further action by the election division being required. 36 SECTION 21. IC 3-5-7-1 IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 1. This chapter does not apply to 38 the following: 39 (1) A candidate for precinct committeeman. committee person. 40 (2) A candidate for delegate to a political party convention. 41 SECTION 22. IC 3-6-1-15 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. Notwithstanding 2024 IN 1267—LS 6912/DI 92 13 1 any other statute, an individual serving in any of the following political 2 party offices is not considered to be holding an office for purposes of 3 Article 15 of the Constitution of the State of Indiana: 4 (1) Precinct committeeman. committee person. 5 (2) Precinct vice committeeman. committee person. 6 (3) State convention delegate. 7 (4) Chair or other officer of a central committee. 8 (5) Any other political party office (as defined in IC 3-5-2-17). 9 SECTION 23. IC 3-6-2-1, AS AMENDED BY P.L.124-2012, 10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 1. Each political party whose nominee received at 12 least ten percent (10%) of the votes cast in the state for secretary of 13 state at the last election for that office may have precinct 14 committeemen committee persons elected at the same time as a 15 primary election in accordance with IC 3-10-1-4.5 or IC 3-10-1-4.6 if 16 provided by the rules of the political party. 17 SECTION 24. IC 3-6-2-10.5, AS AMENDED BY P.L.278-2019, 18 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 10.5. The county chairman chairperson of a 20 major political party shall, upon the request of a person who is serving 21 in an elected office (as defined in IC 3-5-2-17), provide to that person 22 the name and address of the precinct committeeman committee person 23 and vice committeeman committee person of that party for each 24 precinct in the county. 25 SECTION 25. IC 3-6-3-6, AS AMENDED BY P.L.225-2011, 26 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 6. (a) After the state chairman chairperson of a 28 political party files a statement with the election division certifying that 29 the party's name has been changed in accordance with all applicable 30 party rules, a political party shall be known by the political party's new 31 name, and the party has all the rights it had under its former name. 32 (b) If the state chairman chairperson of a political party files a 33 statement under subsection (a) after the printing of ballots for use at an 34 election conducted under this title has begun, the election board 35 responsible for printing the ballots is not required to alter the ballots to 36 state the new name of the political party. 37 SECTION 26. IC 3-6-4.1-4 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Before May 1 of 39 a year that the term of a member of the commission expires, the state 40 chairman chairperson of the major political party of the state 41 represented by that member may nominate, in writing, two (2) 42 individuals of the state chairman's chairperson's own political party 2024 IN 1267—LS 6912/DI 92 14 1 to succeed the member whose term will expire. 2 (b) The state chairman chairperson of a political party may 3 nominate the individual whose term will expire that year to serve a new 4 term. 5 (c) If the state chairman chairperson makes the nominations before 6 May 1, the governor shall appoint one (1) of the nominees to the 7 commission. 8 (d) If the state chairman chairperson fails to make the nominations 9 before May 1, the governor shall, within another ten (10) days, appoint 10 a member of the same political party as the state chairman. 11 chairperson. The state chairman chairperson may disapprove the 12 selection by notifying the governor within seven (7) days after 13 receiving notice of the governor's appointment. 14 (e) If the state chairman chairperson disapproves the selection 15 within the seven (7) day period under subsection (d), the governor shall 16 make another appointment under subsection (d) that is also subject to 17 the disapproval of the state chairman chairperson under subsection 18 (d). 19 (f) If the state chairman chairperson does not disapprove an 20 appointment under subsection (d) within the seven (7) day period, the 21 individual appointed by the governor is a member of the commission. 22 SECTION 27. IC 3-6-4.1-5 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) If a member of 24 the commission resigns, dies, or becomes unable to serve on the 25 commission, the governor shall notify the state chairman chairperson 26 of the major political party of the state represented by the member. 27 (b) The state chairman chairperson may nominate in writing, 28 within ten (10) days after notice of the vacancy, two (2) individuals of 29 the state chairman's chairperson's own political party to succeed the 30 member. If the state chairman chairperson makes the nominations 31 within ten (10) days, the governor shall appoint one (1) of the nominees 32 to the commission. 33 (c) If the state chairman chairperson fails to make the nominations 34 within ten (10) days, the governor shall, within another ten (10) days, 35 appoint a member of the same political party as the state chairman. 36 chairperson. The state chairman chairperson may disapprove the 37 selection by notifying the governor within seven (7) days after 38 receiving notice of the governor's appointment. 39 (d) If the state chairman chairperson disapproves the selection 40 within the seven (7) day period under subsection (c), the governor shall 41 make another appointment under subsection (c) that is also subject to 42 the disapproval of the state chairman chairperson under subsection 2024 IN 1267—LS 6912/DI 92 15 1 (c). 2 (e) If the state chairman chairperson does not disapprove an 3 appointment under subsection (c) within the seven (7) day period, the 4 individual appointed by the governor is a member of the commission. 5 SECTION 28. IC 3-6-4.2-8 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) When a vacancy 7 in a co-director position occurs, the secretary of state shall notify the 8 governor and the state chairman chairperson of the political party of 9 which the individual vacating the position is a member. 10 (b) The state chairman chairperson may submit to the governor in 11 writing, within thirty (30) days after notice of the vacancy, the names 12 of two (2) individuals to fill the vacancy. If the state chairman 13 chairperson submits the names of two (2) individuals within the thirty 14 (30) day period, the governor shall appoint one (1) of the two (2) 15 individuals to fill the vacancy. If the state chairman chairperson fails 16 to submit the names of two (2) individuals within the thirty (30) day 17 period, the governor shall, within another ten (10) days, appoint an 18 individual of the same political party as the state chairman chairperson 19 to fill the vacancy. 20 (c) If a state chairman chairperson fails to submit in writing the 21 name of a qualified successor within thirty (30) days after the state 22 chairman chairperson is notified by the secretary of state of a vacancy, 23 the governor shall: 24 (1) appoint a member of the political party of the state chairman 25 chairperson to fill the vacancy; and 26 (2) notify the state chairman chairperson of the selection. 27 (d) The state chairman chairperson may disapprove the selection 28 by notifying the governor within seven (7) days after receiving notice 29 of the governor's appointment. If the state chairman chairperson 30 disapproves the selection within the seven (7) day period, the governor 31 shall make another appointment under subsection (b) which is subject 32 to disapproval of the state chairman chairperson under this subsection. 33 If the state chairman chairperson does not disapprove the appointment 34 within the seven (7) day period, the individual appointed by the 35 governor shall be employed as the co-director. 36 SECTION 29. IC 3-6-5-5 IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 5. The county chairman 38 chairperson of each of the major political parties of a county may 39 nominate, in writing, a member of the chairman's chairperson's party 40 for appointment to the county election board. The circuit court clerk 41 shall appoint the nominee to the board. 42 SECTION 30. IC 3-6-5-6 IS AMENDED TO READ AS FOLLOWS 2024 IN 1267—LS 6912/DI 92 16 1 [EFFECTIVE JULY 1, 2024]: Sec. 6. A circuit court clerk shall remove 2 any member of the county election board upon the request of the 3 county chairman chairperson of the political party that nominated that 4 member. The clerk then shall appoint a new member nominated by the 5 county chairman. chairperson. 6 SECTION 31. IC 3-6-5-7 IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2024]: Sec. 7. In case of a vacancy in the office 8 of either appointee to a county election board, the circuit court clerk 9 shall, within five (5) days, send written notice of the vacancy to the 10 county chairman chairperson of the appointee's political party. The 11 chairman chairperson may, within five (5) days after receiving notice 12 of the vacancy, nominate in writing a successor who shall be appointed. 13 If the chairman chairperson fails to make a nomination within the five 14 (5) day period, the clerk shall, within another five (5) days, appoint a 15 member of the political party entitled to the appointment. 16 SECTION 32. IC 3-6-5-8 IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2024]: Sec. 8. The members of a county 18 election board shall select one (1) of the appointed members to serve 19 as chairman. chairperson. The circuit court clerk shall serve as 20 secretary of the board. 21 SECTION 33. IC 3-6-5-11 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The chairman 23 chairperson of a county election board shall call a meeting of the 24 board whenever the chairman chairperson considers it necessary for 25 the performance of the board's duties. 26 SECTION 34. IC 3-6-5-12 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. If the chairman 28 chairperson of a county election board for any reason fails to call a 29 meeting of the board, then the two (2) other members may meet to 30 execute the powers and perform the duties of the board. 31 SECTION 35. IC 3-6-5-14, AS AMENDED BY P.L.258-2013, 32 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2024]: Sec. 14. (a) Each county election board, in addition to 34 duties otherwise prescribed by law, shall do the following: 35 (1) Conduct all elections and administer the election laws within 36 the county, except as provided in IC 3-8-5 and IC 3-10-7 for town 37 conventions and municipal elections in certain small towns. 38 (2) Prepare all ballots. 39 (3) Distribute all ballots to all of the precincts in the county. 40 (b) Not later than the Monday before distributing ballots and voting 41 systems to the precincts in the county, the county election board shall 42 notify the county chairman chairperson of each major political party 2024 IN 1267—LS 6912/DI 92 17 1 and, upon request, the chairman chairperson of any other bona fide 2 political party in the county, that sample ballots are available for 3 inspection. 4 SECTION 36. IC 3-6-5-15, AS AMENDED BY P.L.74-2017, 5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 15. (a) Except as provided in subsection (b), this 7 section applies when an election is conducted in a political subdivision 8 (as defined in IC 36-1-2-13 and other than a county) that contains 9 territory in more than one (1) county. 10 (b) This section does not apply to an election: 11 (1) conducted at the same time as a primary or general election 12 during an even-numbered year; or 13 (2) conducted in a town by a town election board under IC 3-10-7. 14 (c) To the extent authorized by this section, the county election 15 board of the county that contains the greatest percentage of population 16 of the political subdivision shall conduct all elections for the political 17 subdivision. The county election board may designate polling places 18 for the election, which may be located in any county in which the 19 political subdivision is located, and shall appoint precinct election 20 officers to conduct the election upon nomination by the county 21 chairman chairperson of the county where the precinct is located, or 22 by filling a vacancy if a nomination is not timely made. However, each 23 county election board shall provide poll lists for voters, receive and 24 approve absentee ballot applications, issue certificates of error or other 25 documents for the voters of that county, print ballots for the municipal 26 or special election, and conduct activity required to canvass the votes 27 under IC 3-12-5-2(b). 28 SECTION 37. IC 3-6-5-21 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. The county 30 chairmen chairpersons of the major political parties of a county shall 31 designate the deputy election commissioners. The deputy election 32 commissioners must be divided equally between the major political 33 parties. 34 SECTION 38. IC 3-6-5.2-4 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The combined board 36 is comprised of the following five (5) members: 37 (1) The county chairmen chairpersons of the major political 38 parties of the county shall each appoint two (2) members of the 39 board. Members of the board appointed under this subdivision 40 must be voters of the county and serve a term of two (2) years or 41 until their successors are appointed. 42 (2) The circuit court clerk, who is an ex officio member of the 2024 IN 1267—LS 6912/DI 92 18 1 board. 2 SECTION 39. IC 3-6-5.2-7 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board may 4 vest day to day operations in a director of the board and in an assistant 5 director of the board. 6 (b) The director of the board is appointed by the county chairman 7 chairperson of the political party whose nominee received the highest 8 number of votes in the county for secretary of state in the last election. 9 (c) The assistant director of the board is appointed by the county 10 chairman chairperson of the political party whose nominee received 11 the second highest number of votes in the county for secretary of state 12 in the last election. 13 (d) The assistant director shall receive an annual salary of not less 14 than two thousand dollars ($2,000) less than the salary of the director. 15 (e) The board shall establish the number and compensation of the 16 employees of the board. The county chairman chairperson of each of 17 the major political parties in the county shall appoint one-half (1/2) of 18 the board employees. The director, the assistant director, and the board 19 employees serve at the pleasure of their respective appointing 20 authorities. 21 SECTION 40. IC 3-6-5.4-4 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The board 23 consists of the following: 24 (1) One (1) member appointed by the county chairman 25 chairperson of each of the major political parties of the county. 26 A member appointed under this subdivision must be a voter of the 27 county. 28 (2) The circuit court clerk, who serves as an ex officio member of 29 the board. 30 (b) The board members serving under subsection (a)(1) serve at the 31 pleasure of their respective county chairman. chairperson. 32 SECTION 41. IC 3-6-5.4-6 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Each board member 34 described in section 4(a)(1) of this chapter may, subject to the approval 35 of the county chairman chairperson that appointed the board member, 36 appoint a deputy to assist the board member. 37 SECTION 42. IC 3-6-5.4-7 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board shall 39 appoint employees to perform the board's election and registration 40 duties under this title. 41 (b) The board may appoint an individual as an employee only upon 42 the nomination by the county chairman chairperson of one (1) of the 2024 IN 1267—LS 6912/DI 92 19 1 major political parties of the county. 2 (c) The staff of the board must be equally divided between the major 3 political parties of the county. 4 (d) The board may designate and assign an employee to election or 5 registration duties subject to the consent of the county chairman 6 chairperson that nominated the employee to be a member of the staff. 7 (e) An employee of the board may be cross-trained and assist other 8 employees of the board with other duties subject to the direction of the 9 board. 10 (f) The board shall make final determinations with respect to the 11 duties and assignments of employees of the board. 12 SECTION 43. IC 3-6-5.6-4, AS AMENDED BY P.L.156-2020, 13 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2024]: Sec. 4. The board is comprised of the following five (5) 15 members: 16 (1) The county chairmen chairpersons of the major political 17 parties of the county shall each appoint two (2) members of the 18 board. Members of the board appointed under this subdivision: 19 (A) must be voters of the county; and 20 (B) serve a term of two (2) years or until their successors are 21 appointed. 22 (2) The circuit court clerk, who is an ex officio member of the 23 board. 24 SECTION 44. IC 3-6-6-1 IS AMENDED TO READ AS FOLLOWS 25 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided 26 by law, each county election board shall appoint a precinct election 27 board for each precinct in the county. 28 (b) A precinct election board consists of the following: 29 (1) One (1) inspector. 30 (2) Two (2) judges. 31 (c) Each county chairman chairperson of a major political party of 32 the county is entitled to nominate one (1) judge under section 9 of this 33 chapter. 34 (d) Each inspector and judge must be a voter of the county. 35 (e) The inspector serves as the chairman chairperson of the 36 precinct election board. 37 SECTION 45. IC 3-6-6-2 IS AMENDED TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as provided in section 39 38 of this chapter, each county election board shall appoint two (2) poll 40 clerks for each precinct in the county. 41 (b) Each county chairman chairperson of a major political party of 42 the county is entitled to nominate one (1) poll clerk under section 9 of 2024 IN 1267—LS 6912/DI 92 20 1 this chapter. 2 (c) Except as provided in section 39 of this chapter, the poll clerks 3 must be voters of the county. 4 SECTION 46. IC 3-6-6-3 IS AMENDED TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each county election board 6 may appoint two (2) assistant poll clerks in each precinct. 7 (b) Each county chairman chairperson of a major political party of 8 the county is entitled to nominate one (1) assistant poll clerk under 9 section 9 of this chapter. 10 (c) Except as provided in subsection (d), the assistant poll clerks 11 must be voters of the county. 12 (d) The county election board may permit a person who is not a 13 voter to be an assistant poll clerk if the person is: 14 (1) at least sixteen (16) years of age, but not more than seventeen 15 (17) years of age; and 16 (2) a resident of the county. 17 SECTION 47. IC 3-6-6-4 IS AMENDED TO READ AS FOLLOWS 18 [EFFECTIVE JULY 1, 2024]: Sec. 4. A county election board shall 19 adopt a written resolution not later than twenty-eight (28) days before 20 election day designating the precincts for which assistant clerks are to 21 be appointed. The county election board shall file a copy of the 22 resolution in the office of the circuit court clerk and shall mail copies 23 to the county chairmen chairpersons of the major political parties of 24 the county. 25 SECTION 48. IC 3-6-6-5 IS AMENDED TO READ AS FOLLOWS 26 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided in section 27 38 of this chapter, each county election board shall appoint two (2) 28 election sheriffs for each precinct in the county. 29 (b) Each county chairman chairperson of a major political party of 30 the county is entitled to nominate one (1) election sheriff under section 31 9 of this chapter. 32 (c) Except as provided in section 39 of this chapter, the sheriffs 33 must be voters of the county. 34 SECTION 49. IC 3-6-6-7, AS AMENDED BY P.L.227-2023, 35 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 7. (a) An otherwise qualified person is eligible to 37 serve as a precinct election officer unless any of the following apply: 38 (1) The person is unable to read, write, and speak the English 39 language. 40 (2) The person has any property bet or wagered on the result of 41 the election. 42 (3) The person is a candidate to be voted for at the election in the 2024 IN 1267—LS 6912/DI 92 21 1 precinct, except as an unopposed candidate for a precinct 2 committeeman committee person or state convention delegate. 3 (4) The person is the spouse, parent, father-in-law, mother-in-law, 4 child, son-in-law, daughter-in-law, grandparent, grandchild, 5 brother, sister, brother-in-law, sister-in-law, uncle, aunt, nephew, 6 or niece of a candidate or declared write-in candidate to be voted 7 for at the election in that precinct. This subdivision disqualifies a 8 person whose relationship to the candidate is the result of birth, 9 marriage, or adoption. This subdivision does not disqualify a 10 person from serving as a precinct election officer if the candidate 11 to whom the person is related is an unopposed candidate. For 12 purposes of this subdivision, an "unopposed candidate" includes 13 an individual whose nomination to an office at a primary election 14 is unopposed by any other candidate within the same political 15 party. 16 (5) The person did not attend training required by section 40 of 17 this chapter. 18 (b) In addition to the requirements of subsection (a), a person is not 19 eligible to serve as an inspector if the person is the chairman 20 chairperson or treasurer of the committee of a candidate whose name 21 appears on the ballot. 22 (c) The county election board may, upon the unanimous vote of the 23 entire membership of the county election board, adopt a resolution to 24 permit individuals who are: 25 (1) opposed candidates for precinct committeeman committee 26 person or state convention delegate; or 27 (2) related, as described in subsection (a)(4), to opposed 28 candidates for precinct committeeman committee person or state 29 convention delegate; 30 notwithstanding subsection (a)(3) and (a)(4), to serve as a precinct 31 election officer if the county election board finds that enough 32 individuals are not available to serve as precinct election officers if the 33 restrictions of those provisions are applied. A resolution adopted under 34 this subsection expires December 31 of the year that the resolution is 35 adopted. 36 SECTION 50. IC 3-6-6-8 IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 8. The county chairman 38 chairperson of the major political party whose candidate for the office 39 of secretary of state received the highest vote in the county at the last 40 election may nominate a voter for the office of inspector. 41 SECTION 51. IC 3-6-6-9 IS AMENDED TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2024]: Sec. 9. The county chairmen 2024 IN 1267—LS 6912/DI 92 22 1 chairpersons of the major political parties of a county may nominate 2 individuals who meet the requirements of section 7 or 39 of this 3 chapter for the following precinct election offices who will serve in the 4 precinct on election day: 5 (1) Judge. 6 (2) Poll clerk. 7 (3) Assistant poll clerk. 8 (4) Election sheriff. 9 SECTION 52. IC 3-6-6-10 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) A county 11 chairman chairperson may make nominations for precinct election 12 offices by filing the nominations in writing with the circuit court clerk 13 not later than noon twenty-one (21) days before the election. 14 (b) This subsection does not apply to the office of precinct 15 inspector. A county chairman chairperson may specify in the 16 nomination of an individual for a precinct election office that the 17 individual is nominated to serve until noon on election day and that 18 another individual is nominated to serve in the same precinct election 19 office beginning at noon on election day until the expiration of the term 20 of the office under section 37(b) of this chapter. 21 SECTION 53. IC 3-6-6-11 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) A county 23 election board shall appoint the individuals who are nominated for 24 precinct election offices by the county chairmen chairpersons if the 25 individuals are otherwise eligible under this chapter to serve in the 26 precinct election offices for which they are nominated. 27 (b) This subsection does not apply to the office of precinct 28 inspector. This subsection applies to an appointment to a precinct 29 election office made following a nomination by a county chairman 30 chairperson under this chapter. The county election board shall 31 provide that an appointment of an individual to a precinct election 32 office: 33 (1) expires at noon on election day; or 34 (2) begins at noon on election day and expires under section 37(b) 35 of this chapter; 36 if the nomination made by the county chairman chairperson specifies 37 that the nomination is made for a term that begins or expires at those 38 times. 39 (c) This subsection does not apply to the office of precinct inspector. 40 This subsection applies to an appointment to a precinct election office 41 made by a county election board under section 13(b) of this chapter. 42 The county election board may appoint an individual to a precinct 2024 IN 1267—LS 6912/DI 92 23 1 election office for a term that: 2 (1) expires at noon on election day; or 3 (2) begins at noon on election day and expires under section 37(b) 4 of this chapter. 5 SECTION 54. IC 3-6-6-13, AS AMENDED BY P.L.108-2021, 6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 13. (a) A county election board shall fill a vacancy 8 in a precinct election office before the hour set for the opening of the 9 polls, upon the nomination of the appropriate county chairman. 10 chairperson. 11 (b) This subsection applies to a precinct election office when, at 12 noon, twenty-one (21) days before election day, the appropriate county 13 chairman chairperson has made no nomination for the office. The 14 county election board, by majority vote of the board, may fill the office 15 by appointing an individual who would be eligible to serve in the office 16 if nominated by the county chairman. chairperson. 17 (c) If a vacancy is filled by the county election board under 18 subsection (b), the board may, by unanimous vote of the entire 19 membership of the board, fill the office by appointing a student: 20 (1) enrolled at a postsecondary educational institution (including 21 a community college); and 22 (2) who is a registered voter of the county; 23 to serve as a nonpartisan precinct election officer. 24 (d) If a vacancy is filled by the county election board under 25 subsection (b) (other than inspector), the board may, by unanimous 26 vote of the entire membership of the board, fill the office by appointing 27 a person eligible to serve as a precinct election officer (other than 28 inspector) under section 39 of this chapter. 29 SECTION 55. IC 3-6-6-14 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) This section 31 does not apply to a vacancy in the office of election sheriff in a precinct 32 that is subject to a resolution adopted under section 5 of this chapter. 33 (b) If a precinct election officer fails to appear at the hour set for the 34 opening of the polls, or if a precinct election office becomes vacant 35 during election day, the remaining members of the precinct election 36 board shall fill the vacancy upon the nomination of the highest ranking 37 precinct election officer nominated by the county chairman 38 chairperson of the same political party whose county chairman 39 chairperson was entitled to nominate the holder of the office to be 40 filled. 41 (c) If a county chairman chairperson fails to nominate the 42 individual appointed to make a nomination to fill a vacant precinct 2024 IN 1267—LS 6912/DI 92 24 1 election office under subsection (b), the individual appointed by the 2 county election board to this precinct election office under section 3 13(b) of this chapter is entitled to make the nomination to fill the 4 vacant precinct office under this section. 5 (d) For the purpose of these nominations, the rank of precinct 6 election officers is as follows: 7 (1) Inspector. 8 (2) Judge. 9 (3) Poll clerk. 10 (4) Assistant poll clerk. 11 (5) Election sheriff. 12 SECTION 56. IC 3-6-6-16 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. Upon notification 14 that a vacancy has been filled by a precinct election board under 15 section 14 of this chapter, a county election board shall: 16 (1) upon written approval of the appropriate county chairman, 17 chairperson, confirm the appointment by issuance of proper 18 credentials to the precinct election officer so appointed and 19 approved; or 20 (2) upon nomination by the appropriate county chairman, 21 chairperson, appoint a qualified person to replace the officer then 22 serving, in which case the officer appointed by the county election 23 board shall be issued proper credentials. 24 SECTION 57. IC 3-6-6-23 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 23. The oath prescribed 26 for a precinct election officer must be signed before a person 27 authorized to administer oaths and contain the following information: 28 I do solemnly swear (or affirm) the following: 29 (1) I will support the Constitution of the United States and the 30 Constitution of the State of Indiana. 31 (2) I will faithfully and impartially discharge the duties of 32 inspector (or judge, poll clerk, assistant poll clerk, or sheriff) of 33 this precinct under the law. 34 (3) I will not knowingly permit any person to vote who is not 35 qualified and will not knowingly refuse the vote of any qualified 36 voter or cause any delay to any person offering to vote other than 37 is necessary to procure satisfactory information of the 38 qualification of that person as a voter. 39 (4) I am now a bona fide resident of the county in which the 40 precinct in which I am to act as a member of the election board is 41 situated and, if required by law, am a qualified voter of that 42 county. 2024 IN 1267—LS 6912/DI 92 25 1 (5) I will not disclose or communicate to any person how any 2 voter has voted at this election or how any ballot has been folded 3 or marked. 4 (6) I am able to read, write, and speak the English language. 5 (7) I have no property bet or wagered on the result of this election. 6 (8) I am not a candidate to be voted for at this election in this 7 precinct, except as an unopposed candidate for a political party 8 office. 9 (9) If I am serving as an inspector, I am not the chairman 10 chairperson or treasurer of the committee of a candidate whose 11 name appears on the ballot. 12 (10) I am not related to any person to be voted for at this election 13 in this precinct as the spouse, parent, father-in-law, 14 mother-in-law, child, son-in-law, daughter-in-law, grandparent, 15 grandchild, brother, sister, brother-in-law, sister-in-law, uncle, 16 aunt, nephew, or niece of that person, unless that person is an 17 unopposed candidate. 18 (11) I was trained as required by IC 3-6-6-40. 19 SECTION 58. IC 3-6-6-32 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32. (a) If a precinct has 21 both poll clerks and assistant poll clerks and the voting is entirely done 22 by paper ballot, the assistant poll clerks shall perform the same duties 23 required of the poll clerks regarding the initialing and giving out of the 24 ballots and pencils or pens when required to do so. 25 (b) It is necessary for only the two (2) poll clerks or assistant poll 26 clerks giving out a ballot to place their initials on the back of the ballot. 27 However, the two (2) poll clerks or assistant poll clerks must not have 28 been nominated to a precinct election office by the county chairman 29 chairperson of the same political party. 30 SECTION 59. IC 3-6-7-1, AS AMENDED BY P.L.74-2017, 31 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2024]: Sec. 1. (a) Each political party or independent 33 candidate may appoint challengers and pollbook holders for each 34 precinct in which the political party or independent candidate is on the 35 ballot. 36 (b) This subsection applies to a public question that is submitted to 37 the electorate. A county election board may appoint challengers and 38 pollbook holders if a petition requesting the appointment is filed with 39 the board. The petition must be signed by: 40 (1) the chairman chairperson of a political action committee 41 organized under IC 3-9 to support or oppose the approval of the 42 public question; and 2024 IN 1267—LS 6912/DI 92 26 1 (2) at least the number of voters equal to two percent (2%) of the 2 votes cast in the last election for secretary of state in the county. 3 (c) A challenger must be at least eighteen (18) years of age. 4 (d) The county election board, county chairman, chairperson, other 5 local chairman chairperson of the party, or independent candidate: 6 (1) must make the appointments in writing; and 7 (2) shall issue one (1) identification card for each person 8 appointed under this section. 9 (e) Except as provided in subsections (f) and (g), each political party 10 or independent candidate described in subsection (a) or a political 11 action committee described in subsection (b) may have only one (1) 12 challenger and one (1) pollbook holder present at each precinct's polls 13 at any time during election day. 14 (f) If more than one (1) precinct votes at the same polling place, the 15 number of challengers and pollbook holders of each political party or 16 independent candidate described in subsection (a) or a political action 17 committee described in subsection (b) entitled to be present at the 18 polling place equals the number of precincts voting at the polling place. 19 (g) In a county designated as a vote center county under 20 IC 3-11-18.1, the number of challengers and pollbook holders of each 21 political party or independent candidate described in subsection (a) or 22 a political action committee described in subsection (b) entitled to be 23 present at the vote center is one (1) challenger and one (1) pollbook 24 holder for: 25 (1) each electronic poll book station present at the vote center; or 26 (2) the number of electronic poll book stations specified in the 27 county vote center plan for the vote center; 28 whichever is greater. 29 (h) The challenger and pollbook holder present at the polls must 30 possess an identification card issued under subsection (d). 31 (i) The identification card issued under subsection (d) must clearly 32 state the following: 33 (1) The status of the individual as an appointed challenger or 34 pollbook holder. 35 (2) The name of the individual serving as a challenger or pollbook 36 holder. 37 (3) The name of the person who appointed the individual as a 38 challenger or pollbook holder, and whether the person is a 39 political party, an independent candidate, or a county election 40 board. 41 (4) If the challenger or pollbook holder has been appointed by a 42 political party, the name of the political party. 2024 IN 1267—LS 6912/DI 92 27 1 SECTION 60. IC 3-6-7-1.5 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. A candidate to be 3 voted for at an election, except as an unopposed candidate for precinct 4 committeeman committee person or state convention delegate, is not 5 eligible to be appointed as a challenger or pollbook holder at an 6 election. 7 SECTION 61. IC 3-6-8-1, AS AMENDED BY P.L.74-2017, 8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 1. (a) The state chairman chairperson and county 10 chairman chairperson of each bona fide political party or an 11 independent candidate for a federal or a state office are entitled to 12 appoint watchers at each precinct in which the political party or 13 independent candidate is on the ballot. 14 (b) This subsection applies to a public question that is submitted to 15 the electorate. A county election board may appoint watchers if a 16 petition requesting the appointment is filed with the board. The petition 17 must be signed by: 18 (1) the chairman chairperson of a political action committee 19 organized under IC 3-9 to support or oppose the approval of the 20 public question; and 21 (2) at least the number of voters equal to two percent (2%) of the 22 votes cast in the last election for secretary of state in the county. 23 (c) Except as provided in subsections (d), (e), and (f), at any time 24 during election day, each political action committee, each political 25 party, or an independent candidate for a federal or a state office may 26 have only one (1) watcher present at each precinct's polls. 27 (d) If both the state chairman chairperson and the county chairman 28 chairperson of a political party have appointed watchers within the 29 county, the political party may have two (2) watchers present at the 30 polls of each precinct of the county or at each electronic poll book 31 station at any time during election day. 32 (e) If more than one (1) precinct votes at the same polling place, the 33 number of watchers of each political party, an independent candidate 34 for federal or state office, or each political action committee described 35 in subsection (b) entitled to be present at the polling place equals the 36 number of precincts voting at the polling place. 37 (f) In a county designated as a vote center county under 38 IC 3-11-18.1, the number of watchers of each political party, an 39 independent candidate for federal or state office, or each political 40 action committee described in subsection (b) entitled to be present at 41 the vote center is one (1) watcher for: 42 (1) each electronic poll book station present at the vote center; or 2024 IN 1267—LS 6912/DI 92 28 1 (2) the number of electronic poll book stations specified in the 2 county vote center plan for the vote center; 3 whichever is greater. 4 SECTION 62. IC 3-6-8-2 IS AMENDED TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2024]: Sec. 2. A candidate to be voted for at an 6 election, except as an unopposed candidate for precinct committeeman 7 committee person or state convention delegate, is not eligible to be 8 appointed as a watcher at an election. 9 SECTION 63. IC 3-6-8-3, AS AMENDED BY P.L.194-2013, 10 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 3. (a) A watcher present at the polls must possess 12 an identification card issued under this section and present the card if 13 demanded by a member of the precinct election board. 14 (b) The county election board, state chairman, chairperson, county 15 chairman, chairperson, or chairman chairperson of the committee of 16 the independent candidate for a federal or a state office: 17 (1) must appoint each watcher in writing; and 18 (2) shall issue one (1) watcher identification card for each person 19 appointed as a watcher. 20 (c) The identification card must be signed by the chairman 21 chairperson of the county election board, state chairman, chairperson, 22 county chairman chairperson of the party, or chairman chairperson 23 of the committee of the independent candidate for a federal or a state 24 office that the watcher represents. 25 (d) The identification card described in subsection (a) must clearly 26 state the following: 27 (1) The status of the individual as an appointed watcher. 28 (2) The name of the individual serving as a watcher. 29 (3) The name of the person who appointed the individual as a 30 watcher. 31 (4) If the individual has been appointed as a watcher by a political 32 party, the name of the political party. 33 SECTION 64. IC 3-6-9-1 IS AMENDED TO READ AS FOLLOWS 34 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) If: 35 (1) twenty-six percent (26%) or more of all candidates of a 36 political party who are candidates for: 37 (A) nomination to elected offices at a county primary election 38 (or municipal primary election within the municipality in 39 which the municipal primary is to be conducted), not including 40 candidates for delegates to the state convention or candidates 41 for precinct committeemen; committee persons; or 42 (B) precinct committeemen committee persons at an election 2024 IN 1267—LS 6912/DI 92 29 1 for precinct committeemen, committee persons, whose names 2 are certified to the county election board as candidates to be 3 voted for at the primary election for precinct committeemen; 4 committee persons; or 5 (2) any candidate or group of candidates for a school board office; 6 desire to have watchers at the polls in any precinct of the county or 7 municipality, they shall sign a written statement indicating their desire 8 to name watchers. 9 (b) If the candidates signing the statement are candidates for 10 nomination at a county primary election or for election as precinct 11 committeemen committee persons or to a school board office, the 12 written statement shall be filed with the circuit court clerk of the county 13 where the candidates reside. 14 (c) If the candidates signing the statement are candidates for 15 nomination at a municipal primary election, the written statement shall 16 be filed with the circuit court clerk of the county that contains the 17 greatest percentage of the population of the election district. 18 SECTION 65. IC 3-6-9-4 IS AMENDED TO READ AS FOLLOWS 19 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) An attorney-in-fact 20 designated under section 2 of this chapter shall file with the circuit 21 court clerk the names of the voters of the county or municipality who 22 are to act as watchers in the precincts designated in the written 23 statement. 24 (b) The attorney-in-fact may certify watchers from voters of the 25 county or municipality without regard to precinct boundary lines. 26 (c) A watcher designated under this section: 27 (1) may not be a candidate to be voted for at the election, except 28 as an unopposed candidate for precinct committeeman committee 29 person or state convention delegate; and 30 (2) must be a registered voter of the county. 31 SECTION 66. IC 3-6-10-3 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The list required by 33 section 2 of this chapter shall be furnished the day before election day 34 to the following: 35 (1) The circuit court clerk. 36 (2) The county election board. 37 (3) The county chairman chairperson of each political party that 38 is entitled to appoint a watcher under IC 3-6-8. 39 (4) The chairman chairperson of each independent candidate's 40 committee that is entitled to appoint a watcher under IC 3-6-8. 41 SECTION 67. IC 3-6-11-2 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman, 2024 IN 1267—LS 6912/DI 92 30 1 chairperson, president, or other chief officer of the organization taking 2 a poll under section 1 of this chapter shall issue to the persons taking 3 the poll a certificate showing the nature of the poll and the organization 4 for which the poll is to be taken. 5 SECTION 68. IC 3-6-11-7, AS AMENDED BY P.L.83-2016, 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 7. (a) If the proprietor, manager, or association of 8 co-owners does not permit a poll taker for a political party or an 9 independent candidate for a federal or a state office to enter the place 10 or condominium under section 5(c) of this chapter, the chairman 11 chairperson of the county election board of the county in which the 12 place or condominium is located shall call a meeting of the board under 13 IC 3-6-5. 14 (b) The secretary of the county election board shall notify the 15 proprietor, manager, or association of the meeting by certified mail, 16 return receipt requested. 17 (c) The county election board shall receive evidence concerning 18 violations of this section and, if the board determines that reasonable 19 cause exists to believe that a violation has occurred, forward a copy of 20 the minutes of the meeting to the prosecuting attorney of the county in 21 which the place or condominium is located for proceedings under 22 IC 34-28-5. 23 SECTION 69. IC 3-7-11-10 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The chairman 25 chairperson of the commission shall convene the hearing as promptly 26 as possible, but not later than thirty (30) days after the member files the 27 request for a hearing under section 9 of this chapter. 28 SECTION 70. IC 3-7-12-9 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. The county chairmen 30 chairpersons of the major political parties of a county that has a board 31 of registration shall each appoint one (1) member of the board. The two 32 (2) appointed persons must be voters of the county. 33 SECTION 71. IC 3-7-12-11 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Notwithstanding 35 section 10 of this chapter, a member of a board of registration serves 36 at the pleasure of the county chairman chairperson whose political 37 party initially appointed the person. 38 SECTION 72. IC 3-7-12-20 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. An employee may 40 not be appointed until the board of registration receives the written 41 recommendation of the county chairman chairperson of the 42 appropriate major political party of the county. 2024 IN 1267—LS 6912/DI 92 31 1 SECTION 73. IC 3-7-12-37 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 37. The chairman 3 chairperson of the county election board shall convene the hearing as 4 promptly as possible, but not later than thirty (30) days after the 5 member files the request for a hearing under section 36 of this chapter. 6 SECTION 74. IC 3-7-28-1, AS AMENDED BY P.L.258-2013, 7 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2024]: Sec. 1. The county voter registration office shall 9 provide voter registration information to certain county chairmen 10 chairpersons and candidates as provided in this chapter. 11 SECTION 75. IC 3-7-28-2, AS AMENDED BY P.L.258-2013, 12 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 2. (a) This section does not apply to confidential 14 information included on a voter registration application. 15 (b) A report containing information regarding all registration 16 applications executed under this article during that part of a registration 17 period ending sixty-five (65) days before a primary, general, or 18 municipal election shall be forwarded not later than sixty (60) days 19 before the election to the following upon request: 20 (1) Each of the county chairmen chairpersons of the major 21 political parties of the county. 22 (2) The chairman chairperson of the following: 23 (A) A bona fide political party that has at least one (1) 24 candidate on the ballot of the election. 25 (B) An independent candidate's committee if the candidate is 26 on the ballot at the election. 27 SECTION 76. IC 3-7-28-3, AS AMENDED BY P.L.258-2013, 28 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2024]: Sec. 3. (a) This section does not apply to confidential 30 information included on a voter registration application. 31 (b) A report containing information regarding all registration 32 applications executed under this article during that part of a registration 33 period beginning sixty-five (65) days before a primary, general, or 34 municipal election and ending twenty-nine (29) days before the 35 election shall be forwarded daily and within forty-eight (48) hours of 36 the date on which the report was originally made to the following upon 37 request: 38 (1) Each of the county chairmen chairpersons of the major 39 political parties of the county. 40 (2) The chairman chairperson of the following: 41 (A) A bona fide political party that has at least one (1) 42 candidate on the ballot of the election. 2024 IN 1267—LS 6912/DI 92 32 1 (B) An independent candidate's committee if the candidate is 2 on the ballot at the election. 3 SECTION 77. IC 3-7-28-4 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. After the county 5 election board receives a written request from the county chairman 6 chairperson of a major political party, one (1) copy of the registered 7 voter list prepared for the inspector of each precinct under IC 3-7-29-1 8 shall be furnished to the county chairman chairperson making the 9 request. The copy shall be furnished to the county chairman 10 chairperson as soon as the lists are prepared. 11 SECTION 78. IC 3-7-28-5 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Upon written request 13 and as soon as the list required by section 4 of this chapter is prepared, 14 a copy of the list shall be furnished to the following: 15 (1) The county chairman chairperson of any political party that 16 has at least one (1) candidate on the ballot in the next election. 17 (2) The committee of a candidate whose name will appear on the 18 ballot in the next election. 19 (3) The county chairman chairperson of any other bona fide 20 political party. 21 SECTION 79. IC 3-7-28-8 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The circuit court 23 clerk or board of registration shall send a list of voters who are mailed 24 voter list maintenance notices under this article to the following upon 25 request: 26 (1) The county chairmen chairpersons of the major political 27 parties of the county. 28 (2) The chairman chairperson of the following: 29 (A) A bona fide political party of the county. 30 (B) An independent candidate's committee, if the independent 31 candidate is on the ballot for the next election to be conducted 32 in the county. 33 SECTION 80. IC 3-7-28-10 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The circuit court 35 clerk or board of registration shall furnish copies of the master list, as 36 described in section 9 of this chapter, to the following upon request: 37 (1) The county chairmen chairpersons of the major political 38 parties of the county. 39 (2) The chairman chairperson of the following: 40 (A) A bona fide political party of the county. 41 (B) An independent candidate's committee if the candidate is 42 on the ballot for the next general election to be conducted in 2024 IN 1267—LS 6912/DI 92 33 1 the county. 2 SECTION 81. IC 3-7-28-12, AS AMENDED BY P.L.225-2011, 3 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 JULY 1, 2024]: Sec. 12. (a) Each county voter registration office shall 5 send a list of the deceased persons whose registrations have been 6 canceled to the following upon request: 7 (1) The county chairman chairperson of each major political 8 party of the county. 9 (2) The chairman chairperson of the following: 10 (A) A bona fide political party of the county. 11 (B) An independent candidate's committee, if the candidate is 12 on the ballot for the next election to be conducted in the 13 county. 14 (b) A request filed under this section may state that the list is to 15 include only cancellations made by the county voter registration office 16 within a period specified in the request. 17 SECTION 82. IC 3-7-28-13, AS AMENDED BY P.L.225-2011, 18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 13. (a) Each county voter registration office shall 20 send a list of disfranchised voters whose registrations have been 21 canceled to the following upon request: 22 (1) The county chairmen chairpersons of the major political 23 parties of the county. 24 (2) The chairman chairperson of the following: 25 (A) A bona fide political party of the county. 26 (B) An independent candidate's committee, if the candidate is 27 on the ballot for the next general election to be conducted in 28 the county. 29 (b) A request filed under this section may state that the list is to 30 include only cancellations made by the county voter registration office 31 within a period specified in the request. 32 SECTION 83. IC 3-7-28-14, AS AMENDED BY P.L.219-2013, 33 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2024]: Sec. 14. (a) Each county voter registration office shall 35 provide a list of the names and addresses of all voters whose 36 registrations have been canceled under this article to the following 37 upon request: 38 (1) The county chairmen chairpersons of the major political 39 parties of the county. 40 (2) The chairman chairperson of the following: 41 (A) A bona fide political party of the county. 42 (B) An independent candidate's committee participating in a 2024 IN 1267—LS 6912/DI 92 34 1 primary, general, or municipal election. 2 Upon request the county voter registration office shall report 3 cancellations daily and within forty-eight (48) hours after the day on 4 which the cancellations were made, until election day. 5 (b) A request filed under this section may state that the list is to 6 include only cancellations made by the county voter registration office 7 within a period specified in the request. 8 SECTION 84. IC 3-7-29-2, AS AMENDED BY P.L.169-2015, 9 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a county that: 11 (1) has adopted an order under section 6(a)(1) of this chapter; or 12 (2) is a vote center county under IC 3-11-18.1. 13 (b) After the county election board receives a request from the 14 county chairman chairperson of a major political party, not more than 15 two (2) copies of the list required by this chapter shall be prepared and 16 furnished to the inspector of the precinct for use at the polls on election 17 day. The inspector may provide a list furnished under this section to 18 any other precinct officer. 19 SECTION 85. IC 3-7-30-4 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) This section 21 applies to the following: 22 (1) A county chairman chairperson who receives a certified list 23 of registered voters prepared for a precinct inspector under this 24 article. 25 (2) A person who receives a list from a county chairman 26 chairperson described in subdivision (1). 27 (b) A list received under subsection (a) may not be: 28 (1) disclosed by a person who receives the list under subsection 29 (a) to a commercial entity for commercial purposes; or 30 (2) used by a commercial entity for commercial purposes. 31 (c) A person may: 32 (1) use information obtained under this section in connection with 33 the preparation of a news broadcast or a publication in a 34 newspaper; and 35 (2) publish information obtained under this section in a news 36 broadcast or newspaper. 37 SECTION 86. IC 3-8-1-2, AS AMENDED BY P.L.278-2019, 38 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2024]: Sec. 2. (a) This section does not apply to a candidate 40 challenged under IC 3-8-8. 41 (b) The commission, a county election board, or a town election 42 board shall act if a candidate (or a person acting on behalf of a 2024 IN 1267—LS 6912/DI 92 35 1 candidate in accordance with state law) has filed any of the following: 2 (1) A declaration of candidacy under IC 3-8-2 or IC 3-8-5. 3 (2) A request for ballot placement in a presidential primary under 4 IC 3-8-3. 5 (3) A petition of nomination or candidate's consent to nomination 6 under IC 3-8-2.5 or IC 3-8-6. 7 (4) A certificate of nomination under IC 3-8-5, IC 3-8-7, 8 IC 3-10-2-15, or IC 3-10-6-12. 9 (5) A certificate of candidate selection under IC 3-13-1 or 10 IC 3-13-2. 11 (6) A declaration of intent to be a write-in candidate under 12 IC 3-8-2-2.5. 13 (7) A contest to the denial of certification under IC 3-8-2.5 or 14 IC 3-8-6-12. 15 (c) The commission has jurisdiction to act under this section with 16 regard to any filing described in subsection (b) that was made with the 17 election division. Except for a filing under the jurisdiction of a town 18 election board, a county election board has jurisdiction to act under this 19 section with regard to any filing described in subsection (b) that was 20 made with the county election board, county voter registration office, 21 or the circuit court clerk. A town election board has jurisdiction to act 22 under this section with regard to any filing that was made with the 23 county election board, the county voter registration office, or the circuit 24 court clerk for nomination or election to a town office. 25 (d) Except as provided in subsection (f), before the commission or 26 election board acts under this section, a registered voter of the election 27 district that a candidate seeks to represent or a county chairman 28 chairperson of a major political party of a county in which any part of 29 the election district is located must file a sworn statement before a 30 person authorized to administer oaths, with the election division or 31 election board: 32 (1) questioning the eligibility of the candidate to seek the office; 33 and 34 (2) setting forth the facts known to the voter or county chairman 35 chairperson of a major political party of a county concerning this 36 question. 37 (e) The eligibility of a write-in candidate or a candidate nominated 38 by a convention, petition, or primary may not be challenged under this 39 section if the commission or board determines that all of the following 40 occurred: 41 (1) The eligibility of the candidate was challenged under this 42 section before the candidate was nominated. 2024 IN 1267—LS 6912/DI 92 36 1 (2) The commission or board conducted a hearing on the affidavit 2 before the nomination. 3 (3) This challenge would be based on substantially the same 4 grounds as the previous challenge to the candidate. 5 (f) Before the commission or election board can consider a contest 6 to the denial of a certification under IC 3-8-2.5 or IC 3-8-6-12, a 7 candidate (or a person acting on behalf of a candidate in accordance 8 with state law) must file a sworn statement with the election division 9 or election board: 10 (1) stating specifically the basis for the contest; and 11 (2) setting forth the facts known to the candidate supporting the 12 basis for the contest. 13 (g) Upon the filing of a sworn statement under subsection (d) or (f), 14 the commission or election board shall determine the validity of the 15 questioned: 16 (1) declaration of candidacy; 17 (2) declaration of intent to be a write-in candidate; 18 (3) request for ballot placement under IC 3-8-3; 19 (4) petition of nomination; 20 (5) certificate of nomination; 21 (6) certificate of candidate selection issued under IC 3-13-1-15 or 22 IC 3-13-2-8; or 23 (7) denial of a certification under IC 3-8-2.5 or IC 3-8-6-12. 24 (h) The commission or election board shall deny a filing if the 25 commission or election board determines that the candidate has not 26 complied with the applicable requirements for the candidate set forth 27 in the Constitution of the United States, the Constitution of the State of 28 Indiana, or this title. 29 SECTION 87. IC 3-8-1-5.7, AS AMENDED BY P.L.219-2013, 30 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 5.7. (a) Except as expressly provided by law, a 32 candidate for selection under IC 3-13-5 or IC 3-13-11 for an 33 appointment pro tempore to an office must comply with the 34 requirements imposed under this chapter on a candidate for election to 35 the office. For purposes of determining whether a candidate for an 36 appointment pro tempore complies with a requirement imposed under 37 this chapter on a candidate for election to the office, the term "before 38 the election" is considered to read as: 39 (1) "before the date of the caucus that is required to fill the vacant 40 office"; or 41 (2) "before the date that the county political party chairman 42 chairperson appoints an individual to fill the vacant office"; 2024 IN 1267—LS 6912/DI 92 37 1 whichever is the case. 2 (b) If a town council member: 3 (1) was elected or selected as a candidate from a town council 4 district; and 5 (2) served on a council that subsequently adopted an ordinance 6 under IC 36-5-2-4.1 abolishing town council districts; 7 a candidate for selection for an appointment pro tempore to succeed the 8 town council member is not required to reside within the district 9 formerly represented by the town council member. 10 SECTION 88. IC 3-8-1-32 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32. A candidate for: 12 (1) precinct committeeman; committee person; or 13 (2) delegate to a state convention; 14 of a political party in the state whose nominee received at least ten 15 percent (10%) of the total vote cast for secretary of state at the last 16 election must comply with any candidate requirement set by state party 17 rules. 18 SECTION 89. IC 3-8-2-3 IS AMENDED TO READ AS FOLLOWS 19 [EFFECTIVE JULY 1, 2024]: Sec. 3. A person who desires to be 20 elected either or both of the following at a primary election shall file a 21 declaration of candidacy: 22 (1) Precinct committeeman. committee person. 23 (2) Delegate to a state convention. 24 SECTION 90. IC 3-8-2-6, AS AMENDED BY P.L.227-2023, 25 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 6. (a) A declaration of candidacy for: 27 (1) any local office not described in section 5 of this chapter; 28 (2) precinct committeeman; committee person; or 29 (3) delegate to a state convention; 30 shall be filed in the office of the county election board located in the 31 county seat. 32 (b) Whenever the election district for a local office includes more 33 than one (1) county, the declaration of candidacy shall be filed in the 34 office of the county election board located in the county seat of the 35 county that contains the greatest percentage of population of the 36 election district. 37 (c) This subsection applies to a county having a population of more 38 than four hundred thousand (400,000) and less than seven hundred 39 thousand (700,000). The chief deputy of the combined election board 40 and board of registration shall post for public inspection a copy of each 41 declaration of candidacy filed under this section on the day the 42 declaration is filed. 2024 IN 1267—LS 6912/DI 92 38 1 (d) This subsection applies if an election district for a local office is 2 located in more than one (1) county. The circuit court clerk of the 3 county having the greatest percentage of population of the election 4 district shall promptly certify the names of each of the candidates that 5 have filed a declaration of candidacy to be a candidate for the office in 6 the election district to the county election board of each other county 7 in which the election district is located. 8 SECTION 91. IC 3-8-2-7, AS AMENDED BY P.L.227-2023, 9 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 7. (a) The declaration of each candidate required 11 by this chapter must be signed before a person authorized to administer 12 oaths and contain the following information: 13 (1) The candidate's name, printed or typewritten as: 14 (A) the candidate wants the candidate's name to appear on the 15 ballot; and 16 (B) the candidate's name is permitted to appear on the ballot 17 under IC 3-5-7. 18 A candidate must specify, by a designation described in 19 IC 3-5-7-5, each designation that the candidate wants to use that 20 is permitted by IC 3-5-7. 21 (2) A statement that the candidate is a registered voter and the 22 location of the candidate's precinct and township (or ward, if 23 applicable, and city or town), county, and state. 24 (3) The candidate's complete residence address, and if the 25 candidate's mailing address is different from the residence 26 address, the mailing address. 27 (4) A statement of the candidate's party affiliation. For purposes 28 of this subdivision, a candidate is considered to be affiliated with 29 a political party only if any of the following applies: 30 (A) The two (2) most recent primary elections in Indiana in 31 which the candidate voted were primary elections held by the 32 party with which the candidate claims affiliation. If the 33 candidate cast a nonpartisan ballot at an election held at the 34 most recent primary election in which the candidate voted, a 35 certification by the county chairman chairperson under clause 36 (B) is required. 37 (B) The county chairman chairperson of: 38 (i) the political party with which the candidate claims 39 affiliation; and 40 (ii) the county in which the candidate resides; 41 certifies that the candidate is a member of the political party. 42 The declaration of candidacy must inform candidates how party 2024 IN 1267—LS 6912/DI 92 39 1 affiliation is determined under this subdivision and permit the 2 candidate to indicate on the declaration of candidacy which of 3 clauses (A) or (B) applies to the candidate. If a candidate claims 4 party affiliation under clause (B), the candidate must attach to the 5 candidate's declaration of candidacy the written certification of 6 the county chairman chairperson required by clause (B). 7 (5) A statement that the candidate complies with all requirements 8 under the laws of Indiana to be a candidate for the above named 9 office, including any applicable residency requirements, and that 10 the candidate is not ineligible to be a candidate due to a criminal 11 conviction that would prohibit the candidate from serving in the 12 office. 13 (6) A request that the candidate's name be placed on the official 14 primary ballot of that party to be voted on, the office for which the 15 candidate is declaring, and the date of the primary election. 16 (7) The following statements: 17 (A) A statement that the candidate has attached either of the 18 following to the declaration: 19 (i) A copy of a statement of economic interests, file stamped 20 by the office required to receive the statement of economic 21 interests. 22 (ii) A receipt or photocopy of a receipt showing that a 23 statement of economic interests has been filed. 24 This requirement does not apply to a candidate for a federal 25 office. 26 (B) A statement that the candidate understands that if the 27 candidate is elected to the office, the candidate may be 28 required to obtain and file an individual surety bond before 29 serving in the office. This requirement does not apply to a 30 candidate for a federal office or legislative office. 31 (C) A statement that the candidate understands that if the 32 candidate is elected to the office, the candidate may be 33 required to successfully complete training or have attained 34 certification related to service in an elected office. This 35 requirement does not apply to a candidate for a federal office, 36 state office, or legislative office. 37 (D) A statement that the candidate: 38 (i) is aware of the provisions of IC 3-9 regarding campaign 39 finance and the reporting of campaign contributions and 40 expenditures; and 41 (ii) agrees to comply with the provisions of IC 3-9. 42 This requirement does not apply to a candidate for a federal 2024 IN 1267—LS 6912/DI 92 40 1 office. 2 The candidate must separately initial each of the statements 3 required by this subdivision. 4 (8) A statement as to whether the candidate has been a candidate 5 for state, legislative, or local office in a previous primary, 6 municipal, special, or general election and whether the candidate 7 has filed all reports required by IC 3-9-5-10 for all previous 8 candidacies. 9 (9) If the candidate is subject to IC 3-9-1-5, a statement that the 10 candidate has filed a campaign finance statement of organization 11 for the candidate's principal committee or is aware that the 12 candidate may be required to file a campaign finance statement of 13 organization not later than noon seven (7) days after the final date 14 to file the declaration of candidacy under section 4 of this chapter. 15 (10) The candidate's signature. 16 (b) The election division shall provide that the form of a declaration 17 of candidacy includes the following information: 18 (1) The dates for filing campaign finance reports under IC 3-9. 19 (2) The penalties for late filing of campaign finance reports under 20 IC 3-9. 21 (c) A declaration of candidacy must include a statement that the 22 candidate requests the name on the candidate's voter registration record 23 be the same as the name the candidate uses on the declaration of 24 candidacy. If there is a difference between the name on the candidate's 25 declaration of candidacy and the name on the candidate's voter 26 registration record, the officer with whom the declaration of candidacy 27 is filed shall forward the information to the voter registration officer of 28 the appropriate county as required by IC 3-5-7-6(d). The voter 29 registration officer of the appropriate county shall change the name on 30 the candidate's voter registration record to be the same as the name on 31 the candidate's declaration of candidacy. 32 SECTION 92. IC 3-8-2-23, AS AMENDED BY P.L.84-2016, 33 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2024]: Sec. 23. (a) This section applies if a person: 35 (1) files a declaration of candidacy under this chapter; 36 (2) moves from the election district that the person sought to 37 represent following the filing of the declaration of candidacy; 38 (3) does not file a notice of withdrawal of candidacy under section 39 20 of this chapter; and 40 (4) is no longer an active candidate. 41 (b) The county chairman chairperson of any political party on the 42 ballot in the election district or a candidate for the office sought by the 2024 IN 1267—LS 6912/DI 92 41 1 person described in subsection (a) may, upon determining that this 2 section applies, file an action in the circuit court, superior court, or 3 probate court in the county where the person described in subsection 4 (a) resided. The complaint in this action must: 5 (1) state that this section applies to the person; 6 (2) name the person described in subsection (a) and the public 7 official responsible for placing that person's name on the ballot as 8 defendants; and 9 (3) be filed no later than a notice of withdrawal could have been 10 filed under section 20 of this chapter. 11 (c) When a complaint is filed under subsection (b), the circuit court, 12 superior court, or probate court shall conduct a hearing and rule on the 13 petition within ten (10) days after it is filed. 14 (d) If the court finds in favor of the plaintiff, a candidate vacancy 15 occurs on the: 16 (1) general election ballot; and 17 (2) primary election ballot if no other person is: 18 (A) a member of the same political party as the person 19 described in subsection (a); and 20 (B) a candidate on the ballot for the office sought by the 21 person described in subsection (a). 22 (e) The candidate vacancy shall be filled under IC 3-13-1. 23 SECTION 93. IC 3-8-3-10 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The election 25 division shall tabulate the results submitted under section 9 of this 26 chapter and promptly certify to the state chairman chairperson of each 27 political party the result of the presidential primary vote for the 28 candidates of that party. 29 SECTION 94. IC 3-8-4-3, AS AMENDED BY P.L.216-2015, 30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 3. (a) This section applies to each political party 32 that elects delegates to the party's state convention at a primary 33 election. 34 (b) Delegates to a state convention shall be chosen at the primary 35 election conducted by the political party on the first Tuesday after the 36 first Monday in May 2016 and every two (2) years thereafter. If 37 provided in the rules of the state committee of the political party, 38 delegates may be elected from delegate districts in each county. 39 (c) Not later than noon November 30 of the year preceding the year 40 in which the state convention is to be conducted, the state chairman 41 chairperson of a political party shall certify the following to the 42 election division and to each county committee of the party: 2024 IN 1267—LS 6912/DI 92 42 1 (1) The number of delegates to be elected in each county. 2 (2) Whether the delegates are to be elected from districts or at 3 large in each county. 4 (3) If a county is to elect delegates from districts, how many 5 districts must be established in each county. 6 (d) The county committee shall establish any delegate districts 7 required to be established under subsection (c) and file descriptions 8 setting forth the district boundaries with the county election board not 9 later than noon December 31 of the year preceding the year the state 10 convention is to be conducted. If the county committee does not timely 11 file district descriptions under this subsection, the county election 12 board shall establish districts not later than the first day that a 13 declaration of candidacy may be filed under IC 3-8-2-4, and apportion 14 the delegates to be elected from each district in accordance with 15 subsection (c). 16 SECTION 95. IC 3-8-4-6 IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2024]: Sec. 6. If the political party participated 18 in a presidential primary during the year in which the state convention 19 is held, the state chairman chairperson shall notify the convention of 20 the results of the presidential primary furnished to the chairman 21 chairperson under IC 3-8-3-10. 22 SECTION 96. IC 3-8-4-9, AS AMENDED BY P.L.221-2005, 23 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2024]: Sec. 9. The state chairman chairperson of the political 25 party holding a state convention shall appoint an inspector and two (2) 26 poll clerks to attend each voting system at the convention. Each 27 candidate may have one (1) watcher at each voting system to check the 28 voting system before and after each ballot and to check the work of any 29 election officer. The inspector and poll clerks: 30 (1) shall take an oath to perform their duties faithfully and to the 31 best of their abilities before anyone entitled to administer an oath; 32 (2) must be qualified in relationship to candidates in the same 33 manner as precinct election officers under IC 3-6-6-7; and 34 (3) are subject to the same penalties as precinct election officers. 35 SECTION 97. IC 3-8-5-3 IS AMENDED TO READ AS FOLLOWS 36 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each of the major political 37 parties of the state shall have a committee in a town subject to this 38 chapter known as the __________ town committee of the town of 39 ____________ (designating the name of the party and the town). 40 (b) A political party's town committee consists of the following 41 individuals: 42 (1) A registered voter of the town appointed by the political 2024 IN 1267—LS 6912/DI 92 43 1 party's county chairman chairperson of the county containing the 2 greatest percentage of the population of the town. The individual 3 appointed under this subdivision is the chairman chairperson of 4 the town committee. The county chairman chairperson may not 5 appoint an individual who holds a town office for the town. 6 (2) A registered voter of the town appointed by the political 7 party's town chairman. chairperson. The individual appointed 8 under this subdivision is the secretary of the town committee. 9 (c) A member of a town committee serves until the member's 10 successor is appointed and qualified. 11 (d) A member of the town committee serves at the pleasure of the 12 appointing authority of the member. 13 (e) The individual who is town chairman chairperson vacates the 14 office whenever the individual becomes a candidate for a town office 15 of the town. 16 (f) A vacancy on the town committee shall be filled by the 17 appointing authority of the member who vacated the committee. 18 SECTION 98. IC 3-8-5-10, AS AMENDED BY P.L.225-2011, 19 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 10. (a) If more than one (1) candidate from the 21 same political party files a declaration of candidacy for the same office, 22 that political party shall conduct: 23 (1) a town convention under this chapter; or 24 (2) a primary election; 25 to choose the nominee of that party for that office as provided in the 26 ordinance adopted under section 2 of this chapter. 27 (b) If a town convention is required under subsection (a), the town 28 chairman chairperson shall organize, conduct, and issue a call for a 29 town convention to be held in the town, or, if there is no suitable 30 location in the town, then either at the nearest available location within 31 any county in which the town is located or at the county seat of any 32 county in which the town is located. 33 (c) The convention must be held not later than August 21 in each 34 year in which a municipal election is to be held. The purpose of the 35 convention is to select the nominees for all town offices to be elected 36 at the next municipal election and for which more than one (1) 37 declaration of candidacy has been filed. 38 (d) The chairman chairperson shall file a notice of the call with the 39 circuit court clerk of the county containing the greatest percentage of 40 population of the town. The chairman chairperson shall also have 41 notice of the call posted at least three (3) days in three (3) prominent 42 public places in the town, including the office of the clerk-treasurer. 2024 IN 1267—LS 6912/DI 92 44 1 The notice must state the time, place, and purpose of the convention. 2 (e) If the county chairman chairperson determines that an 3 emergency requires the rescheduling of a town convention after notice 4 has been given under subsection (d), the chairman chairperson shall 5 promptly file a notice in the office of the county election board and in 6 the office of the town clerk-treasurer stating the date, time, and place 7 of the rescheduled convention. 8 SECTION 99. IC 3-8-5-10.5, AS AMENDED BY P.L.227-2023, 9 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 10.5. (a) A person who desires to be nominated 11 for a town office by a major political party must file a declaration of 12 candidacy with the circuit court clerk of the county containing the 13 greatest percentage of population of the town. 14 (b) A declaration of candidacy must be filed: 15 (1) not earlier than the first date that a declaration of candidacy 16 for a primary election may be filed under IC 3-8-2-4; and 17 (2) not later than: 18 (A) noon August 1 before a municipal election if the town 19 nominates its candidates by convention; and 20 (B) the date that a declaration of candidacy must be filed under 21 IC 3-8-2-4 if the town nominates its candidates by a primary 22 election. 23 (c) The declaration must be subscribed and sworn to (or affirmed) 24 before a notary public or other person authorized to administer oaths. 25 (d) The declaration of each candidate required by this section must 26 certify the following information: 27 (1) The candidate's name, printed or typewritten as: 28 (A) the candidate wants the candidate's name to appear on the 29 ballot; and 30 (B) the candidate's name is permitted to appear on the ballot 31 under IC 3-5-7. 32 A candidate must specify, by a designation described in 33 IC 3-5-7-5, each designation that the candidate wants to use that 34 is permitted by IC 3-5-7. 35 (2) That the candidate is a registered voter and the location of the 36 candidate's precinct and township (or the ward, if applicable, and 37 town), county, and state. 38 (3) The candidate's complete residence address and the 39 candidate's mailing address if the mailing address is different 40 from the residence address. 41 (4) The majority party candidate's party affiliation and the office 42 to which the candidate seeks nomination, including the district 2024 IN 1267—LS 6912/DI 92 45 1 designation if the candidate is seeking a town legislative body 2 seat. For purposes of this subdivision, a candidate is considered 3 to be affiliated with a political party only if one (1) of the 4 following applies: 5 (A) The two (2) most recent primary elections in Indiana in 6 which the candidate voted were both primary elections held by 7 the party with which the candidate claims affiliation. If the 8 candidate cast a nonpartisan ballot at an election held at either 9 of the two (2) most recent primary elections in which the 10 candidate voted, a certification by the county chairman 11 chairperson under clause (B) is required. 12 (B) The county chairman chairperson of: 13 (i) the political party with which the candidate claims 14 affiliation; and 15 (ii) the county in which the candidate resides; 16 certifies in writing that the candidate is a member of the 17 political party. 18 The declaration of candidacy must inform a candidate how party 19 affiliation is determined under this subdivision and permit the 20 candidate to indicate on the declaration of candidacy whether 21 clause (A) or (B) applies to the candidate. If a candidate claims 22 party affiliation under clause (B), the candidate must attach to the 23 candidate's declaration of candidacy the written certification of 24 the county chairman chairperson required by clause (B). 25 (5) That the candidate complies with all requirements under the 26 laws of Indiana to be a candidate for the above named office, 27 including any applicable residency requirements, and is not 28 ineligible to be a candidate due to a criminal conviction that 29 would prohibit the candidate from serving in the office. 30 (6) That the candidate has attached either of the following to the 31 declaration: 32 (A) A copy of a statement of economic interests, file stamped 33 by the office required to receive the statement of economic 34 interests. 35 (B) A receipt or photocopy of a receipt showing that a 36 statement of economic interests has been filed. 37 (7) That the candidate understands that if the candidate is elected 38 to the office, the candidate may be required to obtain and file an 39 individual surety bond before serving in the office. 40 (8) That the candidate understands that if the candidate is elected 41 to the office, the candidate may be required to successfully 42 complete training or have attained certification related to service 2024 IN 1267—LS 6912/DI 92 46 1 in an elected office. 2 (9) That the candidate: 3 (A) is aware of the provisions of IC 3-9 regarding campaign 4 finance and the reporting of campaign contributions and 5 expenditures; and 6 (B) agrees to comply with the provisions of IC 3-9. 7 (10) A statement indicating whether or not the candidate: 8 (A) has been a candidate for state, legislative, local, or school 9 board office in a previous primary, municipal, special, or 10 general election; and 11 (B) has filed all reports required by IC 3-9-5-10 for all 12 previous candidacies. 13 (11) The candidate's signature. 14 (e) This subsection does not apply to a town whose municipal 15 election is to be conducted by a county. Immediately after the deadline 16 for filing, the circuit court clerk shall do all of the following: 17 (1) Certify to the town clerk-treasurer and release to the public a 18 list of the candidates of each political party for each office. The 19 list shall indicate any candidates of a political party nominated for 20 an office under this chapter because of the failure of any other 21 candidates of that political party to file a declaration of candidacy 22 for that office. 23 (2) Post a copy of the list in a prominent place in the circuit court 24 clerk's office. 25 (3) File a copy of each declaration of candidacy with the town 26 clerk-treasurer. 27 (f) A person who files a declaration of candidacy for an elected 28 office for which a per diem or salary is provided for by law is 29 disqualified from filing a declaration of candidacy for another office for 30 which a per diem or salary is provided for by law until the original 31 declaration is withdrawn. 32 (g) A person who files a declaration of candidacy for an elected 33 office may not file a declaration of candidacy for that office in the same 34 year as a member of a different political party until the original 35 declaration is withdrawn. 36 (h) A person who files a declaration of candidacy under this section 37 may file a written notice withdrawing the person's declaration of 38 candidacy in the same manner as the original declaration was filed, if 39 the notice of withdrawal is filed not later than: 40 (1) noon August 1 before the municipal election if the town 41 nominates its candidates by convention; and 42 (2) the date that a declaration of candidacy may be withdrawn 2024 IN 1267—LS 6912/DI 92 47 1 under IC 3-8-2-20 if the town nominates its candidates in a 2 primary election. 3 (i) A declaration of candidacy must include a statement that the 4 candidate requests the name on the candidate's voter registration record 5 be the same as the name the candidate uses on the declaration of 6 candidacy. If there is a difference between the name on the candidate's 7 declaration of candidacy and the name on the candidate's voter 8 registration record, the officer with whom the declaration of candidacy 9 is filed shall forward the information to the voter registration officer of 10 the appropriate county as required by IC 3-5-7-6(d). The voter 11 registration officer of the appropriate county shall change the name on 12 the candidate's voter registration record to be the same as the name on 13 the candidate's declaration of candidacy. 14 SECTION 100. IC 3-8-5-12, AS AMENDED BY P.L.74-2017, 15 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 12. (a) The town chairman chairperson and 17 secretary of each town political party committee shall act as chairman 18 chairperson and secretary of their respective conventions. 19 (b) As the first item of convention business, the town chairman 20 chairperson shall make the initial determination regarding which 21 individuals are eligible to vote in the town convention under section 11 22 of this chapter. If an individual objects to the determination of the 23 chairman, chairperson, the matter shall be put to the vote of all those 24 individuals whose eligibility to vote is not in dispute. 25 (c) As the second item of convention business, the town chairman 26 chairperson shall submit copies of proposed rules to the members of 27 the convention for adoption. The rules must provide for at least the 28 following: 29 (1) The voting method to be used for nominating candidates at the 30 convention. 31 (2) The method to be used for resolving tie votes. 32 (3) Any method for removing candidates from consideration by 33 the convention if no candidate receives a majority vote from all 34 voters casting a ballot at the convention. 35 (4) The rights of nonvoting observers, media, candidate watchers, 36 or others attending the convention. 37 (d) If the town chairman chairperson of the political party 38 committee is unable or unwilling to act as chairman chairperson of the 39 convention, the secretary acts as chairman chairperson until the 40 convention elects a chairman chairperson of the convention from 41 among the voters attending the convention. If the town secretary of the 42 political party committee is unable or unwilling to act as secretary of 2024 IN 1267—LS 6912/DI 92 48 1 the convention, the convention shall elect a secretary of the convention 2 from among the voters attending the convention. 3 (e) After adoption of the convention rules, the convention may 4 proceed to vote on the candidates to be nominated. The candidates for 5 town offices must be nominated by a majority of the voters present and 6 voting. If more than one (1) person may be elected to an at-large town 7 council seat, the convention shall determine the total votes received by 8 each candidate for an at-large town council seat. The candidates who 9 receive the highest number of votes, up to the total number to be 10 elected, are the nominees of the convention. 11 (f) The town convention may recess and reconvene if a majority of 12 eligible voters at the convention adopt a motion to recess and 13 reconvene. The motion must state the date, time, and location of the 14 reconvening of the convention. However, a convention may not 15 reconvene on a date following the final date permitted for a convention 16 to be convened under section 10 of this chapter. 17 SECTION 101. IC 3-8-5-13, AS AMENDED BY P.L.227-2023, 18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 13. (a) The chairman chairperson and secretary 20 of a town convention shall execute a certificate of nomination in 21 writing, setting out the following: 22 (1) The name of each nominee as: 23 (A) the nominee wants the nominee's name to appear on the 24 ballot; and 25 (B) the nominee's name is permitted to appear on the ballot 26 under IC 3-5-7. 27 The certificate must specify, by a designation described in 28 IC 3-5-7-5, each designation that the nominee wants to use that is 29 permitted by IC 3-5-7. 30 (2) The residence address of each nominee. 31 (3) The office for which each nominee was nominated. 32 (4) That each nominee is legally qualified to hold office. 33 (b) Both the chairman chairperson and secretary shall acknowledge 34 the certificate before an officer authorized to take acknowledgment of 35 deeds. 36 (c) The certificate must be filed with the circuit court clerk of the 37 county having the greatest percentage of the population of the town. 38 (d) The certificate must be filed with the circuit court clerk no later 39 than noon August 28 before the municipal election. 40 (e) The circuit court clerk shall file a copy of each certificate with 41 the town clerk-treasurer no later than noon September 4. 42 SECTION 102. IC 3-8-5-17, AS AMENDED BY P.L.227-2023, 2024 IN 1267—LS 6912/DI 92 49 1 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 17. (a) This section applies to a political party: 3 (1) not qualified to conduct a primary election under IC 3-10; and 4 (2) not required to nominate candidates by a petition of 5 nomination under IC 3-8-6. 6 (b) An individual who desires to be nominated for a town office by 7 the political party must file a declaration of candidacy in the same 8 manner as a candidate for nomination by a major political party under 9 section 10.5 of this chapter. If a convention would be required for the 10 political party under section 10 of this chapter, the political party shall 11 conduct a convention to nominate candidates for town office not later 12 than the date for conducting a major party town convention under 13 section 10 of this chapter. 14 (c) The chairman chairperson and secretary of the town convention 15 shall execute, acknowledge, and file a certificate setting forth the 16 nominees of the convention in accordance with section 13 of this 17 chapter. 18 (d) Each candidate nominated under this section shall execute a 19 consent to the nomination in the same form as a candidate nominated 20 by petition under IC 3-8-6. The consent must be filed with the 21 certificate under subsection (c). An individual who wishes to withdraw 22 as a candidate after nomination by the convention must do so in the 23 manner prescribed by section 14.5 of this chapter. 24 (e) The circuit court clerk shall file a copy of each certificate and 25 each candidate's consent with the town clerk-treasurer in accordance 26 with section 13 of this chapter. 27 (f) A candidate's consent to the nomination must include a statement 28 that the candidate requests the name on the candidate's voter 29 registration record be the same as the name the candidate uses on the 30 declaration of candidacy. If there is a difference between the name on 31 the candidate's consent to the nomination and the name on the 32 candidate's voter registration record, the officer with whom the consent 33 to the nomination is filed shall forward the information to the voter 34 registration officer of the appropriate county as required by 35 IC 3-5-7-6(d). The voter registration officer of the appropriate county 36 shall change the name on the candidate's voter registration record to be 37 the same as the name on the candidate's consent to the nomination. 38 SECTION 103. IC 3-8-6-16, AS AMENDED BY P.L.84-2016, 39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 16. (a) This section applies if a person: 41 (1) files a petition of nomination under this chapter; 42 (2) moves from the election district that the person sought to 2024 IN 1267—LS 6912/DI 92 50 1 represent following the filing of the petition of nomination; 2 (3) does not file a notice of withdrawal of candidacy under section 3 13.5 of this chapter; and 4 (4) is no longer an active candidate. 5 (b) The county chairman chairperson of any political party on the 6 ballot in the election district or a candidate for the office sought by the 7 person described in subsection (a) may, upon determining that this 8 section applies, file an action in the circuit court, superior court, or 9 probate court in the county where the person described in subsection 10 (a) resided. The complaint in this action must: 11 (1) state that this section applies to the person; 12 (2) name the person described in subsection (a) and the public 13 official responsible for placing that person's name on the ballot as 14 defendants; and 15 (3) be filed no later than a notice of withdrawal could have been 16 filed under section 13.5 of this chapter. 17 (c) When a complaint is filed under subsection (b), the circuit court, 18 superior court, or probate court shall conduct a hearing and rule on the 19 petition within ten (10) days after it is filed. 20 (d) If the court finds in favor of the plaintiff, a candidate vacancy 21 occurs on the: 22 (1) general election ballot; and 23 (2) primary election ballot if no other person is: 24 (A) a member of the same political party as the person 25 described in subsection (a); and 26 (B) a candidate on the ballot for the office sought by the 27 person described in subsection (a). 28 (e) The candidate vacancy shall be filled under IC 3-13-1 if the 29 candidate represents a political party not qualified to nominate 30 candidates in a primary or by convention. 31 SECTION 104. IC 3-8-6-17, AS AMENDED BY P.L.227-2023, 32 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2024]: Sec. 17. (a) If: 34 (1) a petition of nomination contains the name of at least one (1) 35 candidate who seeks to be placed on the ballot as the candidate of 36 a political party described by section 1 of this chapter; and 37 (2) a candidate listed on the petition ceases to be a candidate after 38 the petition is circulated for signature or filed; 39 the candidate may be replaced on the petition in accordance with this 40 section. 41 (b) This subsection applies to a candidate described in subsection 42 (a) who sought a federal, state, or legislative office or a local office 2024 IN 1267—LS 6912/DI 92 51 1 described by IC 3-8-2-5. The state chairman chairperson of the 2 political party may file a written statement with the election division 3 stating the name of the substitute candidate. The statement must satisfy 4 all of the following: 5 (1) The statement must be on a form prescribed by the election 6 division. 7 (2) The statement must state the following: 8 (A) The name of the individual who ceased to be a candidate. 9 (B) The date and reason the individual ceased to be a 10 candidate. 11 (C) The name of the individual who will replace the candidate 12 as: 13 (i) the individual wants the individual's name to appear on 14 the ballot; and 15 (ii) the individual's name is permitted to appear on the ballot 16 under IC 3-5-7. 17 The substitute candidate must specify, by a designation 18 described in IC 3-5-7-5, each designation that the substitute 19 candidate wants to use that is permitted by IC 3-5-7. 20 (3) The statement must be accompanied by the following: 21 (A) The replacement candidate's consent to be nominated by 22 the petition and, if other candidates were listed on the petition, 23 the signed consent of those candidates to be the replacement. 24 (B) The former candidate's statement of withdrawal in a form 25 substantially similar to the form prescribed under IC 3-8-7-28 26 if the individual withdrew as a candidate. 27 A replacement candidate's consent to the nomination must include a 28 statement that the candidate requests the name on the candidate's voter 29 registration record be the same as the name the candidate uses on the 30 consent to the nomination. If there is a difference between the name on 31 the candidate's consent to the nomination and the name on the 32 candidate's voter registration record, the officer with whom the consent 33 to the nomination is filed shall forward the information to the voter 34 registration officer of the appropriate county as required by 35 IC 3-5-7-6(d). The voter registration officer of the appropriate county 36 shall change the name on the candidate's voter registration record to be 37 the same as the name on the candidate's consent to the nomination. 38 (c) This subsection applies to a candidate described in subsection 39 (a) who sought a local office other than a local office described by 40 IC 3-8-2-5. The county, city, or town chairman chairperson of the 41 political party may file a written statement that conforms with 42 subsection (b) with the election board conducting the election for the 2024 IN 1267—LS 6912/DI 92 52 1 local office. 2 (d) The statement required under subsection (b) or (c) must be filed 3 not later than the final date and time for the filing of a certificate of 4 candidate selection under IC 3-13-1-15(c). 5 (e) If a petition of nomination is circulated or filed by an 6 independent candidate and that individual ceases to be a candidate, 7 another candidate may not be substituted on the petition of nomination. 8 SECTION 105. IC 3-8-7-1, AS AMENDED BY P.L.194-2013, 9 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 1. (a) Subject to subsections (b) and (c), the 11 candidate of a political party receiving the highest vote for an office at 12 a primary election is the nominee of that party for that office. 13 (b) If the candidate of a political party receiving the highest vote for 14 an office at a primary election for which a declaration of candidacy 15 must be filed with the secretary of state or election division under 16 IC 3-8-2 dies before the certification of primary election results by the 17 election division, the election division shall promptly certify to the state 18 chairman chairperson of the political party that a candidate vacancy 19 exists, which may be filled by the political party under IC 3-13-1. 20 (c) If the candidate of a political party receiving the highest vote for 21 an office at a primary election for which a declaration of candidacy 22 must be filed with the circuit court clerk under IC 3-8-2 dies before the 23 certification of primary election results by the county election board, 24 the county election board shall promptly certify to the county chairman 25 chairperson of the political party that a candidate vacancy exists, 26 which may be filled by the political party under IC 3-13-1. 27 SECTION 106. IC 3-8-7-6, AS AMENDED BY P.L.64-2014, 28 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2024]: Sec. 6. (a) Not later than noon ten (10) days after the 30 certification of the canvass performed by the election division under 31 IC 3-10-1-34, the secretary of state shall furnish to the state chairman 32 chairperson of each major political party of the state a list, certified 33 under the secretary's hand and seal. 34 (b) The list described in subsection (a) must: 35 (1) contain the names of all candidates shown to be nominated by 36 the canvass of the election division conducted under 37 IC 3-10-1-34; and 38 (2) include the address of each candidate. 39 (c) No other form of certification of nomination for office is 40 necessary for an individual included on the list described by this 41 section. 42 SECTION 107. IC 3-8-7-6.5 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 53 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6.5. (a) Not later than 2 noon ten (10) days after receipt of the delegate lists from each circuit 3 court clerk under section 5 of this chapter, the secretary of state shall 4 furnish to the state chairman chairperson of each major political party 5 of the state a list of individuals elected as delegates to the convention 6 of the chairman's chairperson's political party. 7 (b) The list described under subsection (a) must: 8 (1) contain the names of all delegates elected, as certified by the 9 circuit court clerks under section 5 of this chapter; and 10 (2) include the address of each delegate. 11 (c) The delegate lists must be certified separately from the candidate 12 lists certified under section 6 of this chapter and may not contain the 13 name of an individual appointed to serve as a state convention delegate. 14 SECTION 108. IC 3-8-7-8, AS AMENDED BY P.L.227-2023, 15 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 8. (a) This section applies to a state convention 17 conducted by a political party described by IC 3-8-4-1. 18 (b) The state chairman chairperson and state secretary of the 19 political party holding the state convention shall certify each candidate 20 nominated at the convention to the secretary of state not later than noon 21 July 15 before the general election. 22 (c) The certificate must be in writing and state the following: 23 (1) The name of each candidate nominated as: 24 (A) the candidate wants the candidate's name to appear on the 25 ballot; and 26 (B) the candidate's name is permitted to appear on the ballot 27 under IC 3-5-7. 28 The certificate must specify, by a designation described in 29 IC 3-5-7-5, each designation that the candidate wants to use that 30 is permitted by IC 3-5-7. 31 (2) Each candidate's residence address. 32 (3) Whether each candidate nominated by the convention has 33 complied with IC 3-9-1-5 by filing a campaign finance statement 34 of organization. 35 (4) The following statements: 36 (A) A statement that the candidate has attached either of the 37 following to the certificate: 38 (i) A copy of a statement of economic interests, file stamped 39 by the office required to receive the statement of economic 40 interests. 41 (ii) A receipt, photocopy of a receipt, or electronic mail from 42 the office of the inspector general or judicial qualifications 2024 IN 1267—LS 6912/DI 92 54 1 commission, showing that a statement of economic interests 2 has been filed. 3 This requirement does not apply to a candidate for a federal 4 office. 5 (B) A statement that the candidate understands that if the 6 candidate is elected to the office, the candidate may be 7 required to obtain and file an individual surety bond before 8 serving in the office. This requirement does not apply to a 9 candidate for a federal office or legislative office. 10 (C) A statement that the candidate understands that if the 11 candidate is elected to the office, the candidate may be 12 required to successfully complete training or have attained 13 certification related to service in an elected office. This 14 requirement does not apply to a candidate for a federal office, 15 state office, or legislative office. 16 (D) A statement that the candidate: 17 (i) is aware of the provisions of IC 3-9 regarding campaign 18 finance and the reporting of campaign contributions and 19 expenditures; and 20 (ii) agrees to comply with the provisions of IC 3-9. 21 This requirement does not apply to a candidate for a federal 22 office. 23 The candidate must separately initial each of the statements 24 required by this subdivision. 25 (d) The election division shall prescribe the form of the certificate 26 of nomination for the offices. The election division shall provide that 27 the form of the certificate of nomination include the following 28 information: 29 (1) The dates for filing campaign finance reports under IC 3-9. 30 (2) The penalties for late filing of campaign finance reports under 31 IC 3-9. 32 (e) A certificate of nomination must include a statement that the 33 candidate requests the name on the candidate's voter registration record 34 be the same as the name the candidate uses on the certificate of 35 nomination. If there is a difference between the name on the candidate's 36 certificate of nomination and the name on the candidate's voter 37 registration record, the officer with whom the certificate of nomination 38 is filed shall forward the information to the voter registration officer of 39 the appropriate county as required by IC 3-5-7-6(d). The voter 40 registration officer of the appropriate county shall change the name on 41 the candidate's voter registration record to be the same as the name on 42 the candidate's certificate of nomination. 2024 IN 1267—LS 6912/DI 92 55 1 (f) The certificate of nomination must be signed by the state 2 chairman chairperson and state secretary of the political party holding 3 the convention, and set forth the name and residence of the chairman 4 chairperson and secretary. The chairman chairperson and secretary 5 shall acknowledge the certificate before an individual authorized to 6 administer oaths under IC 33-42-9. The signed acknowledgment must 7 be included in the certificate of nomination executed under this section. 8 SECTION 109. IC 3-8-7-10, AS AMENDED BY P.L.227-2023, 9 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 10. (a) This section applies to a county, city, or 11 town convention conducted by a political party described by 12 IC 3-8-4-1. 13 (b) A certificate of nomination by convention or primary election 14 must satisfy all of the following: 15 (1) Be in writing. 16 (2) Contain all of the following information for each person 17 nominated: 18 (A) The name of each person nominated as: 19 (i) the person wants the person's name to appear on the 20 ballot; and 21 (ii) the person's name is permitted to appear on the ballot 22 under IC 3-5-7. 23 The certificate must specify, by a designation described in 24 IC 3-5-7-5, each designation that the person nominated wants 25 to use that is permitted by IC 3-5-7. 26 (B) Each person's residence address. 27 (C) The office for which each person is nominated. 28 (3) Be signed by the chairman chairperson and secretary of the 29 county, city, or town committee, who shall also give their 30 respective places of residence and acknowledge the certificate 31 before an individual authorized to administer oaths under 32 IC 33-42-9. The signed acknowledgment must be included in the 33 certificate of nomination executed under this section. 34 SECTION 110. IC 3-8-7-11, AS AMENDED BY P.L.227-2023, 35 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsection (f), if a 37 political party has filed a statement with the election division (or any 38 of its predecessors) that the device selected by the political party be 39 used to designate the candidates of the political party on the ballot for 40 all elections throughout the state, the device must be used until: 41 (1) the device is changed in accordance with party rules; and 42 (2) a statement concerning the use of the new device is filed with 2024 IN 1267—LS 6912/DI 92 56 1 the election division. 2 (b) Except as provided in subsection (c), the device may be any 3 appropriate symbol. 4 (c) A political party may not use any of the following as a device: 5 (1) A symbol that has previously been filed by a political party 6 with the election division (or any of its predecessors). 7 (2) The coat of arms or seal of the state or of the United States. 8 (3) The national or state flag. 9 (4) Any other emblem common to the people. 10 (d) Not later than noon on the date specified under section 16 of this 11 chapter for the certification of candidates and public questions by the 12 election division, the election division shall provide each county 13 election board with a camera-ready copy of the device under which the 14 candidates of the political party or the petitioner are to be listed so that 15 ballots may be prepared using the best possible reproduction of the 16 device. 17 (e) This subsection applies to a political party whose device is not 18 filed with the election division under subsection (a) and is to be printed 19 only on ballots to identify candidates for election to a local office. Not 20 later than noon on the date specified under section 16 of this chapter 21 for the certification of candidates and public questions by the election 22 division, the chairman chairperson of the political party or the 23 petitioner of nomination shall file a camera-ready copy of the device 24 under which the candidates of the political party or the petitioner are 25 to be listed with the county election board of each county in which the 26 name of the candidate or party will be placed on the ballot. The county 27 election board shall provide the camera-ready copy of the device to the 28 town election board of a town located wholly or partially within the 29 county upon request by the town election board. 30 (f) If a copy of the device is not filed in accordance with subsection 31 (a) or (e), or unless a device is designated in accordance with section 32 26 or 27 of this chapter, the county election board or town election 33 board is not required to use any device to designate the list of 34 candidates. 35 (g) If a device is filed with the election division or an election board 36 after the commencement of printing of ballots for use at an election 37 conducted under this title, the election board responsible for printing 38 the ballots is not required to alter the ballots to include the device filed 39 under this subsection. 40 SECTION 111. IC 3-8-7-29, AS AMENDED BY P.L.84-2016, 41 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2024]: Sec. 29. (a) This section applies: 2024 IN 1267—LS 6912/DI 92 57 1 (1) if a person: 2 (A) has been certified as a candidate in a certificate of 3 nomination filed under this chapter; 4 (B) moves from the election district that the person sought to 5 represent following the filing of the certificate of nomination; 6 (C) does not file a notice of withdrawal of candidacy under 7 section 28 of this chapter; and 8 (D) is no longer an active candidate; or 9 (2) if a person is disqualified from being a candidate under 10 IC 3-8-1-5. 11 (b) The county chairman chairperson of any political party on the 12 ballot in the election district or a candidate for the office sought by the 13 person described in subsection (a) may, upon determining that this 14 section applies, file an action in the circuit court, superior court, or 15 probate court in the county where the person described in subsection 16 (a) resided. The complaint in this action must: 17 (1) state that this section applies to the person; and 18 (2) name the person described in subsection (a) and the public 19 official responsible for placing that person's name on the ballot as 20 defendants. 21 (c) When a complaint is filed under subsection (b), the circuit court, 22 superior court, or probate court shall conduct a hearing and rule on the 23 petition within ten (10) days after it is filed. 24 (d) If the court finds in favor of the plaintiff, a candidate vacancy 25 occurs on the: 26 (1) general election ballot; and 27 (2) primary election ballot if no other person is: 28 (A) a member of the same political party as the person 29 described in subsection (a); and 30 (B) a candidate on the ballot for the office sought by the 31 person described in subsection (a). 32 (e) The candidate vacancy shall be filled under IC 3-13-1 or 33 IC 3-13-2. 34 SECTION 112. IC 3-9-1-1 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as 36 provided in subsection (b), this chapter applies to candidates in all 37 elections and caucuses and to the following types of committees: 38 (1) Candidate's committees. 39 (2) Regular party committees. 40 (3) Political action committees. 41 (4) Legislative caucus committees. 42 (b) This chapter does not apply to the following: 2024 IN 1267—LS 6912/DI 92 58 1 (1) A candidate for a local office for which the compensation is 2 less than five thousand dollars ($5,000) per year unless the 3 candidate is required to file a written instrument designating a 4 principal committee under section 5.5 of this chapter. 5 (2) A candidate for school board office unless the candidate is 6 required to file a written instrument designating a principal 7 committee under section 5.5 of this chapter. 8 (3) Elections for precinct committeeman committee person or 9 delegate to a state convention. 10 (4) An auxiliary party organization. 11 SECTION 113. IC 3-9-1-2 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Each committee 13 must have a chairman chairperson and a treasurer who are ex officio 14 members of the committee. A person may not make an expenditure or 15 accept a contribution for or on behalf of a committee without the 16 authorization of its chairman chairperson or treasurer. 17 SECTION 114. IC 3-9-1-4, AS AMENDED BY P.L.169-2015, 18 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 4. A committee must include in its statement of 20 organization the following: 21 (1) The name and address of the committee. 22 (2) The purpose for which the committee is formed, unless the 23 committee is a candidate's committee that identifies a specific 24 office sought by the candidate. 25 (3) The name and address of the chairman chairperson and 26 treasurer. 27 (4) If applicable, the name, address, office sought, and political 28 party affiliation or independent status of each candidate whom the 29 committee is supporting. 30 (5) If the committee is a legislative caucus committee, political 31 action committee, or regular party committee and is supporting 32 the entire ticket of a political party, the name of the party. 33 (6) If the committee is a political action committee supporting or 34 opposing a public question, a brief statement of the question 35 supported or opposed. 36 (7) A listing of all banks, safety deposit boxes, and other 37 depositories used. 38 (8) Other information prescribed by the election division under 39 IC 3-6-4.2-12(8). 40 SECTION 115. IC 3-9-1-5 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) This section does 42 not apply to the following candidates: 2024 IN 1267—LS 6912/DI 92 59 1 (1) A candidate for a local office for which the compensation is 2 less than five thousand dollars ($5,000) per year. 3 (2) A candidate for a school board office. 4 (b) Each candidate shall have a principal committee. 5 (c) A candidate shall file a written instrument designating the name 6 of the principal committee and the names of the chairman chairperson 7 and treasurer of the committee. The written instrument must be filed 8 not later than the earliest of the following: 9 (1) Noon ten (10) days after becoming a candidate. 10 (2) Noon seven (7) days after the final date and hour for filing any 11 of the following, whichever applies to the candidate: 12 (A) A declaration of candidacy under IC 3-8-2. 13 (B) A petition of nomination under IC 3-8-6. 14 (C) A certificate of nomination under IC 3-8-7-8. 15 (D) A certificate of candidate selection under IC 3-13-1 or 16 IC 3-13-2. 17 (E) A declaration of intent to be a write-in candidate under 18 IC 3-8-2. 19 (3) The date a candidate is required to file the candidate's first 20 campaign finance report under IC 3-9-5. 21 (d) This designation may be made on the same instrument as the 22 statement of organization required from the principal committee. 23 SECTION 116. IC 3-9-1-5.5 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5.5. (a) This section 25 applies to the following candidates: 26 (1) A candidate for a local office for which the compensation is 27 less than five thousand dollars ($5,000) per year. 28 (2) A candidate for a school board office. 29 (b) A candidate shall have a principal committee. 30 (c) Not later than noon ten (10) days after either: 31 (1) the candidate receives more than five hundred dollars ($500) 32 in contributions; or 33 (2) the candidate makes more than five hundred dollars ($500) in 34 expenditures; 35 whichever occurs first, the candidate shall file a written instrument 36 designating the name of the principal committee and the names of the 37 chairman chairperson and treasurer of the committee. 38 (d) This designation may be made on the same instrument as the 39 statement of organization required from the principal committee. 40 SECTION 117. IC 3-9-1-6 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. If a candidate fails 42 to file the instrument required by section 5 or 5.5 of this chapter, the 2024 IN 1267—LS 6912/DI 92 60 1 candidate's principal committee is designated as "the 2 ____________(insert the name of the candidate) for _________ (insert 3 the title of the office sought by the candidate) committee". The 4 candidate is then both chairman chairperson and treasurer of the 5 committee. 6 SECTION 118. IC 3-9-1-7 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. A candidate may be 8 chairman, chairperson, treasurer, or both chairman chairperson and 9 treasurer of the candidate's committee. 10 SECTION 119. IC 3-9-1-12, AS AMENDED BY P.L.225-2011, 11 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 12. (a) A committee may disband at any time in 13 the manner prescribed by this section. 14 (b) The commission or a county election board may administratively 15 disband a committee in the manner prescribed by this section. 16 (c) The commission has exclusive jurisdiction to disband any of the 17 following: 18 (1) A candidate's committee for state office. 19 (2) A candidate's committee for legislative office. 20 (3) A legislative caucus committee. 21 (4) A political action committee that has filed a statement or 22 report with the election division. 23 (5) A regular party committee that has filed a statement or report 24 with the election division. 25 (d) A county election board has exclusive jurisdiction to disband 26 any of the following: 27 (1) A candidate's committee for a local office. 28 (2) A candidate's committee for a school board office. 29 (3) A political action committee that has filed a statement or 30 report with the election board, unless the political action 31 committee has also filed a report with the election division. 32 (4) A regular party committee that has filed a statement or report 33 with the election board, unless the regular party committee has 34 also filed a report with the election division. 35 (e) The commission or a county election board may administratively 36 disband a committee in the following manner: 37 (1) Not later than the last Friday of January of each year, the 38 election division or county election board shall review the list of 39 committees that have filed statements of organization with the 40 division or board under this article. 41 (2) If the election division or county election board determines 42 both of the following, the election division or county election 2024 IN 1267—LS 6912/DI 92 61 1 board may begin a proceeding before the commission or board to 2 administratively disband the committee: 3 (A) The committee has not filed any report of expenditures 4 during the previous three (3) calendar years. 5 (B) The committee last reported cash on hand in an amount 6 that does not exceed one thousand dollars ($1,000), if the 7 committee filed a report under this article. 8 (3) The election division or county election board shall provide 9 notice of the proceeding by certified mail to the last known 10 address of the chairman chairperson and treasurer of the 11 committee. 12 (4) The commission or board may issue an order administratively 13 dissolving the committee if the commission or board makes the 14 following findings: 15 (A) There is no evidence that the committee continues to 16 receive contributions, make expenditures, or otherwise 17 function as a committee. 18 (B) According to the best evidence available to the 19 commission or board, the dissolution of the committee will not 20 impair any contract or impede the collection of a debt or 21 judgment by any person. 22 (5) If the commission or board: 23 (A) administratively dissolves a committee under subdivision 24 (4); and 25 (B) finds that the prudent use of public resources makes 26 further efforts to collect any outstanding civil penalty imposed 27 against the committee wasteful or unjust; 28 the commission or board may also waive the outstanding civil 29 penalty previously imposed by the commission or board against 30 the committee. 31 (6) The election division shall arrange for the publication in the 32 Indiana Register of an order administratively disbanding a 33 committee. A county election board shall publish a notice under 34 IC 5-3-1 stating that the board has disbanded a committee under 35 this subsection. The notice must state the date of the order and the 36 name of the committee, but the board is not required to publish 37 the text of the order. 38 (7) An order issued under this subsection takes effect immediately 39 upon its adoption, unless otherwise specified in the order. 40 (f) If the chairman chairperson or treasurer of a committee wishes 41 to disband the committee, the committee must do either of the 42 following: 2024 IN 1267—LS 6912/DI 92 62 1 (1) Give written notification of the dissolution and transfer a 2 surplus of contributions less expenditures to any one (1) or a 3 combination of the following: 4 (A) One (1) or more regular party committees. 5 (B) One (1) or more candidate's committees. 6 (C) The election division. 7 (D) An organization exempt from federal income taxation 8 under Section 501 of the Internal Revenue Code. 9 (E) Contributors to the committee, on a pro rata basis. 10 (2) Use the surplus in any other manner permitted under 11 IC 3-9-3-4. 12 (g) Except as provided in subsection (e) concerning the waiver of 13 civil penalties, a dissolution or transfer of funds does not relieve the 14 committee or the committee's members from any: 15 (1) civil liability, including the liability of the committee's 16 chairman chairperson or treasurer for the payment of any debts 17 incurred by or on behalf of the committee; or 18 (2) criminal liability. 19 SECTION 120. IC 3-9-1-13 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. A treasurer of a 21 committee: 22 (1) must be a United States citizen; 23 (2) may not be the chairman chairperson of a committee except 24 in the case of a candidate under section 7 of this chapter; 25 (3) must be appointed treasurer in writing as required by section 26 14 of this chapter; and 27 (4) must file the written instrument of appointment as required by 28 section 15 of this chapter. 29 SECTION 121. IC 3-9-1-14 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The chairman 31 chairperson of a committee shall appoint or designate the treasurer of 32 the committee in a written instrument. 33 SECTION 122. IC 3-9-1-19 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) A committee 35 may remove a person appointed or designated chairman chairperson 36 or treasurer by the committee without assigning a cause. The 37 committee may also appoint or designate the successor of the removed 38 chairman chairperson or treasurer. 39 (b) Upon removal, the treasurer shall immediately account for and 40 turn over to the treasurer's successor in office the value then in the 41 treasurer's possession. 42 SECTION 123. IC 3-9-1-22 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 63 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. Disbursements may 2 be made by a voucher drawn by the chairman chairperson of a 3 committee on the treasurer and presented to the treasurer for payment. 4 The voucher must show the specific purpose for which the money is 5 being expended. 6 SECTION 124. IC 3-9-2-1 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as 8 provided in subsections (b) and (c), this chapter applies to candidates 9 in all elections and caucuses and to the following types of committees: 10 (1) Candidate's committees. 11 (2) Regular party committees. 12 (3) Political action committees. 13 (4) A legislative caucus committee. 14 (b) Sections 2 through 10 of this chapter do not apply to elections 15 for precinct committeeman committee person or delegate to a state 16 convention. 17 (c) Section 9 of this chapter applies to a candidate only if the 18 candidate is required to file a written instrument designating a principal 19 committee under IC 3-9-1-5 or IC 3-9-1-5.5. 20 (d) Sections 9 and 10 of this chapter apply to an auxiliary party 21 organization. 22 SECTION 125. IC 3-9-3-1 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as 24 provided in subsections (b) and (c), this chapter applies to candidates 25 in all elections and caucuses and to the following types of committees: 26 (1) Candidate's committees. 27 (2) Regular party committees. 28 (3) Political action committees. 29 (4) An auxiliary party organization. 30 (5) A legislative caucus committee. 31 (b) Section 4 of this chapter does not apply to candidates for federal 32 office. 33 (c) Section 2.5 of this chapter does not apply to candidates for the 34 following: 35 (1) Precinct committeeman. committee person. 36 (2) State convention delegate. 37 SECTION 126. IC 3-9-4-1 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as 39 provided in subsection (b), this chapter applies to candidates in all 40 elections and caucuses and to the following types of committees: 41 (1) Candidate's committees. 42 (2) Regular party committees. 2024 IN 1267—LS 6912/DI 92 64 1 (3) Political action committees. 2 (4) A legislative caucus committee. 3 (b) This chapter does not apply to the following: 4 (1) A candidate for a local office for which the compensation is 5 less than five thousand dollars ($5,000) per year unless the 6 candidate is required to file a written instrument designating a 7 principal committee under IC 3-9-1-5.5. 8 (2) Elections for precinct committeeman committee person or 9 delegate to a state convention. 10 (3) A candidate for a school board office unless the candidate is 11 required to file a written instrument designating a principal 12 committee under IC 3-9-1-5.5. 13 (4) An auxiliary party organization. 14 SECTION 127. IC 3-9-5-1 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Except as 16 provided in subsection (b), this chapter applies to candidates in all 17 elections and caucuses and to the following types of committees: 18 (1) Candidate's committees. 19 (2) Regular party committees. 20 (3) Political action committees. 21 (4) A legislative caucus committee. 22 (b) This chapter does not apply to the following: 23 (1) A candidate for a local office for which the compensation is 24 less than five thousand dollars ($5,000) per year unless the 25 candidate is required to file a written instrument designating a 26 principal committee under IC 3-9-1-5.5. 27 (2) A candidate for school board office unless the candidate is 28 required to file a written instrument designating a principal 29 committee under IC 3-9-1-5.5. 30 (3) Elections for precinct committeeman committee person or 31 delegate to a state convention. 32 (4) An auxiliary party organization. 33 SECTION 128. IC 3-10-1-4 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) At a primary 35 election each political party subject to section 2 of this chapter shall 36 nominate its candidates for the following offices to be voted for at the 37 general election: 38 (1) United States Senator. 39 (2) Governor. 40 (3) United States Representative. 41 (4) Legislative offices. 42 (5) Local offices. 2024 IN 1267—LS 6912/DI 92 65 1 (b) In addition, each political party subject to section 2 of this 2 chapter shall: 3 (1) vote on candidates for nomination as President of the United 4 States; 5 (2) elect delegates from each county to the party's state 6 convention; and 7 (3) elect a precinct committeeman committee person for each 8 precinct in the county if precinct committeemen committee 9 persons are to be elected under section 4.5 of this chapter. 10 SECTION 129. IC 3-10-1-4.5, AS AMENDED BY P.L.141-2023, 11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 4.5. (a) Except as provided in section 4.6 of this 13 chapter, precinct committeemen committee persons shall be elected 14 on the first Tuesday after the first Monday in May 2026, 2030, 2034, 15 2038, 2042, and every four (4) years thereafter. 16 (b) The rules of a political party may specify whether a precinct 17 committeeman committee person elected under subsection (a) 18 continues to serve as a precinct committeeman committee person after 19 the boundaries of the precinct are changed by a precinct establishment 20 order issued under IC 3-11-1.5. 21 SECTION 130. IC 3-10-1-4.6, AS AMENDED BY P.L.141-2023, 22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 JULY 1, 2024]: Sec. 4.6. (a) This section applies to precinct 24 committeemen committee persons elected by the Indiana Republican 25 Party. 26 (b) Precinct committeemen committee persons shall be elected on 27 the first Tuesday after the first Monday in May 2024, 2028, 2032, 28 2036, 2040, 2044, and every four (4) years thereafter. 29 (c) The rules of the Indiana Republican Party may specify whether 30 a precinct committeeman committee person elected under subsection 31 (b) continues to serve as a precinct committeeman committee person 32 after the boundaries of the precinct are changed by a precinct 33 establishment order issued under IC 3-11-1.5. 34 SECTION 131. IC 3-10-1-5 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever there 36 is no contest in a political party for the nomination of a candidate or 37 candidates for an office, the party may hold a primary election for that 38 nomination. The appropriate election board shall certify the names of 39 the candidates for each nomination for which there is no contest as 40 though a primary election had been held. However, except as provided 41 in subsections (b) through (c), if there is a contest in any party for any 42 nomination, the name of each candidate of each party shall be placed 2024 IN 1267—LS 6912/DI 92 66 1 on the primary election ballot, whether or not the candidate is opposed. 2 (b) If the only contest in a political party is for the election of a 3 precinct committeeman committee person or a delegate to the party's 4 state convention, the names of unopposed candidates for nomination 5 are not required to be placed on the primary election ballot unless the 6 appointed member of the county election board affiliated with the 7 political party files a written request that these names be printed on the 8 primary election ballot. 9 (c) The names of unopposed candidates for election as a precinct 10 committeeman committee person or a delegate to a political party's 11 state convention are not required to be placed on the primary election 12 ballot unless an appointed member of the county election board 13 affiliated with the political party files a written request that these names 14 be printed on the primary election ballot. 15 (d) If a party wants to conduct a primary under subsection (c), an 16 appointed member of the county election board affiliated with the party 17 must file a notice with the county election board not later than noon 18 seven (7) days after the final date for filing a declaration of candidacy, 19 stating that the party will hold a primary. 20 SECTION 132. IC 3-10-1-18, AS AMENDED BY P.L.11-2023, 21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 18. (a) Except as provided by subsection (b), the 23 names of all candidates for each office who have qualified under IC 3-8 24 shall be arranged in alphabetical order by surnames under the 25 designation of the office. 26 (b) This subsection applies to a county having a population of more 27 than four hundred thousand (400,000) and less than seven hundred 28 thousand (700,000). The names of all candidates for each office who 29 have qualified under IC 3-8, except for a school board office, precinct 30 committeeman, committee person, or state convention delegate, shall 31 be arranged in random order by surnames under the designation of the 32 office. The random order shall be determined using a lottery. The 33 lottery held in accordance with this subsection shall be conducted in 34 public by the county election board. The lottery shall be held not later 35 than fifteen (15) days following the last day for a declaration of 36 candidacy under IC 3-8-2-4. All candidates whose names are to be 37 arranged by way of the lottery shall be notified at least five (5) days 38 prior to the lottery of the time and place at which the lottery is to be 39 held. Each candidate may have one (1) designated watcher, and each 40 county political party may have one (1) designated watcher who shall 41 be allowed to observe the lottery procedure. 42 (c) For paper ballots, the left margin of the ballot for each political 2024 IN 1267—LS 6912/DI 92 67 1 party must show the name of the uppermost candidate printed to the 2 right of the number 1, the next candidate number 2, the next candidate 3 number 3, and so on, consecutively to the end of the ballot as 4 prescribed in section 19 of this chapter. If ordered by a county election 5 board or a board of elections and registration under IC 3-11-15-13.1(b), 6 a ballot number or other candidate designation uniquely associated 7 with the candidate must be displayed on the electronic voting system 8 and printed on the ballot cards. 9 (d) This subsection applies to a county having a population of more 10 than four hundred thousand (400,000) and less than seven hundred 11 thousand (700,000). If there is insufficient room on a row to list each 12 candidate of a political party, a second or subsequent row may be 13 utilized. However, a second or subsequent row may not be utilized 14 unless the first row, and all preceding rows, have been filled. 15 SECTION 133. IC 3-10-1-19, AS AMENDED BY P.L.227-2023, 16 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2024]: Sec. 19. (a) The ballot for a primary election shall be 18 printed in substantially the form described in this section for all the 19 offices for which candidates have qualified under IC 3-8. 20 (b) The following shall be printed as the heading for the ballot for 21 a political party: 22 "OFFICIAL PRIMARY BALLOT 23 _________________ Party (insert the name of the political party)". 24 (c) The following shall be printed immediately below the heading 25 required by subsection (b) or be posted in each voting booth as 26 provided in IC 3-11-2-8(b): 27 (1) For paper ballots, print: To vote for a person, make a voting 28 mark (X or U) on or in the box before the person's name in the 29 proper column. 30 (2) For optical scan ballots, print: To vote for a person, darken or 31 shade in the circle, oval, or square (or draw a line to connect the 32 arrow) that precedes the person's name in the proper column. 33 (3) For optical scan ballots that do not contain a candidate's name, 34 print: To vote for a person, darken or shade in the oval that 35 precedes the number assigned to the person's name in the proper 36 column. 37 (4) For electronic voting systems, print: To vote for a person, 38 touch the screen (or press the button) in the location indicated. 39 (d) Local public questions shall be placed on the primary election 40 ballot after the heading and the voting instructions described in 41 subsection (c) (if the instructions are printed on the ballot) and before 42 the offices described in subsection (g). 2024 IN 1267—LS 6912/DI 92 68 1 (e) The local public questions described in subsection (d) shall be 2 placed as follows: 3 (1) In a separate column on the ballot if voting is by paper ballot. 4 (2) After the heading and the voting instructions described in 5 subsection (c) (if the instructions are printed on the ballot) and 6 before the offices described in subsection (g), in the form 7 specified in IC 3-11-13-11 if voting is by ballot card. 8 (3) As provided by either of the following if voting is by an 9 electronic voting system: 10 (A) On a separate screen for a public question. 11 (B) After the heading and the voting instructions described in 12 subsection (c) (if the instructions are printed on the ballot) and 13 before the offices described in subsection (g), in the form 14 specified in IC 3-11-14-3.5. 15 (f) A public question shall be placed on the primary election ballot 16 in the following form: 17 (The explanatory text for the public question, 18 if required by law.) 19 "Shall (insert public question)?" 20 [] YES 21 [] NO 22 (g) The offices with candidates for nomination shall be placed on 23 the primary election ballot in the following order: 24 (1) Federal and state offices: 25 (A) President of the United States. 26 (B) United States Senator. 27 (C) Governor. 28 (D) United States Representative. 29 (2) Legislative offices: 30 (A) State senator. 31 (B) State representative. 32 (3) Circuit offices and county judicial offices: 33 (A) Judge of the circuit court, and unless otherwise specified 34 under IC 33, with each division separate if there is more than 35 one (1) judge of the circuit court. 36 (B) Judge of the superior court, and unless otherwise specified 37 under IC 33, with each division separate if there is more than 38 one (1) judge of the superior court. 39 (C) Judge of the probate court. 40 (D) Prosecuting attorney. 41 (E) Circuit court clerk. 42 (4) County offices: 2024 IN 1267—LS 6912/DI 92 69 1 (A) County auditor. 2 (B) County recorder. 3 (C) County treasurer. 4 (D) County sheriff. 5 (E) County coroner. 6 (F) County surveyor. 7 (G) County assessor. 8 (H) County commissioner. 9 (I) County council member. 10 (5) Township offices: 11 (A) Township assessor (only in a township referred to in 12 IC 36-6-5-1(d)). 13 (B) Township trustee. 14 (C) Township board member. 15 (D) Judge of the small claims court. 16 (E) Constable of the small claims court. 17 (6) City offices: 18 (A) Mayor. 19 (B) Clerk or clerk-treasurer. 20 (C) Judge of the city court. 21 (D) City-county council member or common council member. 22 (7) Town offices: 23 (A) Clerk-treasurer. 24 (B) Judge of the town court. 25 (C) Town council member. 26 (h) The political party offices with candidates for election shall be 27 placed on the primary election ballot in the following order after the 28 offices described in subsection (g): 29 (1) Precinct committeeman. committee person. 30 (2) State convention delegate. 31 (i) The local offices to be elected at the primary election shall be 32 placed on the primary election ballot after the offices described in 33 subsection (h). 34 (j) The offices described in subsection (i) shall be placed as follows: 35 (1) In a separate column on the ballot if voting is by paper ballot. 36 (2) After the offices described in subsection (h) in the form 37 specified in IC 3-11-13-11 if voting is by ballot card. 38 (3) Either: 39 (A) on a separate screen for each office or public question; or 40 (B) after the offices described in subsection (h) in the form 41 specified in IC 3-11-14-3.5; 42 if voting is by an electronic voting system. 2024 IN 1267—LS 6912/DI 92 70 1 (k) If no candidate has filed to run for an office on the primary ballot 2 then the county election board may print "NO CANDIDATE FILED" 3 in the place on the ballot where a candidate's name would have been 4 printed. 5 SECTION 134. IC 3-10-2-15 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) This section 7 applies to a political party whose nominee received at least two percent 8 (2%) but less than ten percent (10%) of the votes cast for secretary of 9 state at the last election for that office. 10 (b) This section applies only to a local office that is: 11 (1) not listed in IC 3-8-2-5; and 12 (2) not a municipal office subject to IC 3-8-5-17 or IC 3-10-6-12. 13 (c) A political party subject to this section shall nominate the party's 14 candidate for a local office at a county convention of the party 15 conducted not later than noon on the date specified by 16 IC 3-13-1-7(a)(1) for a major political party to act to fill a candidate 17 vacancy. 18 (d) The chairman chairperson and secretary of the convention shall 19 execute a certificate of nomination in writing, setting out the following: 20 (1) The name of each nominee as: 21 (A) the nominee wants the nominee's name to appear on the 22 ballot; and 23 (B) the nominee's name is permitted to appear on the ballot 24 under IC 3-5-7. 25 (2) The residence address of each nominee. 26 (3) The office for which each nominee was nominated. 27 (4) That each nominee is legally qualified to hold office. 28 (5) The political party device or emblem by which the ticket will 29 be designated on the ballot. 30 Both the chairman chairperson and secretary shall acknowledge the 31 certificate before an officer authorized to take acknowledgment of 32 deeds. 33 (e) Each candidate nominated under this section shall execute a 34 consent to the nomination in the same form as a candidate nominated 35 by petition under IC 3-8-6. 36 (f) The certificate required by subsection (d) and the consent 37 required by subsection (e) must be filed with the circuit court clerk of 38 the county containing the greatest percentage of population of the 39 election district for which the candidate has been nominated by the 40 convention not later than noon on the date specified by IC 3-13-1-15(c) 41 for a major political party to file a certificate of candidate selection. 42 (g) A candidate's consent to the nomination must include a 2024 IN 1267—LS 6912/DI 92 71 1 statement that the candidate requests the name on the candidate's voter 2 registration record be the same as the name the candidate uses on the 3 consent to the nomination. If there is a difference between the name on 4 the candidate's consent to the nomination and the name on the 5 candidate's voter registration record, the officer with whom the consent 6 to the nomination is filed shall forward the information to the voter 7 registration officer of the appropriate county. The voter registration 8 officer of the appropriate county shall change the name on the 9 candidate's voter registration record to be the same as the name on the 10 candidate's consent to the nomination. 11 (h) A question concerning the validity of a candidate's nomination 12 under this section shall be determined by a county election board in 13 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c). 14 (i) A nominee who wants to withdraw must file a notice of 15 withdrawal in accordance with IC 3-8-7-28. 16 SECTION 135. IC 3-10-4-5, AS AMENDED BY P.L.201-2017, 17 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 5. (a) This subsection applies to a major political 19 party and to a political party subject to IC 3-8-4-10. The state chairman 20 chairperson of each political party shall certify to the election division 21 the names of the nominees of the party for President and Vice President 22 of the United States and the state of which each nominee is a resident. 23 (b) If candidates for presidential electors and alternate presidential 24 electors are nominated by petitioners instead of by a convention of a 25 major political party or a party subject to IC 3-8-4-10, the petitioners 26 shall certify with the list of names of the presidential electors the 27 following: 28 (1) The names of their nominees for President and Vice President 29 of the United States. 30 (2) The state of which each nominee is a resident. 31 (3) The name of the political party of the nominees, or that the 32 nominees are an independent ticket. 33 (c) This subsection applies to a political party described in 34 subsection (a) and to candidates nominated by petitioners under 35 subsection (b). The names of: 36 (1) all candidates for: 37 (A) presidential electors; and 38 (B) alternate presidential electors; and 39 (2) all nominees for President and Vice President of the United 40 States; 41 shall be certified to the election division not later than noon on the 42 second Tuesday in September before the general election. The election 2024 IN 1267—LS 6912/DI 92 72 1 division shall certify to each county election board not later than noon 2 on the next following Thursday in September before the general 3 election the names of the nominees for President and Vice President of 4 the United States certified to the election division under this 5 subsection. 6 (d) The names of all candidates for presidential electors and 7 alternate presidential electors for a write-in candidate shall be included 8 on the declaration for candidacy filed by a write-in candidate for the 9 office of President or Vice President of the United States filed under 10 IC 3-8-2. 11 SECTION 136. IC 3-10-4-8, AS AMENDED BY P.L.201-2017, 12 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 8. (a) This section applies if a presidential elector: 14 (1) files the presidential elector's resignation with the governor 15 under IC 5-8-3.5; 16 (2) dies or is otherwise disqualified from holding office, and the 17 presidential elector's death or disqualification is certified to the 18 governor by the state chairman chairperson of the political party 19 of the presidential elector; 20 (3) fails to appear before 11 a.m. on the day prescribed by section 21 7 of this chapter; or 22 (4) vacates the presidential elector's office as described in section 23 9(d) of this chapter. 24 (b) If the presidential elector's alternate presidential elector is 25 present to vote, the alternate presidential elector shall fill the vacancy. 26 If the alternate presidential elector is not present, the presidential 27 electors present shall, by paper ballot and a majority vote of all those 28 present, immediately fill the vacancy upon proof of the resignation or 29 certification being provided to the presidential electors, or at 11 a.m., 30 whichever occurs first. The presidential electors must fill the vacancy 31 as follows: 32 (1) If the alternate presidential elector for the vacant office is not 33 present to vote, by choosing a presidential elector from among the 34 alternate presidential electors present. 35 (2) If the number of alternate presidential electors present is 36 insufficient to fill any vacant position under subdivision (1), by 37 electing any immediately available individual who is qualified to 38 serve as a presidential elector. 39 (c) To qualify as an alternate presidential elector under subsection 40 (b), an individual who has not executed the pledge required under 41 section 1.7 of this chapter must execute the following pledge: "I agree 42 to serve and to mark my ballots for President and Vice President 2024 IN 1267—LS 6912/DI 92 73 1 consistent with the pledge of the individual to whose presidential 2 elector position I have succeeded.". 3 (d) The election shall immediately be certified by a majority of the 4 presidential electors to the governor, who shall immediately notify the 5 individual of the individual's election by presenting the individual with 6 a commission issued under IC 4-3-1-5. 7 SECTION 137. IC 3-10-6-4 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as 9 otherwise provided in this section, all candidates for nomination to an 10 office of the municipality by a major political party must be placed on 11 a primary election ballot for the candidate's party. 12 (b) If no candidate has filed for the nomination of a party to any 13 office of the municipality, the party may not hold a primary election in 14 the municipality. 15 (c) Whenever there is no contest in a political party for the 16 nomination of a candidate or candidates for an office, but at least one 17 (1) candidate has filed for the nomination by that political party, the 18 party may hold a primary election for that nomination. 19 (d) If a party wants to conduct a primary under subsection (c), the 20 county chairman chairperson of the party must file a notice with the 21 county election board not later than noon seven (7) days after the final 22 date for filing a declaration of candidacy, stating that the party will 23 hold a primary. 24 (e) The county election board of the county in which the greatest 25 percentage of the population of the municipality is located shall certify 26 the names of the candidates for each nomination for which there is no 27 contest as though a primary election had been held. 28 (f) If: 29 (1) there is a contest in an election district comprising all or part 30 of a municipality in any party for a nomination for an office; or 31 (2) a party has decided to hold a primary election for an office 32 under subsection (c); 33 the name of each candidate of the political party within the election 34 district shall be placed on the primary election ballot for the election 35 district, whether or not the candidate is opposed. 36 (g) This subsection applies when: 37 (1) there is a contest for nomination by a major political party for 38 at least one (1) of the municipality's legislative body members; 39 (2) only the voters who reside in a legislative body district are 40 eligible to vote in the primary election for the political party's 41 nomination of the legislative body member; and 42 (3) there is no contest for nomination to an office to be voted on 2024 IN 1267—LS 6912/DI 92 74 1 by all voters of the political party of the municipality. 2 The county election board may, by unanimous vote of the entire 3 membership of the board, adopt a resolution providing that a primary 4 election for the party will be held only in the legislative body election 5 districts in which voters will nominate candidates under subdivision 6 (2). The names of unopposed candidates for the party's nomination for 7 an office to be voted on by all voters of the municipality may not be 8 placed on the ballot used within the election districts for the 9 nomination of candidates under this subsection. 10 (h) If: 11 (1) there is no contest in an election district in any party for a 12 nomination for an office; and 13 (2) no party has decided to hold a primary election for any office 14 under subsection (c); 15 a primary election may not be held for any municipal office in the 16 election district. 17 SECTION 138. IC 3-10-6-12, AS AMENDED BY P.L.227-2023, 18 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 12. (a) This section applies to a political party: 20 (1) not qualified to conduct a primary election under IC 3-10; and 21 (2) not required to nominate candidates by a petition of 22 nomination under IC 3-8-6. 23 (b) The political party may conduct a convention to nominate 24 candidates for city or town office not later than noon on the date 25 specified by IC 3-13-1-7(a)(1) for a major political party to act to fill 26 a candidate vacancy. 27 (c) The chairman chairperson and secretary of the convention shall 28 execute and acknowledge a certificate setting forth the nominees of the 29 convention in accordance with IC 3-8-5-13. The certificate must be 30 filed with the circuit court clerk of the county containing the greatest 31 percentage of population of the municipality not later than noon on the 32 date specified by IC 3-13-1-15(c) for a major political party to file a 33 certificate of candidate selection. 34 (d) Each candidate nominated under this section shall execute a 35 consent to the nomination in the same form as a candidate nominated 36 by petition under IC 3-8-6. The consent must be filed with the 37 certificate under subsection (c). 38 (e) A candidate's consent to the nomination must include a 39 statement that the candidate requests the name on the candidate's voter 40 registration record be the same as the name the candidate uses on the 41 consent to the nomination. If there is a difference between the name on 42 the candidate's consent to the nomination and the name on the 2024 IN 1267—LS 6912/DI 92 75 1 candidate's voter registration record, the officer with whom the consent 2 to the nomination is filed shall forward the information to the voter 3 registration officer of the appropriate county as required by 4 IC 3-5-7-6(d). The voter registration officer of the appropriate county 5 shall change the name on the candidate's voter registration record to be 6 the same as the name on the candidate's consent to the nomination. 7 (f) A question concerning the validity of a candidate's nomination 8 under this section shall be determined by a county election board in 9 accordance with IC 3-13-1-16.5(b) and IC 3-13-1-16.5(c). 10 (g) A nominee who wants to withdraw must file a notice of 11 withdrawal in accordance with IC 3-8-7-28. 12 SECTION 139. IC 3-10-7-1.5 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. As used in this 14 chapter, "appointed member" refers to the member of a town election 15 board who is also the town chairman chairperson of a major political 16 party appointed under IC 3-8-5-3. 17 SECTION 140. IC 3-10-7-7, AS AMENDED BY P.L.169-2015, 18 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 7. If a town election board is established under 20 section 5.5 of this chapter, the town election board consists of the 21 following three (3) members: 22 (1) The town chairman chairperson of each of the major political 23 parties appointed under IC 3-8-5-3. 24 (2) The town clerk-treasurer. 25 SECTION 141. IC 3-10-7-11 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The members of a 27 town election board shall select one (1) of the appointed members to 28 serve as chairman. chairperson. The town clerk-treasurer shall serve 29 as secretary of the board. 30 SECTION 142. IC 3-10-7-12 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. A town election 32 board shall hold meetings on call of the chairman chairperson 33 whenever necessary to perform its duties. If the chairman chairperson 34 refuses, fails, or is unable to call a meeting, the two (2) remaining 35 members may meet to perform the duties of the board. 36 SECTION 143. IC 3-10-7-15 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) A town election 38 board may appoint and at its pleasure remove deputy election 39 commissioners. A deputy election commissioner appointed under this 40 section must reside in the town of the election board that appointed the 41 deputy commissioner. If a deputy election commissioner ceases to be 42 a resident of the town of the election board that appointed the deputy 2024 IN 1267—LS 6912/DI 92 76 1 election commissioner, the person may not continue to serve as a 2 deputy election commissioner of the town. 3 (b) The county chairman chairperson of each major political party 4 who appointed the chairman chairperson of that political party's town 5 committee under IC 3-8-5-3 shall designate one-half (1/2) of the deputy 6 commissioners. Deputy election commissioners may assist the town 7 election board in carrying out its duties in accordance with the rules 8 adopted by the board. 9 SECTION 144. IC 3-10-8-6, AS AMENDED BY P.L.230-2005, 10 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 6. (a) Except as provided in subsection (b) or (c), 12 if a special election is held at a time other than the time of a general 13 election, the election shall be held in accordance with this title. Each 14 county election board and other local public official who is required to 15 perform any duties in connection with a general election shall perform 16 the same duties for the special election, subject to the same provisions 17 and penalties as for a general election. 18 (b) If a special election is held: 19 (1) under a court order under IC 3-12-8; or 20 (2) for a local public question; 21 the county election board may provide that several precincts may vote 22 in the special election at the same polling place, if the county election 23 board finds by unanimous vote of the entire membership of the board 24 that the consolidation of polling places will not result in undue 25 inconvenience to voters. 26 (c) If a special election is held: 27 (1) under a court order under IC 3-12-8 for a school board office; 28 or 29 (2) for a local public question; 30 the county election board may by unanimous vote of the entire 31 membership of the board adopt a resolution to provide that each 32 precinct election board will include only one (1) inspector and one (1) 33 judge, and that only one (1) sheriff and one (1) poll clerk may be 34 nominated as precinct election officers. If the board has adopted a 35 resolution under subsection (b), a resolution adopted under this 36 subsection may also provide for more than one (1) precinct to be served 37 by the same precinct election board. A resolution adopted under this 38 subsection may not be rescinded by the county election board and 39 expires the day after the special election is conducted. 40 (d) The following procedures apply if a county election board adopts 41 a resolution under subsection (c): 42 (1) The inspector shall be nominated by the county chairman 2024 IN 1267—LS 6912/DI 92 77 1 chairperson entitled to nominate an inspector under IC 3-6-6-8. 2 (2) The judge shall act as a clerk whenever this title requires that 3 two (2) clerks perform a duty. 4 (3) The poll clerk shall act as a judge whenever this title requires 5 that two (2) judges perform a duty. 6 (4) If a precinct election board administers more than one (1) 7 precinct, the board shall keep the ballots cast in each precinct 8 separate from ballots cast in any other precinct, so that the votes 9 cast for each candidate and on each public question in each of the 10 precincts administered by the board may be determined. 11 SECTION 145. IC 3-11-2-2.1, AS AMENDED BY P.L.193-2021, 12 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 2.1. (a) Each county election board shall have the: 14 (1) names of all candidates for election to offices or retention in 15 offices; and 16 (2) state and local public questions; 17 in election districts wholly or partially within the county printed on a 18 ballot as provided in this chapter. The county may print all offices on 19 a single ballot under this section. 20 (b) Before a county election board orders the printing of a ballot, the 21 board must provide written notice that proofs of the ballot are available 22 for inspection not later than sixty-seven (67) days before the date of the 23 election to each of the following: 24 (1) The county chairman chairperson of each major political 25 party with a candidate's name appearing on the ballot. 26 (2) The county chairman, chairperson, if any, of any other 27 political party with a candidate's name appearing on the ballot. 28 (3) The superintendent of each school corporation with the name 29 of a candidate for school board office or a local public question 30 concerning the school corporation appearing on the ballot. 31 After sixty (60) days before the date of the election, the ballot is 32 considered approved and eligible for printing. 33 SECTION 146. IC 3-11-8-15, AS AMENDED BY P.L.227-2023, 34 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 15. (a) Only the following persons are permitted 36 in the polls during an election: 37 (1) Members of a precinct election board. 38 (2) Poll clerks and assistant poll clerks. 39 (3) Election sheriffs. 40 (4) Deputy election commissioners. 41 (5) Pollbook holders and challengers. 42 (6) Watchers. 2024 IN 1267—LS 6912/DI 92 78 1 (7) Voters for the purposes of voting. 2 (8) Minor children accompanying voters as provided under 3 IC 3-11-11-8. 4 (9) An assistant to a precinct election officer appointed under 5 IC 3-6-6-39. 6 (10) An individual authorized to assist a voter in accordance with 7 IC 3-11-9. 8 (11) A member of a county election board, acting on behalf of the 9 board. 10 (12) A technician authorized to act on behalf of a county election 11 board to repair a voting system (if the technician bears credentials 12 signed by each member of the board). 13 (13) Either of the following who have been issued credentials 14 signed by the members of the county election board: 15 (A) The county chairman chairperson of a political party. 16 (B) The county vice chairman chairperson of a political party. 17 However, a county chairman chairperson or a county vice 18 chairman chairperson who is a candidate for nomination or 19 election to office at the election may not enter the polls under this 20 subdivision. 21 (14) The secretary of state, as chief election officer of the state, 22 unless the individual serving as secretary of state is a candidate 23 for nomination or election to an office at the election. 24 (b) Except for an individual described in subsection (a)(8) or 25 (a)(10), an individual must be a citizen of the United States to be 26 permitted in the polls during an election. 27 (c) The secretary of state may exempt an individual from the 28 requirement to be a United States citizen. 29 (d) This subsection applies to a simulated election for minors 30 conducted with the authorization of the county election board. An 31 individual participating in the simulated election may be in the polls for 32 the purpose of voting. A person supervising the simulated election may 33 be in the polls to perform the supervision. 34 (e) The inspector of a precinct has authority over all simulated 35 election activities conducted under subsection (d) and shall ensure that 36 the simulated election activities do not interfere with the election 37 conducted in that polling place. 38 SECTION 147. IC 3-11-8-25.1, AS AMENDED BY P.L.157-2019, 39 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 25.1. (a) Except as provided in subsection (e), a 41 voter who desires to vote an official ballot at an election shall provide 42 proof of identification. 2024 IN 1267—LS 6912/DI 92 79 1 (b) Except as provided in subsection (e), before the voter proceeds 2 to vote in the election, a precinct election officer shall ask the voter to 3 provide proof of identification. One (1) of each of the precinct election 4 officers nominated by each county chairman chairperson of a major 5 political party of the county under IC 3-6-6-8 or IC 3-6-6-9 is entitled 6 to ask the voter to provide proof of identification. The voter shall 7 produce the proof of identification to each precinct officer requesting 8 the proof of identification before being permitted to sign the poll list. 9 (c) If: 10 (1) the voter is unable or declines to present the proof of 11 identification; or 12 (2) a member of the precinct election board determines that the 13 proof of identification provided by the voter does not qualify as 14 proof of identification under IC 3-5-2-40.5; 15 a member of the precinct election board shall challenge the voter as 16 prescribed by this chapter. 17 (d) If the voter executes a challenged voter's affidavit under section 18 22.1 of this chapter, the voter shall: 19 (1) sign the poll list; and 20 (2) receive a provisional ballot. 21 (e) A voter who votes in person at a precinct polling place, vote 22 center, or satellite office established under IC 3-11-10-26.3 that is 23 located at a state licensed care facility where the voter resides is not 24 required to provide proof of identification before voting in an election. 25 (f) After a voter has passed the challengers or has been sworn in, the 26 voter shall be instructed by a member of the precinct election board to 27 proceed to the location where the poll clerks are stationed. In a vote 28 center county using an electronic poll list, two (2) election officers who 29 are not members of the same political party must be present when a 30 voter signs in on the electronic poll list. The voter shall announce the 31 voter's name to the poll clerks or assistant poll clerks. A poll clerk, an 32 assistant poll clerk, or a member of the precinct election board shall 33 require the voter to write the following on the poll list or to provide the 34 following information for entry into the electronic poll list: 35 (1) The voter's name. 36 (2) Except as provided in subsection (k), the voter's current 37 residence address. 38 (g) The poll clerk, an assistant poll clerk, or a member of the 39 precinct election board shall: 40 (1) ask the voter to provide or update the voter's voter 41 identification number; 42 (2) tell the voter the number the voter may use as a voter 2024 IN 1267—LS 6912/DI 92 80 1 identification number; and 2 (3) explain to the voter that the voter is not required to provide or 3 update a voter identification number at the polls. 4 (h) The poll clerk, an assistant poll clerk, or a member of the 5 precinct election board shall ask the voter to provide proof of 6 identification. 7 (i) In case of doubt concerning a voter's identity, the precinct 8 election board shall compare the voter's signature with the signature on 9 the voter's registration record provided by the county voter registration 10 office under IC 3-7-29. If the board determines that the voter's 11 signature is authentic, the voter may then vote. If either poll clerk 12 doubts the voter's identity following comparison of the signatures, the 13 poll clerk shall challenge the voter in the manner prescribed by section 14 21 of this chapter. 15 (j) If: 16 (1) the poll clerk does not execute a challenger's affidavit; or 17 (2) the voter executes a challenged voter's affidavit under section 18 22.1 of this chapter or executed the affidavit before signing the 19 poll list; 20 the voter may then vote. 21 (k) The electronic poll book (or each line on a poll list sheet 22 provided to take a voter's current address) must include a box under the 23 heading "Address Unchanged". A voter whose address is unchanged 24 shall check the box instead of writing the voter's current address on the 25 poll list, or if an electronic poll book is used, the poll clerk shall check 26 the box after stating to the voter the address shown on the electronic 27 poll book and receiving an oral affirmation from the voter that the 28 voter's residence address shown on the poll list is the voter's current 29 residence address instead of writing the voter's current residence 30 address on the poll list or reentering the address in the electronic poll 31 book. 32 (l) If the voter indicates that the voter's current residence is located 33 within another county in Indiana, the voter is considered to have 34 directed the county voter registration office of the county where the 35 precinct is located to cancel the voter registration record within the 36 county. The precinct election board shall provide the voter with a voter 37 registration application for the voter to complete and file with the 38 county voter registration office of the county where the voter's current 39 residence address is located. 40 (m) If the voter indicates that the voter's current residence is located 41 outside Indiana, the voter is considered to have directed the county 42 voter registration office of the county where the precinct is located to 2024 IN 1267—LS 6912/DI 92 81 1 cancel the voter registration record within the county. 2 SECTION 148. IC 3-11-13-26.5 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26.5. (a) Each county 4 election board may make available at convenient places throughout the 5 county ballot card voting systems for the instruction of the voters. The 6 board shall locate the systems at places where people usually assemble, 7 such as shopping centers. The board shall have the systems attended at 8 convenient hours designated by the board by persons able to instruct 9 others in their use. The county chairmen chairpersons of the major 10 political parties of the state must approve the persons attending the 11 systems under this section. 12 (b) Each ballot card voting system used for instructional purposes 13 must contain the names of all candidates and a description of all public 14 questions as they will appear on the official sample ballot for the 15 system on election day. However, the system may not be set to record 16 a tally or total. 17 SECTION 149. IC 3-11-13-38 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 38. Each county 19 chairman chairperson for either of the major parties in the county may 20 petition the county election board for confirmation of the vote cast on 21 a ballot card voting system no earlier than the Saturday before an 22 election and no later than the Thursday after an election. The petition 23 may specify not more than five percent (5%) of the precincts or five (5) 24 precincts, whichever is greater, in which a ballot card voting system 25 was used for an audit under section 37 of this chapter. 26 SECTION 150. IC 3-11-13-44 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 44. (a) The county 28 chairman chairperson of each major political party of the county may 29 appoint one (1) person to observe: 30 (1) the ordering and the setting and adjustment of automatic 31 tabulating machines under section 6 of this chapter; 32 (2) the testing of automatic tabulating machines under section 22 33 of this chapter; and 34 (3) the determination of the cause of and correction of errors in 35 the counting of ballot cards under section 25 of this chapter. 36 (b) The county chairman chairperson shall file the name of a 37 person appointed under this section with the circuit court clerk. 38 (c) A person appointed under this section serves until: 39 (1) the county chairman chairperson notifies the circuit court 40 clerk that the person's appointment has been revoked; 41 (2) the county chairman chairperson notifies the clerk that the 42 person has died; or 2024 IN 1267—LS 6912/DI 92 82 1 (3) the person files a letter of resignation with the clerk. 2 (d) A person appointed under subsection (a): 3 (1) may attend the ordering and the setting and the adjustment of 4 the automatic tabulating machines only as a witness; 5 (2) shall remain silent and subject to the orders of the board; and 6 (3) may not obstruct or interfere with the ordering and setting and 7 adjustment of the automatic tabulating machines. 8 (e) A person appointed under subsection (a) is not entitled to 9 compensation for services except from the political party of the county 10 chairman chairperson making the appointment. 11 SECTION 151. IC 3-11-14-8, AS AMENDED BY P.L.11-2023, 12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 8. (a) Each county election board may make 14 available at convenient places throughout the county electronic voting 15 systems for the instruction of the voters. The board shall locate the 16 systems at places where people usually assemble, such as shopping 17 centers. The board shall have the systems attended at convenient hours 18 designated by the board by persons able to instruct others in their use. 19 The county chairmen chairpersons of the major political parties of the 20 state must approve the persons attending the systems under this section. 21 (b) This subsection applies to a county having a population of more 22 than four hundred thousand (400,000) and less than seven hundred 23 thousand (700,000). At least ten (10) days before an election, each 24 county election board shall duplicate, distribute, and cause to be posted 25 copies of official sample ballots prepared by the county election board 26 to schools, fire stations, county courthouses, and other public buildings 27 in the county. 28 SECTION 152. IC 3-11.5-4-22, AS AMENDED BY P.L.109-2021, 29 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 22. (a) Except as provided in subsection (b), each 31 county election board shall appoint: 32 (1) absentee voter boards; 33 (2) teams of absentee ballot counters; and 34 (3) teams of couriers; 35 consisting of two (2) voters of the county, one (1) from each of the two 36 (2) political parties that have appointed members on the county 37 election board. 38 (b) Notwithstanding subsection (a), a county election board: 39 (1) may appoint, by a unanimous vote of the board's members, 40 only one (1) absentee ballot courier if the person appointed is a 41 voter of the county; and 42 (2) shall not appoint teams of couriers, if the county: 2024 IN 1267—LS 6912/DI 92 83 1 (A) has adopted an order to use an electronic poll book under 2 IC 3-7-29-6(a)(1); or 3 (B) is a vote center county under IC 3-11-18.1. 4 (c) An otherwise qualified person is eligible to serve on an absentee 5 voter board or as an absentee ballot counter or a courier unless the 6 person: 7 (1) is unable to read, write, and speak the English language; 8 (2) has any property bet or wagered on the result of the election; 9 (3) is a candidate to be voted for at the election except as an 10 unopposed candidate for a city office, town office, township 11 office, school board office, precinct committeeman, committee 12 person, or state convention delegate; or 13 (4) is the spouse, parent, father-in-law, mother-in-law, child, 14 son-in-law, daughter-in-law, grandparent, grandchild, brother, 15 sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece 16 of a candidate or declared write-in candidate to be voted for at the 17 election except as an unopposed candidate. This subdivision 18 disqualifies a person whose relationship to the candidate is the 19 result of birth, marriage, or adoption. 20 (d) A person who is a candidate to be voted for at the election or 21 who is related to a candidate in a manner that would result in 22 disqualification under subsection (c) may, notwithstanding subsection 23 (c), serve as a member of an absentee voter board if: 24 (1) the candidate is seeking nomination or election to an office in 25 an election district that does not consist of the entire county; and 26 (2) the county election board restricts the duties of the person as 27 an absentee voter board member to performing functions that 28 could have no influence on the casting or counting of absentee 29 ballots within the election district. 30 SECTION 153. IC 3-11.5-4-23, AS AMENDED BY P.L.109-2021, 31 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2024]: Sec. 23. (a) Not later than noon fifty (50) days before 33 election day, each county election board shall notify the county 34 chairmen chairpersons of the two (2) political parties that have 35 appointed members on the county election board of the number of: 36 (1) absentee voter boards; 37 (2) teams of absentee ballot counters; and 38 (3) teams of couriers; 39 to be appointed under section 22 of this chapter. 40 (b) The county chairmen chairpersons shall make written 41 recommendations for the appointments to the county election board not 42 later than forty-six (46) days before election day. The county election 2024 IN 1267—LS 6912/DI 92 84 1 board shall make the appointments as recommended. 2 (c) If a county chairman chairperson fails to make any 3 recommendations, then the county election board may appoint any 4 voters of the county who comply with section 22 of this chapter. 5 (d) The county election board may permit an individual who is not 6 a voter to serve as an absentee board member, other than a member of 7 a board under IC 3-11-10-25, an absentee ballot counter, or a courier 8 if the individual: 9 (1) satisfies the requirements under IC 3-6-6-39; and 10 (2) is approved by the unanimous vote of the entire membership 11 of the county election board. 12 (e) An individual appointed to serve as an absentee board member, 13 other than the member of a board under IC 3-11-10-25, an absentee 14 ballot counter or a courier under subsection (d), while serving as an 15 absentee ballot counter or courier: 16 (1) is not required to obtain an employment certificate under 17 IC 22-2-18 (before its expiration on June 30, 2021); and 18 (2) is not subject to the limitations on time and duration of 19 employment under IC 22-2-18 (before its expiration on June 30, 20 2021) or IC 22-2-18.1. 21 (f) The county election board is not required to register as an 22 employer under IC 22-2-18.1. 23 SECTION 154. IC 3-11.7-3-2 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. An otherwise 25 qualified person is eligible to serve as a counter unless the person: 26 (1) is unable to read, write, and speak the English language; 27 (2) has any property bet or wagered on the result of the election; 28 (3) is a candidate to be voted for at the election in any part of the 29 county, except as an unopposed candidate for precinct 30 committeeman committee person or state convention delegate; 31 or 32 (4) is the spouse, parent, father-in-law, mother-in-law, child, 33 son-in-law, daughter-in-law, grandparent, grandchild, brother, 34 sister, brother-in-law, sister-in-law, uncle, aunt, nephew, or niece 35 of a candidate or declared write-in candidate to be voted for at the 36 election in any part of the county, except as an unopposed 37 candidate. This subdivision disqualifies a person whose 38 relationship to the candidate is the result of birth, marriage, or 39 adoption. 40 SECTION 155. IC 3-11.7-3-3 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Not later than noon 42 ten (10) days before an election, each county election board shall notify 2024 IN 1267—LS 6912/DI 92 85 1 the county chairmen chairpersons of the two (2) political parties that 2 have appointed members on the county election board of the number 3 of teams of counters to be appointed under this section. 4 SECTION 156. IC 3-11.7-3-4 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The county chairmen 6 chairpersons shall make written recommendations for the 7 appointments to the county election board not later than noon three (3) 8 days before the election. The county election board shall make the 9 appointments as recommended. 10 SECTION 157. IC 3-11.7-3-5 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. If a county chairman 12 chairperson fails to make any recommendations not later than the 13 deadline specified under section 4 of this chapter, the county election 14 board may appoint any voters of the county who comply with section 15 2 of this chapter. 16 SECTION 158. IC 3-12-4-4, AS AMENDED BY P.L.2-2007, 17 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 4. (a) Each county election board may employ 19 clerical assistants if necessary for the proper canvassing and tabulating 20 of the vote. However, except as provided in subsection (d), not more 21 than one-half (1/2) of the assistants employed by the board may be 22 members of the same political party. 23 (b) The county election board shall appoint the number of two (2) 24 member write-in teams that are necessary to examine and count 25 write-in votes cast on ballot card voting systems on election night. The 26 county chairmen chairpersons of the two (2) major political parties of 27 a county shall each designate one (1) member of each write-in team. 28 The write-in teams are considered employees of the county canvassing 29 board and must meet the qualifications of canvassing board employees. 30 (c) Except as provided in subsection (d), a county election board 31 may not employ a person to assist with canvassing unless the person 32 would be eligible to serve as a precinct election officer under 33 IC 3-6-6-7. 34 (d) The county election board may, by unanimous vote of the entire 35 membership of the board, employ a student to assist the board under 36 this section if the student is: 37 (1) enrolled at a postsecondary educational institution (including 38 a community college); and 39 (2) a registered voter of the county. 40 A student appointed under this subsection must serve the board in a 41 nonpartisan manner. 42 SECTION 159. IC 3-12-4-9 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 86 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This subsection 2 applies to: 3 (1) a local or school board office with an election district located 4 entirely within one (1) county, except for an office for which a 5 declaration of candidacy is filed with the election division under 6 IC 3-8-2; and 7 (2) a political party office, such as precinct committeeman 8 committee person or state convention delegate, elected at a 9 primary election. 10 After the county election board has tabulated the vote, the board shall 11 declare the candidate receiving the highest number of votes for each 12 office to be elected. 13 (b) The county election board shall tabulate the votes cast for and 14 against each local public question placed on the ballot by the county 15 election board under IC 3-10-9-2 and, if the local public question is 16 placed on the ballot only in that county, declare the public question 17 approved or rejected. 18 (c) The county election board shall tabulate the votes cast for and 19 against each public question voted on by the electorate of the whole 20 state. 21 (d) The board shall certify the election results in a statement 22 prepared by the circuit court clerk. 23 SECTION 160. IC 3-12-4-12, AS AMENDED BY P.L.76-2014, 24 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2024]: Sec. 12. After the county election board certifies the 26 election results under section 9 of this chapter, the circuit court clerk 27 shall furnish, upon request, to the county chairman chairperson of 28 each political party a copy of the statement. 29 SECTION 161. IC 3-12-5-2 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Whenever a 31 candidate is elected: 32 (1) to a local or school board office other than: 33 (A) one for which a town clerk-treasurer issues a certificate of 34 election under IC 3-10-7-34; or 35 (B) one commissioned by the governor under IC 4-3-1-5; or 36 (2) a precinct committeeman committee person or state 37 convention delegate; 38 the circuit court clerk shall, when permitted under section 16 of this 39 chapter, prepare and deliver to the candidate on demand a certificate 40 of the candidate's election. 41 (b) This subsection applies to a local or school board office 42 described in subsection (a) with an election district located in more 2024 IN 1267—LS 6912/DI 92 87 1 than one (1) county and a local public question placed on the ballot in 2 more than one (1) county. The circuit court clerk of the county that 3 contains the greatest percentage of the population of the election 4 district shall, upon demand of the candidate or a person entitled to 5 request a recount of the votes cast on a public question under 6 IC 3-12-12: 7 (1) obtain the certified statement of the votes cast for that office 8 or on that question that was prepared under IC 3-12-4-9 from the 9 circuit court clerk in each other county in which the election 10 district is located; 11 (2) tabulate the total votes cast for that office or on that question 12 as shown on the certified statement of each county in the election 13 district; and 14 (3) issue a certificate of election to the candidate when permitted 15 under section 16 of this chapter or a certificate declaring the local 16 public question approved or rejected. 17 SECTION 162. IC 3-12-6-1 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) Any candidate for 19 nomination or election to a local or school board office is entitled to 20 have the votes cast for that office recounted under this chapter. 21 (b) If a candidate who is entitled to have the votes recounted under 22 this chapter does not file a petition within the period established by 23 section 2 of this chapter, the county chairman chairperson of a 24 political party in the precinct in which the recount is desired may file 25 a petition to have the votes recounted. A county chairman chairperson 26 is entitled to have the votes recounted only in a partisan race. 27 (c) The right of recount may be exercised for one (1) or more of the 28 precincts in which votes were cast for the office. 29 SECTION 163. IC 3-12-6-1.5 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1.5. A candidate for 31 election to precinct committeeman committee person or state 32 convention delegate is entitled to have the votes cast for that office 33 recounted under this chapter. The political party of the candidate, in 34 accordance with any applicable party rules, determines the winner of 35 an election to a political party office. 36 SECTION 164. IC 3-12-6-2, AS AMENDED BY P.L.221-2005, 37 SECTION 114, IS AMENDED TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A candidate who desires a 39 recount of votes must file a verified petition no later than noon fourteen 40 (14) days after election day. 41 (b) A county chairman chairperson who is entitled to and desires 42 a recount of votes must file a verified petition not later than noon 2024 IN 1267—LS 6912/DI 92 88 1 seventeen (17) days after election day. 2 (c) The petition must be filed in the circuit or superior court of each 3 county in which is located a precinct in which the individual desires a 4 recount. 5 SECTION 165. IC 3-12-8-1, AS AMENDED BY P.L.278-2019, 6 SECTION 149, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section does not apply 8 to a challenge filed before an election to the eligibility of a candidate 9 nominated by petition for election to an office. The challenge described 10 by this subsection must be conducted in accordance with IC 3-8-1-2. 11 (b) Any candidate for nomination or election to a local or school 12 board office may contest the nomination or election of a candidate who 13 is declared nominated or elected to the office, except a candidate who: 14 (1) receives the most votes in a primary election; and 15 (2) is certified as deceased under IC 3-8-7-1. 16 (c) If a candidate who is entitled to contest the nomination or 17 election of a candidate under this chapter does not file a petition within 18 the period established by section 5 of this chapter, the county chairman 19 chairperson of a political party of which the candidate entitled to file 20 a petition under this chapter was a member may file a petition to 21 contest the nomination or election of a candidate. A county chairman 22 chairperson is entitled to contest an election under this chapter only 23 in a partisan race. 24 (d) This subsection applies to an election for a school board office. 25 If there is no candidate who is entitled to contest the election of another 26 candidate to a school board office, a voter of the school corporation 27 may file a petition to contest the election of the candidate. 28 SECTION 166. IC 3-12-8-5, AS AMENDED BY P.L.221-2005, 29 SECTION 119, IS AMENDED TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) A candidate who desires to 31 contest an election or a nomination under this chapter must file a 32 verified petition with the circuit court clerk of the county that contains 33 the greatest percentage of the population of the election district no later 34 than noon fourteen (14) days after election day. 35 (b) A county chairman chairperson who is entitled to and desires 36 to contest an election or a nomination under this chapter must file a 37 verified petition with the circuit court clerk of the county that contains 38 the greatest percentage of the population of the election district not 39 later than noon seventeen (17) days after election day. 40 (c) A petition for a contest of an election in different municipalities, 41 whether in the same court of the county or not, may not be 42 consolidated. 2024 IN 1267—LS 6912/DI 92 89 1 SECTION 167. IC 3-12-10-2.1 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) Except as 3 provided in this section, the secretary of state and the designee of the 4 state chairman chairperson of each of the major political parties of the 5 state shall serve as members of the state recount commission. 6 (b) Except as provided in this section, the secretary of state shall 7 serve as the chair of the state recount commission. 8 (c) If an election to the office of secretary of state is the subject of 9 a petition filed under IC 3-12-11, final determination of all petitions 10 filed under IC 3-12-11 relating to that election must be made before 11 January 1 after the election. 12 (d) The secretary of state may not serve on the commission if the 13 secretary of state is: 14 (1) a petitioner under IC 3-12-11; or 15 (2) named as a candidate in a petition under IC 3-12-11; 16 until the commission makes a final determination under IC 3-12-11 of 17 all related petitions in which the secretary of state is a petitioner or is 18 named. 19 (e) If the secretary of state may not serve on the commission under 20 subsection (d), the state chairman chairperson of the same major 21 political party as the secretary of state shall designate another 22 individual to serve as a member and chair of the commission. The other 23 individual must have voted in the most recent primary election of the 24 political party of the state chairman chairperson making the 25 appointment. The individual serves until the commission issues its final 26 determination of all petitions relating to the election that are described 27 in subsection (d). The secretary of state shall then resume as a member 28 and the chairman chair of the state recount commission. 29 (f) An individual who serves on the state recount commission as 30 secretary of state ceases to be a member of the commission when the 31 individual ceases to be secretary of state. 32 SECTION 168. IC 3-12-11-1, AS AMENDED BY P.L.194-2013, 33 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (d), any 35 candidate: 36 (1) in a presidential primary election; 37 (2) for nomination to a federal, state, or legislative office in a 38 primary election; or 39 (3) for a federal, state, or legislative office; 40 is entitled to have the votes cast for that office recounted or to contest 41 the nomination or election of a candidate under this chapter. A recount 42 may be conducted in one (1) or more of the precincts in which votes 2024 IN 1267—LS 6912/DI 92 90 1 were cast for the office. 2 (b) This subsection applies to an election for a federal or state 3 office. Except as provided in subsection (d), if a candidate who is 4 entitled to file a petition for a recount or contest under this chapter does 5 not file a petition within the period established by section 2 of this 6 chapter, the state chairman chairperson of the candidate's political 7 party may file a petition to: 8 (1) have the votes recounted in one (1) or more precincts; or 9 (2) contest the nomination or election of a candidate. 10 (c) This subsection applies to an election for a legislative office. 11 Except as provided in subsection (d), if a candidate who is entitled to 12 file a petition for a recount or contest under this chapter does not file 13 a petition within the period established by section 2 of this chapter, a 14 county chairman chairperson who: 15 (1) resides in a county located within the election district in which 16 the recount or contest is desired; and 17 (2) is a member of the same political party as the candidate 18 entitled to petition for a recount or contest under this chapter; 19 may file a petition to have the votes recounted in one (1) or more 20 precincts or to contest the nomination or election of a candidate. 21 (d) The nomination of a candidate in a primary election who has 22 been certified as deceased under IC 3-8-7-1 may not be contested under 23 this chapter. 24 SECTION 169. IC 3-12-11-2, AS AMENDED BY P.L.221-2005, 25 SECTION 122, IS AMENDED TO READ AS FOLLOWS 26 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A candidate who desires: 27 (1) a recount of votes cast for a nomination or election subject to 28 this chapter; or 29 (2) to contest a nomination subject to this chapter or the election 30 of a state office other than governor or lieutenant governor; 31 must file a verified petition with the election division not later than 32 noon fourteen (14) days after election day. 33 (b) A state or county chairman chairperson who is entitled to and 34 desires to file a petition for a recount or contest under this chapter must 35 file a verified petition with the election division not later than noon 36 seventeen (17) days after election day. 37 SECTION 170. IC 3-13-1-4, AS AMENDED BY P.L.219-2013, 38 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2024]: Sec. 4. Except as provided in IC 3-10-8-7.5, a 40 candidate vacancy for United States Representative shall be filled by 41 a caucus comprised by the precinct committeemen committee persons 42 of the political party whose precincts are within the congressional 2024 IN 1267—LS 6912/DI 92 91 1 district. 2 SECTION 171. IC 3-13-1-5 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. A candidate vacancy 4 for a legislative office shall be filled by a caucus comprised by the 5 precinct committeemen committee persons of the political party 6 whose precincts are within the senate or house district. 7 SECTION 172. IC 3-13-1-6, AS AMENDED BY P.L.278-2019, 8 SECTION 152, IS AMENDED TO READ AS FOLLOWS 9 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) As used in this section, 10 "county committee" refers to the precinct committeemen committee 11 persons and vice committeemen committee persons of a major 12 political party representing a precinct within the county. 13 (b) Except as provided in subsection (c), a candidate vacancy for a 14 local office shall be filled by either of the following: 15 (1) A caucus comprised of the precinct committeemen committee 16 persons who are eligible to participate under section 10 of this 17 chapter. 18 (2) The county chairman chairperson of the political party or a 19 committee comprised of the chairman, chairperson, vice 20 chairman, chairperson, secretary, and treasurer of the county 21 committee of the party, if all of the following apply: 22 (A) The county chairman chairperson or the committee is 23 authorized to fill vacancies under this chapter by majority vote 24 of the county committee. 25 (B) The election district for the local office is entirely within 26 one (1) county. 27 (C) Documentation of the authority given under clause (A) is 28 attached to the certification of candidate selection filed under 29 section 15 of this chapter. 30 (c) A candidate vacancy for the office of circuit court judge or 31 prosecuting attorney in a circuit having more than one (1) county shall 32 be filled by a caucus comprised of the precinct committeemen 33 committee persons who constitute the county committees of the 34 political party for all of the circuit. 35 SECTION 173. IC 3-13-1-8, AS AMENDED BY P.L.216-2015, 36 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 8. A meeting under section 3, 4, 5, or 6 of this 38 chapter shall be called and chaired by: 39 (1) the state chairman, chairperson, or a person designated by the 40 state chairman, chairperson, for a caucus or committee acting 41 under section 3, 4, 5, or 6(c) of this chapter; or 42 (2) the county chairman chairperson of the county in which the 2024 IN 1267—LS 6912/DI 92 92 1 greatest percentage of the population of the election district is 2 located, or an individual designated by the county chairman, 3 chairperson, for a caucus or committee acting under section 6(b) 4 of this chapter. 5 SECTION 174. IC 3-13-1-9, AS AMENDED BY P.L.278-2019, 6 SECTION 153, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) This section applies only to 8 a meeting of a caucus required under this chapter. This section does not 9 apply to the filling of a vacancy under this chapter by the county 10 chairman chairperson or a committee acting under section 6(b)(2) of 11 this chapter. 12 (b) The call for a meeting under section 3, 4, 5, or 6 of this chapter 13 must: 14 (1) be in writing on a form prescribed by the election division; 15 (2) state the name of the chairman chairperson of the meeting; 16 (3) state the purpose of the meeting; 17 (4) state the date, time, and place of the meeting; 18 (5) be sent by first class mail, at least ten (10) days before the 19 meeting, to all persons eligible to participate in the meeting; and 20 (6) be filed not later than noon ten (10) days before the meeting 21 with the official who is required to receive a certificate of 22 candidate selection following the caucus under section 15 of this 23 chapter. 24 SECTION 175. IC 3-13-1-10, AS AMENDED BY P.L.216-2015, 25 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 10. (a) To be eligible to participate in a caucus 27 called under section 4, 5, or 6 of this chapter, an elected precinct 28 committeeman committee person must be entitled to vote for the 29 office for which a candidate is to be selected. An elected precinct 30 committeeman committee person is eligible to participate in a caucus 31 called under this chapter, regardless of when the ballot vacancy 32 occurred. 33 (b) An appointed precinct committeeman committee person is 34 eligible to participate in a caucus called under section 4, 5, or 6 of this 35 chapter if the precinct committeeman committee person was a 36 committeeman committee person thirty (30) days before the vacancy 37 occurred. 38 (c) For purposes of a candidate vacancy resulting from the failure 39 of a candidate to be nominated at a primary at which precinct 40 committeemen committee persons were elected, an appointed precinct 41 committeeman committee person is eligible to serve if the 42 committeeman committee person has been reappointed following the 2024 IN 1267—LS 6912/DI 92 93 1 primary in accordance with the rules of the committeeman's committee 2 person's political party. 3 SECTION 176. IC 3-13-1-10.5, AS AMENDED BY P.L.227-2023, 4 SECTION 125, IS AMENDED TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) This section applies only 6 to a meeting of a caucus required under this chapter. This section does 7 not apply to the filling of a vacancy by the county chairman 8 chairperson or a committee acting under section 6(b)(2) of this 9 chapter. 10 (b) A person who wishes to be a candidate for appointment to fill a 11 candidate vacancy under this chapter must file a declaration of 12 candidacy on a form prescribed by the election division with: 13 (1) the chairman chairperson of the caucus conducting a meeting 14 under this chapter; and 15 (2) the official who is required to receive a certificate of candidate 16 selection following the caucus under section 15 of this chapter; 17 at least seventy-two (72) hours before the time fixed for the caucus 18 meeting. 19 (c) A candidate's declaration of candidacy must include a statement 20 that the candidate requests the name on the candidate's voter 21 registration record be the same as the name the candidate uses on the 22 declaration of candidacy. If there is a difference between the name on 23 the candidate's declaration of candidacy and the name on the 24 candidate's voter registration record, the officer with whom the 25 declaration of candidacy is filed shall forward the information to the 26 voter registration officer of the appropriate county as required by 27 IC 3-5-7-6(d). The voter registration officer of the appropriate county 28 shall change the name on the candidate's voter registration record to be 29 the same as the name on the candidate's declaration of candidacy. 30 (d) A candidate's declaration of candidacy must contain the 31 following statements: 32 (1) This subdivision applies to a candidate filing a declaration of 33 candidacy for a state office, legislative office, local office of judge 34 of a circuit, superior, probate, or small claims court, or local 35 office of prosecuting attorney of a judicial circuit. A statement 36 that the candidate has attached either of the following to the 37 declaration: 38 (A) A copy of a statement of economic interests, file stamped 39 by the office required to receive the statement of economic 40 interests. 41 (B) A receipt or photocopy of a receipt showing that a 42 statement of economic interests has been filed. 2024 IN 1267—LS 6912/DI 92 94 1 This requirement does not apply to a candidate for a federal 2 office. 3 (2) This subdivision applies to a candidate filing a declaration of 4 candidacy for a local office not described in subdivision (1) or 5 school board office. A statement that the candidate understands 6 that if the candidate is selected to fill the candidate vacancy, the 7 candidate is required to file a statement of economic interests 8 under IC 3-8-9-5. 9 (3) A statement that the candidate understands that if the 10 candidate is elected to the office, the candidate may be required 11 to obtain and file an individual surety bond before serving in the 12 office. This requirement does not apply to a candidate for a 13 federal office or legislative office. 14 (4) A statement that the candidate understands that if the 15 candidate is elected to the office, the candidate may be required 16 to successfully complete training or have attained certification 17 related to service in an elected office. This requirement does not 18 apply to a candidate for a federal office, state office, or legislative 19 office. 20 (5) A statement that the candidate: 21 (A) is aware of the provisions of IC 3-9 regarding campaign 22 finance and the reporting of campaign contributions and 23 expenditures; and 24 (B) agrees to comply with the provisions of IC 3-9. 25 This requirement does not apply to a candidate for a federal 26 office. 27 The candidate must separately initial each of the statements required 28 by this subsection. 29 SECTION 177. IC 3-13-1-11.5, AS AMENDED BY P.L.216-2015, 30 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 11.5. (a) Except as provided in this section, voting 32 by proxy is not permitted in a caucus called under section 4, 5, or 6 of 33 this chapter. 34 (b) A precinct vice committeeman committee person is entitled to 35 participate in a caucus called under section 4, 5, or 6 of this chapter and 36 vote as a proxy for the vice committeeman's committee person's 37 precinct committeeman committee person if all of the following apply: 38 (1) The vice committeeman's committee person's precinct 39 committeeman committee person is otherwise eligible to 40 participate in the caucus under this chapter. 41 (2) The vice committeeman's committee person's precinct 42 committeeman committee person is not present at the caucus. 2024 IN 1267—LS 6912/DI 92 95 1 (3) The vice committeeman committee person is eligible under 2 this section. 3 (c) The vice committeeman committee person of an elected 4 precinct committeeman committee person is eligible to participate in 5 a caucus called under section 4, 5, or 6 of this chapter and vote the 6 precinct committeeman's committee person's proxy, regardless of 7 when the ballot vacancy occurred, if the vice committeeman 8 committee person was the vice committeeman committee person five 9 (5) days before the date of the caucus. 10 (d) If a vice committeeman committee person is not eligible under 11 subsection (c), the vice committeeman committee person is eligible 12 to participate in a caucus called under section 4, 5, or 6 of this chapter 13 and vote the precinct committeeman's committee person's proxy only 14 if the vice committeeman committee person was the vice 15 committeeman committee person thirty (30) days before the ballot 16 vacancy occurred. 17 SECTION 178. IC 3-13-1-12, AS AMENDED BY P.L.216-2015, 18 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 12. (a) If a tie vote occurs among participants 20 acting under section 3, 4, 5, or 6(c) of this chapter, the chairman 21 chairperson of the meeting may cast the tiebreaking vote. If a tie vote 22 occurs among participants acting under section 6(b) of this chapter, the 23 county chairman chairperson or an individual designated by the 24 county chairman chairperson may cast the tiebreaking vote. 25 (b) If a quorum required under the rules of a meeting held under this 26 chapter is not present, the county chairman chairperson shall fill the 27 candidate vacancy. 28 SECTION 179. IC 3-13-1-13, AS AMENDED BY P.L.74-2017, 29 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 13. If fewer than two (2) persons are eligible to 31 participate in the filling of a candidate vacancy for an office under 32 section 6(b) of this chapter, the county chairman chairperson entitled 33 to call the meeting under section 8 of this chapter shall appoint a 34 person to fill the vacancy. 35 SECTION 180. IC 3-13-1-15, AS AMENDED BY P.L.169-2015, 36 SECTION 155, IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) A county chairman 38 chairperson filling a candidate vacancy under section 6(b)(2) of this 39 chapter or the chairman chairperson of a meeting filling a candidate 40 vacancy under this chapter shall file a written certificate of candidate 41 selection on a form prescribed by the election division stating the 42 following information for each candidate selected: 2024 IN 1267—LS 6912/DI 92 96 1 (1) The name of each candidate as: 2 (A) the candidate wants the candidate's name to appear on the 3 ballot; and 4 (B) the candidate's name is permitted to appear on the ballot 5 under IC 3-5-7. 6 (2) The residence address of each candidate. 7 (b) The certificate shall be filed with: 8 (1) the election division for: 9 (A) a committee acting under section 3, 4, 5, or 6(c) of this 10 chapter; or 11 (B) a committee acting under section 6(b) of this chapter to fill 12 a candidate vacancy in the office of judge of a circuit, superior, 13 probate, or small claims court or prosecuting attorney; or 14 (2) the circuit court clerk, for a committee acting under section 15 6(b) of this chapter to fill a candidate vacancy for a local office 16 not described in subdivision (1). 17 (c) This subsection applies to a candidate vacancy resulting from a 18 vacancy on the primary election ballot as described in section 2 of this 19 chapter. The certificate required by subsection (a) shall be filed not 20 later than noon July 3 before election day. 21 (d) This subsection applies to all candidate vacancies not described 22 by subsection (c). The certificate required by subsection (a) shall be 23 filed not later than noon three (3) days (excluding Saturdays and 24 Sundays) after selection of the candidates. 25 (e) A certificate filed under this section is not effective unless the 26 candidate selected to fill the candidate vacancy has filed a statement of 27 economic interests under IC 3-8-9-5. 28 SECTION 181. IC 3-13-1-18 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) If a candidate 30 vacancy occurs in a town subject to IC 3-8-5 for any office on the ticket 31 of a political party whose candidates were selected by petition of 32 nomination, the vacancy may be filled only as prescribed by this 33 section. 34 (b) To fill the vacancy, the town chairman chairperson of the party 35 must file a certificate of candidate selection together with the consent 36 required by section 14 of this chapter with the official with whom 37 certificates must be filed. The certificate of candidate selection must be 38 filed not later than the date and hour that a certificate of nomination by 39 a town convention must be filed under IC 3-8-5-13. 40 SECTION 182. IC 3-13-1-19 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. A person who was 42 defeated in a primary election or in a town or state convention is 2024 IN 1267—LS 6912/DI 92 97 1 eligible to be appointed by the political party that the person affiliated 2 with by voting in the most recent primary election held by that party. 3 The person selected may fill any vacancy on the party's ticket as a 4 candidate in any general, municipal, or special election following that 5 primary election or convention in which the vacancy occurred. 6 However, a person is not disqualified from appointment under this 7 section for not having voted in the most recent primary election if the 8 appointee is certified as a member of that party by the county chairman 9 chairperson for the county in which the appointee resides. 10 SECTION 183. IC 3-13-1-20, AS AMENDED BY P.L.230-2005, 11 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 20. (a) This section applies to a political party 13 subject to IC 3-8-4-10, IC 3-10-2-15, or IC 3-10-6-12. 14 (b) A candidate vacancy that exists following the convention of the 15 party shall be filled by the state committee of the political party not 16 later than the date and time specified by section 7(a)(1) of this chapter 17 for a major political party to fill a candidate vacancy. The chairman 18 chairperson of the state committee shall file a notice of intent to fill 19 the candidate vacancy with the official who is required to receive a 20 certificate of candidate selection under section 15 of this chapter. The 21 notice must be filed not later than ten (10) days before the chairman 22 chairperson fills the candidate vacancy. The chairman chairperson of 23 the state committee shall act in accordance with section 15 of this 24 chapter to certify the candidate selected to fill the vacancy. 25 (c) This subsection applies to a candidate vacancy resulting from a 26 vacancy on the general election ballot resulting from the failure of the 27 convention to nominate a candidate for an office. The certificate 28 required by subsection (b) shall be filed not later than the date and time 29 specified by section 15(c) of this chapter for a major political party to 30 file a certificate of candidate selection. 31 (d) This subsection applies to all candidate vacancies not described 32 by subsection (c). If a candidate vacancy occurs as a result of: 33 (1) the death of a candidate; 34 (2) the withdrawal of a candidate; 35 (3) the disqualification of a candidate under IC 3-8-1-5; or 36 (4) a court order issued under IC 3-8-7-29(d); 37 the political party may fill the vacancy within the same period of time 38 that a major political party is permitted to fill a candidate vacancy 39 under section 7(b) of this chapter. 40 (e) The certificate required by subsection (b) shall be filed within 41 the period of time required under section 15(d) of this chapter for a 42 major political party to file the certificate after selection of the 2024 IN 1267—LS 6912/DI 92 98 1 candidates. 2 SECTION 184. IC 3-13-2-2 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. A candidate vacancy 4 for United States Senator or a state office shall be filled by appointment 5 by the state chairman chairperson of the political party. 6 SECTION 185. IC 3-13-2-3 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. A candidate vacancy 8 for United States Representative shall be filled by appointment by the 9 district chairman chairperson of the political party. 10 SECTION 186. IC 3-13-2-4 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A candidate vacancy 12 for a legislative office shall be filled by a majority vote of the county 13 chairmen chairpersons of the political party for all of the counties that 14 have territory in the senate or house district. 15 SECTION 187. IC 3-13-2-5 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as 17 provided in subsection (b), a candidate vacancy for a local office shall 18 be filled by appointment by the county chairman chairperson of the 19 political party of the county in which the greatest percentage of the 20 population of the election district is located. 21 (b) A candidate vacancy for the office of circuit court judge or 22 prosecuting attorney in a circuit having more than one (1) county shall 23 be filled by a majority vote of the county chairmen chairpersons of the 24 political party for all of the counties in the circuit. 25 SECTION 188. IC 3-13-2-6, AS AMENDED BY P.L.96-2012, 26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 6. (a) If a tie vote occurs among a group of 28 chairmen chairpersons acting under section 4 or 5(b) of this chapter, 29 the state chairman chairperson may cast the tiebreaking vote. 30 (b) If a quorum required under the rules of a meeting held under this 31 chapter is not present, the state chairman chairperson shall fill the 32 candidate vacancy. 33 SECTION 189. IC 3-13-2-8, AS AMENDED BY P.L.169-2015, 34 SECTION 156, IS AMENDED TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The chairman chairperson 36 or chairmen chairpersons filling a candidate vacancy under this 37 chapter shall immediately file a written certificate of candidate 38 selection on a form prescribed by the election division stating the 39 following information for each candidate selected: 40 (1) The name of each candidate as: 41 (A) the candidate wants the candidate's name to appear on the 42 ballot; and 2024 IN 1267—LS 6912/DI 92 99 1 (B) the candidate's name is permitted to appear on the ballot 2 under IC 3-5-7. 3 (2) The residence address of each candidate. 4 (b) The certificate shall be filed with: 5 (1) the election division for: 6 (A) one (1) or more chairmen chairpersons acting under 7 section 2, 3, 4, or 5(b) of this chapter; or 8 (B) a committee acting under section 5(b) of this chapter to fill 9 a candidate vacancy for the office of judge of a circuit, 10 superior, probate, county, or small claims court or prosecuting 11 attorney; or 12 (2) the circuit court clerk of the county in which the greatest 13 percentage of the population of the election district is located, for 14 a chairman chairperson acting under section 5(a) of this chapter 15 to fill a candidate vacancy for a local office not described in 16 subdivision (1). 17 (c) The certificate required by subsection (a) shall be filed not more 18 than three (3) days (excluding Saturdays and Sundays) after selection 19 of the candidate. 20 (d) A certificate filed under this section is not effective unless the 21 candidate selected to fill the candidate vacancy has filed a statement of 22 economic interests under IC 3-8-9-5. 23 SECTION 190. IC 3-13-2-12 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) This section 25 applies to a political party subject to IC 3-8-4-10. 26 (b) A candidate vacancy under this chapter shall be filled by the 27 state committee of the political party. The chairman chairperson of the 28 state committee shall act in accordance with section 8 of this chapter 29 to certify the candidate selected to fill the vacancy. 30 SECTION 191. IC 3-13-5-0.1, AS ADDED BY P.L.164-2006, 31 SECTION 130, IS AMENDED TO READ AS FOLLOWS 32 [EFFECTIVE JULY 1, 2024]: Sec. 0.1. (a) This chapter applies only 33 to a vacancy in a legislative office that was last held by a person elected 34 or selected as a candidate of a major political party of the state. 35 (b) A vacancy in a legislative office that was last held by a person 36 elected or selected as a candidate of a political party described by 37 IC 3-8-4-10 shall be filled by the state committee of the political party. 38 The state chairman chairperson of the party shall certify the selection 39 of an individual to fill the vacancy in the manner prescribed under 40 section 6 of this chapter. 41 (c) A vacancy in a legislative office that was last held by a person 42 not described in subsection (a) or (b) shall be filled by a special 2024 IN 1267—LS 6912/DI 92 100 1 election held as provided in IC 3-10-8. 2 SECTION 192. IC 3-13-5-1, AS AMENDED BY P.L.278-2019, 3 SECTION 154, IS AMENDED TO READ AS FOLLOWS 4 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) A vacancy in a legislative 5 office shall be filled by a caucus comprised of the precinct 6 committeemen committee persons from the senate or house district 7 where the vacancy exists who represent the same political party that 8 elected or selected the person who held the vacated seat. 9 (b) Not later than thirty (30) days after the vacancy occurs (or as 10 provided in subsections (c) and (d)), the caucus shall meet and select 11 a person to fill the vacancy by a majority vote of those casting a vote 12 for a candidate, including vice committeemen committee persons 13 eligible to vote as a proxy under section 5 of this chapter. 14 (c) A state chairman chairperson may give notice of a caucus 15 before the time specified under subsection (b) if a vacancy will exist 16 because the official has: 17 (1) submitted a written resignation under IC 5-8-3.5 that has not 18 yet taken effect; 19 (2) been elected to another office; or 20 (3) submitted a notice under IC 5-9-4 to take a leave of absence 21 for active duty in the armed forces or national guard. 22 (d) If a vacancy in a legislative office exists because of the death of 23 the legislator, the caucus shall meet and select a person to fill the 24 vacancy not later than thirty (30) days after the state chairman 25 chairperson receives notice of the death of the legislator from the 26 secretary of state under IC 5-8-6. 27 (e) Notwithstanding IC 5-8-4, a person may not withdraw the 28 person's resignation after the resignation has been accepted by the 29 person authorized to accept the resignation less than seventy-two (72) 30 hours before the announced starting time of the caucus under this 31 chapter. 32 (f) The person selected must reside in the district where the vacancy 33 occurred. 34 SECTION 193. IC 3-13-5-2, AS AMENDED BY P.L.119-2005, 35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 2. (a) The state chairman chairperson of the 37 political party that elected or selected the person who held the vacated 38 seat shall set the place, date, and time of a caucus meeting. The 39 chairman chairperson shall send a notice, by first class mail, of the 40 purpose, place, date, and time of the meeting to all precinct 41 committeemen committee persons in the caucus at least ten (10) days 42 before the meeting. 2024 IN 1267—LS 6912/DI 92 101 1 (b) If a vacancy in a legislative office exists because of the death of 2 the legislator, the state chairman chairperson may not send the notice 3 required by subsection (a) until the state chairman chairperson 4 receives notice of the death from the secretary of state under IC 5-8-6. 5 SECTION 194. IC 3-13-5-3, AS AMENDED BY P.L.123-2015, 6 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 3. (a) The state chairman chairperson or a person 8 designated by the state chairman chairperson shall preside over a 9 caucus meeting held under this chapter. 10 (b) A person who desires to be a candidate to fill a vacancy under 11 this chapter must file: 12 (1) a declaration of candidacy with the chairman chairperson of 13 the caucus; and 14 (2) a statement of economic interests under IC 2-2.2-2 with the 15 secretary of the senate or principal clerk of the house of 16 representatives; 17 at least seventy-two (72) hours before the time fixed for the caucus. 18 (c) In addition to the procedures prescribed by this chapter, the 19 chairman chairperson and precinct committeemen committee persons 20 may adopt rules of procedure that are necessary to conduct business. 21 SECTION 195. IC 3-13-5-4 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) To be eligible to 23 participate in a caucus called under this chapter, an elected precinct 24 committeeman committee person must be entitled to vote for the 25 legislative office for which a successor is to be selected. An elected 26 precinct committeeman committee person is eligible to participate in 27 a caucus called under this chapter, regardless of when the vacancy in 28 the legislative office occurred. 29 (b) An appointed precinct committeeman committee person is 30 eligible to participate in a caucus called under this chapter if the 31 precinct committeeman committee person was a committeeman 32 committee person thirty (30) days before the vacancy occurred. 33 (c) An individual eligible to participate in a caucus held under this 34 chapter has one (1) vote. 35 SECTION 196. IC 3-13-5-5, AS AMENDED BY P.L.278-2019, 36 SECTION 155, IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided in this 38 section, voting by proxy is not allowed in a caucus held under this 39 chapter. 40 (b) A precinct vice committeeman committee person is entitled to 41 participate in a caucus held under this chapter and vote as a proxy for 42 the vice committeeman's committee person's precinct committeeman 2024 IN 1267—LS 6912/DI 92 102 1 committee person if all of the following apply: 2 (1) The vice committeeman's committee person's precinct 3 committeeman committee person is otherwise eligible to 4 participate in the caucus under this chapter. This subdivision is 5 satisfied if the vacancy to be filled under this chapter resulted 6 from the death of an individual holding a legislative office who 7 also served as a precinct committeeman. committee person. 8 (2) The vice committeeman's committee person's precinct 9 committeeman committee person is not present at the caucus. 10 (3) The vice committeeman committee person is eligible under 11 this section. 12 (c) The vice committeeman committee person of an elected 13 precinct committeeman committee person is eligible to participate in 14 a caucus held under this chapter and vote the precinct committeeman's 15 committee person's proxy if the vice committeeman committee 16 person was the vice committeeman committee person five (5) days 17 before the date of the caucus. 18 (d) If a vice committeeman committee person is not eligible under 19 subsection (c), the vice committeeman committee person is eligible 20 to participate in a caucus held under this chapter and vote the precinct 21 committeeman's committee person's proxy only if the vice 22 committeeman committee person was the vice committeeman 23 committee person thirty (30) days before the vacancy occurred. 24 (e) Voting shall be conducted by secret ballot, and IC 5-14-1.5-3(b) 25 does not apply to this chapter. 26 SECTION 197. IC 3-13-5-6 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The state chairman 28 chairperson shall certify the name of the person selected under section 29 1 of this chapter to the president pro tempore of the senate or the 30 speaker of the house of representatives, as appropriate, who shall 31 acknowledge receipt of the certification, submit a copy of the 32 certificate to be included in the journal of the house or senate: 33 (1) of the day when the individual is seated; or 34 (2) if the certificate is received after the adjournment sine die of 35 the general assembly, of the first day that the chamber is in 36 session following receipt of the certificate; 37 and immediately forward the certificate to the secretary of state. 38 SECTION 198. IC 3-13-9-4.5 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.5. (a) This section 40 applies to a vacancy in the town council to be filled under section 4 of 41 this chapter when more than fifty percent (50%) of the seats on the 42 town council are vacant. 2024 IN 1267—LS 6912/DI 92 103 1 (b) The remaining member or a majority of the remaining members 2 of the town council shall fill the vacancies under this chapter as the 3 first item of business at a meeting of the town council even though a 4 quorum would not then exist to conduct other town council business. 5 (c) If there are no remaining members of the town council in office 6 or a tie vote occurs among the remaining members under subsection 7 (b), the vacancies shall be filled by the town clerk-treasurer. 8 (d) If there are no remaining members of the town council and no 9 clerk-treasurer in office, the vacancies in the office of clerk-treasurer 10 and town council shall be filled by the county chairman chairperson 11 of the major political party of the state whose candidate for secretary 12 of state received the most votes in the last election for that office in the 13 precincts in which the town is wholly or partially located. 14 SECTION 199. IC 3-13-10-5, AS AMENDED BY P.L.119-2005, 15 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 5. (a) This section applies to a vacancy in the 17 office of judge of a small claims court or small claims court constable 18 not covered by section 1 of this chapter. 19 (b) A vacancy shall be filled by the township board at a regular or 20 special meeting. The chairman chairperson of the township board 21 shall give notice of the meeting. Except as provided in subsection (c), 22 the meeting shall be held not later than thirty (30) days after the 23 vacancy occurs. The notice must: 24 (1) be in writing; 25 (2) state the purpose of the meeting; 26 (3) state the date, time, and place of the meeting; and 27 (4) be sent by first class mail to each board member at least ten 28 (10) days before the meeting. 29 (c) If a vacancy exists because of the death of a judicial officer, the 30 meeting required by subsection (b) shall be held not later than thirty 31 (30) days after the chairman chairperson of the township board 32 receives notice of the death under IC 5-8-6. The chairman chairperson 33 of the township board may not give the notice required by subsection 34 (b) until the chairman chairperson of the township board receives 35 notice of the death under IC 5-8-6. 36 SECTION 200. IC 3-13-11-3, AS AMENDED BY P.L.278-2019, 37 SECTION 162, IS AMENDED TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in 39 subsections (b) and (e) and section 3.5 of this chapter, after a vacancy 40 occurs and not later than ten (10) days after a vacancy occurs in an 41 office subject to this chapter, the county chairman: chairperson: 42 (1) of the county in which the greatest percentage of the 2024 IN 1267—LS 6912/DI 92 104 1 population of the election district of the office is located; and 2 (2) of the same political party that elected or selected the official 3 who vacated the office; 4 shall give notice of a caucus to all eligible precinct committeemen. 5 committee persons. 6 (b) A county chairman chairperson may give notice of a caucus 7 before the time specified under subsection (a) if a vacancy will exist 8 because the official has: 9 (1) submitted a written resignation under IC 5-8-3.5; 10 (2) been elected to another office; or 11 (3) submitted a notice under IC 5-9-4 to take a leave of absence 12 for active duty in the armed forces or national guard. 13 (c) Notwithstanding IC 5-8-4, a person may not withdraw the 14 person's resignation after the resignation has been accepted by the 15 person authorized to accept the resignation less than seventy-two (72) 16 hours before the announced starting time of a caucus under this section. 17 (d) Except as provided in subsections (e) and (f) and section 3.5 of 18 this chapter, a caucus under this section shall be held after giving 19 notice to caucus members under section 4 of this chapter and not later 20 than thirty (30) days after the vacancy occurs. 21 (e) If a vacancy exists in an office because of the death of the 22 officeholder, the caucus shall meet and select an individual to fill the 23 vacancy not later than thirty (30) days after the county chairman 24 chairperson receives notice of the death under IC 5-8-6. The county 25 chairman chairperson shall give notice to caucus members under 26 section 4 of this chapter. The county chairman chairperson may not 27 give the notice required by section 4 of this chapter until the county 28 chairman chairperson receives notice of the death under IC 5-8-6. 29 (f) If a person or entity that receives notice of a resignation under 30 IC 5-8-3.5-1(b) fails to provide timely notice of the resignation to the 31 person or entity with the power to fill the vacancy or call the caucus, 32 the person or entity with the power to fill the vacancy or call that 33 caucus: 34 (1) may immediately proceed to fill the vacancy or call the caucus 35 without prior receipt of the notice; and 36 (2) must do so not later than thirty (30) days after receiving the 37 notice from the person or entity that received the notice of 38 resignation. 39 SECTION 201. IC 3-13-11-3.5, AS AMENDED BY P.L.119-2005, 40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2024]: Sec. 3.5. (a) If a vacancy exists on a town council 42 because a circumstance has occurred under IC 36-5-2-6.5(3), the 2024 IN 1267—LS 6912/DI 92 105 1 caucus shall meet and select an individual to fill the vacancy not later 2 than thirty (30) days after the county chairman chairperson receives 3 a notice of the vacancy under IC 5-8-5. 4 (b) The county chairman chairperson shall: 5 (1) give notice of the caucus meeting to caucus members under 6 section 4 of this chapter; and 7 (2) keep the notice of the vacancy with the records of the caucus. 8 SECTION 202. IC 3-13-11-4 IS AMENDED TO READ AS 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The notice for a 10 caucus under section 3 of this chapter must: 11 (1) be in writing; 12 (2) state the name of the chairman chairperson of the caucus; 13 (3) state the purpose of the caucus; 14 (4) state the date, time, and place of the caucus; and 15 (5) be sent by first class mail to each member of the caucus at 16 least ten (10) days before the caucus. 17 SECTION 203. IC 3-13-11-5 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) To be eligible to 19 be a member of a caucus under this chapter, a precinct committeeman 20 committee person must satisfy the following: 21 (1) Be a member of the same political party that elected or 22 selected the person who vacated the office to be filled. 23 (2) Be the precinct committeeman committee person of a 24 precinct in which voters were eligible to vote for the person who 25 vacated the office to be filled at the last election conducted or 26 permitted for the office. 27 (3) Satisfy the other requirements of this section. 28 An elected precinct committeeman committee person is eligible to 29 participate in a caucus called under this chapter, regardless of when the 30 vacancy in the office occurred. 31 (b) An appointed precinct committeeman committee person is 32 eligible to participate in a caucus called under this chapter if the 33 precinct committeeman committee person was a precinct 34 committeeman committee person thirty (30) days before the vacancy 35 occurred. 36 (c) If fewer than two (2) persons are eligible to be members of a 37 caucus under this section, the county chairman chairperson entitled to 38 give notice of a caucus under section 3 of this chapter shall fill the 39 vacancy, no later than thirty (30) days after the vacancy occurs. A 40 chairman chairperson acting under this subsection is not required to 41 conduct a caucus. 42 SECTION 204. IC 3-13-11-6, AS AMENDED BY P.L.225-2011, 2024 IN 1267—LS 6912/DI 92 106 1 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 6. The county chairman: chairperson: 3 (1) of the county in which the greatest percentage of the 4 population of the election district is located; and 5 (2) of the same political party that elected or selected the official 6 who vacated the office to be filled; 7 (or an individual designated by the county chairman) chairperson) is 8 the chairman chairperson of a caucus held under this chapter. The 9 chairman chairperson is not eligible to vote in the caucus unless the 10 chairman chairperson is also a member of the caucus. 11 SECTION 205. IC 3-13-11-7 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) This section does 13 not apply to a vacancy filled by a county chairman chairperson under 14 section 5(c) of this chapter. 15 (b) A person who wishes to be a candidate for pro tempore 16 appointment to fill a vacancy under this chapter must file: 17 (1) a declaration of candidacy with the chairman chairperson of 18 the caucus; and 19 (2) a statement of economic interests with the commission on 20 judicial qualifications if the vacancy is in the office of prosecuting 21 attorney; 22 at least seventy-two (72) hours before the time fixed for the caucus. 23 SECTION 206. IC 3-13-11-8, AS AMENDED BY P.L.216-2015, 24 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2024]: Sec. 8. (a) Except as provided in this chapter, the 26 caucus shall establish the caucus rules of procedure. The chairman 27 chairperson or an individual designated by the chairman chairperson 28 shall break any tie vote that occurs in the caucus. 29 (b) If a quorum required under the rules of a meeting held under this 30 chapter is not present, the county chairman chairperson or an 31 individual designated by the county chairman chairperson shall fill the 32 vacancy that exists in the local office. 33 SECTION 207. IC 3-13-11-9 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Except as 35 provided in this section, voting by proxy is not permitted in a caucus 36 held under this chapter. 37 (b) A precinct vice committeeman committee person is entitled to 38 participate in a caucus held under this chapter and vote as a proxy for 39 the vice committeeman's committee person's precinct committeeman 40 committee person if all of the following apply: 41 (1) The vice committeeman's committee person's precinct 42 committeeman committee person is otherwise eligible to 2024 IN 1267—LS 6912/DI 92 107 1 participate in the caucus under this chapter. This subdivision is 2 satisfied if the vacancy to be filled under this chapter resulted 3 from the death of an individual holding a local office who also 4 served as a precinct committeeman. committee person. 5 (2) The vice committeeman's committee person's precinct 6 committeeman committee person is not present at the caucus. 7 (3) The vice committeeman committee person is eligible under 8 this section. 9 (c) The vice committeeman committee person of an elected 10 precinct committeeman committee person is eligible to participate in 11 a caucus held under this chapter and vote the precinct committeeman's 12 committee person's proxy, regardless of when the vacancy occurred, 13 if the vice committeeman committee person was the vice 14 committeeman committee person five (5) days before the date of the 15 caucus. 16 (d) If a vice committeeman committee person is not eligible under 17 subsection (c), the vice committeeman committee person is eligible 18 to participate in a caucus held under this chapter and vote the precinct 19 committeeman's committee person's proxy only if the vice 20 committeeman committee person was the vice committeeman 21 committee person thirty (30) days before the vacancy occurred. 22 SECTION 208. IC 3-13-11-11 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) No later than 24 noon five (5) days after: 25 (1) the selection required by section 10 of this chapter; or 26 (2) a selection under section 5(c) of this chapter; 27 the chairman chairperson shall certify the pro tempore appointment 28 results to the circuit court clerk of the county in which the greatest 29 percentage of the population of the election district is located. 30 (b) This subsection applies to the selection of an individual for an 31 appointment pro tempore as judge of a town court, prosecuting 32 attorney, circuit court clerk, county auditor, county recorder, county 33 treasurer, county sheriff, county coroner, or county surveyor. The clerk 34 shall forward a copy of the certificate to the election division. The 35 election division shall prepare a commission for issuance under 36 IC 4-3-1-5 in the same manner that the election division prepares a 37 commission following the election of an individual to the office. 38 (c) This subsection applies to the selection of an individual for an 39 appointment pro tempore to a local office not described in subsection 40 (b). The clerk shall file the certificate in the clerk's office in the same 41 manner as certificates of election are filed. Within twenty-four (24) 42 hours after the certificate is filed, the clerk shall issue a copy of the 2024 IN 1267—LS 6912/DI 92 108 1 certificate to the individual named in the certificate. 2 SECTION 209. IC 3-13-11-17 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) This section 4 does not apply to the office of a judge or a township board member. 5 (b) In accordance with section 12 of this chapter, if a chief deputy 6 employee does not exist in a township office or the chief deputy 7 employee declines or is ineligible to serve, the chairman chairperson 8 of the township board assumes the duties of the township office until 9 the office is filled under this chapter. 10 SECTION 210. IC 3-14-3-19, AS AMENDED BY P.L.109-2021, 11 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 19. A person who, for the purpose of inducing or 13 procuring another person to: 14 (1) apply for or cast an absentee ballot; or 15 (2) vote or refrain from voting for or against a candidate or for or 16 against a public question at: 17 (A) an election; 18 (B) a caucus; 19 (C) an appointment of a candidate by a political party 20 chairman chairperson or central committee officers; or 21 (D) a political convention; 22 authorized or required by this title; 23 gives, offers, or promises to any person any money or other property 24 commits a Level 6 felony. 25 SECTION 211. IC 4-3-17-4, AS AMENDED BY P.L.181-2015, 26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 4. (a) The articles of incorporation or bylaws of 28 the corporation, as appropriate, must provide that: 29 (1) the exclusive purpose of the corporation is to provide grants 30 and serve as a resource for education programs on drug and 31 alcohol abuse, by providing assistance to persons or entities 32 involved with: 33 (A) coordinating the activities of all parties having a role in 34 drug and alcohol abuse education and prevention; and 35 (B) educating and assisting local communities in educating 36 Indiana citizens on the problems of drug and alcohol abuse; 37 (2) the board must include: 38 (A) the governor or the governor's designee; 39 (B) the state health commissioner or the commissioner's 40 designee; and 41 (C) additional persons appointed by the governor, who have 42 knowledge or experience in drug or alcohol education 2024 IN 1267—LS 6912/DI 92 109 1 programs; 2 (3) the governor shall designate a member of the board to serve 3 as chairman chairperson of the board; 4 (4) the board shall select any other officers it considers necessary, 5 such as a vice chairman, chairperson, treasurer, or secretary; 6 (5) the chairman chairperson of the board may appoint any 7 subcommittees that the chairman chairperson considers 8 necessary to carry out the duties of the corporation; 9 (6) with the approval of the governor, the corporation may appoint 10 a president, who shall serve as the chief operating officer of the 11 corporation and who may appoint staff or employ consultants to 12 carry out the corporation's duties under this chapter, including 13 personnel to receive or disseminate information that furthers the 14 goals of the corporation; 15 (7) the corporation may receive funds from any source (including 16 state appropriations), may enter into contracts, and may expend 17 funds for any activities necessary, convenient, or expedient to 18 carry out its purposes; 19 (8) any amendments to the articles of incorporation or bylaws of 20 the corporation must be approved by the board; 21 (9) the corporation shall submit an annual report to the governor, 22 lieutenant governor, and chairman chairperson of the legislative 23 council before December 31 of each year; 24 (10) the corporation shall conduct an annual public hearing to 25 receive comments from interested parties regarding the annual 26 report, and notice of the hearing shall be given at least fourteen 27 (14) days before the hearing in accordance with IC 5-14-1.5-5(b); 28 and 29 (11) the corporation is subject to audit by the state board of 30 accounts, and the corporation shall bear the full costs of this audit. 31 An annual report described in subdivision (9) that is submitted to the 32 chairman chairperson of the legislative council must be in an 33 electronic format under IC 5-14-6. 34 (b) The corporation may perform other acts necessary, convenient, 35 or expedient to carry out its purposes under this chapter and has all the 36 rights, powers, and privileges granted to corporations by IC 23-17 and 37 by common law. 38 (c) With the approval of the governor, the corporation may merge 39 with an entity with similar purposes. If the corporation merges with 40 another entity under this subsection, the governor shall revoke the 41 certification under section 7 of this chapter. 42 SECTION 212. IC 4-4-16-2, AS AMENDED BY P.L.83-2005, 2024 IN 1267—LS 6912/DI 92 110 1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 2. (a) The Indiana main street council is 3 established. The council consists of: 4 (1) the secretary of agriculture and rural development or a person 5 designated by the secretary, who shall serve as chairman; 6 chairperson; and 7 (2) at least seven (7) but not more than ten (10) persons appointed 8 by the secretary, who represent organizations concerned with the 9 purposes of the program established by this chapter and who 10 represent all geographic regions of the state. 11 (b) Members appointed to the council by the secretary shall serve 12 for a term of three (3) years, beginning on July 1 after their 13 appointment. However, a member appointed to fill a vacancy on the 14 council shall serve for the remainder of the unexpired term. 15 (c) The council shall: 16 (1) develop and direct policy; 17 (2) coordinate administrative techniques; and 18 (3) provide assistance; 19 to carry out the purposes of the Indiana main street program. 20 (d) Each member of the council who is not a state employee is 21 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). 22 Each member is entitled to reimbursement for traveling expenses and 23 other expenses actually incurred in connection with the member's 24 duties, as provided in the state travel policies and procedures 25 established by the department of administration and approved by the 26 state budget agency. 27 SECTION 213. IC 4-12-1-11 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) In addition to 29 cooperating in the preparation of a recommended budget report and 30 budget bill as herein provided, the chief functions of the budget 31 committee shall be to serve as liaison between the legislative and 32 executive, including the administrative branches of government, and 33 to provide information to the general assembly with respect to the 34 management of state fiscal affairs so that it may have a better insight 35 into the budgetary and appropriation needs of the various state 36 agencies. To perform such functions the budget committee may: 37 (1) Select a chairman chairperson and such other officers as the 38 members desire, and hold meetings at stated intervals, and on call 39 of the chairman. chairperson. 40 (2) Make such policies and procedures concerning its 41 organization and operation as are deemed advisable but IC 4-22-2 42 shall not apply thereto. 2024 IN 1267—LS 6912/DI 92 111 1 (3) Have access to all files, information gathered and reports of 2 the budget agency. 3 (4) Inspect any state agency in order to obtain accurate 4 information concerning its budgetary needs and fiscal 5 management, and examine all of its records and books of account. 6 (5) Subpoena witnesses and records, examine witnesses under 7 oath, hold hearings, and exercise all the inherent powers of an 8 interim legislative committee for study of budgetary affairs and 9 fiscal management. 10 (6) Attend meetings of appropriate committees of the general 11 assembly and furnish it with information and advice. 12 (7) Make such general or special reports to the budget agency and 13 to the general assembly as are deemed advisable. A report to the 14 general assembly under this subdivision must be in an electronic 15 format under IC 5-14-6. 16 (b) The salary per diem of the legislative members of the budget 17 committee is seventy dollars ($70) per day each for the time necessarily 18 employed in the performance of their duties, and as provided by law all 19 necessary traveling and hotel expenses, in addition to their legislative 20 salary and legislative expense allowance, fixed by law as members of 21 the general assembly. However, the salary per diem provided in this 22 section is in lieu of any other per diem allowances available for the 23 same day to legislative members of the budget committee in their 24 capacity as members of other legislative committees or commissions. 25 SECTION 214. IC 4-12-13-2, AS ADDED BY P.L.234-2007, 26 SECTION 224, IS AMENDED TO READ AS FOLLOWS 27 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) This section applies only to 28 a contract or an agreement: 29 (1) that is first entered into by: 30 (A) a state agency; and 31 (B) a private contractor or private vendor; 32 after June 30, 2007; 33 (2) in which the initial term of the contract or agreement plus the 34 term of any possible renewal or extension periods is at least four 35 (4) years; 36 (3) under which the amount to be paid by the state agency during 37 the initial term of the contract or agreement plus the term of any 38 possible renewal or extension periods: 39 (A) is at least ten million dollars ($10,000,000); or 40 (B) is estimated by the state agency to be at least ten million 41 dollars ($10,000,000); and 42 (4) under which the private contractor or private vendor will 2024 IN 1267—LS 6912/DI 92 112 1 provide services that before the effective date of the contract or 2 agreement are provided directly by the employees of the state 3 agency. 4 (b) In addition to any other requirements that must be satisfied, a 5 state agency may not enter into a contract or an agreement described in 6 subsection (a) unless the following requirements are satisfied: 7 (1) At least thirty (30) days before entering into the contract or 8 agreement, the state agency must conduct at least one (1) public 9 hearing on the contract or agreement. The state agency must allow 10 public comments and testimony at the public hearing. The public 11 hearing must be held in compliance with IC 5-14-1.5. 12 (2) Either of the following occurs: 13 (A) At least thirty (30) days before the state agency enters into 14 the contract or agreement, the budget committee makes a 15 recommendation to the budget agency concerning the contract 16 or agreement. 17 (B) The budget committee does not make a recommendation 18 concerning the contract or agreement within thirty (30) days 19 after the chairman chairperson of the budget committee is 20 requested by the budget agency to make a recommendation. 21 SECTION 215. IC 4-12-13-3, AS ADDED BY P.L.234-2007, 22 SECTION 224, IS AMENDED TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) In addition to any other 24 requirements that must be satisfied, a state agency may have the 25 employees of the state agency directly provide services that are 26 provided by a private contractor or private vendor under a contract or 27 an agreement described in section 2(a) of this chapter only if the 28 following requirements are satisfied: 29 (1) At least thirty (30) days before the employees of the state 30 agency begin directly providing the services, the state agency 31 must conduct at least one (1) public hearing concerning the 32 provision of the services by the employees of the state agency. 33 The state agency must allow public comments and testimony at 34 the public hearing. The public hearing must be held in 35 compliance with IC 5-14-1.5. 36 (2) Either of the following occurs: 37 (A) At least thirty (30) days before employees of the state 38 agency begin directly providing services, the budget 39 committee makes a recommendation to the budget agency 40 concerning the provision of the services by the employees of 41 the state agency. 42 (B) The budget committee does not make a recommendation 2024 IN 1267—LS 6912/DI 92 113 1 concerning the provision of the services by the employees of 2 the state agency within thirty (30) days after the chairman 3 chairperson of the budget committee is requested by the 4 budget agency to make a recommendation. 5 (b) A state agency is not required to comply with the requirements 6 of subsection (a) if the director or other administrative head of the state 7 agency declares that an emergency exists that requires the employees 8 of the state agency to directly provide the services that were provided 9 by a private contractor or private vendor. 10 SECTION 216. IC 4-13-16.5-2, AS AMENDED BY P.L.15-2020, 11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 2. (a) There is established a governor's 13 commission on supplier diversity. The commission shall consist of the 14 following members: 15 (1) A governor's designee, who shall serve as chairman 16 chairperson of the commission. 17 (2) The commissioner of the Indiana department of transportation, 18 or the economic opportunity director of the Indiana department of 19 transportation if the commissioner of the Indiana department of 20 transportation so designates. 21 (3) The chairperson of the board of the Indiana economic 22 development corporation or the chairperson's designee. 23 (4) The commissioner. 24 (5) Nine (9) individuals with demonstrated capabilities in 25 business and industry, especially minority business enterprises, 26 women's business enterprises, and veteran owned small 27 businesses, appointed by the governor from the following 28 geographical areas of the state: 29 (A) Three (3) from the northern one-third (1/3) of the state. 30 (B) Three (3) from the central one-third (1/3) of the state. 31 (C) Three (3) from the southern one-third (1/3) of the state. 32 (6) Two (2) members of the house of representatives, no more 33 than one (1) from the same political party, appointed by the 34 speaker of the house of representatives to serve in a nonvoting 35 advisory capacity. 36 (7) Two (2) members of the senate, no more than one (1) from the 37 same political party, appointed by the president pro tempore of 38 the senate to serve in a nonvoting advisory capacity. 39 (8) The deputy commissioner, who shall serve as a nonvoting 40 member. 41 Not more than six (6) of the ten (10) members appointed or designated 42 by the governor may be of the same political party. Appointed members 2024 IN 1267—LS 6912/DI 92 114 1 of the commission shall serve four (4) year terms. A vacancy occurs if 2 a legislative member leaves office for any reason. Any vacancy on the 3 commission shall be filled in the same manner as the original 4 appointment. 5 (b) Each member of the commission who is not a state employee is 6 entitled to the following: 7 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). 8 (2) Reimbursement for traveling expenses and other expenses 9 actually incurred in connection with the member's duties as 10 provided under IC 4-13-1-4 and in the state travel policies and 11 procedures established by the Indiana department of 12 administration and approved by the budget agency. 13 (c) Each legislative member of the commission is entitled to receive 14 the same per diem, mileage, and travel allowances established by the 15 legislative council and paid to members of the general assembly 16 serving on interim study committees. The allowances specified in this 17 subsection shall be paid by the legislative services agency from the 18 amounts appropriated for that purpose. 19 (d) A member of the commission who is a state employee but who 20 is not a member of the general assembly is not entitled to any of the 21 following: 22 (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). 23 (2) Reimbursement for traveling expenses as provided under 24 IC 4-13-1-4. 25 (3) Other expenses actually incurred in connection with the 26 member's duties. 27 (e) The commission shall meet at least four (4) times each year and 28 at other times as the chairman chairperson considers necessary. 29 (f) The duties of the commission shall include but not be limited to 30 the following: 31 (1) Identify minority business enterprises, women's business 32 enterprises, and veteran owned small businesses in the state. 33 (2) Assess the needs of minority business enterprises, women's 34 business enterprises, and veteran owned small businesses. 35 (3) Initiate aggressive programs to assist minority business 36 enterprises, women's business enterprises, and veteran owned 37 small businesses in obtaining state contracts. 38 (4) Give special publicity to procurement, bidding, and qualifying 39 procedures. 40 (5) Include minority business enterprises, women's business 41 enterprises, and veteran owned small businesses on solicitation 42 mailing lists. 2024 IN 1267—LS 6912/DI 92 115 1 (6) Evaluate the competitive differences between qualified 2 minority or women's nonprofit corporations and other than 3 qualified minority or women's nonprofit corporations and veteran 4 owned small businesses that offer similar services and make 5 recommendation to the department on policy changes necessary 6 to ensure fair competition among minority business enterprises, 7 women's business enterprises, and veteran owned small 8 businesses. 9 (7) Define the duties, goals, and objectives of the deputy 10 commissioner of the department as created under this chapter to 11 assure compliance by all state agencies, separate bodies corporate 12 and politic, and state educational institutions with state and 13 federal legislation and policy concerning the awarding of 14 contracts (including, notwithstanding section 1(d) of this chapter 15 or any other law, contracts of state educational institutions) to 16 minority business enterprises, women's business enterprises, and 17 veteran owned small businesses. 18 (8) Establish annual goals: 19 (A) for the use of minority and women's business enterprises; 20 and 21 (B) derived from a statistical analysis of utilization study of 22 state contracts (including, notwithstanding section 1(d) of this 23 chapter or any other law, contracts of state educational 24 institutions) that are required to be updated every five (5) 25 years. 26 (9) Prepare a review of the commission and the various affected 27 departments of government to be submitted to the governor and 28 the legislative council on March 1 and October 1 of each year, 29 evaluating progress made in the areas defined in this subsection. 30 (10) Ensure that the statistical analysis required under this 31 section: 32 (A) is based on goals for participation of minority business 33 enterprises established in Richmond v. Croson, 488 U.S. 469 34 (1989); 35 (B) includes information on both contracts and subcontracts 36 (including, notwithstanding section 1(d) of this chapter or any 37 other law, contracts and subcontracts of state educational 38 institutions); and 39 (C) uses data on the combined capacity of minority business 40 enterprises, women's business enterprises, and veteran owned 41 small businesses in Indiana and not just regional data. 42 (11) Establish annual goals for the use of minority business 2024 IN 1267—LS 6912/DI 92 116 1 enterprises, women's business enterprises, and veteran owned 2 small businesses for any contract that: 3 (A) will be paid for in whole or in part with state grant funds; 4 and 5 (B) involves the use of real property of a unit (as defined in 6 IC 4-4-32.2-9). 7 (12) Ensure compliance with the establishment and evaluation of 8 the annual goal for veteran owned small businesses established in 9 section 3.5 of this chapter. 10 (g) The department shall direct contractors to demonstrate a good 11 faith effort to meet the annual participation goals established under 12 subsection (f)(11). The good faith effort shall be demonstrated by 13 contractors using the repository of certified firms created under section 14 3 of this chapter or a similar repository maintained by a unit (as defined 15 in IC 4-4-32.2-9). 16 (h) The department shall adopt rules of ethics under IC 4-22-2 for 17 commission members other than commission members appointed 18 under subsection (a)(6) or (a)(7). 19 (i) The department shall furnish administrative support and staff as 20 is necessary for the effective operation of the commission. 21 (j) The commission shall advise the department on developing a 22 statement, to be included in all applications for and agreements 23 governing grants made with state funds, stating the importance of the 24 use of minority business enterprises, women's business enterprises, and 25 veteran owned small businesses in fulfilling the purposes of the grant. 26 SECTION 217. IC 4-15-1.5-5, AS AMENDED BY P.L.134-2012, 27 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2024]: Sec. 5. The commission shall meet in rooms provided 29 by the personnel department and assume the duties of office. Three (3) 30 members of the commission shall constitute a quorum for the 31 transaction of business, and a majority of votes cast shall be required 32 for the adoption or approval of any official action. The commission 33 shall elect one (1) of the members as the chairman chairperson and 34 another member as vice-chairman and the persons so elected vice 35 chairperson who shall hold office for one (1) year and until their 36 successors are elected and qualified. The commission shall hold at least 37 one (1) annual meeting and such regular and special meetings as 38 needed as the commission may prescribe by rule or upon the call of the 39 chairman. chairperson. 40 SECTION 218. IC 4-15-2.2-45, AS ADDED BY P.L.229-2011, 41 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2024]: Sec. 45. (a) This section does not apply to precinct 2024 IN 1267—LS 6912/DI 92 117 1 committeemen, committee persons, state or national party convention 2 delegates, or candidates for these party positions. 3 (b) A classified employee who is elected to a federal or state public 4 office is considered to have resigned from state service on the date the 5 person takes office. 6 SECTION 219. IC 4-23-2-1 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is hereby 8 created a commission to be known as the Indiana arts commission. On 9 and after July 1, 1967, the commission shall consist of fifteen (15) 10 members who shall be appointed by the governor and shall serve for a 11 term of four (4) years and until their successors are appointed and 12 qualified. In event of a vacancy, the governor shall appoint a successor 13 to complete the unexpired term. 14 (b) Insofar as practicable, the members of the commission shall be 15 selected so as to give representation to the various geographical areas 16 of the state and to all fields of the performing and fine arts. Members 17 shall be selected from among the residents of Indiana who have 18 competence, experience, and interest in connection with the performing 19 and fine arts. In making such appointments, due consideration shall be 20 given to any recommendations made by representative civic, 21 educational, and professional associations and groups concerned with 22 or engaged in the production or presentation of the performing and fine 23 arts. 24 (c) On or before July 1, 1967, the governor shall appoint five (5) 25 members to serve for a term of one (1) year, five (5) members to serve 26 for a term of two (2) years, and five (5) members to serve for a term of 27 four (4) years. Upon the expiration of the terms of the original members 28 appointed under this subsection, their successors shall be appointed for 29 terms of four (4) years. A member shall be eligible to succeed himself. 30 the member. 31 (d) The commission shall each year designate one (1) of its 32 members to serve as the chairman chairperson of the commission who 33 shall be the chief executive officer of the commission, one (1) member 34 to serve as vice chairman chairperson who shall act as chairman 35 chairperson in the absence or inability to act of the chairman, 36 chairperson, and one (1) to serve as secretary who shall be responsible 37 for maintaining records of the proceedings of the commission. 38 (e) All contracts, applications for grants, and other documents shall 39 be executed in the name of the commission either by the chairman 40 chairperson of the commission or, when authorized by resolution of 41 the commission, by the executive director and shall be attested by the 42 secretary. 2024 IN 1267—LS 6912/DI 92 118 1 (f) Meetings of the commission shall be held at least quarterly and 2 at such other times as may be necessary. All meetings shall be upon 3 call of the chairman. chairperson. 4 (g) The members of the commission shall not be required to devote 5 their full time to their duties, but shall devote such time as is necessary 6 to carry out their duties under this chapter. The members of the 7 commission shall serve without pay, but shall be reimbursed for their 8 reasonable and necessary expenses actually incurred in carrying out 9 their duties. 10 (h) Eight (8) members of the commission shall constitute a quorum 11 for the transaction of the business of the commission. A vacancy in the 12 commission shall not impair the power of a quorum to transact 13 business. 14 SECTION 220. IC 4-23-5.5-3, AS AMENDED BY P.L.204-2007, 15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 3. (a) The governor shall appoint one (1) of the 17 appointed members as chairman. chairperson. Five (5) members of the 18 board shall constitute a quorum and the affirmative vote of a majority 19 of the membership shall be necessary for any action taken by the board. 20 A vacancy in the membership of the board does not impair the right of 21 the quorum to act. 22 (b) All the members of the board shall be reimbursed for their actual 23 expenses incurred in the performance of their duties. The appointed 24 members may also receive a per diem allowance as determined by the 25 budget agency for attendance of board meetings and activities. All 26 reimbursement for expenses shall be as provided by law. 27 SECTION 221. IC 4-23-6.5-4, AS AMENDED BY P.L.56-2023, 28 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2024]: Sec. 4. (a) The board consists of seven (7) members. 30 The board must include the following: 31 (1) The commissioner of the Indiana department of health or the 32 commissioner's designee. 33 (2) The chairman chairperson of the commission on forensic 34 sciences or the chairman's chairperson's designee. 35 (3) The superintendent of the state police department or the 36 superintendent's designee. 37 (4) Four (4) county coroners appointed by the governor, who shall 38 consider appointing coroners who are women or members of 39 minority groups. 40 (b) Not more than two (2) of the county coroner members of the 41 board may be from the same political party. 42 SECTION 222. IC 4-23-6.5-5, AS AMENDED BY P.L.56-2023, 2024 IN 1267—LS 6912/DI 92 119 1 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 5. (a) The commissioner of the Indiana 3 department of health or the commissioner's designee shall serve as 4 chairman chairperson of the board. 5 (b) The board shall annually elect a vice chairman chairperson 6 from among the members of the board. 7 SECTION 223. IC 4-23-7.2-21, AS ADDED BY P.L.77-2017, 8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 21. (a) An advisory committee is established to 10 advise the historical bureau in establishing an oral history of the 11 general assembly under section 20 of this chapter. The committee 12 consists of the following eight (8) members: 13 (1) One (1) member of the general assembly appointed by the 14 speaker of the house of representatives. 15 (2) One (1) member of the general assembly appointed by the 16 minority leader of the house of representatives. 17 (3) One (1) member of the general assembly appointed by the 18 president pro tempore of the senate. 19 (4) One (1) member of the general assembly appointed by the 20 minority leader of the senate. 21 (5) Four (4) members appointed by the governor as follows: 22 (A) One (1) member nominated by the Indiana library and 23 historical board. 24 (B) One (1) member nominated by the Indiana Historical 25 Society. 26 (C) One (1) member nominated by the Center for the Study of 27 History and Memory at Indiana University. 28 (D) One (1) member nominated by the board of trustees of The 29 History Museum in South Bend. 30 (b) The following apply to the governor's appointments under 31 subsection (a)(5): 32 (1) Not more than two (2) members appointed by the governor 33 may be members of the same political party. 34 (2) The appointments must be made so that the northern, central, 35 and southern regions of Indiana are represented on the committee. 36 (c) Members of the committee serve at the pleasure of the 37 appointing authority. If a vacancy occurs on the committee, the 38 appointing authority that appointed the member whose position is 39 vacant shall appoint an individual to fill the vacancy. An individual 40 appointed to fill a vacancy must have the qualifications that a member 41 appointed by the appointing authority must have. 42 (d) The: 2024 IN 1267—LS 6912/DI 92 120 1 (1) chairman chairperson of the legislative council, with the 2 advice of the vice-chairman, vice chairperson, shall designate the 3 chair; and 4 (2) vice-chairman vice chairperson of the legislative council, 5 with the advice of the chairman, chairperson, shall designate a 6 vice-chair; vice chair; 7 of the committee from among the legislative members of the 8 committee. The chair and vice-chair vice chair of the committee serve 9 at the pleasure of the appointing authority. 10 (e) Each member of the committee is entitled to receive the same 11 per diem, mileage, and travel allowances paid to individuals who serve 12 as legislative and lay members, respectively, of interim study 13 committees established by the legislative council. 14 (f) The historical bureau shall provide staff support to the 15 committee. 16 (g) Expenses incurred by the committee to carry out its functions 17 must be paid from appropriations to the Indiana library and historical 18 board. 19 SECTION 224. IC 4-23-15-1 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is created 21 a commission to be known as the governor's residence commission. 22 This commission shall consist of seven (7) members, who shall each be 23 appointed by and serve at the pleasure and discretion of the governor; 24 and the governor shall be ex officio chairman chairperson of the 25 commission. 26 (b) The commissioners shall each year designate one (1) member to 27 serve as vice chairman, chairperson, who shall act as chairman 28 chairperson in the absence of the chairman, chairperson, and one (1) 29 member to serve as secretary, who shall be responsible for maintaining 30 records of the proceedings of the commission, and such other officers 31 as the commission deems necessary or desirable. 32 (c) All contracts, applications for grants, and other documents shall 33 be executed in the name of the commission either by the chairman 34 chairperson of the commission or, when authorized by resolution of 35 the commission, by the vice chairman, chairperson, and shall be 36 attested by the secretary. 37 (d) The members of the commission shall not be required to devote 38 their full time to their duties, but shall devote such time as is necessary 39 to carry out their duties under this chapter. The members of the 40 commission shall serve without pay, but shall be reimbursed for their 41 reasonable and necessary expenses actually incurred in carrying out 42 their duties. 2024 IN 1267—LS 6912/DI 92 121 1 SECTION 225. IC 4-23-24.1-4 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The governor 3 shall annually designate one (1) of the members appointed under 4 section 3(1) of this chapter as chairman chairperson of the 5 commission. 6 (b) Members of the commission appointed under subsection 3(1) of 7 this chapter serve a four (4) year term. 8 SECTION 226. IC 4-30-4-3 IS AMENDED TO READ AS 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The governor shall 10 annually select from the members a chairman chairperson and the 11 commission shall annually select from the members any other officers 12 necessary. 13 SECTION 227. IC 4-30-4-4 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The commission 15 shall meet at least once each quarter or more often at the call of the 16 chairman chairperson or the director. IC 5-14-1.5 (the open door law) 17 applies to the commission's meetings. 18 SECTION 228. IC 4-31-3-3 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The governor shall 20 designate a member of the commission to serve as chairman. 21 chairperson. 22 SECTION 229. IC 4-31-3-6 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Each member of the 24 commission shall execute a surety bond in the penal sum of ten 25 thousand dollars ($10,000). To the extent a member of the commission 26 is already covered by a bond required by state law, the member need 27 not obtain another bond as long as the bond required by state law is at 28 least equal to the penal sum specified in this section and covers the 29 member's activities for the commission. Instead of a bond, the chairman 30 chairperson of the commission may execute a blanket surety bond 31 covering each member and the employees or other officers of the 32 commission. Each surety bond must be conditioned upon the faithful 33 performance of the duties of the office of the member and shall be 34 issued by a surety company authorized to transact business in Indiana. 35 At all times after the issuance of a surety bond, each member shall 36 maintain the surety bond in full force and effect. All costs of the surety 37 bonds shall be paid by the commission. 38 SECTION 230. IC 4-32.3-5-11, AS AMENDED BY P.L.145-2021, 39 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 11. (a) Except as provided in subsections (c) 41 through (e), an operator or a worker may not directly or indirectly 42 participate, other than in a capacity as an operator or a worker, in an 2024 IN 1267—LS 6912/DI 92 122 1 allowable activity that the operator or worker is conducting. 2 (b) A patron at a casino game night may deal the cards in a card 3 game if: 4 (1) the card game in which the patron deals the cards is a 5 qualified card game; 6 (2) the patron deals the cards in the manner required in the 7 ordinary course of the qualified card game; and 8 (3) the qualified card game is played under the supervision of the 9 qualified organization conducting the casino game night in 10 accordance with section 12 of this chapter (in the case of a game 11 of Texas hold'em poker or Omaha poker) and any rules adopted 12 by the commission. 13 A patron who deals the cards in a qualified card game conducted under 14 this subsection is not considered a worker or an operator for purposes 15 of this article. 16 (c) A worker at a festival event may participate as a player in any 17 gaming activity offered at the festival event except as follows: 18 (1) A worker may not participate in any game during the time in 19 which the worker is conducting or helping to conduct the game. 20 (2) A worker who conducts or helps to conduct a pull tab, 21 punchboard, or tip board event during a festival event may not 22 participate as a player in a pull tab, punchboard, or tip board 23 event conducted on the same calendar day. 24 (d) A worker at a bingo event: 25 (1) whose duties are limited to: 26 (A) selling bingo supplies; 27 (B) selling tickets for a raffle conducted at the bingo event; or 28 (C) the duties described in both clauses (A) and (B); 29 (2) who has completed all of the worker's duties before the start 30 of the first bingo game of the bingo event; and 31 (3) who is not engaged as a worker at any other time during the 32 bingo event; 33 may participate as a player in any gaming activity offered at the bingo 34 event following the completion of the worker's duties at the bingo 35 event. 36 (e) A worker at a raffle conducted by a qualified organization may 37 purchase a raffle ticket for a particular drawing at the raffle, subject to 38 the following: restrictions: 39 (1) The worker may not only purchase a raffle ticket from himself 40 or herself. another worker. 41 (2) The worker may not participate in the drawing of a winner. 42 SECTION 231. IC 4-37-3-1, AS AMENDED BY P.L.189-2018, 2024 IN 1267—LS 6912/DI 92 123 1 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 1. The corporation is governed by a board of 3 trustees that consists of the following members: 4 (1) Thirteen (13) persons appointed by the governor who are 5 voting members. The governor's appointments under this 6 subdivision must meet the following criteria: 7 (A) Each member must be a resident of Indiana. 8 (B) Not more than two (2) members may reside in the same 9 county. 10 (C) At least one (1) member must be a recognized supporter of 11 historic sites. 12 (D) Not more than seven (7) members may be from the same 13 political party. 14 (2) One (1) person who is appointed at-large by the governor and 15 who is a voting member. The member appointed under this 16 subdivision must be a resident of Indiana but may reside in any 17 county. 18 (3) Twelve (12) persons appointed by the board who are voting 19 members. The board's appointments under this subdivision must 20 meet the following criteria: 21 (A) Each member must be a resident of Indiana. 22 (B) Not more than two (2) members may reside in the same 23 county. 24 (C) At least one (1) member must be a recognized supporter of 25 historic sites. 26 (D) Not more than six (6) members may be from the same 27 political party. 28 (4) One (1) person who is appointed at-large by the board and 29 who is a voting member. The member appointed under this 30 subdivision must be a resident of Indiana but may reside in any 31 county. 32 (5) The following persons serve as nonvoting members of the 33 board: 34 (A) The chief executive officer. 35 (B) The governor or the governor's designee. 36 (C) One (1) member of the house of representatives appointed 37 by the chairman chairperson of the legislative council. 38 (D) One (1) member of the senate appointed by the chairman 39 chairperson of the legislative council. 40 (E) The director of the department of natural resources or the 41 director's designee. 42 The members appointed under clauses (C) and (D) must be from 2024 IN 1267—LS 6912/DI 92 124 1 different political parties and serve at the pleasure of the chairman 2 chairperson of the legislative council. 3 SECTION 232. IC 5-1-7-2, AS AMENDED BY P.L.2-2005, 4 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2024]: Sec. 2. The contract entered into by the board of 6 commissioners of any county and any such bondholder shall be signed 7 by the parties to such contract, shall be attested on behalf of the county 8 by the county auditor, and shall stipulate and agree that the board of 9 commissioners of the county will pay all interest on such matured bond 10 to the date of the maturity thereof, and that a new bond (referred to in 11 this chapter as a redemption bond) in the same amount as the matured 12 bond, will be issued to pay and retire such matured bond, and that such 13 redemption bond will be and continue to be a valid and binding 14 obligation of the county and that during the period fixed in the contract 15 not exceeding ten (10) years the board of commissioners will pay 16 annually to the owner of such redemption bond, one-tenth (1/10) of the 17 principal amount of such redemption bond and, in addition thereto, will 18 pay semiannually all interest which shall have accrued thereon to the 19 date when such payment is to be made. The date on which such partial 20 payments of the principal of such bond will be made shall be fixed and 21 prescribed in such contract and may be on June 1 or December 1 of the 22 year next succeeding the year in which such contract is executed and 23 signed and June 1 or December 1 of each and every year thereafter 24 until paid. The interest accrued on such bond shall be paid 25 semiannually on June 1 and December 1, beginning on the same date 26 as the first partial payment on such bond. The board of commissioners 27 shall further agree to levy a tax on the taxable property of such county 28 in an amount sufficient to make the payments on such redemption 29 bonds as they fall due, together with all interest which shall have 30 accrued thereon. Any bondholder who elects to avail himself or herself 31 the bondholder of the provisions of this chapter shall agree that in 32 consideration of the privilege hereby afforded the bondholder will not 33 maintain or attempt to maintain a suit for the collection or the 34 enforcement of the lien of any such bond, other than in accordance with 35 the remedies afforded by the provisions of this chapter. The form of the 36 contract herein contemplated shall be prescribed by the state board of 37 accounts with the approval of the attorney general. At the time when 38 the contract is executed and the redemption bond is issued, the matured 39 bond shall be surrendered to the county auditor and shall be canceled 40 by writing across the face of the matured bond the words "Canceled by 41 issuing to ______ a redemption bond in the same principal sum as this 42 bond, due and payable on the ______ day of ______, 20____.". 2024 IN 1267—LS 6912/DI 92 125 1 SECTION 233. IC 5-1-17.5-35, AS ADDED BY P.L.233-2013, 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: Sec. 35. Each lease under section 32 of this chapter 4 must be authorized by resolution of the board, which shall be entered 5 in the official records of the commission. Such a lease must be 6 executed on behalf of the commission by the chair or the vice-chair 7 vice chair and the secretary-treasurer of the commission, and on behalf 8 of the authority by the chairman chairperson or the vice chairman 9 chairperson of the authority and the public finance director. 10 SECTION 234. IC 5-1.4-2-3 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The board shall do 12 the following: 13 (1) Elect from its membership a chairman chairperson and a vice 14 chairman. chairperson. 15 (2) Appoint and fix the duties and compensation of an executive 16 director, who shall serve as both secretary and treasurer. The 17 executive director may be the fiscal officer of the city, in which 18 case the executive director will receive no compensation for 19 services performed as the executive director. 20 (3) Establish and maintain the office of the bank in the city. 21 SECTION 235. IC 5-1.4-5-4 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) In order to assure 23 the maintenance of the required debt service reserve in any reserve 24 fund, the legislative body of the city may annually appropriate to the 25 bank for deposit in one (1) or more of the funds the sum, certified by 26 the chairman chairperson of the board to the legislative body, that is 27 necessary to restore one (1) or more of the funds to an amount equal to 28 the required debt service reserve. The chairman chairperson annually, 29 before December 1, shall make and deliver to the legislative body a 30 certificate stating the sum required to restore the funds to that amount. 31 Nothing in this subsection creates a debt or liability of the city to make 32 any appropriation. 33 (b) All amounts received on account of money appropriated by the 34 legislative body of the city to any reserve fund shall be held and 35 applied in accordance with section 1(b) of this chapter. However, at the 36 end of each fiscal year, if the amount in any reserve fund exceeds the 37 required debt service reserve, any amount representing earnings or 38 income received on account of any money appropriated to the reserve 39 fund that exceeds the expenses of the bank for that fiscal year may be 40 transferred to the general fund of the city. 41 SECTION 236. IC 5-1.4-7-3 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A trustee 2024 IN 1267—LS 6912/DI 92 126 1 appointed under section 2 of this chapter shall, in the trustee's name, 2 upon written request of the holders of twenty-five percent (25%) in 3 principal amount of the outstanding notes or bonds: 4 (1) by civil action enforce all rights of the holders, including the 5 right to require the bank to: 6 (A) collect rates, charges, and other fees and to collect interest 7 and principal payments on securities held by it adequate to 8 carry out an agreement as to, or pledge of, the rates, charges, 9 and other fees and of the interest and principal payments; and 10 (B) carry out any other agreements with the holders of the 11 notes or bonds and to perform its duties under this article; 12 (2) bring a civil action upon the notes or bonds; 13 (3) by civil action require the bank to account as if it were the 14 trustee of an express trust for the holders of the notes or bonds; 15 (4) by civil action enjoin anything that may be unlawful or in 16 violation of the rights of the holders of the notes or bonds; and 17 (5) declare all the notes or bonds due and payable, and if all 18 defaults are made good, then with the consent of the holders of 19 twenty-five percent (25%) of the principal amount of the 20 outstanding notes or bonds, annul the declaration and its 21 consequences. 22 (b) The trustee also has all the powers necessary for the exercise of 23 functions specifically set out or incident to the general representation 24 of holders in the enforcement and protection of their rights. 25 (c) The venue of any suit, action, or proceeding brought by the 26 trustee on behalf of the holders shall be laid in the county in which the 27 bank is located. 28 (d) Before declaring the principal of notes or bonds due and 29 payable, the trustee must first give not less than thirty (30) days notice 30 in writing to the chairman chairperson of the board and the board's 31 attorney. 32 SECTION 237. IC 5-1.4-9-5 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The chairman 34 chairperson of the board of the bank is authorized to receive from the 35 United States or any department or agency thereof any amount of 36 money as and when appropriated, allocated, granted, turned over, or in 37 any way provided for the purposes of the bank or this article. Those 38 amounts shall, unless otherwise directed by the federal authority, be 39 credited to and deposited in the general fund and be available to the 40 bank. 41 SECTION 238. IC 5-1.5-2-2, AS AMENDED BY P.L.259-2019, 42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2024 IN 1267—LS 6912/DI 92 127 1 JULY 1, 2024]: Sec. 2. (a) There is established a board of directors to 2 govern the bank. The powers of the bank are vested in this board. 3 (b) The board is composed of: 4 (1) the treasurer of state, who shall be the chairman chairperson 5 ex officio, or the treasurer of state's designee; 6 (2) the public finance director appointed under IC 5-1.2-3-6, who 7 shall be the director ex officio, or the public finance director's 8 designee; and 9 (3) five (5) directors appointed by the governor. 10 (c) Each of the five (5) directors appointed by the governor: 11 (1) must be a resident of Indiana; 12 (2) must have substantial expertise in the buying, selling, and 13 trading of municipal securities, in municipal administration or in 14 public facilities management; 15 (3) serves for a term of three (3) years and until the director's 16 successor is appointed and qualified; 17 (4) is eligible for reappointment; 18 (5) is entitled to receive the same minimum salary per diem as is 19 provided in IC 4-10-11-2.1(b) while performing the director's 20 duties. Such a director is also entitled to the same reimbursement 21 for traveling expenses and other expenses, actually incurred in 22 connection with the director's duties as is provided in the state 23 travel policies and procedures, established by the department of 24 administration and approved by the budget agency; and 25 (6) may be removed by the governor for cause. 26 (d) Any vacancy on the board, other than by expiration of term, shall 27 be filled by appointment of the governor for the unexpired term only. 28 SECTION 239. IC 5-1.5-2-3 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The board shall: 30 (1) elect one (1) of its members vice chairman; chairperson; 31 (2) appoint and fix the duties and compensation of an executive 32 director, who shall serve as both secretary and treasurer; and 33 (3) establish and maintain the office of the bank in Indianapolis. 34 SECTION 240. IC 5-1.5-5-4, AS AMENDED BY P.L.259-2019, 35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (c), and in 37 order to assure the maintenance of the required debt service reserve in 38 any reserve fund, a resolution authorizing the bank to issue bonds or 39 notes may include a provision stating that: 40 (1) the general assembly may annually appropriate to the bank for 41 deposit in one (1) or more of the funds the sum, certified by the 42 chairman chairperson of the board to the general assembly, that 2024 IN 1267—LS 6912/DI 92 128 1 is necessary to restore one (1) or more of the funds to an amount 2 equal to the required debt service reserve; and 3 (2) the chairman chairperson annually, before December 1, shall 4 make and deliver to the general assembly a certificate stating the 5 sum required to restore the funds to that amount. 6 Nothing in this subsection creates a debt or liability of the state to make 7 any appropriation. 8 (b) All amounts received on account of money appropriated by the 9 state to any reserve fund shall be held and applied in accordance with 10 section 1(b) of this chapter. However, at the end of each fiscal year, if 11 the amount in any reserve fund exceeds the required debt service 12 reserve, any amount representing earnings or income received on 13 account of any money appropriated to the reserve fund that exceeds the 14 expenses of the bank for that fiscal year may be transferred to the 15 general fund of the state. 16 (c) Notwithstanding any other law, and except as provided by 17 subsection (d), after June 30, 2005, the: 18 (1) issuance by the bank of any indebtedness that incorporates the 19 provisions set forth in subsection (a) or otherwise establishes a 20 procedure for the bank or a person acting on behalf of the bank to 21 certify to the general assembly the amount needed to restore a 22 reserve fund or another fund to required levels; or 23 (2) execution by the bank of any other agreement that creates a 24 reserve fund subject to subsection (a) to pay all or part of any 25 indebtedness issued by the bank; 26 is subject to the conditions set forth in subsection (e) and review by the 27 budget committee and approval by the budget director as required by 28 subsection (f). 29 (d) If the budget committee does not conduct a review of a proposed 30 transaction under subsection (c) within twenty-one (21) days after a 31 request by the bank, the review is considered to have been conducted. 32 If the budget director does not approve or disapprove a proposed 33 transaction under subsection (c) within twenty-one (21) days after a 34 request by the bank, the transaction is considered to have been 35 approved. 36 (e) Issuance by the bank of any indebtedness that establishes a 37 reserve fund under subsection (a), the establishment of a procedure for 38 certification, or the execution by the bank of any other agreement that 39 creates a reserve fund subject to subsection (a) may be extended only 40 for a project or a purpose that: 41 (1) can be financed by a qualified entity under the law applying 42 to financing by the qualified entity; or 2024 IN 1267—LS 6912/DI 92 129 1 (2) is specifically authorized by the general assembly. 2 A reserve fund established under subsection (a) may be used only to 3 finance the purchase of securities (as defined in IC 5-1.5-1-10) issued 4 by entities described in IC 5-1.5-1-8. 5 (f) The budget director may approve establishing a reserve fund 6 under subsection (a) only if the following conditions are satisfied: 7 (1) The project or purpose qualifies under subsection (e). 8 (2) The documentation required by subsection (g) has been 9 provided by the bank. 10 (3) The bank has provided the budget agency with a written 11 finding that revenues available to the qualified entity to pay 12 annual debt service exceed the annual debt service requirements 13 by at least twenty percent (20%). 14 (4) If the financing is for a project or purpose that will produce 15 ongoing revenue from fees or user charges, the qualified entity 16 agrees to include a provision in the instrument governing the 17 qualified entity's duties with respect to the security (as defined in 18 IC 5-1.5-1-10) that the qualified entity will first increase the rate 19 of the fees or user charges, or both, by an amount sufficient to 20 satisfy any shortfall in the reserve fund established under 21 subsection (a) before subsection (a) is to be applied. 22 (5) A qualified entity seeking the benefit of a reserve fund 23 established under subsection (a) agrees to include a provision in 24 the instrument governing the qualified entity's duties with respect 25 to the security (as defined in IC 5-1.5-1-10) that the qualified 26 entity will pledge sufficient property taxes, user fees, hook up 27 fees, connection fees, or any other available local revenues or any 28 combination of those revenues that will be sufficient to satisfy any 29 shortfall in the reserve fund established under subsection (a) 30 before subsection (a) is to be applied. 31 (6) A qualified entity seeking the benefit of a reserve fund 32 established under subsection (a) agrees to include a provision in 33 the instrument governing the qualified entity's duties with respect 34 to the security (as defined in IC 5-1.5-1-10) requiring that the 35 qualified entity establish and maintain its own separate reserve 36 fund or account under the governing instrument, in an amount to 37 be determined by the budget director, upon the recommendation 38 of the bank, in order to provide an additional margin of security 39 for the security before subsection (a) is to be applied. 40 (g) Notwithstanding any other law, if any amounts are appropriated 41 by the general assembly and transferred to the bank for deposit in a 42 reserve fund under subsection (a) as a result of a default by a qualified 2024 IN 1267—LS 6912/DI 92 130 1 entity on its security, to the extent that any department or agency of the 2 state, including the treasurer of state, is the custodian of money payable 3 to such qualified entity (other than for goods or services provided by 4 the qualified entity), at any time after written notice to the department 5 or agency head from the bank that the qualified entity is in default on 6 the payment of principal of or interest on the securities of the qualified 7 entity then held or owned by or arising from an agreement with the 8 bank, the applicable department or agency shall recover any amounts 9 appropriated by the general assembly for deposit in a reserve fund 10 under subsection (a) by: 11 (1) making deductions and withholding from any future amounts 12 that would otherwise be available for distribution to the qualified 13 entity under any other law, until an amount equal to the 14 appropriation has been deducted and withheld; and 15 (2) transferring any amounts so deducted and withheld from time 16 to time to the treasurer of state for the purpose of allowing the 17 treasurer of state to reimburse the fund or account of the state 18 from which the appropriation was made. 19 A deduction under this subsection must be made, first, from local 20 income tax distributions under IC 6-3.6-9, and, second, from any other 21 undistributed funds of the qualified entity in the possession of the state. 22 However, the deduction and withholding of payment from a qualified 23 entity and reimbursement to the fund or account of the state from which 24 the appropriation was made under this section must not adversely affect 25 the validity of the security in default. 26 (h) If the bank proposes that a reserve fund be established under 27 subsection (a) for a project or purpose, the bank shall provide to the 28 budget committee and the budget agency at or before the time of the 29 bank's request, the following information in writing: 30 (1) A description of the project or purpose. 31 (2) How the project or purpose satisfies the requirements of 32 subsection (e). 33 (3) The qualified entity's application for financing that was filed 34 with the bank. 35 (4) The estimated relative savings that can be achieved by 36 establishing a reserve fund under subsection (a). 37 (5) The finding required by subsection (f)(3) and proposed 38 language for those instrument provisions required by subsection 39 (f)(4) through (f)(6), if applicable. 40 (6) Any other information required by the budget committee or 41 budget agency. 42 SECTION 241. IC 5-1.5-6.5-4, AS AMENDED BY P.L.235-2005, 2024 IN 1267—LS 6912/DI 92 131 1 SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (d), 3 whenever a reserve fund for an issue of bonds or notes issued to 4 purchase securities specified in section 1(b) of this chapter does not 5 contain the required debt service reserve (as defined in 6 IC 5-1.5-5-1(b)), the chairman chairperson of the board shall 7 immediately: 8 (1) transfer to the reserve fund the amount needed to restore the 9 required debt service reserve first from the capital interest fund 10 and, to the extent necessary, from the capital principal fund; and 11 (2) certify the amounts transferred to the general assembly. 12 (b) The general assembly may appropriate to the bank for deposit in 13 the capital principal fund the amount transferred from the fund to 14 restore required debt service reserves. Nothing in this subsection 15 creates a debt or a liability of the state to make any appropriation. 16 (c) Appropriations made to the capital principal fund do not revert 17 to the state general fund at the end of any fiscal year. 18 (d) Notwithstanding any other law, and except as provided by 19 subsection (e), after June 30, 2005, the: 20 (1) issuance by the bank of any indebtedness that incorporates the 21 provisions set forth in subsection (a) or otherwise establishes a 22 procedure for the bank or a person acting on behalf of the bank to 23 certify to the general assembly the amount needed to restore a 24 reserve fund or another fund to required levels; or 25 (2) execution by the bank of any other agreement that creates a 26 moral obligation of the state to pay all or part of any indebtedness 27 issued by the bank; 28 is subject to review by the budget committee and approval by the 29 budget director. 30 (e) If the budget committee does not conduct a review of a proposed 31 transaction under subsection (d) within twenty-one (21) days after a 32 request by the bank, the review is considered to have been conducted. 33 If the budget director does not approve or disapprove a proposed 34 transaction under subsection (d) within twenty-one (21) days after a 35 request by the bank, the transaction is considered to have been 36 approved. 37 SECTION 242. IC 5-1.5-7-3 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A trustee 39 appointed under section 2 of this chapter shall, in his the trustee's 40 name, upon written request of the holders of twenty-five percent (25%) 41 in principal amount of the outstanding notes or bonds: 42 (1) by civil action enforce all rights of the holders, including the 2024 IN 1267—LS 6912/DI 92 132 1 right to require the bank to: 2 (A) collect rates, charges, and other fees and to collect interest 3 and principal payments on securities held by it adequate to 4 carry out an agreement as to, or pledge of, the rates, charges, 5 and other fees and of the interest and principal payments; and 6 (B) carry out any other agreements with the holders of the 7 notes or bonds and to perform its duties under this article; 8 (2) bring a civil action upon the notes or bonds; 9 (3) by civil action require the bank to account as if it were the 10 trustee of an express trust for the holders of the notes or bonds; 11 (4) by civil action enjoin anything that may be unlawful or in 12 violation of the rights of the holders of the notes or bonds; and 13 (5) declare all the notes or bonds due and payable, and if all 14 defaults are made good, then with the consent of the holders of 15 twenty-five percent (25%) of the principal amount of the 16 outstanding notes or bonds, annul the declaration and its 17 consequences. 18 (b) The trustee also has all the powers necessary for the exercise of 19 functions specifically set out or incident to the general representation 20 of holders in the enforcement and protection of their rights. 21 (c) The venue of any suit, action, or proceeding brought by the 22 trustee on behalf of the holders shall be laid in Marion County, Indiana. 23 (d) Before declaring the principal of notes or bonds due and 24 payable, the trustee must first give not less than thirty (30) days notice 25 in writing to the chairman chairperson of the board and the attorney 26 general. 27 SECTION 243. IC 5-1.5-9-5 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The treasurer of the 29 state, as chairman chairperson of the board of the bank, is authorized 30 to receive from the United States of America or any department or 31 agency thereof any amount of money as and when appropriated, 32 allocated, granted, turned over, or in any way provided for the purposes 33 of the bank or this article, and those amounts shall, unless otherwise 34 directed by the federal authority, be credited to and deposited in the 35 general fund, and be available to the bank. 36 SECTION 244. IC 5-2-2-3 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The commission 38 shall meet immediately after its appointment in accordance with 39 section 2 of this chapter. It shall elect a chairman, chairperson, vice 40 chairman, chairperson, and secretary-treasurer and is authorized to 41 employ an executive director who shall be the executive head and shall 42 be responsible to the commission in carrying out the instructions of the 2024 IN 1267—LS 6912/DI 92 133 1 commission as it fulfills the assigned statutory duties. The commission 2 shall be empowered to employ all other necessary assistants, counsel, 3 and consultants to carry out the provisions of this chapter. The 4 commission shall meet at least once each year and shall hold upon the 5 call of the chairman, chairperson, or a majority of the members, such 6 special meetings as are necessary. The presence of four (4) members 7 shall constitute a quorum for doing business. At least four affirmative 8 votes shall be required for the passage of any matter put to vote of the 9 commission. 10 SECTION 245. IC 5-2-2-14, AS AMENDED BY P.L.2-2007, 11 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 14. (a) For the purpose of providing funds to carry 13 out the provisions of this chapter with respect to the construction and 14 equipment of a building or buildings for use as a law enforcement 15 academy and acquiring or providing a site therefor, the commission is 16 authorized pursuant to resolution or resolutions to issue and sell 17 interest bearing law enforcement academy revenue debentures in any 18 amount not to exceed three million two hundred thousand dollars 19 ($3,200,000) and bearing such date or dates, and maturing at such time 20 or times not exceeding forty (40) years from their respective dates, 21 bearing interest at such rate or rates payable semiannually, in such 22 form, carrying such registration privileges payable at such place or 23 places, and may be made subject to redemption prior to maturity in 24 such manner, at such time, and upon such terms with or without 25 premium, all as may be provided by the pertinent resolution and 26 expressed on the face of the respective debentures. Such debentures 27 shall be signed by the chairman chairperson of the commission, 28 attested by the secretary, and with the seal of said commission affixed, 29 provided, that the signature of the chairman chairperson may be a 30 facsimile thereof imprinted thereon. Interest on said debentures when 31 issued shall be evidenced by attached interest coupons bearing the 32 facsimile of the signatures of said chairman chairperson and secretary. 33 Such debentures and the interest coupons thereto attached when issued 34 shall have all the qualities of negotiable instruments under the law 35 merchant and shall be incontestable in the hands of a bona fide 36 purchaser or holder thereof for value, and such debentures and interest 37 thereon shall be exempt from all taxation except the financial 38 institutions tax and estate, inheritance, or gift taxes imposed by law. 39 Such debentures shall be sold at public sale in accordance with the 40 provisions of IC 21-32-3. In determining the amount of such 41 debentures to be issued and sold there may be included the cost of 42 construction, the cost of all land and clearings thereof and 2024 IN 1267—LS 6912/DI 92 134 1 improvements thereto, including walks, drives, and other 2 appurtenances, material and labor which are deemed necessary, cost of 3 equipment, financing charges, interest accruing on the debentures prior 4 to and during the construction period, and all other expenses, including 5 legal fees, engineers' and architects' fees, and all other expenses 6 necessary or incident to the construction and equipment of the building 7 or buildings and the acquisition and providing a site therefor. The 8 proceeds of such debentures are hereby appropriated for the purpose 9 for which the debentures may be issued under this chapter and such 10 proceeds shall be deposited and disbursed in accordance with such 11 provisions and restrictions as the commission may provide in the 12 resolution authorizing the issuance thereof. Any debentures issued 13 under the provisions of this chapter may be thereafter refinanced 14 through the issuance of refunding debentures subject to such 15 restrictions or conditions as may be provided in the resolution 16 authorizing the issuance of such debentures in the first instance and in 17 the issuance of such refunding debentures, the maturities and other 18 details thereof, the rights of the holders thereof, and the rights, duties, 19 and obligations of the commission in all respects thereto shall be 20 governed by the provisions of this chapter insofar as the same may be 21 applicable. 22 (b) The debentures issued under the provisions of this chapter shall 23 constitute only the corporate obligations of said commission payable 24 solely and only from and secured exclusively by pledge of the income 25 and revenue of such building or buildings remaining after payment or 26 provisions for payment of the expenses of operation, maintenance, and 27 repair of said building or buildings to the extent such expenses of 28 operation, maintenance, and repair are not otherwise provided, and it 29 shall be plainly stated on the face of each such debenture that same 30 does not constitute an indebtedness of the state of Indiana within the 31 meaning or application of any constitutional provision or limitation but 32 that it is payable solely and only as to both principal and interest from 33 the net revenues of such building or buildings. The provisions of this 34 chapter and the covenants and undertakings of the commission as 35 expressed in any proceedings preliminary to or in connection with the 36 issuance of the debentures may be enforced by any debenture holder by 37 suit for injunction or mandamus against the commission or any officer, 38 agent, or employee thereof, but in no event can any suit for monetary 39 judgement be brought against the state of Indiana for any violations 40 under the provisions of this chapter. 41 SECTION 246. IC 5-2-6-4, AS AMENDED BY P.L.161-2018, 42 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2024 IN 1267—LS 6912/DI 92 135 1 JULY 1, 2024]: Sec. 4. (a) The board of trustees is composed of: 2 (1) the governor, or the governor's designee, who shall act as 3 chairman; chairperson; 4 (2) the attorney general, or the attorney general's designee; 5 (3) the superintendent of state police, or the superintendent's 6 designee; 7 (4) the commissioner of the department of correction, or the 8 commissioner's designee; 9 (5) the executive director of the prosecuting attorneys council; 10 (6) the chief administrative officer of the office of judicial 11 administration; 12 (7) the executive director of the public defenders council; 13 (8) the state public defender; 14 (9) eight (8) persons who are appointed by and who serve at the 15 pleasure of the governor, including: 16 (A) one (1) sheriff; 17 (B) one (1) chief of police; 18 (C) one (1) judge of a court with both juvenile jurisdiction and 19 general criminal jurisdiction; and 20 (D) five (5) citizens who have manifested an interest in 21 criminal or juvenile justice, one (1) of whom shall be a 22 member of the state advisory group under the Juvenile Justice 23 Act. 24 (b) The president pro tempore of the senate, or a senator appointed 25 by the president pro tempore, and the speaker of the house of 26 representatives, or a representative appointed by the speaker, may serve 27 as nonvoting advisors to the trustees. 28 (c) Trustees appointed by the governor serve an initial three (3) year 29 term and may be reappointed for additional terms. The additional terms 30 may be four (4) years in length. 31 (d) Membership on the board of trustees does not constitute holding 32 a public office. 33 SECTION 247. IC 5-2-6-5, AS AMENDED BY P.L.100-2012, 34 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 5. (a) The institute is composed of: 36 (1) the trustees; and 37 (2) a research and information consortium. 38 (b) The trustees shall: 39 (1) evaluate and disseminate to the public information concerning 40 the cost and effectiveness of the criminal and juvenile justice 41 systems; 42 (2) promote coordination and cooperation for the effective 2024 IN 1267—LS 6912/DI 92 136 1 administration of the criminal and juvenile justice systems; 2 (3) establish plans for the criminal and juvenile justice systems 3 and make recommendations concerning the implementation of 4 these plans; 5 (4) encourage and assist in the organization of an academic 6 consortium for the purpose of engaging in research; 7 (5) receive, expend, and account for state funds made available 8 for the purposes of this chapter; 9 (6) apply for and accept gifts and grants (which must be 10 administered as public funds) made for the purposes of this 11 chapter; 12 (7) enter into lawful agreements as required as a condition for 13 receiving gifts, grants, or other funds for the purposes of this 14 chapter; 15 (8) employ a director; 16 (9) adopt rules, under IC 4-22-2, necessary to carry out the 17 purposes of this chapter; and 18 (10) promulgate guidelines concerning participation in the 19 research and information consortium. 20 (c) The research and information consortium is composed of state 21 educational institutions that are engaged in criminal or juvenile justice 22 research under the direction of the trustees. A state or local 23 governmental entity may participate in the consortium. The consortium 24 shall act as an advisory body to the institute and perform other related 25 functions as requested by the trustees. 26 (d) The trustees shall meet quarterly and at such times as called by 27 the chairman. chairperson. A majority of the trustees constitutes a 28 quorum for doing business. A majority vote of the trustees is required 29 for passage of any matter put to a vote. The trustees shall establish 30 procedures and requirements with respect to the place and conduct of 31 their meetings. 32 (e) A trustee is not entitled to the minimum salary per diem as 33 provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A 34 trustee is entitled to reimbursement for traveling expenses and other 35 expenses actually incurred in connection with the trustee's duties, as 36 provided in the state travel policies and procedures established by the 37 department of administration and approved by the state budget agency. 38 SECTION 248. IC 5-2-6-8 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The institute has 40 the following four (4) divisions: 41 (1) The criminal justice division. 42 (2) The juvenile justice division. 2024 IN 1267—LS 6912/DI 92 137 1 (3) The research division, which may be referred to as the center 2 for criminal justice research and information. 3 (4) The victim services division. 4 (b) The chairman chairperson of the trustees shall assign each of 5 the trustees to participate in the administration of at least one (1) of the 6 divisions. The chairman chairperson shall annually appoint four (4) 7 vice chairmen, chairpersons, each of whom shall preside over a 8 division of the institute. 9 (c) Each division shall primarily concern itself with: 10 (1) the operation of the criminal justice system, the juvenile 11 justice system, or criminal justice system related research; or 12 (2) the provision of victim services. 13 However, the trustees must approve any official action of the institute 14 unless the trustees authorize a division to act with respect to specific 15 decisions. 16 SECTION 249. IC 5-8-5-4, AS AMENDED BY P.L.119-2005, 17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 4. (a) If the town council is reasonably satisfied 19 that any circumstance has occurred under IC 36-5-2-6.5(3), the council 20 may, by an affirmative vote of a majority of the members appointed to 21 the body, vote to declare a vacancy in the town council membership. 22 The member who is alleged to have vacated the member's seat may 23 participate in the meeting as a member, but may not vote on the issue. 24 (b) If the member who is the subject of the petition or motion does 25 not attend the meeting at which the town council makes the 26 determination that a vacancy exists, the town council shall mail notice 27 of its determination to the member. 28 (c) If the town council determines that a vacancy exists, the town 29 clerk-treasurer shall give the circuit court clerk notice of the 30 determination not later than five (5) days after the date of the town 31 council's determination. The circuit court clerk shall give notice to the 32 county chairman chairperson if a caucus is required under IC 3-13-11 33 to fill the vacancy. 34 SECTION 250. IC 5-8-6-5, AS ADDED BY P.L.119-2005, 35 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 5. (a) When the secretary of state: 37 (1) obtains information concerning the death of an individual who 38 holds a legislative office (as defined in IC 3-5-2-28); and 39 (2) is reasonably satisfied that the information described in 40 subdivision (1) is true; 41 the secretary of state shall give notice of the death to the state chairman 42 chairperson of the political party that elected or selected the deceased 2024 IN 1267—LS 6912/DI 92 138 1 individual. 2 (b) The secretary of state shall give the notice required by 3 subsection (a) not later than seventy-two (72) hours after the 4 requirements of subsection (a)(1) and (a)(2) are satisfied. 5 SECTION 251. IC 5-10.5-6-6, AS ADDED BY P.L.20-2019, 6 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 6. If during a state fiscal year beginning after June 8 30, 2018, the system performs a stress test or a risk assessment on any 9 of the public pension and retirement funds of the system, including a 10 sensitivity analysis of funding status, the director, or another suitable 11 person designated by the director, shall before November 1 of the 12 following state fiscal year: 13 (1) submit a report describing the stress tests and risk assessments 14 performed and the results of those tests and risk assessments to 15 the interim study committee on pension management oversight 16 established by IC 2-5-1.3-4 in an electronic format under 17 IC 5-14-6; and 18 (2) upon request from the chairman chairperson of the interim 19 study committee on pension management oversight, present a 20 summary of the information described in subdivision (1) to the 21 interim study committee on pension management oversight. 22 SECTION 252. IC 5-13-12-2, AS AMENDED BY THE 23 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL 24 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2024]: Sec. 2. (a) The board for depositories consists of the 26 governor, the treasurer of state, the auditor of state comptroller, the 27 chairperson of the department of financial institutions, the chief 28 examiner of the state board of accounts, and four (4) appointed 29 members. For appointments after June 30, 2010, one (1) member shall 30 be appointed by the speaker of the house of representatives, one (1) 31 member shall be appointed by the president pro tempore of the senate, 32 and two (2) members shall be appointed by the governor. All appointed 33 members must be residents of Indiana. The speaker of the house of 34 representatives shall make the appointment to fill the first vacancy on 35 the board, and the president pro tempore of the senate shall make the 36 appointment to fill the second vacancy on the board that occurs after 37 June 30, 2010. In making the governor's two (2) appointments, the 38 governor shall assure that no more than two (2) of the four (4) 39 appointees identify with the same political party. For appointments 40 after June 30, 2010, all four (4) appointed members must be a chief 41 executive officer or a chief financial officer of a depository at the time 42 of the appointment if the depository is domiciled in Indiana. If the 2024 IN 1267—LS 6912/DI 92 139 1 depository is not domiciled in Indiana, the appointee must be the most 2 senior corporate officer of the depository with management or 3 operational responsibility, or both, or the person designated to manage 4 public funds for the depository that is located in Indiana. In making the 5 governor's appointments, the governor shall provide for geographic 6 representation of all regions of Indiana, including both urban and rural 7 communities. In addition, the appointees must, at the time of the 8 appointment, be employed by the following depositories: 9 (1) One (1) member appointed by the governor who must be the 10 chief executive officer or the chief financial officer of a 11 depository that is a state chartered credit union. 12 (2) One (1) member appointed by the governor who must be 13 employed by a depository that: 14 (A) is not a state chartered credit union; and 15 (B) has total deposits of less than two hundred fifty million 16 dollars ($250,000,000). 17 (3) The member appointed by the president pro tempore of the 18 senate must be employed by a depository that: 19 (A) is not a state chartered credit union; and 20 (B) has total deposits of at least two hundred fifty million 21 dollars ($250,000,000) but less than one billion dollars 22 ($1,000,000,000). 23 (4) The member appointed by the speaker of the house of 24 representatives must be employed by a depository that: 25 (A) is not a state chartered credit union; and 26 (B) has total deposits of at least one billion dollars 27 ($1,000,000,000). 28 Total deposits shall be determined using the depository's reported 29 deposits based on the information contained in the most recent June 30 30th FDIC Summary of Deposits, Market Share Selection for Indiana. 31 The term of an appointed member is four (4) years from the effective 32 date of the member's appointment. Each appointed member holds 33 office for the term of this appointment and serves after the expiration 34 of that appointment until the member's successor is appointed and 35 qualified. An appointed member may be reappointed if the individual 36 satisfies the requirements of this subsection at the time of the 37 reappointment. Any appointed member may be removed from office 38 by, and at the pleasure of, the appointing authority. 39 (b) The officers of the board consist of a chairman, chairperson, a 40 secretary-investment manager, a vice chairman, chairperson, and other 41 officers the board determines to be necessary. The governor shall name 42 a member of the board to serve as its chairman. chairperson. The 2024 IN 1267—LS 6912/DI 92 140 1 treasurer of state shall serve as the secretary-investment manager of the 2 board. The board, by majority vote, shall elect the other officers. 3 Officers, except the secretary-investment manager, shall be named or 4 elected for one (1) year terms in January of each year. The members 5 and officers of the board are not entitled to any compensation for their 6 services but are entitled to reimbursement for actual and necessary 7 expenses on the same basis as state employees. 8 (c) Five (5) members of the board constitute a quorum for the 9 transaction of business, and all actions of the board must be approved 10 by at least a simple majority of those members voting on each 11 individual business issue. The board may adopt, amend, or repeal 12 bylaws and rules for the conduct of its meetings and the number and 13 times of its meetings. The board shall hold a regular meeting at least 14 once semiannually and may hold other regular and special meetings as 15 prescribed in its rules. All meetings of the board are open to the public 16 under IC 5-14-1.5. However, the board shall discuss the following in 17 executive session: 18 (1) The financial strength of a particular financial institution. 19 (2) The collateral requirements of a particular financial 20 institution. 21 (3) Any other matters concerning a particular financial institution. 22 All records of the board are subject to public inspection under 23 IC 5-14-3. However, records regarding matters that are discussed in 24 executive session are confidential. 25 (d) Two (2) days notice of the time and place of all meetings to 26 determine and fix the assessment rate to be paid by depositories on 27 account of insurance on public funds or the establishment or 28 redetermination of the reserve for losses of the insurance fund shall be 29 given by one (1) publication in a newspaper of general circulation 30 printed and published in the city of Indianapolis. The time, place, 31 notice, and waiver requirements for the members of the board for all 32 meetings shall be determined by its rules. The secretary-investment 33 manager of the board shall enter the board's proceedings at length in a 34 record provided for that purpose, and the records of the proceedings 35 shall be approved and signed respectively by the chairman 36 chairperson or vice chairman chairperson and attested by the 37 secretary-investment manager. 38 SECTION 253. IC 5-13-12-3, AS AMENDED BY P.L.189-2018, 39 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 3. (a) The board for depositories exercises 41 essential public functions, and has a perpetual existence. The board has 42 all powers necessary, convenient, or appropriate to carry out and 2024 IN 1267—LS 6912/DI 92 141 1 effectuate its public and corporate purposes, including but not limited 2 to the powers to do the following: 3 (1) Adopt, amend, and repeal bylaws and rules consistent with 4 this chapter to regulate its affairs and to effect the powers and 5 purposes of the board, all without the necessity of adopting a rule 6 under IC 4-22-2. 7 (2) Adopt its budget on a calendar year or fiscal year as it shall 8 determine. 9 (3) Sue and be sued in its own name. 10 (4) Have an official seal and alter it at will. 11 (5) Maintain an office or offices at a place or places within 12 Indiana as it may designate. 13 (6) Make and execute contracts and all other instruments with 14 either public or private entities. 15 (7) Communicate with the employees of the Indiana finance 16 authority to the extent reasonably desirable in working on a 17 guarantee of an economic development obligation or credit 18 enhancement obligation. 19 (8) Deposit all uninvested funds of the public deposit insurance 20 fund in a separate account or accounts in financial institutions that 21 are designated as depositories to receive state funds under 22 IC 5-13-9.5. The money in these accounts shall be paid out on 23 checks signed by the chairman chairperson or other officers or 24 employees of the board as it shall authorize. 25 (9) Take any other act necessary or convenient for the 26 performance of its duties and the exercise of its powers and 27 functions under this chapter. 28 (b) In enforcing any obligation of the borrower or any other person 29 under the documents evidencing a guarantee, the board may renegotiate 30 the guarantee, modify the rate of interest, term of the industrial 31 development obligation or credit enhancement obligation, payment of 32 any installment of principal or interest, or any other term of any 33 documents, settle any obligation on the security or receipt of property 34 or the other terms as in its discretion it deems advantageous to the 35 public deposit insurance fund, and take any other action necessary or 36 convenient to such enforcement. 37 (c) The records of the board for depositories relating to negotiations 38 between it and prospects for economic development obligation or credit 39 enhancement obligation guarantees are excepted from the provisions 40 of IC 5-14-3-3. 41 SECTION 254. IC 5-15-5.1-18, AS AMENDED BY P.L.42-2018, 42 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2024 IN 1267—LS 6912/DI 92 142 1 JULY 1, 2024]: Sec. 18. (a) The oversight committee on public records 2 consists ex officio of: 3 (1) the governor or the governor's designee; 4 (2) the secretary of state or the secretary's designee; 5 (3) the state examiner of the state board of accounts or the state 6 examiner's designee; 7 (4) the director of the state library; 8 (5) the director of the Indiana archives and records 9 administration; 10 (6) the commissioner of the department of administration or the 11 commissioner's designee; 12 (7) the public access counselor; 13 (8) the chief information officer of the office of technology 14 appointed under IC 4-13.1-2-3 or the chief information officer's 15 designee; and 16 (9) a clerk of the circuit court or a county recorder who serves on 17 a county commission of public records under IC 5-15-6, 18 appointed by the governor. 19 (b) The oversight committee also consists of two (2) lay members 20 appointed by the governor for a term of four (4) years. One (1) lay 21 member shall be a professional journalist or be a member of an 22 association related to journalism. 23 (c) The oversight committee shall elect one (1) of its members to be 24 chairman. chairperson. The director of the Indiana archives and 25 records administration shall be the secretary of the committee. The ex 26 officio members of the oversight committee shall serve without 27 compensation and shall receive no reimbursement for any expense 28 which they may incur. Each lay member is entitled to reimbursement 29 for traveling and other expenses as provided in the state travel policies 30 and procedures, established by the department of administration and 31 approved by the budget agency and each lay member is entitled to the 32 minimum salary per diem as provided in IC 4-10-11-2.1(b). 33 SECTION 255. IC 5-15-6-1, AS AMENDED BY P.L.171-2015, 34 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 1. (a) A commission is hereby created in each 36 county of the state which shall be known as the county commission of 37 public records of ________________ county. 38 (b) The county commission shall consist, ex officio, of: 39 (1) the judge of the circuit court or the judge's designee; 40 (2) the president of the board of county commissioners or the 41 president's designee; 42 (3) the county auditor or the auditor's designee; 2024 IN 1267—LS 6912/DI 92 143 1 (4) the clerk of the circuit court or the clerk's designee; 2 (5) the county recorder or the recorder's designee; 3 (6) the superintendent of schools of the school district in which 4 the county seat is located or the superintendent's designee; and 5 (7) either: 6 (A) the city controller of the county seat city or the city 7 controller's designee; or 8 (B) if there is no city controller as described in clause (A), 9 then the clerk-treasurer of the county seat city or town. 10 (c) The commission shall elect one (1) of its members to be 11 chairman. chairperson. The clerk of the circuit court or the county 12 recorder must be secretary of the commission. The person who serves 13 as secretary shall be determined as follows: 14 (1) By mutual agreement of the clerk of the circuit court and the 15 county recorder. 16 (2) If a mutual agreement cannot be reached under subdivision 17 (1), by an affirmative vote of a majority of members of the county 18 commission. 19 The commission shall provide to the administration the names and 20 contact information for the chairman chairperson and secretary not 21 later than thirty (30) days after the date of the determination. The 22 members of the county commission shall serve without compensation 23 and shall receive no disbursement for any expense. 24 (d) The county commission shall meet at least one (1) time in each 25 calendar year. 26 SECTION 256. IC 5-20-1-3, AS AMENDED BY P.L.20-2010, 27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2024]: Sec. 3. (a) There is created a public body corporate and 29 politic of the state of Indiana to be known as the "Indiana housing and 30 community development authority". The authority shall consist of the 31 following seven (7) members: 32 (1) The lieutenant governor or the lieutenant governor's designee. 33 (2) The treasurer of state, or the treasurer of state's designee. 34 (3) The public finance director of the Indiana finance authority, 35 or the public finance director's designee. 36 (4) Four (4) members appointed by the governor. 37 Not more than three (3) of the members of the authority appointed 38 under subdivision (4) shall be members of the same political party. 39 Members of the authority appointed by the governor shall serve for a 40 term of four (4) years, except that all vacancies shall be filled for the 41 unexpired term. However, any appointed member of the authority shall 42 be removable at the pleasure of the governor, with or without cause. A 2024 IN 1267—LS 6912/DI 92 144 1 member of the authority shall receive no compensation for the 2 member's services but shall be entitled to reimbursement for the 3 necessary expenses, including traveling expenses, incurred in the 4 discharge of the member's duties. Each member shall hold office until 5 the member's successor has been appointed and has qualified. A 6 certificate of appointment or reappointment of any members shall be 7 filed with the authority and this certificate shall be conclusive evidence 8 of the due and proper appointments of the member. 9 (b) The powers of the authority shall be vested in the members 10 thereof in office from time to time. A majority of the members of the 11 authority shall constitute a quorum for the purposes of conducting its 12 business and exercising its powers and for all other purposes, 13 notwithstanding the existence of any vacancies. Action may be taken 14 by the authority upon a vote of a majority of the members present, 15 unless the bylaws of the authority require a larger number. Meetings of 16 the members of the authority may be held anywhere within or outside 17 the state. 18 (c) The governor shall appoint a chairman chairperson and 19 vice-chairman vice chairperson from the members of the authority. 20 The governor shall appoint an executive director for the authority, who 21 shall serve at the pleasure of the governor and receive compensation as 22 fixed by the authority. The authority shall employ legal and technical 23 experts and such other officers, agents and employees, permanent and 24 temporary, as it may require, and shall determine their qualifications, 25 duties, and compensation. The authority may also engage independent 26 legal counsel to assist it. The authority may delegate to one (1) or more 27 of its agents or employees such powers or duties as it may deem proper. 28 (d) The authority may also contract with any entity, including the 29 Indiana finance authority, to provide staff or services, including the 30 functions of the executive director and employees of the authority, 31 under such terms as the authority determines. 32 (e) After May 14, 2005, a reference to the Indiana housing finance 33 authority in a statute, rule, or other document is considered a reference 34 to the authority as the successor agency. 35 SECTION 257. IC 5-20-1-3.5, AS ADDED BY P.L.235-2005, 36 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 3.5. Before the issuance of any bonds under this 38 chapter: 39 (1) the executive director of the authority; 40 (2) each member of the authority; and 41 (3) any other employee or agent of the authority authorized by 42 resolution of the authority to handle funds or sign checks; 2024 IN 1267—LS 6912/DI 92 145 1 shall execute a surety bond in the penal sum of fifty thousand dollars 2 ($50,000). If an individual described in subdivisions (1) through (3) is 3 already covered by a bond required by state law, the individual need 4 not obtain another bond if the bond required by state law is in at least 5 the penal sum specified in this section and covers the individual's 6 activities for the authority. In lieu of this bond, the chairman 7 chairperson of the authority may execute a blanket surety bond 8 covering each member, the executive director, and the employees or 9 other officers of the authority. Each surety bond must be conditioned 10 upon the faithful performance of the individual's duties, and shall be 11 issued by a surety company authorized to transact business in Indiana 12 as surety. At all times after the issuance of any surety bonds, these 13 surety bonds shall be maintained in full force and effect. All costs of 14 the surety bonds shall be borne by the authority. 15 SECTION 258. IC 6-2.5-3-1, AS AMENDED BY P.L.146-2020, 16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2024]: Sec. 1. For purposes of this chapter: 18 (a) "Use" means the exercise of any right or power of ownership 19 over tangible personal property. 20 (b) "Storage" means the keeping or retention of tangible personal 21 property in Indiana for any purpose except temporary storage. 22 (c) "Temporary storage" means the keeping or retention of tangible 23 personal property in Indiana for a period of not more than one hundred 24 eighty (180) days and only for the purpose of the subsequent use of that 25 property solely outside Indiana. 26 (d) Notwithstanding any other provision of this section, tangible or 27 intangible property that is: 28 (1) owned or leased by a person that has contracted with a 29 commercial printer for printing; and 30 (2) located at the premises of the commercial printer; 31 shall not be considered to be, or to create, an office, a place of 32 distribution, a sales location, a sample location, a warehouse, a storage 33 place, or other place of business maintained, occupied, or used in any 34 way by the person. A commercial printer with which a person has 35 contracted for printing shall not be considered to be in any way a 36 representative, an agent, a salesman, salesperson, a canvasser, or a 37 solicitor for the person. 38 SECTION 259. IC 6-2.5-8-12 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Notwithstanding 40 any other provision of this article, the following do not cause a person 41 that has contracted with a call center operator for a telephone service 42 to have a duty to register as a retail merchant or to collect or remit the 2024 IN 1267—LS 6912/DI 92 146 1 state gross retail or use tax imposed by this article: 2 (1) The ownership or leasing by the person of tangible or 3 intangible property that is: 4 (A) located at the Indiana premises of the call center operator; 5 (B) used to provide or assist directly with the provision of a 6 telephone service as described in subsection (c); and 7 (C) not held for sale, shipment, or distribution in response to 8 orders received as a result of a telephone service provided by 9 the call center operator. 10 (2) The activities of any kind performed by or on behalf of the 11 person at the Indiana premises of the call center operator. 12 (3) The activities of any kind performed by the call center 13 operator in Indiana for or on behalf of the person. 14 (b) Tangible or intangible property that is: 15 (1) owned or leased by a person that has contracted with a call 16 center operator for a telephone service; 17 (2) located at the premises of the call center operator; 18 (3) used to provide or assist directly with the provision of a 19 telephone service as described in subsection (c); and 20 (4) not held for sale, shipment, or distribution in response to 21 orders received as a result of a telephone service provided by the 22 call center operator; 23 shall not be considered to be, or to create, an office, a place of 24 distribution, a sales location, a sample location, a warehouse, a storage 25 place, or other place of business maintained, occupied, or used in any 26 way by the person. For purposes of this section, a call center operator 27 with which a person has contracted for a telephone service shall not be 28 considered to be in any way a representative, an agent, a salesman, 29 salesperson, a canvasser, or a solicitor for the person. 30 (c) For purposes of this section, a telephone service includes 31 soliciting orders by telephone, accepting orders by telephone, and 32 making and receiving any other telephone calls. 33 SECTION 260. IC 6-9-2-3, AS AMENDED BY P.L.193-2017, 34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 3. (a) For purposes of this section, the size of a 36 political subdivision is based on the population determined in the last 37 federal decennial census. 38 (b) A convention and visitor bureau having nineteen (19) members 39 is created to promote the development and growth of the convention, 40 tourism, and visitor industry in the county. 41 (c) The executives (as defined by IC 36-1-2-5) of the five (5) largest 42 cities and the seven (7) largest towns in the county shall each appoint 2024 IN 1267—LS 6912/DI 92 147 1 one (1) member to the bureau. The legislative body (as defined in 2 IC 36-1-2-9) of the two (2) largest municipalities in the county shall 3 each appoint one (1) member to the bureau. 4 (d) The county council shall appoint two (2) members to the bureau. 5 One (1) of the appointees must be a resident of the fifth largest city in 6 the county, and one (1) of the appointees must be a resident of the 7 eighth largest town in the county. The appointees may not be of the 8 same political party. 9 (e) The county commissioners shall appoint two (2) members to the 10 bureau. One (1) of the appointees must be a resident of the sixth largest 11 town in the county. One (1) of the appointees must be a resident of the 12 seventh largest town in the county. The appointees may not be of the 13 same political party. 14 (f) The lieutenant governor shall appoint one (1) member to the 15 bureau. 16 (g) No appointee under this section may hold an elected or 17 appointed political office while serving on the bureau. 18 (h) In making appointments under this section, the appointing 19 authority shall give sole consideration to individuals who are 20 knowledgeable about or employed as executives or managers in at least 21 one (1) of the following businesses in the county: 22 (1) Hotel. 23 (2) Motel. 24 (3) Restaurant. 25 (4) Travel. 26 (5) Transportation. 27 (6) Convention. 28 (7) Trade show. 29 (8) A riverboat licensed under IC 4-33. 30 (9) Banking. 31 (10) Real estate. 32 (11) Construction. 33 However, an individual employed by a riverboat may not be appointed 34 under this section unless the individual holds a Level 1 occupational 35 license issued under IC 4-33-8. This subsection does not apply to board 36 members appointed before July 1, 2007, who are eligible for 37 reappointment after June 30, 2007. 38 (i) All terms of office of bureau members begin on July 1. Members 39 of the bureau serve terms of three (3) years. A member whose term 40 expires may be reappointed to serve another term. If a vacancy occurs, 41 the appointing authority shall appoint a qualified person to serve for the 42 remainder of the term. If an appointment is not made before July 16 or 2024 IN 1267—LS 6912/DI 92 148 1 a vacancy is not filled within thirty (30) days, the member appointed by 2 the lieutenant governor under subsection (f) shall appoint a qualified 3 person. 4 (j) A member of the bureau may be removed for cause: 5 (1) by the member's appointing authority; or 6 (2) by vote of the bureau's board if it is determined that a member 7 does not meet the qualifications under subsection (h). 8 If a member is removed under this subsection, the appointing authority 9 may, not more than thirty (30) days after the member is removed, 10 appoint a replacement member to fill the remainder of the removed 11 member's term. 12 (k) Members of the bureau may not receive a salary. However, 13 bureau members are entitled to reimbursement for necessary expenses 14 incurred in the performance of their respective duties. 15 (l) Each bureau member, before entering the member's duties, shall 16 take an oath of office in the usual form, to be endorsed upon the 17 member's certificate of appointment and promptly filed with the clerk 18 of the circuit court of the county. 19 (m) The bureau shall meet after July 1 each year for the purpose of 20 organization. The bureau shall elect a chairman chairperson from its 21 members. The bureau shall also elect from its members a vice 22 chairman, chairperson, a secretary, and a treasurer. The members 23 serving in those offices shall perform the duties pertaining to the 24 offices. The first officers chosen shall serve until their successors are 25 elected and qualified. A majority of the bureau constitutes a quorum, 26 and the concurrence of a majority of those present is necessary to 27 authorize any action. 28 (n) If the county and one (1) or more adjoining counties desire to 29 establish a joint bureau, the counties shall enter into an agreement 30 under IC 36-1-7. 31 (o) Notwithstanding any other law, any bureau member appointed 32 as of January 1, 2007, is eligible for reappointment. 33 SECTION 261. IC 6-9-7-7, AS AMENDED BY P.L.236-2023, 34 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 7. (a) The county treasurer shall establish an 36 innkeeper's tax fund. The treasurer shall deposit in that fund all money 37 received under section 6 of this chapter that is attributable to an 38 innkeeper's tax rate that is not more than five percent (5%). 39 (b) Money in the innkeeper's tax fund shall be distributed as 40 follows: 41 (1) Forty percent (40%) shall be distributed to the commission to 42 carry out its purposes, including making any distributions or 2024 IN 1267—LS 6912/DI 92 149 1 payments to the Lafayette - West Lafayette Convention and 2 Visitors Bureau, Inc. 3 (2) Ten percent (10%) shall be distributed to a community 4 development corporation that serves a metropolitan area in the 5 county that includes: 6 (A) Lafayette; and 7 (B) West Lafayette; 8 for the community development corporation's use in tourism, 9 recreation, and economic development activities. 10 (3) Ten percent (10%) shall be distributed to Historic 11 Prophetstown to be used by Historic Prophetstown for carrying 12 out its purposes. 13 (4) Ten percent (10%) shall be distributed to the Wabash River 14 Enhancement Corporation to assist the Wabash River 15 Enhancement Corporation in carrying out its purposes. 16 (5) The following amounts shall be distributed to the department 17 of natural resources for the development of projects in the state 18 park on the Wabash River, including its tributaries: 19 (A) For distributions in calendar year 2023, ten percent (10%). 20 (B) For distributions in calendar year 2024, nine percent (9%). 21 (C) For distributions in calendar year 2025, eight percent 22 (8%). 23 (D) For distributions in calendar year 2026, seven percent 24 (7%). 25 (E) For distributions in calendar year 2027, six percent (6%). 26 (F) For distributions in calendar year 2028, five percent (5%). 27 (G) For distributions in calendar year 2029, four percent (4%). 28 (H) For distributions in calendar year 2030, three percent 29 (3%). 30 (I) For distributions in calendar year 2031, two percent (2%). 31 (J) For distributions in calendar year 2032, one percent (1%). 32 (K) For distributions after calendar year 2032, zero percent 33 (0%). 34 The department of natural resources is not required to provide 35 additional state resources to the state park described in this 36 subdivision as a result of the reduction of revenue set forth in this 37 subdivision. 38 (6) The following amounts shall be distributed to the county fiscal 39 body for the purposes set forth in subsection (c): 40 (A) For distributions in calendar year 2023, zero percent (0%). 41 (B) For distributions in calendar year 2024, one percent (1%). 42 (C) For distributions in calendar year 2025, two percent (2%). 2024 IN 1267—LS 6912/DI 92 150 1 (D) For distributions in calendar year 2026, three percent 2 (3%). 3 (E) For distributions in calendar year 2027, four percent (4%). 4 (F) For distributions in calendar year 2028, five percent (5%). 5 (G) For distributions in calendar year 2029, six percent (6%). 6 (H) For distributions in calendar year 2030, seven percent 7 (7%). 8 (I) For distributions in calendar year 2031, eight percent (8%). 9 (J) For distributions in calendar year 2032, nine percent (9%). 10 (K) For distributions after calendar year 2032, ten percent 11 (10%). 12 (7) Twenty percent (20%) shall be distributed as determined by 13 the county fiscal body. 14 (c) Amounts distributed to the county fiscal body under subsection 15 (b)(6) may only be used for tourism or quality of life purposes, 16 including: 17 (1) mixed use development projects; 18 (2) quality public spaces; 19 (3) multiple transportation options; 20 (4) multiple housing options; 21 (5) revitalization of historic, blighted, or vacant properties; 22 (6) arts, culture, and creativity; and 23 (7) recreation and green spaces. 24 (d) An advisory commission consisting of the following members 25 is established: 26 (1) The director of the department of natural resources or the 27 director's designee. 28 (2) The public finance director or the public finance director's 29 designee. 30 (3) A member appointed by the Native American Indian affairs 31 commission. 32 (4) A member appointed by Historic Prophetstown. 33 (5) A member appointed by the community development 34 corporation described in subsection (b)(2). 35 (6) A member appointed by the Wabash River Enhancement 36 Corporation. 37 (7) A member appointed by the commission. 38 (8) A member appointed by the county fiscal body. 39 (9) A member appointed by the town board of the town of 40 Battleground. 41 (10) A member appointed by the mayor of the city of Lafayette. 42 (11) A member appointed by the mayor of the city of West 2024 IN 1267—LS 6912/DI 92 151 1 Lafayette. 2 (e) The following apply to the advisory commission: 3 (1) The governor shall appoint a member of the advisory 4 commission as chairman chairperson of the advisory 5 commission. 6 (2) Six (6) members of the advisory commission constitute a 7 quorum. The affirmative votes of at least six (6) advisory 8 commission members are necessary for the advisory commission 9 to take official action other than to adjourn or to meet to hear 10 reports or testimony. 11 (3) The advisory commission shall make recommendations 12 concerning the use of any proceeds of bonds issued to finance the 13 development of Prophetstown State Park. 14 (4) Members of the advisory commission who are state 15 employees: 16 (A) are not entitled to any salary per diem; and 17 (B) are entitled to reimbursement for traveling expenses as 18 provided under IC 4-13-1-4 and to reimbursement for other 19 expenses actually incurred in connection with the member's 20 duties as provided in the state policies and procedures 21 established by the Indiana department of administration and 22 approved by the budget agency. 23 (f) The Indiana finance authority may issue bonds for the 24 development of Prophetstown State Park under IC 5-1.2-6. 25 SECTION 262. IC 7.1-1-3-9, AS AMENDED BY P.L.86-2018, 26 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 9. The term "chairman" "chairperson" means the 28 presiding officer of the commission who is appointed by the governor 29 pursuant to IC 7.1-2-1-5. 30 SECTION 263. IC 7.1-1-3-41 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 41. Salesman. The term 32 "salesman" "salesperson" means either of the following: 33 (a) (1) A person who procures, or seeks to procure an order or 34 contract for the sale, or for the delivery, or for the transportation 35 of alcoholic beverages. and, 36 (b) Also means (2) A person who is engaged in promoting the sale 37 of alcoholic beverages, or in promoting the business of a person 38 engaged in the alcoholic beverage trade in any manner, whether 39 the seller resides within this state and sells to buyers either within 40 or without this state, or whether the seller resides without this 41 state and sells for delivery to buyers within this state. 42 SECTION 264. IC 7.1-2-1-5 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 152 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Chairman and 2 Chairman Pro Tempore. The governor shall appoint one (1) of the 3 members to serve as chairman chairperson of the commission. The 4 governor also shall appoint one (1) of the members to serve as 5 chairman chairperson pro tempore in the absence of the chairman. 6 chairperson. 7 SECTION 265. IC 7.1-2-1-11 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) Three (3) 9 members of the commission constitute a quorum for the transaction of 10 business. 11 (b) Each commissioner has one (1) vote. 12 (c) Action of the commission may be taken only upon the 13 affirmative votes of at least two (2) commissioners. If a vote of the 14 commission is a tie, the position for which the chairman chairperson 15 voted shall be treated as the position adopted by the commission. 16 SECTION 266. IC 7.1-2-3-1 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Duties of Chairman. 18 The chairman chairperson shall be the presiding officer at the 19 meetings of the commission. The chairman, chairperson, together with 20 the executive secretary, shall prepare, certify and authenticate all 21 proceedings, minutes, records, rules and regulations of the commission. 22 The chairman chairperson also shall perform all other duties as 23 imposed by this title. 24 SECTION 267. IC 7.1-2-3-4.5 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4.5. The commission 26 and the chairman chairperson may exercise only those express powers 27 enumerated in this title; however, this section does not limit the powers 28 granted to the commission by section 31 of this chapter. 29 SECTION 268. IC 7.1-2-3-31 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. Implied Powers. 31 The commission and the chairman chairperson shall have, in addition 32 to the express powers enumerated in this title, the authority to exercise 33 all powers necessary and proper to carry out the policies of this title 34 and to promote efficient administration by the commission. 35 SECTION 269. IC 7.1-2-4-20 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. Oath of Office. An 37 appointed member of a local board shall execute an oath of office in 38 duplicate. One (1) copy of the oath shall be filed in the office of the 39 clerk of the circuit court of the judicial circuit in which the local board 40 sits. The other copy shall be filed with the chairman. chairperson. 41 SECTION 270. IC 7.1-2-5-5, AS AMENDED BY P.L.94-2008, 42 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2024 IN 1267—LS 6912/DI 92 153 1 JULY 1, 2024]: Sec. 5. All rights of any kind in an alcoholic beverage 2 or a tobacco product of any type, or in a container for an alcoholic 3 beverage, or in an article, apparatus, package, fixture or utensil in 4 which an alcoholic beverage or a tobacco product may be placed, or 5 which is used in connection with it, or a vehicle or conveyance in 6 which an alcoholic beverage or a tobacco product is being transported 7 or which is used for the transportation of an alcoholic beverage or a 8 tobacco product, shall at all times and under all circumstances by 9 whomsoever held, owned, or possessed, be deemed qualified by the 10 right of the state, the commission, and the chairman, chairperson, to 11 administer, execute and enforce the provisions of this title. 12 SECTION 271. IC 7.1-2-5-14 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. Sale of Property 14 Seized from Owner. The court, upon conviction of the owner, shall 15 order that personal property of any type seized under this title and 16 which has been found to have been used, kept or possessed in violation 17 of this title shall be sold by the chairman chairperson if the property 18 has commercial value and may be purchased and used legally. The 19 court shall order the chairman, chairperson, or the sheriff, to destroy 20 the property if it has no commercial value or cannot be purchased and 21 used legally. However, the court shall enter its order of sale or 22 destruction only after an opportunity has been given to the owner for 23 a hearing concerning the proposed order. 24 SECTION 272. IC 7.1-2-5-15, AS AMENDED BY P.L.86-2018, 25 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 15. The court, upon the conviction of a person 27 other than the owner, found in charge or possession of personal 28 property seized under this title, or upon written petition of the chairman 29 chairperson if no person is found in charge of or in possession of the 30 seized property, and if the court, upon hearing, finds that any of the 31 personal property was used, kept, or possessed in violation of this title, 32 with the knowledge of the owner, shall order the property disposed of 33 as provided in section 14 of this chapter. However, the court shall enter 34 its order of sale or destruction only after an opportunity for a hearing 35 has been given by not less than ten (10) days notice to the owner, if the 36 owner is known, or if the owner is not known, then by notice of the 37 seizure of the property, with a description of it, by publication one (1) 38 time in a newspaper of general circulation published in the county seat 39 of the county of the court having jurisdiction. If there is no newspaper 40 published in the county seat, the notice shall be published in a 41 newspaper of a general circulation in the county. Notice published in 42 a newspaper shall be given not less than ten (10) days prior to the time 2024 IN 1267—LS 6912/DI 92 154 1 fixed for the hearing. 2 SECTION 273. IC 7.1-2-5-17 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. Property ordered 4 sold by a court under the provisions of section 14 or 15 of this chapter 5 shall be sold by the chairman chairperson at public auction in any 6 county in which he the chairperson may deem it most advantageous 7 to sell the property. The chairman chairperson shall give one (1) 8 week's notice of the sale prior to the sale. The notice shall be published 9 in the county seat of the county in which the sale is to be made. 10 Property which has a commercial value and which may be lawfully 11 purchased may be sold to any person. The proceeds of the sale, after 12 deducting necessary costs and charges, including fees for publication, 13 and payment of liens shall be paid to the chairman chairperson for 14 deposit under IC 7.1-4-10-3. 15 SECTION 274. IC 7.1-2-6-4 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Abatement of Public 17 Nuisance. The commission, the chairman, chairperson, the attorney 18 general, a prosecuting attorney, a permittee authorized to sell alcoholic 19 beverages within the county in which a common nuisance exists, is 20 kept, or is maintained, or a number of permittees authorized to sell 21 alcoholic beverages within the county or elsewhere within the state, or 22 a taxpayer of the county, may maintain an action in the name of the 23 state to abate and perpetually enjoin a public nuisance, or to abate, or 24 enjoin, or both, a practice, or conduct of a person, whether a permittee 25 or not, in violation of this title or a rule or regulation of the 26 commission. 27 SECTION 275. IC 7.1-2-8-1 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Jurisdiction: General 29 Rule. An action brought against the commission, or against the 30 chairman chairperson as the chairman, chairperson, shall be brought 31 in the circuit or superior court of Marion County unless otherwise 32 specifically provided in this title. 33 SECTION 276. IC 7.1-2-8-2 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Jurisdiction 35 Restricted. Except as otherwise provided in this title, a person shall not 36 bring an action against the State of Indiana, the commission, the 37 chairman, chairperson, or the chairman chairperson pro tempore, 38 based upon a claim arising from the collection of money received by 39 the state in connection with the administration or enforcement of a 40 provision of this title. The consent of the State of Indiana is hereby 41 expressly withdrawn and denied in such an action and no court shall 42 have jurisdiction in such an action. 2024 IN 1267—LS 6912/DI 92 155 1 SECTION 277. IC 7.1-2-8-4 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Judicial Notice. A 3 court shall take judicial notice of the signature of the chairman 4 chairperson and of the seal of the commission. A court shall take 5 judicial notice, also, of a document, paper, record, or instrument, or 6 copy of these, duly authenticated, as prescribed in the rules and 7 regulations of the commission. 8 SECTION 278. IC 7.1-3-1-3, AS AMENDED BY P.L.285-2019, 9 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 3. (a) A permit of any type issued by the 11 commission, except as provided in subsections (b) and (f) or unless 12 otherwise provided in this title, shall be in force for one (1) calendar 13 year only, including the day upon which it is granted. At the end of the 14 one (1) year period the permit shall be fully expired and null and void. 15 (b) Notwithstanding subsection (a), a permit that is subject to 16 section 5.5 or 5.6 of this chapter is effective for two (2) calendar years, 17 including the day upon which the permit is granted. However, a local 18 board may recommend to the commission that the permit be issued or 19 renewed for only a one (1) year period. The commission may issue or 20 renew a permit for the period recommended by the local board. 21 (c) A permittee who is granted a two (2) year permit under 22 subsection (b) or subsection (f) is liable for any annual fees assessed by 23 the commission. The annual fee is due on the annual anniversary date 24 upon which the permit was granted. 25 (d) If the commission grants a two (2) year permit, the commission 26 may ask a local board to hold a hearing to reconsider the duration of a 27 permittee's permit. A hearing held under this subsection is subject to 28 section 5.5 or 5.6 of this chapter. A local board shall hold the hearing 29 requested by the commission within thirty (30) days before the 30 permittee's next annual anniversary date and forward a 31 recommendation to the commission following the hearing. 32 (e) If a permittee is granted a permit for more than one (1) year, the 33 commission shall require the permittee to file annually with the 34 commission the information required for an annual permit renewal. 35 (f) Notwithstanding subsection (a), the following are effective for 36 two (2) calendar years, including the day upon which the permit is 37 granted: 38 (1) A beer wholesaler's permit issued under IC 7.1-3-3-1. 39 (2) A wine wholesaler's permit issued under IC 7.1-3-13-1. 40 (3) A liquor wholesaler's permit issued under IC 7.1-3-8-1. 41 (g) Except as provided in subsection (h), the commission shall 42 timely process a permittee's application for renewal of a permit unless 2024 IN 1267—LS 6912/DI 92 156 1 the permittee receives a notice of a violation from the office of the 2 prosecutor created under IC 7.1-2-2-1. 3 (h) The commission may timely process an application for renewal 4 of a permit filed by a permittee that receives notice of a violation as 5 described in subsection (g) if the chairman chairperson or the 6 chairman's chairperson's designee authorizes the application for 7 renewal of the permit to be timely processed. 8 (i) Except as provided in subsection (k), a permittee may file an 9 application for renewal of a permit not later than: 10 (1) one (1) year after the date the permit expires (in the case of a 11 permit that expires before July 1, 2019); or 12 (2) six (6) months after the date the permit expires (in the case of 13 a permit that expires after June 30, 2019). 14 (j) Except as provided in subsection (k), if a permittee does not file 15 an application for renewal of a permit within the time provided in 16 subsection (i), the permit reverts to the commission. At least thirty (30) 17 days before the date that a permit reverts to the commission, the 18 commission shall provide written notice to the permittee informing the 19 permittee of the date that the permittee's permit will revert to the 20 commission. 21 (k) Subject to subsection (l), a permittee: 22 (1) under subsection (i)(1) may file an application for renewal of 23 a permit more than one (1) year after the date the permit expires 24 if, not later than one (1) year after the date the permit expires, the 25 permittee obtains approval from the chairman chairperson or the 26 chairman's chairperson's designee for an extension to file the 27 application for renewal; or 28 (2) under subsection (i)(2) may file an application for renewal of 29 a permit more than six (6) months after the date the permit expires 30 if, not later than six (6) months after the date the permit expires, 31 the permittee obtains approval from the chairman chairperson or 32 the chairman's chairperson's designee for an extension to file the 33 application for renewal. 34 (l) The chairman chairperson may allow the permittee to renew the 35 permit: 36 (1) more than one (1) year, in the case of a permittee under 37 subsection (k)(1); or 38 (2) more than six (6) months in the case of a permittee under 39 subsection (k)(2); 40 after the date the permit expires only if the permittee provides evidence 41 that the permittee is engaged in an administrative or court proceeding 42 that prevents the permittee from renewing the permit. 2024 IN 1267—LS 6912/DI 92 157 1 (m) A permit is effective upon the final approval of the commission. 2 Upon final approval of a permit, and upon the request of the permittee, 3 the commission shall provide the permittee with a letter of authority to 4 operate. The letter of authority to operate constitutes authorization for 5 the permittee to perform the actions allowed under the permit until the 6 date the permittee receives the permit issued by the commission. 7 SECTION 279. IC 7.1-3-6-1, AS AMENDED BY P.L.196-2015, 8 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 1. (a) Subject to sections 3.5 and 3.6 of this 10 chapter, the commission may issue a temporary beer permit without 11 publication of notice or investigation before a local board to a qualified 12 person as provided in this chapter. In all other respects, a temporary 13 beer permit shall be issued, revoked, and governed by the restrictions 14 and limitations made in a provisional order or rule or regulation of the 15 commission. 16 (b) The commission shall issue a temporary beer permit to an 17 applicant if: 18 (1) the applicant submits an application for a temporary beer 19 permit to the commission not later than five (5) business days 20 before the event for which the permit is requested; and 21 (2) the applicant meets all requirements for a temporary beer 22 permit. 23 (c) If authorized by the chairman chairperson or the chairman's 24 chairperson's designee, and at the commission's discretion, a 25 temporary beer permit may be issued to an applicant that: 26 (1) submits an application for the temporary beer permit to the 27 commission later than five (5) business days before the event for 28 which the temporary beer permit is requested; and 29 (2) meets all requirements for a temporary beer permit. 30 SECTION 280. IC 7.1-3-6-9 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Renewals. The 32 holder of a dining car beer permit need not renew his the holder's 33 permit annually. However, in order to keep the permit in force, the 34 permittee must pay the annual license fee to the chairman chairperson 35 on the anniversary date of the issuance of the original permit. 36 SECTION 281. IC 7.1-3-7-9 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Renewals. The 38 holder of a distiller's or rectifier's permit shall pay the appropriate 39 annual license fee to the chairman chairperson on the anniversary of 40 the date of the issuance of the original permit in order to keep his the 41 holder's distiller's or rectifier's permit in force. 42 SECTION 282. IC 7.1-3-9.5-2, AS AMENDED BY P.L.196-2015, 2024 IN 1267—LS 6912/DI 92 158 1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 2. (a) The holder of a supplemental caterer's 3 permit shall notify the commission in writing not later than forty-eight 4 (48) hours in advance of each function that the permittee intends to 5 cater with alcoholic beverages. The commission may waive the 6 forty-eight (48) hour notice period required under this subsection, if 7 authorized by the chairman chairperson or the chairman's 8 chairperson's designee, but may not waive the requirement for filing 9 notice. 10 (b) The notice shall include the following: 11 (1) The date, time, and location of the function to be catered. 12 (2) If the function is open to the public, located in a county having 13 a population of less than one hundred fifty thousand (150,000), 14 and located in a different county from the county where the 15 permittee holds the three-way permit required under section 1 of 16 this chapter, the signature of the following official on a document 17 stating the official's approval of the catering of alcoholic 18 beverages at the proposed date, time, and location: 19 (A) The president of the town council, if the location is in a 20 town. 21 (B) The mayor, if the location is in a city. 22 (C) The president of the board of county commissioners, if the 23 location is in unincorporated territory. 24 (c) If a permittee complies with all notice requirements of 25 subsection (b), the commission in its absolute discretion has the 26 authority, any other provision of this title to the contrary 27 notwithstanding, to approve the proposed date and location of the 28 function to be catered. 29 (d) The commission need not notify the permittee if the commission 30 approved the proposed date and location, and the permittee may 31 proceed as stated in the permittee's notice to the commission. The 32 commission shall notify the permittee by certified United States mail, 33 in advance of the function, if the commission does not approve the 34 proposed date or location. 35 (e) A permittee whose proposed date or location has been 36 disapproved by the commission still may cater the function on that date 37 and at that location, but the permittee may not cater alcoholic 38 beverages at that function on that date and at that location. 39 SECTION 283. IC 7.1-3-11-4 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Renewals. The 41 holder of a dining car liquor permit need not renew his the holder's 42 permit annually. However, in order to keep the permit in force, the 2024 IN 1267—LS 6912/DI 92 159 1 permittee must pay the annual license fee to the chairman chairperson 2 on the anniversary date of the issuance of the original permit. 3 SECTION 284. IC 7.1-3-16-5, AS AMENDED BY P.L.196-2015, 4 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2024]: Sec. 5. (a) Subject to section 5.5 of this chapter, the 6 commission may issue a temporary wine permit without publication of 7 notice or investigation before a local board to a qualified person as 8 provided in this chapter. In all other respects, a temporary wine permit 9 shall be issued, revoked, and governed by the restrictions and 10 limitations made in a provisional order or rule or regulation of the 11 commission. 12 (b) The commission shall issue a temporary wine permit to an 13 applicant if: 14 (1) the applicant submits an application for a temporary wine 15 permit to the commission not later than five (5) business days 16 before the event for which the permit is requested; and 17 (2) the applicant meets all requirements for a temporary wine 18 permit. 19 (c) If authorized by the chairman chairperson or the chairman's 20 chairperson's designee, and at the commission's discretion, a 21 temporary wine permit may be issued to an applicant that: 22 (1) submits an application for the temporary wine permit to the 23 commission later than five (5) business days before the event for 24 which the temporary wine permit is requested; and 25 (2) meets all requirements for a temporary wine permit. 26 SECTION 285. IC 7.1-3-18-7 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Salesmens' Permits: 28 Application and Issuance. The commission may issue a salesman's 29 salesperson's permit to a person who desires to act as a salesman. 30 salesperson. The applicant shall state in the application the county or 31 counties within Indiana within which the applicant desires to act as a 32 salesman. salesperson. The application and the permit issued by the 33 commission shall set forth the name and address of the person whom 34 the salesman salesperson represents. The application and permit also 35 shall state if the salesman salesperson is acting for himself in the 36 salesperson's own interests as principal. The application also shall 37 include reasonable rules as the commission may prescribe from time to 38 time. 39 SECTION 286. IC 7.1-3-18-8 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The holder of a 41 salesman's salesperson's permit is not entitled to represent a person 42 whose name does not appear on the permit as the permittee's employer, 2024 IN 1267—LS 6912/DI 92 160 1 if employed by another, nor may the permittee act for any other person 2 not named in the permit. 3 (b) Subject to subsection (c), a permittee is not entitled to act as a 4 salesman salesperson for more than one (1) person under one (1) 5 permit. However, the commission may issue additional permits to the 6 salesman salesperson for additional principals. 7 (c) A permittee may act as a salesman salesperson for more than 8 one (1) person under one (1) permit if: 9 (1) the permittee is an Internet company; and 10 (2) the Internet company provides the commission with the names 11 of each permittee for whom the Internet company is a salesman 12 salesperson in conformity with the rules adopted by the 13 commission. 14 SECTION 287. IC 7.1-3-19-12 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. Return of Fee. The 16 chairman chairperson shall deduct the sum of twenty-five dollars 17 ($25) from the license fee paid by the applicant for each application 18 considered, but if the applications are combined in one (1) application, 19 the chairman chairperson shall deduct the sum of thirty-five dollars 20 ($35) from the license fee, and return the balance of the fee to the 21 applicant if the commission refuses to grant the application. The 22 amount deducted from the fee shall be the property of the state and 23 shall be disposed of as provided in article 4 of this title. IC 7.1-4. 24 SECTION 288. IC 7.1-3-24-4 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Posting of Bond. The 26 chairman chairperson shall require bond to be furnished in the case of 27 the sale, assignment, or transfer of a permit if bond is required to be 28 furnished in the case of an original application for that particular type 29 of permit. 30 SECTION 289. IC 7.1-3-24-5 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Deceased Permittee. 32 A duly appointed and qualified administrator or executor of the estate 33 of a deceased permittee, may, with the approval of the court, continue 34 the business conducted by the deceased permittee under the permit 35 held by him the deceased permittee if the administrator or executor 36 either himself or by an agent, also to be approved by the court, applies 37 for and obtains the written consent of the chairman. chairperson. 38 SECTION 290. IC 7.1-3-24-6 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Qualifications of 40 Successors. The administrator or executor, or agent, must have the 41 same qualifications to hold the permit of the deceased permittee that 42 this title otherwise requires of an applicant for that particular type of 2024 IN 1267—LS 6912/DI 92 161 1 permit. That the administrator, executor, or agent has these 2 qualifications shall be established by a finding of the court having 3 jurisdiction and a copy of these findings shall accompany the 4 application for the written consent of the chairman. chairperson. 5 SECTION 291. IC 7.1-3-24-7, AS AMENDED BY P.L.194-2021, 6 SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 7. The surviving spouse or heir of a deceased 8 permittee may be permitted to continue the business conducted by the 9 deceased permittee, without probate proceedings, if both of the 10 following occur: 11 (1) The court having probate jurisdiction finds that the surviving 12 spouse or heir of the deceased permittee possesses the 13 qualifications required of an applicant for that particular type of 14 permit. 15 (2) The surviving spouse or heir who desires to carry on the 16 business of the deceased permittee applies for and receives the 17 written consent of the chairman. chairperson. A copy of the 18 court's findings on the qualifications of the applicant must 19 accompany the application for written consent. 20 SECTION 292. IC 7.1-3-24-8 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. Bankrupt Permittee. 22 A receiver or trustee in bankruptcy of the business or property of a 23 permittee, acting under the jurisdiction of a court of record of this state, 24 or a United States court, may continue the business conducted by the 25 permittee, with the approval of the court having jurisdiction, by 26 applying for and receiving the written consent of the chairman 27 chairperson and if he the receiver or trustee is otherwise duly 28 qualified to hold the permit as if he the receiver or trustee were 29 himself applying for it. The qualifications of the applicant may be 30 established by a finding of the court having jurisdiction. A copy of the 31 court's findings on the qualifications shall accompany the application 32 for written consent. 33 SECTION 293. IC 7.1-3-24-10 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. Reissuance of 35 Permits. A permit held by a deceased or bankrupt permittee may be 36 reissued as other permits are authorized in this title to be reissued if the 37 permit is not transferred by sale or otherwise with the consent of the 38 chairman chairperson before its expiration. The reissuance shall be 39 made only upon the approval of the court having jurisdiction of the 40 trust of the applicant if the reissuance is to be made to an administrator, 41 executor, or his the permittee's agent, or a receiver or trustee in 42 bankruptcy. A sale or assignment of the permit shall first be approved 2024 IN 1267—LS 6912/DI 92 162 1 by the court, and only to a person qualified to hold it under this title. 2 Before the transfer shall legally entitle the purchaser or assignee to 3 operate under it, the applicant must show the chairman chairperson 4 that he the applicant is duly competent and qualified, the same as 5 though he the applicant were the original applicant for it. If the 6 applicant is duly competent and qualified the chairman chairperson 7 may approve the sale or transfer and the commission may issue a 8 permit to the purchaser or assignee. The commission shall not reissue 9 a permit to any premises other than those to which the permit was 10 applicable when held by the decedent or bankrupt. 11 SECTION 294. IC 7.1-3-27-15, AS AMENDED BY P.L.159-2014, 12 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 15. (a) An artisan distiller's permit shall be issued 14 for a period of two (2) years. 15 (b) The commission shall charge a permit fee of two hundred fifty 16 dollars ($250) annually to the holder of an artisan distiller's permit. The 17 holder of an artisan distiller's permit shall pay the permit fee to the 18 chairman chairperson on the anniversary of the date of the issuance of 19 the original permit. 20 (c) A person who knowingly or intentionally engages in an activity 21 requiring an artisan distiller's permit without possessing a valid artisan 22 distiller's permit commits a Class B misdemeanor. 23 SECTION 295. IC 7.1-3-30-2, AS ADDED BY P.L.121-2022, 24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2024]: Sec. 2. (a) The commission may issue a temporary 26 craft manufacturer hospitality permit without publication of notice or 27 investigation before a local board to a qualified person as provided in 28 this chapter. In all other respects, a hospitality permit shall be issued, 29 revoked, and governed by the restrictions and limitations made in a 30 provisional order or rule or regulation of the commission. 31 (b) The commission shall issue a hospitality permit to an applicant 32 if the applicant: 33 (1) submits an application for a hospitality permit to the 34 commission not later than five (5) business days before the event 35 for which the permit is requested; 36 (2) meets all requirements for a hospitality permit; and 37 (3) pays the license fee for a hospitality permit, as described in 38 IC 7.1-4-4.1-5.1. 39 (c) If authorized by the chairman chairperson or the chairman's 40 chairperson's designee, and at the commission's discretion, a 41 hospitality permit may be issued to an applicant that: 42 (1) submits an application for the hospitality permit to the 2024 IN 1267—LS 6912/DI 92 163 1 commission later than five (5) business days before the event for 2 which the hospitality permit is requested; and 3 (2) meets all requirements for a hospitality permit. 4 (d) An application submitted under this section must contain a floor 5 plan which demonstrates that the host permittee is not operating a bar 6 in the same area as the temporary event. The premises of the temporary 7 event must be well defined. 8 (e) An application submitted under this section must: 9 (1) identify each craft manufacturer that will participate in the 10 temporary event; 11 (2) designate an individual who is responsible for the event; and 12 (3) be signed by the individual described in subdivision (2). 13 SECTION 296. IC 7.1-4-4.1-4 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A biennial license 15 fee of twenty dollars ($20) is imposed for a salesman's salesperson's 16 license. The term of a biennial salesman's salesperson's license is two 17 (2) years. 18 SECTION 297. IC 7.1-4-6-1, AS AMENDED BY P.L.165-2006, 19 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 1. The chairman chairperson and the department 21 shall have the power to examine the books, papers, records, and 22 premises of a manufacturer, wholesaler, retailer, dealer, or direct wine 23 seller's permit holder under this title for the purpose of determining 24 whether the excise taxes imposed by this title have been paid fully and 25 whether the provisions of the title are being complied with. 26 SECTION 298. IC 7.1-4-6-8 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. Duty of Attorney 28 General and Local Prosecutor. If a person who holds a permit under 29 this title fails to account for, or pay over to the chairman chairperson 30 or the department, or both, an annual license fee, or excise tax, or other 31 levy imposed by this title, or defaults in a condition of his the person's 32 bond, or if a person, licensed under this title or not, fails or refuses to 33 pay to the chairman chairperson or the department an obligation, 34 liability, forfeiture, or penalty imposed upon him the person by this 35 title, the chairman chairperson or the department shall report that fact 36 to the attorney general of Indiana who shall immediately institute the 37 necessary action for the recovery of the sum due the state by reason of 38 this title. The state shall be entitled to all liens and remedies allowed by 39 law for the collection of the sum due the state. It is the duty of the 40 prosecuting attorney of the proper county to assist the attorney general 41 in these matters whenever the attorney general requests his assistance. 42 SECTION 299. IC 7.1-4-7-1, AS AMENDED BY P.L.109-2013, 2024 IN 1267—LS 6912/DI 92 164 1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 1. The chairman chairperson shall collect the 3 required annual license fee paid in connection with the issuance of a 4 brewer's permit, a beer wholesaler's permit, a temporary beer permit, 5 a dining car permit of any type, a boat permit of any type, an artisan 6 distiller's permit, a distiller's permit, a rectifier's permit, a liquor 7 wholesaler's permit, a vintner's permit, a farm winery permit, a farm 8 winery brandy distiller's permit, a wine wholesaler's permit, a wine 9 bottler's permit, a temporary wine permit, a direct wine seller's permit, 10 a salesman's salesperson's permit, and a carrier's alcoholic permit. 11 SECTION 300. IC 7.1-4-7-2, AS AMENDED BY P.L.86-2018, 12 SECTION 131, IS AMENDED TO READ AS FOLLOWS 13 [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman chairperson shall 14 collect the authorized deduction retained by the state when an 15 application for a permit, of a type listed in section 1 of this chapter, is 16 denied. The chairman chairperson also shall collect the prescribed 17 cost fee paid in connection with the transfer of a permit of a type listed 18 in section 1 of this chapter. 19 SECTION 301. IC 7.1-4-7-3 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Miscellaneous 21 Collections. The chairman chairperson shall collect all other 22 assessments not specifically included in this chapter and not otherwise 23 disposed of by a provision of this title. The chairman chairperson or 24 the department shall collect the penalty for the nonpayment of taxes 25 imposed by this title, and a forfeiture not in the nature of a fine or 26 penalty belonging to the common school fund, and the proceeds of a 27 sale or judgment made under or in the enforcement of this title. 28 SECTION 302. IC 7.1-4-7-4, AS AMENDED BY P.L.224-2005, 29 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), the 31 chairman chairperson and the department shall deposit the money 32 collected under sections 1, 2, and 3 of this chapter daily with the 33 treasurer of state, and not later than the fifth day of the following month 34 shall cover: 35 (1) thirty-four percent (34%) of the money collected under section 36 1 of this chapter into the enforcement and administration fund 37 established under IC 7.1-4-10-1; and 38 (2) sixty-six percent (66%) of the money collected under section 39 1 of this chapter and money collected under sections 2 and 3 of 40 this chapter into the state general fund for state general fund 41 purposes. 42 (b) The chairman chairperson and the department shall deposit all 2024 IN 1267—LS 6912/DI 92 165 1 money collected under IC 7.1-2-5-3, IC 7.1-2-5-8, IC 7.1-3-17.5, 2 IC 7.1-3-17.7, IC 7.1-3-22-9, and IC 7.1-4-4.1-5 daily with the treasurer 3 of state, and not later than the fifth day of the following month shall 4 cover the money into the enforcement and administration fund 5 established under IC 7.1-4-10-1. 6 SECTION 303. IC 7.1-4-9-1, AS AMENDED BY P.L.224-2005, 7 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2024]: Sec. 1. The chairman chairperson shall collect the 9 required annual license fee paid in connection with the issuance of a 10 beer retailer's permit, a beer dealer's permit, a liquor retailer's permit, 11 a supplemental caterer's permit, a liquor dealer's permit, a wine 12 retailer's permit, and a wine dealer's permit. 13 SECTION 304. IC 7.1-4-9-2, AS AMENDED BY P.L.86-2018, 14 SECTION 136, IS AMENDED TO READ AS FOLLOWS 15 [EFFECTIVE JULY 1, 2024]: Sec. 2. The chairman chairperson shall 16 collect the authorized deduction retained by the state when an 17 application for a permit of a type listed in section 1 of this chapter is 18 denied. The chairman chairperson also shall collect the prescribed 19 cost fee paid in connection with the transfer of a permit of a type listed 20 in section 1 of this chapter. 21 SECTION 305. IC 7.1-4-9-3, AS AMENDED BY P.L.224-2005, 22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), the 24 chairman chairperson shall deposit the monies collected under the 25 authority of this chapter daily with the treasurer of the state, and not 26 later than the fifth day of the following month shall cover them into the 27 "excise fund" to be distributed as provided in this chapter. 28 (b) The chairman chairperson shall deposit the money received 29 from the collection of the fees for a three-way permit under 30 IC 7.1-3-20-16(f) daily with the treasurer of state, and not later than the 31 fifth day of the following month shall transfer the money into the 32 enforcement and administration fund of the commission under 33 IC 7.1-4-11. 34 SECTION 306. IC 7.1-4-9-7, AS AMENDED BY THE 35 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL 36 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 7. (a) Thirty-three percent (33%) of the money in 38 the excise fund shall, upon warrant of the state auditor, comptroller, 39 be paid into the general fund of the treasury of the city or town in 40 which the retailer's or dealer's licensed premises are located. The 41 money shall be paid to the treasurer of the county in which the retailer's 42 or dealer's premises are located if they are located outside the corporate 2024 IN 1267—LS 6912/DI 92 166 1 limits of a city or town. 2 (b) Not later than ten (10) days after: 3 (1) an annexation ordinance is filed under IC 36-4-3-22; or 4 (2) the second of the two (2) approvals of an annexation is filed 5 under IC 36-3-2-7; 6 the annexing municipality shall provide notice to the chairman 7 chairperson of the commission of any retailer's or dealer's premises 8 located within the annexed territory. The notice shall be in writing, sent 9 by certified mail, and must include the effective date of the annexation 10 and the business name and street address of the retailer's or dealer's 11 premises. 12 (c) The distribution from the excise fund shall continue to be paid 13 to the jurisdiction on record with the commission, until the chairman 14 chairperson of the commission receives the notice under this section 15 that the retailer's or dealer's premises have been annexed into the city 16 or town. An annexing city or town: 17 (1) shall be paid distributions that accrue after the date the 18 chairman chairperson receives notice; and 19 (2) is not entitled to retroactive payment of any distributions 20 accruing before the date the chairman chairperson receives 21 notice. 22 SECTION 307. IC 7.1-4-10-3, AS AMENDED BY P.L.86-2018, 23 SECTION 137, IS AMENDED TO READ AS FOLLOWS 24 [EFFECTIVE JULY 1, 2024]: Sec. 3. The chairman chairperson shall 25 deposit the monies realized from fines imposed pursuant to the 26 provisions of IC 7.1-3-23-2 in its enforcement and administration fund 27 to be used for the purposes provided in this chapter. 28 SECTION 308. IC 7.1-4-11-2.5, AS ADDED BY P.L.224-2005, 29 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 2.5. The chairman chairperson shall deposit the 31 money received from the collection of the fees for a three-way permit 32 under IC 7.1-3-20-16(f) daily with the treasurer of state, and not later 33 than the fifth day of the following month shall transfer the money into 34 the enforcement and administration fund. 35 SECTION 309. IC 7.1-4-13-8 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) The wine grape 37 market development council is created. 38 (b) The council shall have an odd number of members, but not less 39 than seven (7) nor more than fifteen (15) members. The following are 40 the members of the council: 41 (1) The director or the director's designee. 42 (2) The chairman chairperson of the horticulture department at 2024 IN 1267—LS 6912/DI 92 167 1 Purdue University or chairman's chairperson's designee. 2 (3) The chairman chairperson of the food science department at 3 Purdue University or the chairman's chairperson's designee. 4 (4) Other members that the director shall appoint. 5 (c) A majority of the members of the council must be wine grape 6 growers or processors of wine grape products. 7 SECTION 310. IC 7.1-4-13-10 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The council shall 9 do the following: 10 (1) Elect a chairman chairperson and any other officers. 11 (2) Recommend expenditures from the wine grape market 12 development fund for the administration of the wine grape market 13 development program and for the administration of this chapter. 14 (3) Perform any other necessary duties. 15 SECTION 311. IC 7.1-5-2-7, AS AMENDED BY P.L.159-2014, 16 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2024]: Sec. 7. (a) The term "premises" as used in this 18 subsection does not include a facility (as defined in IC 7.1-2-3-16.5). 19 A primary source of supply, wholesaler, or salesman salesperson of 20 alcoholic beverages, or the agent or representative of a primary source 21 of supply, wholesaler, or salesman salesperson of alcoholic beverages 22 may not directly or indirectly place, display, or maintain or cause to be 23 placed, displayed, or maintained a sign advertising alcoholic beverages 24 by brand name within two hundred (200) feet of a premises having a 25 retailer or dealer permit to sell alcoholic beverages. The distance must 26 be determined by measuring between the nearest point on the licensed 27 premises to the nearest point of the sign. 28 (b) A sign advertising alcoholic beverages by brand name may not 29 indicate by arrows, hands, or other similar devices a particular retailer 30 or dealer premises. 31 (c) Notwithstanding subsection (a), a primary source of supply, 32 wholesaler, or salesman salesperson of alcoholic beverages, or the 33 agent or representative of a primary source of supply, wholesaler, or 34 salesman salesperson of alcoholic beverages may place, display, 35 maintain or cause to be placed, displayed, or maintained temporary 36 banners or pennants advertising alcoholic beverages by brand name on 37 or within two hundred (200) feet of a retailer or dealer premises if the 38 banners or pennants commemorate a sporting event, festival, or holiday 39 held in Indiana. The banners or pennants may be displayed under this 40 subsection beginning twenty-one (21) days before the sporting event, 41 festival, or holiday and ending five (5) days after the close of the 42 sporting event, festival, or holiday. 2024 IN 1267—LS 6912/DI 92 168 1 (d) A person who knowingly or intentionally violates this section 2 commits a Class B misdemeanor. 3 SECTION 312. IC 7.1-5-6-2, AS AMENDED BY P.L.159-2014, 4 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2024]: Sec. 2. (a) It is unlawful for a person to act as a 6 salesman, salesperson, regardless of whether the sale is to be made by 7 a seller within this state, to a buyer within or without this state, or by 8 a seller outside this state for delivery to a buyer within this state, or 9 whether the sale otherwise may be legal or illegal, unless that person 10 has applied for and been issued a salesman's salesperson's permit. 11 (b) It is unlawful for a buyer in this state to give an order, bargain, 12 contract, or agreement to a salesman salesperson who does not have 13 a salesman's salesperson's permit. This section does not apply to a 14 permittee of any type, a permittee's agent, or employees working or 15 acting on the licensed premises of the permittee. 16 (c) A person who knowingly or intentionally violates this section 17 commits a Class B misdemeanor. 18 SECTION 313. IC 7.1-5-7-13, AS AMENDED BY P.L.270-2017, 19 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 13. (a) Section 12 of this chapter does not prohibit 21 the following: 22 (1) The employment of a person at least eighteen (18) years of age 23 but less than twenty-one (21) years of age on or about licensed 24 premises where alcoholic beverages are sold, furnished, or given 25 away for consumption either on or off the licensed premises, for 26 a purpose other than: 27 (A) selling; 28 (B) furnishing, other than serving; 29 (C) consuming; or 30 (D) otherwise dealing in; 31 alcoholic beverages. 32 (2) A person at least nineteen (19) years of age but less than 33 twenty-one (21) years of age from ringing up a sale of alcoholic 34 beverages in the course of the person's employment. 35 (3) A person who is at least nineteen (19) years of age but less 36 than twenty-one (21) years of age and who has successfully 37 completed an alcohol server training program certified under 38 IC 7.1-3-1.5 from serving alcoholic beverages in a dining area or 39 family room of a restaurant or hotel: 40 (A) in the course of a person's employment as a waiter, 41 waitress, or server; and 42 (B) under the supervision of a person who: 2024 IN 1267—LS 6912/DI 92 169 1 (i) is at least twenty-one (21) years of age; 2 (ii) is present at the restaurant or hotel; and 3 (iii) has successfully completed an alcohol server training 4 program certified under IC 7.1-3-1.5 by the commission. 5 This subdivision does not allow a person at least nineteen (19) 6 years of age but less than twenty-one (21) years of age to be a 7 bartender. 8 (4) The employment of a person at least eighteen (18) years of age 9 but less than twenty-one (21) years of age on or about licensed 10 premises where alcoholic beverages are sold, furnished, or given 11 away for consumption either on or off the licensed premises if all 12 the following apply: 13 (A) The person is employed as an assistant on a delivery truck. 14 (B) The person's duties with respect to alcoholic beverages are 15 limited to handling alcoholic beverages in connection with the 16 loading, unloading, stowing, or storing of alcoholic beverages 17 that are being delivered or picked up. 18 (C) The person does not sell, furnish, or deal in alcoholic 19 beverages in any manner except as expressly permitted under 20 clause (B). 21 (D) The person acts under the supervision of a driver holding 22 a salesman's salesperson's permit. 23 (E) The person does not collect money for the delivery or pick 24 up. 25 (b) This chapter does not prohibit a person less than twenty-one (21) 26 years of age from being on the premises of a brewery under 27 IC 7.1-3-2-7(5), a farm winery, including any additional locations of 28 the farm winery under IC 7.1-3-12-5, or an artisan distillery under 29 IC 7.1-3-27-5, if the person is: 30 (1) the child, stepchild, grandchild, nephew, or niece of an owner 31 of the: 32 (A) brewery; 33 (B) farm winery; or 34 (C) artisan distiller; and 35 (2) employed on the premises for a purpose other than: 36 (A) selling; 37 (B) furnishing, other than serving; 38 (C) consuming; or 39 (D) otherwise dealing in; 40 alcoholic beverages. 41 A minor described in this subsection is not required to be accompanied 42 by a parent, legal guardian or custodian, or family member who is at 2024 IN 1267—LS 6912/DI 92 170 1 least twenty-one (21) years of age while on the premises of the brewery 2 or farm winery. 3 SECTION 314. IC 7.1-5-8-6, AS AMENDED BY P.L.167-2023, 4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2024]: Sec. 6. (a) It is a Class C misdemeanor for a person to 6 knowingly carry liquor into a restaurant or place of public 7 entertainment for the purpose of consuming it, displaying it, or selling, 8 furnishing, or giving it away to another person on the premises, or for 9 the purpose of having it served to himself the person or another 10 person, then and there. It is a Class C misdemeanor to knowingly 11 consume liquor brought into a public establishment in violation of this 12 section. 13 (b) This section does not apply to a person at an outdoor place of 14 public entertainment that: 15 (1) has an area of at least four (4) acres and not more than six (6) 16 acres; 17 (2) is located within one (1) mile of the White River; 18 (3) is owned and operated by a nonprofit corporation exempt from 19 federal income taxation under Section 501(c)(3) of the Internal 20 Revenue Code; and 21 (4) is used primarily in connection with live music concerts. 22 (c) This section does not apply to a person who carries liquor into 23 a restaurant or place of public entertainment where a qualified 24 organization is conducting: 25 (1) an allowable event to which IC 7.1-3-6.1 applies, and the 26 liquor brought into the establishment is: 27 (A) in sealed bottles or cases; and 28 (B) donated to or purchased by the qualified organization to be 29 offered as a prize in the allowable event; or 30 (2) a charity auction to which IC 7.1-3-6.2 applies, and the liquor 31 brought into the establishment is: 32 (A) in sealed bottles or cases; and 33 (B) donated to or purchased by the qualified organization to be 34 offered for sale in the charity auction. 35 (d) This section does not apply to a craft manufacturer (as defined 36 in IC 7.1-3-30-1) at an event held on the licensed premises of a host 37 permittee (as defined in IC 7.1-3-30-1) under a temporary craft 38 manufacturer hospitality permit issued under IC 7.1-3-30. 39 (e) This section does not apply to a person who brings an alcoholic 40 beverage: 41 (1) purchased from: 42 (A) a vendor (as defined in IC 7.1-3-31-5); or 2024 IN 1267—LS 6912/DI 92 171 1 (B) a designated permittee (as defined in IC 7.1-3-31-2); and 2 (2) into a licensed premises: 3 (A) of a permittee who may or may not be a designated 4 permittee (as defined in IC 7.1-3-31-2); and 5 (B) that is located within a refreshment area designated under 6 IC 7.1-3-31. 7 SECTION 315. IC 7.1-5-11-1.5, AS AMENDED BY P.L.159-2014, 8 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is 10 unlawful for a person in the business of selling alcoholic beverages in 11 Indiana or outside Indiana to ship or cause to be shipped an alcoholic 12 beverage directly to a person in Indiana who does not hold a valid 13 wholesaler permit under this title. This includes the ordering and 14 selling of alcoholic beverages over a computer network (as defined by 15 IC 35-43-2-3(a)). 16 (b) An in-state or an out-of-state vintner, distiller, brewer, rectifier, 17 or importer that: 18 (1) holds a basic permit from the federal Bureau of Alcohol, 19 Tobacco, Firearms and Explosives; and 20 (2) knowingly violates subsection (a); 21 commits a Class A misdemeanor. 22 (c) A person who is not an in-state or an out-of-state vintner, 23 distiller, brewer, rectifier, or importer that holds a basic permit from the 24 federal Bureau of Alcohol, Tobacco, Firearms and Explosives who 25 knowingly violates subsection (a) commits a Level 6 felony. 26 (d) Upon a determination by the commission that a person has 27 violated subsection (a), a wholesaler may not accept a shipment of 28 alcoholic beverages from the person for a period of up to one (1) year 29 as determined by the commission. 30 (e) If the chairman chairperson of the alcohol and tobacco 31 commission or the attorney general determines that a vintner, distiller, 32 brewer, rectifier, or importer that holds a basic permit from the federal 33 Bureau of Alcohol, Tobacco, Firearms and Explosives has made an 34 illegal shipment of an alcoholic beverage to consumers in Indiana, the 35 chairman chairperson shall: 36 (1) notify the federal Bureau of Alcohol, Tobacco, Firearms and 37 Explosives in writing and by certified mail of the official 38 determination that state law has been violated; and 39 (2) request the federal bureau to take appropriate action. 40 (f) The commission shall adopt rules under IC 4-22-2 to implement 41 this section. 42 SECTION 316. IC 7.1-5-11-11, AS AMENDED BY P.L.159-2014, 2024 IN 1267—LS 6912/DI 92 172 1 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 11. (a) It is unlawful for a person to transport into 3 this state upon a public highway of this state, an alcoholic beverage 4 from another state, territory, or country, unless the person 5 accompanying, or in charge of the shipment, has present and available 6 for exhibition: 7 (1) a bill of lading; or 8 (2) other evidence of ownership or shipment authorized by a rule 9 adopted by the commission. 10 (b) It is unlawful for a person to refuse to exhibit, or permit to be 11 read or examined, the bill of lading or other evidence of ownership or 12 shipment upon a lawful demand of the chairman, chairperson, or of a 13 police officer of the state, or of a governmental subdivision of it. 14 (c) A person who knowingly or intentionally violates subsection (a) 15 or (b) commits a Class B misdemeanor. 16 SECTION 317. IC 7.1-5-11-13, AS AMENDED BY P.L.159-2014, 17 SECTION 99, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 13. (a) A railroad company, an express company, 19 and a common carrier shall keep in the office at which delivery of an 20 alcoholic beverage to a consignee is made, a separate record in which 21 shall be entered the information required by this title for the shipment 22 of an alcoholic beverage. 23 (b) This record shall be open to the inspection of the chairman. 24 chairperson. 25 (c) An agent, officer, or employee of a railroad company, express 26 company, or common carrier who knowingly or intentionally violates 27 this section commits a Class B misdemeanor. 28 SECTION 318. IC 8-1-1-2, AS AMENDED BY P.L.136-2018, 29 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 2. (a) There is created the Indiana utility 31 regulatory commission which shall consist of five (5) members, at least 32 one (1) of whom shall be an attorney qualified to practice law before 33 the supreme court of Indiana and not more than three (3) of whom 34 belong to the same political party. 35 (b) The members of the commission and all vacancies occurring on 36 the commission shall be appointed by the governor from among 37 persons nominated by the nominating committee in accordance with 38 IC 8-1-1.5. 39 (c) The members may be removed at any time by the governor for 40 cause. 41 (d) The governor shall appoint one (1) member as chairman. 42 chairperson. 2024 IN 1267—LS 6912/DI 92 173 1 (e) The members of the commission shall be appointed for a term of 2 four (4) years, except when a member is appointed to fill a vacancy, in 3 which case such appointment shall be for such unexpired term only. All 4 members of said commission shall serve as such until their successors 5 are duly appointed and qualified, and while so serving shall devote full 6 time to the duties of the commission and shall not be actively engaged 7 in any other occupation, profession, or business that constitutes a 8 conflict of interest or otherwise interferes with carrying out their duties 9 as commissioners. 10 (f) A member of the commission or any person appointed to any 11 position or employed in any capacity to serve the commission, may not 12 have any official or professional relationship or connection with, or 13 hold any stock or securities or have any pecuniary interest in any public 14 utility operating in Indiana. 15 (g) Each member appointed to the Indiana utility regulatory 16 commission shall take and subscribe to an oath in writing that the 17 member will faithfully perform the duties of the member's office, and 18 support and defend to the best of the member's ability the Constitution 19 and laws of the state of Indiana and of the United States of America, 20 and such oath shall be filed with the secretary of state. 21 (h) The chairman chairperson of the commission shall assign cases 22 to the various members of the commission or to administrative law 23 judges for hearings. 24 SECTION 319. IC 8-1-1-3, AS AMENDED BY P.L.136-2018, 25 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 3. (a) The members of the commission shall meet 27 and organize the commission. The commission may, subject to the 28 approval of the governor, appoint a secretary of the commission. 29 (b) The salaries of the members and secretary of the commission 30 shall be fixed by the governor, subject to the approval of the budget 31 agency; however, the salaries of the chairman chairperson and the 32 members shall not be less than the following annual minimum 33 amounts: 34 (1) For the chairman, chairperson, sixty-five thousand dollars 35 ($65,000). 36 (2) For the members, sixty thousand dollars ($60,000) each. 37 (c) The commission may appoint one (1) or more administrative law 38 judges who shall be responsible to and serve at the will and pleasure of 39 the commission. While serving, the administrative law judges shall 40 devote full time to the duties of the commission and shall not be 41 actively engaged in any other occupation, profession, or business that 42 constitutes a conflict of interest or otherwise interferes with carrying 2024 IN 1267—LS 6912/DI 92 174 1 out their duties as administrative law judges. The salary of each 2 administrative law judge shall be fixed by the commission subject to 3 the approval of the budget agency but may not be less than the 4 following annual amounts: 5 (1) For the chief administrative law judge, forty-five thousand 6 dollars ($45,000). 7 (2) For all other administrative law judges, forty thousand dollars 8 ($40,000). 9 (d) A majority of the commission members shall constitute a 10 quorum. 11 (e) On order of the commission any one (1) member of the 12 commission, or an administrative law judge, may conduct a hearing or 13 an investigation, and take evidence in the hearing or investigation, and 14 report on the hearing or investigation to the commission for the 15 commission's consideration and action; however, a hearing concerning 16 a request for a general increase in the basic rates and charges of a 17 utility in an amount exceeding twenty million dollars ($20,000,000) 18 may only be conducted by one (1) or more commission members. 19 (f) Each member of the commission shall give bond in the sum of 20 ten thousand dollars ($10,000) for the faithful performance of the 21 member's duties. Such bond shall be filed with the secretary of state. 22 (g) The commission shall formulate rules necessary or appropriate 23 to carry out this chapter, and shall perform the duties imposed by law 24 upon it. 25 (h) The commission may: 26 (1) employ, with the approval of the governor and the state budget 27 agency, sufficient professional staff, including specialists, 28 technicians, and analysts, who are exempt from the job 29 classifications and compensation schedules established under 30 IC 4-15; and 31 (2) purchase, lease, or otherwise acquire for the commission's 32 internal use sufficient technical equipment necessary for the 33 commission to carry out its statutory duties. 34 SECTION 320. IC 8-1-1-14, AS AMENDED BY P.L.71-2022, 35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 14. (a) As used in this section, "committee" refers 37 to the interim study committee on energy, utilities, and 38 telecommunications established by IC 2-5-1.3-4(8). 39 (b) The chairman chairperson of the commission shall prepare an 40 annual report and file it with the governor and the chairman 41 chairperson of the legislative council before October 1 of each year. 42 The commission shall present the annual report to the committee before 2024 IN 1267—LS 6912/DI 92 175 1 October 1 of each year. A report filed under this subsection with the 2 chairman chairperson of the legislative council must be in an 3 electronic format under IC 5-14-6. The chairman chairperson shall 4 include in the annual report information for the fiscal year ending June 5 30 of the year in which the report is due. 6 (c) The annual report required under subsection (b) must include the 7 following: 8 (1) An update on the operations of the commission, including the 9 following: 10 (A) Statistics relevant to the workload and operations of the 11 commission. 12 (B) A statement of the commission's revenues by source and 13 expenditures by purpose. 14 (C) A description of the commission's goals, legal 15 responsibilities, and accomplishments. 16 (D) Comments on the state of the commission and the various 17 kinds of utilities that it regulates. 18 (E) Any other matters that the commission wishes to bring to 19 the attention of the governor and the general assembly. 20 (2) Information concerning changes or emerging trends in the 21 energy utility industry, and the effects of those changes or trends 22 on service and on the pricing of all energy utility services under 23 the jurisdiction of the commission. The information reported 24 under this subdivision must include the following: 25 (A) The effects of competition or changes in the energy utility 26 industry, including the impact on customer rates. 27 (B) The status of modernization of the energy utility facilities 28 in Indiana and the incentives in place to further enhance this 29 infrastructure. 30 (C) The effects on economic development of the 31 modernization described in clause (B). 32 (D) Changes in Indiana's electricity generation mix. 33 (E) Any other energy utility matters the commission considers 34 appropriate. 35 (3) Information concerning changes or emerging trends in the 36 water and wastewater utility industries, and the effects of those 37 changes or trends on service and on the pricing of all water and 38 wastewater utility services under the jurisdiction of the 39 commission. The information reported under this subdivision 40 must include the following: 41 (A) The effects of changes in the water and wastewater utility 42 industries, including the impact on customer rates. 2024 IN 1267—LS 6912/DI 92 176 1 (B) The status of water and wastewater utility infrastructure in 2 Indiana and the incentives in place to further enhance this 3 infrastructure. 4 (C) An update on: 5 (i) acquisitions under IC 8-1-30.3; 6 (ii) consolidations; 7 (iii) regionalization; and 8 (iv) service territory disputes; 9 involving water and wastewater utilities. 10 (D) The nature and extent of the jurisdiction of the 11 commission and other state agencies over various types of 12 water and wastewater utilities. 13 (E) Any other water or wastewater utility matters the 14 commission considers appropriate. 15 (4) Information concerning the communications services industry, 16 including the following: 17 (A) The type and availability of communications service 18 provided to Indiana customers, including the provision of 19 video service (as defined in IC 8-1-34-14). 20 (B) Details on the status of the Indiana universal service fund. 21 (C) The status of eligible telecommunications carriers for 22 purposes of receiving: 23 (i) Lifeline reimbursement from the federal universal service 24 fund; 25 (ii) support to serve rural and high cost areas; and 26 (iii) other monetary support from the federal universal 27 service fund; 28 through the administrator designated by the Federal 29 Communications Commission. 30 (D) A summary of the video franchise fee reports submitted 31 under IC 8-1-34-24.5. 32 (E) Any other matters concerning the communications services 33 industry the commission considers appropriate. 34 (5) Information concerning Indiana's pipeline safety program, 35 including the following: 36 (A) An update on the activities of the commission's pipeline 37 safety division established by IC 8-1-22.5-2. 38 (B) An update on activities under IC 8-1-26. 39 (C) An update on the underground plant protection account 40 established by IC 8-1-26-24. 41 (D) Any other matters concerning pipeline safety the 42 commission considers appropriate. 2024 IN 1267—LS 6912/DI 92 177 1 SECTION 321. IC 8-1-1.1-7, AS AMENDED BY P.L.53-2014, 2 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: Sec. 7. (a) There is created the advisory council to the 4 office of the utility consumer counselor. The council consists of nine 5 (9) members. Each Indiana congressional district must be represented 6 by at least one (1) individual appointed under this section who is a 7 resident of that congressional district. However, the reduction in 8 membership of the council from ten (10) members to nine (9) shall be 9 accomplished as the terms of members end and new members are 10 appointed. Until the expiration of the term of a member who is serving 11 on the council on January 1, 2014, and resides in the same 12 congressional district as another member, the council consists of ten 13 (10) members. 14 (b) Members of the council, including those filling vacancies 15 occurring in the council membership, shall be appointed by the 16 governor. All members shall be appointed to a term of four (4) years, 17 except those who have been appointed to fill a vacancy in the council 18 whose term will be the unexpired portion of the term. All members 19 shall serve until their successor has been duly appointed and qualified. 20 (c) The membership shall be representative of the various sectors of 21 Indiana economy, including, but not limited to: agriculture, business 22 and industry, labor, and local government. 23 (d) The members shall annually elect of themselves a chairman. 24 chairperson. 25 (e) Members are entitled to receive per diem and travel expense 26 reimbursement at the standard rates provided for state employees for 27 expenses they incur in the performance of their duties under this 28 chapter subject to the approval of the consumer counselor. 29 SECTION 322. IC 8-1-1.1-8.1 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8.1. (a) The council 31 shall meet at the call of the chairman chairperson or the consumer 32 counselor. 33 (b) The council shall receive, review, and advise the consumer 34 counselor with respect to problems and concerns of ratepayers and 35 consumers arising from the regulation of utilities, motor carriers, or 36 railroads in Indiana. The office of consumer counselor shall provide 37 necessary clerical and staff assistance for the council. 38 SECTION 323. IC 8-1-1.5-3 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) There is 40 established a nominating committee for the purpose of submitting to 41 the governor nominations of candidates to fill vacancies on the 42 commission. The committee consists of seven (7) members, not more 2024 IN 1267—LS 6912/DI 92 178 1 than four (4) of whom shall belong to the same political party and none 2 of whom may be a member of the general assembly. 3 (b) The governor shall appoint three (3) members of the nominating 4 committee and designate one (1) as chairman. chairperson. The 5 speaker of the house of representatives, the president pro tempore of 6 the senate, the minority leader of the senate, and the minority leader of 7 the house of representatives shall each appoint one (1) member of the 8 nominating committee. Each appointment shall be certified to the 9 secretary of state within ten (10) days of the appointment. 10 (c) Each member of the nominating committee shall be appointed 11 for a term of four (4) years. 12 (d) Whenever a vacancy occurs on the nominating committee, the 13 chairman chairperson of the committee shall promptly notify the 14 official who appointed the member whose position is vacant. That 15 official shall appoint a new member within sixty (60) days after 16 receiving notice of the vacancy. The term of the member so appointed 17 shall be for the unexpired term of the member whose vacancy he the 18 member has filled. An appointment to fill a vacancy shall be certified 19 to the secretary of state within ten (10) days of the appointment. 20 (e) After the names of members appointed to the nominating 21 committee have been certified to the secretary of state, the secretary of 22 state shall, by regular mail, notify the members of the committee of 23 their appointment. 24 SECTION 324. IC 8-1-1.5-5 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) When a vacancy 26 occurs on the commission, the governor shall promptly notify the 27 chairman chairperson of the nominating committee of the vacancy. 28 The chairman chairperson shall call a meeting of the committee within 29 ten (10) days after the notice. The nominating committee shall submit 30 its nominations of three (3) candidates for each vacancy and certify 31 them to the governor no later than forty (40) days from the time the 32 vacancy occurs. When it is known that a vacancy will occur at a 33 definite future date, but the vacancy has not yet occurred, the governor 34 shall notify the nominating committee immediately thereof, and the 35 committee may, within sixty (60) days of the notice of the vacancy, 36 make its nominations and submit to the governor the names of three (3) 37 persons nominated for the forthcoming vacancy. 38 (b) The governor may appoint to the commission one (1) of the three 39 (3) persons nominated by the nominating committee for a vacancy, or 40 the governor may reject all of such nominees. If the governor rejects all 41 of such nominees, he the governor shall so notify the chairman 42 chairperson of the nominating committee, and the committee shall 2024 IN 1267—LS 6912/DI 92 179 1 certify the nominations of three (3) additional candidates to the 2 governor not later than forty (40) days after receipt of such notice. The 3 governor shall fill the vacancy on the commission from one (1) of such 4 additional nominees. 5 SECTION 325. IC 8-1-1.5-7 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The nominating 7 committee shall meet from time to time as may be necessary to 8 discharge its responsibilities under this chapter. Meetings of the 9 committee shall be called by its chairman, chairperson, or in the event 10 of his the chairperson's failure to call a meeting when a meeting may 11 be necessary, upon the call of any four (4) members of the committee. 12 The chairman, chairperson, whenever he the chairperson deems a 13 meeting necessary or upon the request of any four (4) members of the 14 committee for a meeting, shall give each member of the committee at 15 least five (5) days written notice by mail of the time and place of every 16 meeting, unless the committee at its previous meeting designated the 17 time and place of its next meeting. 18 (b) Meetings of the nominating committee are to be held at such a 19 place in Indiana as the chairman chairperson of the committee may 20 arrange. 21 (c) The nominating committee shall act only at a meeting and may 22 act only on the concurrence of a majority of its members attending a 23 meeting. Four (4) members shall constitute a quorum. The committee 24 has the power to adopt rules under IC 4-22-2 for the conduct of its 25 proceedings and the discharge of its duties. These rules shall include 26 procedures by which eligible candidates for a vacancy on the 27 commission may submit their names to the nominating committee. 28 SECTION 326. IC 8-1-2-63 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 63. Each witness who 30 shall appear before the commission or its agent by its order, shall 31 receive for his the witness's attendance the fees and mileage now 32 provided for witnesses in civil cases in courts of record which shall be 33 audited and paid by the state, in the same manner as other expenses are 34 audited and paid, upon the presentation of proper vouchers sworn to by 35 such witnesses and approved by the chairman chairperson of the 36 commission. No witnesses subpoenaed at the instance of parties other 37 than the commission shall be entitled to compensation from the state 38 for attendance or travel unless the commission shall certify that his the 39 witness's testimony was material to the matter investigated; Provided, 40 That the commission shall have power to pass upon, approve and limit 41 the expenditures of a public utility in connection with a rate case which 42 are to be charged against the rate base and to be amortized over a 2024 IN 1267—LS 6912/DI 92 180 1 period of years as determined by the commission; it being the intent 2 and purpose to prevent excessive expenditures by the utilities for expert 3 witnesses, legal and stenographic expenses in rate hearings and 4 appraisals. 5 SECTION 327. IC 8-1-2.2-8, AS AMENDED BY P.L.136-2018, 6 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 8. (a) The governing bodies of two (2) or more 8 municipalities may, by resolution or ordinance, determine that it is in 9 their best interests to create a joint agency, for the purpose of 10 undertaking the planning, financing, ownership, and operation of a 11 project or projects to supply electric power and energy for their present 12 or future needs. Any joint agency created under this chapter shall be a 13 body corporate and politic and a political subdivision of the state, and 14 in exercising its powers under this chapter, it shall be deemed to be 15 exercising a part of the sovereign powers of the state. The activities of 16 the joint agency in carrying out the purposes of this chapter shall 17 constitute state action. A joint agency created under this chapter is 18 considered a governmental entity for purposes of IC 34-13-3. 19 (b) In determining whether or not the creation of a joint agency is in 20 their best interests, the governing bodies shall consider the following: 21 (1) Whether cost reduction, efficiencies, or other advantages may 22 be realized by creating a joint agency. 23 (2) Whether better financial market acceptance may result if a 24 joint agency is responsible for issuing all of the bonds for the 25 project or projects in a timely and orderly manner and with 26 uniform credit ratings as opposed to multiple municipalities 27 making separate issues of bonds. 28 If each governing body determines that it is in the best interests of the 29 municipality to create a joint agency, each governing body shall adopt 30 a mutually acceptable resolution or ordinance so finding (which need 31 not prescribe in detail the basis for the determination), which shall set 32 forth the names of the municipalities proposed to be members of the 33 joint agency and shall authorize any two (2) or more of such 34 municipalities to enter into a contract for the creation of the joint 35 agency. After the execution of the contract, each municipality shall 36 cause notice of the execution of the contract to be given to the 37 presiding officer of the governing body of the municipality. The 38 governing body shall thereupon appoint in writing one (1) 39 commissioner of the joint agency. 40 (c) The appointed commissioners shall convene and issue a 41 statement containing: 42 (1) a brief description of the resolution creating the joint agency; 2024 IN 1267—LS 6912/DI 92 181 1 (2) the name of the agency; 2 (3) the participating municipalities; and 3 (4) the names and addresses of the appointed commissioners. 4 The commissioners shall file copies of the statement with the 5 commission, the secretary of state, and with the recorder of each county 6 in which the member municipal utilities provide service. 7 (d) The joint agency shall consist of a board of commissioners. The 8 governing body of each municipality shall appoint one (1) 9 commissioner who may be an officer or employee of the municipality 10 or a member or employee of the board described in IC 8-1.5-3-3(a). 11 The appointment of a commissioner shall be made by resolution or 12 ordinance. Each commissioner shall have not less than one (1) vote and 13 may have such number of additional votes as a majority of the 14 members of the joint agency shall determine. Each commissioner shall 15 serve at the pleasure of the governing body by which the commissioner 16 was appointed. A person may not serve as a commissioner on behalf of 17 more than one (1) municipality at the same time. Each appointed 18 commissioner before entering upon the commissioner's duties shall 19 take and subscribe to an oath before a person authorized by law to 20 administer oaths to execute the duties of the commissioner's office 21 faithfully and impartially, and a record of the oath shall be filed with 22 the governing body of the appointing municipality and entered in its 23 minutes. 24 (e) The board of commissioners of the joint agency shall annually 25 elect, from among its membership, a chairman chairperson and a vice 26 chairman. chairperson. It shall also annually elect another person or 27 persons, who may be commissioners, as treasurer and secretary. It may 28 also annually elect, if desired, one (1) or more assistant secretaries. The 29 office of treasurer may be held by the secretary or an assistant 30 secretary. The board of commissioners may also appoint additional 31 officers. The secretary or assistant secretary of the joint agency shall 32 keep a record of its proceedings, and the secretary shall be the 33 custodian of all records, books, documents, and papers filed with the 34 joint agency, the minute book or journal of the joint agency, and its 35 official seal. Either the secretary or an assistant secretary of the joint 36 agency may cause copies to be made of all minutes and other records 37 and documents of the joint agency and may give certificates under the 38 official seal of the joint agency to the effect that such copies are true 39 copies, and all persons dealing with the joint agency may rely upon 40 such certificates. 41 (f) A majority of the commissioners of a joint agency constitute a 42 quorum. A vacancy in the board of commissioners of the joint agency 2024 IN 1267—LS 6912/DI 92 182 1 shall not impair the right of a quorum to exercise all the rights and 2 perform all the duties of the joint agency. Any action taken by the joint 3 agency under this chapter may be authorized by resolution at any 4 regular or special meeting, and each resolution takes effect 5 immediately and need not be published or posted. A contract that is 6 approved by a resolution of the board of commissioners may provide 7 that an action may be taken under a delegation provision in the contract 8 if the action taken is consistent with prudent utility practice. A majority 9 of the votes which the convened commissioners are entitled to cast 10 shall be sufficient to take any action or to pass any resolution, so long 11 as the convened commissioners are entitled to cast a majority of the 12 total number of votes held by the full board. 13 (g) Except as provided in this subsection, no commissioner of a joint 14 agency may receive from the joint agency any compensation for the 15 performance of the commissioner's duties under this chapter. However, 16 each commissioner may be paid the commissioner's necessary expenses 17 incurred while engaged in the performance of the commissioner's 18 duties. In addition, a municipality may pay the commissioner it 19 appoints up to fifteen dollars ($15) per day for each day or fraction of 20 a day the commissioner is engaged in the performance of duties under 21 this chapter, but only if the commissioner is not a person holding a 22 lucrative office. 23 (h) The board of commissioners of the joint agency may create an 24 executive committee of the board of commissioners. The board may 25 provide for the composition of the executive committee. The executive 26 committee shall have and shall exercise such of the powers and 27 authority of the board of commissioners during the intervals between 28 the board's meetings as shall be prescribed in the bylaws of the joint 29 agency. The terms of office of the members of the executive committee 30 and the method of filling vacancies on the executive committee shall 31 be fixed by the bylaws of the joint agency. 32 (i) Additional municipalities may join a joint agency upon such 33 terms and conditions as shall be provided in the contract for the 34 creation of the joint agency. 35 SECTION 328. IC 8-1-11.1-3 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The board of 37 directors for utilities shall have, within and outside such city as 38 provided in this chapter, the exclusive government, management, 39 regulation, and control of all public utilities consisting of any 40 waterworks, gasworks, electric light works, heating and power plants 41 of any kind or character, telephone and other systems of 42 communication, and local transportation systems of any kind operated 2024 IN 1267—LS 6912/DI 92 183 1 upon, above, or below any street or territory within the city, or outside 2 the city within the limits authorized by law, and all property held by 3 and relating or belonging thereto. Any of which public utilities any 4 such city may acquire or construct for the service of the public as 5 consumers, users, or patrons, and including any public utility and all 6 property which such city may hold as trustee for the benefit of the 7 inhabitants of such city. Such board of directors may furnish and sell 8 service and products of and make all necessary construction, 9 reconstruction, repairs, renewals, enlargements, extensions, or 10 additions to any such plant or property of any such public utility so 11 owned or at any time so held in trust, which in the judgment of the 12 board of directors is desirable or necessary for the proper conduct of 13 such business and the proper serving of the inhabitants of the city and 14 adjacent, contiguous, or suburban communities or territory within the 15 county wherein such city is situated and served, or reasonably capable 16 of being served, in any manner by or with respect to any such utility. 17 (b) The board of directors may lease any such utility property for a 18 term not exceeding thirty-five (35) years to any person, partnership, 19 limited liability company, or corporation, and without the approval of 20 the commission, such lease to be upon such terms and conditions as the 21 board may deem to be to the best interest of such city and the city's 22 inhabitants. No such lease shall be valid or effective until it has been 23 approved by the board of trustees and duly ratified and approved by an 24 ordinance of the city. The board and the city-county legislative body 25 must each vote such approval by a two-thirds (2/3) vote of their total 26 membership. In any such lease an option may be given to such lessee 27 to extend the same for a period not to exceed ten (10) additional years. 28 (c) In connection with the duties devolving upon such board of 29 directors in the government, management, regulation, control, and 30 operation of all such utilities, it may act as follows: 31 (1) To condemn, appropriate, lease, rent, purchase, and hold any 32 real estate, rights-of-way, materials, or personal property within 33 such city or within five (5) miles of the corporate limits of the city 34 needed for the proper giving of service by any such utility to the 35 inhabitants of the city and the community contiguous thereto and 36 served from any such utility plant. 37 (2) To design, order, contract for, and construct any and all 38 necessary or desirable extensions of or additions to any utility 39 plant and property owned or so held in trust by the city, and to 40 enter into all necessary contracts with reference thereto, and with 41 reference to the purchase of materials and supplies needed for the 42 operation of any such plant or plants, in accordance with such 2024 IN 1267—LS 6912/DI 92 184 1 rules as may be adopted by such board of directors, and without 2 the necessity of advertising for bids, or without such other 3 restrictions as are imposed by any law of Indiana with reference 4 to the letting of contracts for work, material, or supplies by 5 municipal bodies or other governmental agencies. 6 (3) To sell any products or byproducts, and enter into executory 7 contracts for the sale, to anyone whatsoever and without any 8 restriction concerning the taking of bids therefor or otherwise. 9 (4) To operate any such plant or plants, to receive and collect all 10 money due on account of such operation or otherwise relating to 11 such plant or plants or business and in connection therewith to 12 employ such managers, superintendents, assistant managers, 13 assistant superintendents, engineers, attorneys, auditors, clerks, 14 foremen, supervisors, and other employees necessary for the 15 proper carrying on and operation of any such utility plant or plants 16 and the business and to fix the compensation of all such 17 employees. No contract of employment shall be made for a longer 18 fixed period than four (4) years. However, a contract of 19 employment may be extended or renewed from time to time 20 thereafter. The directors may elect from their membership an 21 executive committee consisting of not more than three (3), who 22 may be assigned to the supervision of any one (1) or more of such 23 utilities and who shall, in the intervals between the meetings of 24 the directors, exercise all the powers and duties of the directors, 25 all of their acts to be subject, however, to the approval of the 26 directors, and to fix any such additional compensation to the 27 members of the executive committee, in addition to their salaries 28 as directors, as shall be reasonable. The additional compensation 29 shall be fixed by a resolution of the directors entered of record at 30 the time of the appointment of the executive committee. 31 Whenever any such city shall acquire, hold, own, or so hold in 32 trust for the city's inhabitants more than one (1) such public utility 33 and the property of the city, such board of directors shall have 34 power to select additional executive committees from their 35 membership in the same manner and with the same power as the 36 executive committee first selected, which committee may be 37 assigned by such board to any such utilities deemed necessary. In 38 the selection of employees, other than managers, superintendents, 39 assistant managers, assistant superintendents, engineers, 40 attorneys, and auditors, the board of directors shall provide for a 41 merit system of employment to be determined by competitive 42 examination, except as to unskilled and common laborers, in 2024 IN 1267—LS 6912/DI 92 185 1 which political, religious, or other personal affiliations may not be 2 considered. In selecting managers the directors shall consider 3 character, training, and general expert and executive fitness and 4 experience for the position in the particular utility to which such 5 manager is to be assigned, as the necessary requirements for 6 appointment. 7 (5) To rent such offices and other real estate and property for the 8 conduct of the business of such utility or utilities as may be 9 deemed needful and enter into contracts with reference to the 10 rental and use of the offices, real estate, and property. No such 11 contract shall be made for a longer period than ten (10) years. 12 (6) In the event there be an open mortgage upon any utility 13 property acquired by any such city, either in absolute ownership 14 or in trust, by the terms of which mortgage additional bonds may 15 be taken down from the trustee under such mortgage to meet in 16 whole or in part the cost of extensions and improvements to the 17 mortgaged property, the board of directors may perform all things 18 necessary in order to secure the benefit of such mortgage 19 provisions and to enable the escrow bonds held by the trustee 20 under any such mortgage to be taken down and sold in order to 21 defray the cost of any extensions and betterments to such property 22 and to sell any such bonds so taken down for the purpose of 23 assisting in defraying the costs of any such extensions or 24 betterments to such property. 25 (7) To take over, adopt, and assume the performance of the 26 provisions of any lease under which any utility property may be 27 held at the time of the acquisition of any utility by any such city, 28 either in absolute ownership or in trust and to take any and all 29 steps necessary to perform and fulfill the terms of any such lease, 30 and to obtain and preserve the benefits from the lease. In the 31 event there be any outstanding open mortgage upon the property 32 covered by such lease so taken over under the provisions of which 33 bonds may be withdrawn from the trustee under such mortgage 34 for the purpose of paying all or part of the cost of additions to the 35 property covered by such mortgage, to do all things necessary in 36 order to secure the benefit of such mortgage provisions and to 37 enable the escrow bonds held by the trustee under any such 38 mortgage to be taken down and sold in order to defray the cost of 39 any extensions and betterments to such leased property and to sell 40 any such bonds so taken down for the purpose of assisting in 41 defraying the costs of any such extensions or betterments to such 42 leased property. 2024 IN 1267—LS 6912/DI 92 186 1 (8) To preserve the corporate organization of any company 2 engaged in the mining of coal, or any other commercial or 3 manufacturing business, the stock of which may be owned by any 4 utility whose property and assets may be taken over by any such 5 city, either in absolute ownership or in trust and in connection 6 with the taking of the property by the city to cause the stock of 7 any such company to be issued in the name of the board of 8 directors for utilities except as to qualifying shares for directors 9 and to cause such qualifying shares to be issued in the names of 10 such individuals as the board of directors may name and to vote 11 any such stock for the election of directors, who may be members 12 of such board of trustees for utilities. However, no member of 13 such board of directors shall receive any compensation, directly 14 or indirectly, as a director, officer, or employee of any such 15 company, other than the compensation provided in this chapter as 16 a member of the board of directors for utilities. Through the 17 control thus given of any company, the board of directors for 18 utilities shall be authorized to do all things necessary to cause any 19 such coal mining company or other company efficiently to carry 20 on its operations and to conduct its business in the same manner 21 as if its stocks were owned by private individuals. 22 (9) To adopt rules for service and rates for service in connection 23 with the furnishing of any public utility service by the city to 24 consumers, users, or patrons. However, any such rules and rates 25 for service shall be in effect only after the rules and rates have 26 been filed with and approved by the commission and such 27 approval shall be granted by the commission only after notice of 28 hearing and hearing as provided by IC 8-1-1 and IC 8-1-2, and 29 only after determining compliance of the rates of service with 30 IC 8-1.5-3-8 and IC 8-1.5-3-10 and only after determining 31 compliance of the rules of service with IC 8-1-1 and IC 8-1-2, 32 along with the rules and standards of service for municipal 33 utilities of Indiana approved by the commission. 34 (10) To take over all contracts and rights of any kind or character, 35 and to fulfill and perform all obligations relating to the property 36 and business of any utility company whose property may be taken 37 over by any such city, either in absolute ownership or in trust. 38 (11) To make all rules and bylaws customary in private 39 corporations for their own conduct of business and necessary for 40 the proper government and supervision of the utilities under their 41 control. Any such rules and bylaws shall be subject to the 42 approval of the board of trustees. 2024 IN 1267—LS 6912/DI 92 187 1 SECTION 329. IC 8-1-15-3 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Any person feeling 3 himself aggrieved by the proposed vacation or relocation may file a 4 written remonstrance with the court at any time prior to the time set 5 forth for hearing upon any one or more of the following grounds and no 6 other to wit: 7 (a) (1) That the highway or portion thereof proposed to be vacated 8 or relocated is necessary to the growth of the county or counties 9 in which it is located. 10 (b) (2) That the proposed vacation or relocation will leave the real 11 estate of the remonstrant without means of ingress or egress by a 12 public highway. 13 (c) (3) That such vacation or relocation will deny the public 14 access to some public building, church or school or public 15 grounds. 16 (d) (4) That the material allegations of the petition or any of them 17 are not true. 18 SECTION 330. IC 8-1.5-3-3, AS AMENDED BY P.L.164-2019, 19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 3. (a) The legislative body of a municipality may, 21 by ordinance, provide for the control of any or all of its municipally 22 owned utilities by: 23 (1) the municipal works board; 24 (2) a board consisting of the members of the municipal legislative 25 body; 26 (3) a utility service board established under subsection (f) or 27 established before January 1, 1983, under IC 8-1-2-100 28 (repealed); or 29 (4) the board of directors of a department of waterworks 30 established under IC 8-1.5-4. 31 The legislative body of a third class city also may adopt an ordinance 32 under this subsection to provide for the control of any or all of its storm 33 water facilities by a board described in subdivisions (1) through (4). An 34 ordinance granting control of any or all of a third class city's storm 35 water facilities to a board described in this subsection may be separate 36 from or combined with an ordinance granting control of the third class 37 city's municipally owned utilities to a board described in this 38 subsection. 39 (b) If, at the time an ordinance is adopted under subsection (a) to 40 grant control of any or all of a third class city's storm water facilities to 41 a board described in subsection (a) the third class city has a department 42 of storm water management under IC 8-1.5-5, the ordinance must 2024 IN 1267—LS 6912/DI 92 188 1 specify a procedure for the transition of control of the affected storm 2 water facilities from the board of directors of the department of storm 3 water management to the board described in subsection (a). 4 (c) The registered voters of a municipality may file a petition 5 addressed to the legislative body requesting that the question of the 6 creation of a utility service board be submitted to a referendum. The 7 petition must be signed by at least the number of the registered voters 8 of the municipality required under IC 3-8-6-3 to place a candidate on 9 the ballot. 10 (d) Within thirty (30) days after a petition is filed, the municipal 11 clerk shall certify to the legislative body and to the county election 12 board that a sufficient petition has been filed. 13 (e) Following certification, the legislative body shall submit the 14 question of the creation of a utility service board to a referendum at the 15 next election. The question shall be submitted to the registered voters 16 of the municipality by placement on the ballot in the form prescribed 17 by IC 3-10-9-4 and must state: 18 "Shall the legislative body of the municipality of _____________ 19 adopt an ordinance providing for the appointment of a utility service 20 board to operate ____________ (Insert name of utility here)?". 21 (f) If a majority of the voters voting on the question vote for the 22 creation of a utility service board, the legislative body shall, by 23 ordinance, establish a utility service board consisting of not less than 24 three (3) nor more than seven (7) members. All members must be 25 residents of the area served by the board. The ordinance must provide 26 for: 27 (1) a majority of the members to be appointed by the executive 28 and a minority of the members to be appointed by the legislative 29 body; 30 (2) the terms of the members, which may not exceed four (4) 31 years, with initial terms prescribed so that the members' terms will 32 be staggered; 33 (3) the salaries, if any, to be paid to the members; and 34 (4) the selection by the board of a chairman, chairperson, who 35 shall not be considered the head of a department for purposes of 36 IC 36-4-9-2. 37 (g) The registered voters of the municipality may also file a petition 38 requesting that the question of the abolition of the utility service board 39 be submitted to a referendum. The procedure for filing of the petition 40 and the referendum is the same as that prescribed by subsections (c) 41 through (e). 42 SECTION 331. IC 8-3-7-2 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 189 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. In case any railroad 2 company shall refuse or neglect to comply with the requirements 3 specified in section 1 of this chapter, such company shall be liable in 4 a penalty of twenty-five dollars ($25), to be prosecuted for in an action 5 of debt by any person feeling himself aggrieved. Said suit may be 6 brought before any court in the county, who shall require of the 7 complainant surety to pay costs in case he the complainant fails to 8 maintain his the action. Summons may be served on any agent or 9 officer of the company. 10 SECTION 332. IC 8-3-17-1 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. Upon the application 12 in writing of a company owning, leasing, using, or operating a railroad 13 in Indiana accompanied by the statements of three (3) reputable Indiana 14 citizens testifying to the moral character of the applicant, the Indiana 15 department of transportation shall appoint and commission persons the 16 company designates and the department finds to be suitable and 17 qualified persons, to act as policemen police officers for the company, 18 upon the premises of the company, or elsewhere within Indiana, when 19 engaged in the discharge of their duties as policemen police officers 20 for that company. Every policeman police officer appointed shall be 21 known as a railroad policeman police officer and shall be a person of 22 good moral character. The policeman police officer shall be 23 commissioned so long as the policeman police officer is employed by 24 the company on whose application the policeman police officer was 25 appointed, unless the policeman's police officer's commission is 26 sooner revoked by the Indiana department of transportation for good 27 cause shown, or by the company on whose application the railroad 28 policeman police officer was appointed, as provided in section 8 of this 29 chapter. 30 SECTION 333. IC 8-3-17-2 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Every policeman 32 police officer appointed under this chapter shall, before entering upon 33 the duties of office, take and subscribe an oath of office, which shall be 34 endorsed upon the officer's commission, and the commission, with the 35 oath, shall be recorded in the office of the clerk of the circuit court of 36 the county in which the policeman police officer resides. Every 37 policeman police officer who is appointed and commissioned as 38 provided in this chapter shall have, exercise, and possess, throughout 39 Indiana, while engaged in the discharge of the police officer's duties as 40 a policeman, police officer, the powers of sheriffs, marshals, 41 constables, and municipal police officers, except in the service of civil 42 process. 2024 IN 1267—LS 6912/DI 92 190 1 (b) A policeman police officer who is appointed and commissioned 2 under this chapter must wear a distinctive uniform and a badge of 3 authority or must operate a motor vehicle that is clearly marked as a 4 police vehicle when exercising the officer's authority to arrest or issue 5 a traffic information and summons to a person for the violation of a law 6 or ordinance regulating the use and operation of a motor vehicle on a 7 public highway. 8 SECTION 334. IC 8-3-17-3 IS AMENDED TO READ AS 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Such policemen 10 police officers shall enforce and compel obedience to the laws of this 11 state and to the ordinances of the cities and towns thereof, when 12 engaged in the discharge of their duties as policemen police officers 13 for such company, and the keepers of jails, lock-ups and station-houses, 14 in any county, city or town shall receive all persons arrested by such 15 policemen police officers for the commission of any offense against 16 the laws of this state, or the ordinances of any such city or town, to be 17 dealt with according to law, and persons so arrested shall be received 18 by such keepers of jails, lock-ups or station-houses, on the same basis, 19 and such persons shall have the same status as prisoners arrested by 20 any other peace officer of the state of Indiana. 21 SECTION 335. IC 8-3-17-3.5 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) All railroad 23 police commissioned under this chapter shall, within one (1) year of 24 their commissioning, successfully complete all educational and training 25 requirements established by rule of the Indiana department of 26 transportation. 27 (b) Any newly commissioned railroad policeman police officer who 28 has had previous law enforcement experience and schooling which 29 exceeds the training requirements established by the Indiana 30 department of transportation may, upon proof of the policeman's police 31 officer's previous experience and training, obtain a waiver of the 32 training requirements imposed by this section. 33 SECTION 336. IC 8-3-17-4 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Every policeman 35 police officer so appointed and commissioned shall, when on duty, as 36 herein provided, wear a metallic badge, with the word "Police" and the 37 name of the railroad company for which he the police officer is 38 appointed, inscribed thereon, and he the police officer shall exhibit 39 such badge, on demand, and before making an arrest. 40 SECTION 337. IC 8-3-17-5 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The compensation 42 for such policemen police officers shall be paid by the company for 2024 IN 1267—LS 6912/DI 92 191 1 which they are respectively appointed. 2 SECTION 338. IC 8-3-17-6 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Every policeman 4 police officer appointed and commissioned shall, before entering upon 5 the discharge of the policeman's police officer's duties, give a surety 6 bond of five thousand dollars ($5,000), conditioned upon the faithful 7 performance of the policeman's police officer's duties. All the bonds 8 shall be filed with and approved by the Indiana department of 9 transportation, and, upon filing the bond, the policeman police officer 10 shall pay to the department ten dollars ($10). 11 SECTION 339. IC 8-3-17-7 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Upon the issuance 13 of a commission to any policeman, police officer, as provided for in 14 this chapter, the Indiana department of transportation shall also issue 15 to that policeman police officer a certificate certifying that the 16 commission has been issued, giving the name of the policeman police 17 officer commissioned, the name of the railroad company that 18 policeman police officer represents, and designating the date on which 19 the commission was issued. The certificates shall be of the form, size, 20 and description as the department may determine. 21 SECTION 340. IC 8-3-17-8 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. When a company no 23 longer requires the services of a policeman, police officer, it shall file 24 a notice to that effect, under its corporate seal, with the clerk of the 25 circuit court of the county where the commission of that policeman 26 police officer is recorded, which shall be noted by the clerk of the 27 circuit court upon the margin of the record where the commission is 28 recorded. The company shall also file notice with the Indiana 29 department of transportation. Thereupon, the powers of that policeman 30 police officer terminate. 31 SECTION 341. IC 8-4-1-19, AS AMENDED BY P.L.146-2017, 32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2024]: Sec. 19. At any time after an attempt to acquire title by 34 appraisal of damages or otherwise, if it shall be found that the title 35 thereby attempted to be acquired is defective, the rail carrier may 36 proceed anew to acquire or perfect the same in the same manner as if 37 no appraisal had been made. At any stage of such new proceedings, the 38 court may authorize the rail carrier, if in possession, to continue in 39 possession, and, if not in possession, to take possession of and use such 40 real estate during the pendency and until the final conclusion of such 41 new proceedings; and may stay all actions and proceedings against the 42 rail carrier, or any officer, agent or workman worker of the rail carrier, 2024 IN 1267—LS 6912/DI 92 192 1 on account thereof, on the rail carrier paying into court a sufficient 2 sum, as the court may direct to pay the compensation therefor when 3 finally ascertained; and in every such case, the party interested in such 4 real estate may conduct the proceedings to a conclusion, if the rail 5 carrier delays or omits to prosecute the same. 6 SECTION 342. IC 8-4-1-24 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 24. Every conductor, 8 baggagemaster, engineer, brakeman, brake person, or other servant of 9 any such railroad corporation, employed on a passenger train or at 10 stations for passengers, shall wear upon his the person's hat or cap a 11 badge, which shall indicate his the person's office and the initialed 12 letters of the style of the corporation by which he the person is 13 employed. No collector or conductor, without such badge, shall 14 demand or be entitled to receive from any passenger any fare, toll or 15 ticket, or exercise any of the powers of his the person's office; and no 16 other of said officers or servants, without such badge, shall have any 17 authority to meddle or interfere with any passenger or property. 18 SECTION 343. IC 8-6-5-1 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. All railroads owned 20 or operated in the state having more than two (2) tracks across any 21 public highway or road, and used for switching purposes exclusively 22 or regularly, or if only one (1) track and used for switching purposes, 23 said railroad corporation shall, upon the order of the county 24 commissioners in which said railroad is located, place a flagman 25 flagger at said crossing and maintain the same at their expense from 26 six o'clock a.m. to eight o'clock p.m. of each day and every day, or so 27 long as said commissioners deem it necessary. 28 SECTION 344. IC 8-6-14-2 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. When such railroad 30 is fenced on one (1) or both sides at the point where such way is 31 constructed, such owner shall erect and maintain substantial gates in 32 the line of such fence or fences across such way, and keep the same 33 securely locked when not in use by himself the owner or the owner's 34 employees. 35 SECTION 345. IC 8-8-3-1 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. In addition to the 37 powers granted the Indiana department of transportation in other 38 statutes, the department shall investigate whether or not locomotive 39 engines are constructed and built so that the engineer and fireman 40 stoker employed and working thereon and operating the locomotive 41 engine are, at all times when operating the locomotive engine, in plain 42 view and sight of each other and so situated and located in the 2024 IN 1267—LS 6912/DI 92 193 1 performance of their duties that when so at work, engaged in operating 2 and running the locomotive engines, there are no walls, partitions, 3 machinery, parts, or appliances of the engine or other obstructions to 4 prevent the fireman stoker and engineer from readily, quickly, and 5 easily seeing and communicating with each other. 6 SECTION 346. IC 8-8-3-3 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. The Indiana 8 department of transportation may require locomotive engines to be so 9 constructed that the engineer and fireman's stoker's view ahead from 10 the front cab windows is clear and unobstructed by any part of the 11 engine, equipment, or appliances used or operated, and constructed that 12 the cab deck shall be of the same height, and shall give the fireman 13 stoker and engineer operating the locomotive engine an even surface 14 to stand and work upon, and constructed that the switch engines have 15 the tank and tender built so that the engineer and fireman stoker 16 operating and controlling the locomotive engine can have a clear view 17 along the track, both front and rear, without the view being obstructed 18 by part of the engine, tank, or tender. 19 SECTION 347. IC 8-9-5-1 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. A person who 21 operates a locomotive engine, upon any railroad in Indiana more than 22 twenty-five (25) miles in length, without having worked or served for 23 the preceding six (6) months as a fireman stoker or engineer on a 24 locomotive engine, commits a Class C infraction. Each day he the 25 person so operates such an engine constitutes a separate offense. A 26 person who for part of the six (6) months has worked or served as a 27 fireman stoker on a locomotive engine and for the remainder of the 28 period has worked or served as an engineer on such a locomotive 29 engine is considered to have the qualifications required by this chapter 30 to operate a locomotive engine. 31 SECTION 348. IC 8-9-5-2 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. If any person shall 33 act or serve as a conductor on a railroad train upon any railroad in the 34 state of Indiana which is more than twenty-five (25) miles in length 35 without, for one (1) year prior thereto, having worked or served as a 36 brakeman brake person or conductor on a railroad train, he the person 37 commits a Class C infraction, and each day he the person so acts or 38 serves shall constitute a separate offense: Provided, That any person 39 who for part of said period of one (1) year has worked or served as a 40 brakeman brake person on a railroad train and for the remainder of 41 such period has worked or served as a conductor on such a train shall 42 be deemed to possess the qualifications required by this chapter to 2024 IN 1267—LS 6912/DI 92 194 1 serve or act as such a conductor. 2 SECTION 349. IC 8-9-5-5 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Nothing in this 4 chapter shall be construed as applying to the running or operating of 5 engines in taking engines to or from trains at division terminals by 6 engine hostlers, or the shifting of cars or making up trains, or doing any 7 work appurtenant thereto to any engine-houses, train or freight yards 8 by switchman switch person or yardman, yard person, or in the case 9 of the disability of a qualified engineer or conductor while out on the 10 road between division terminals, or in case of strike, where such 11 companies can not obtain employees mentioned in this chapter who 12 have the qualifications prescribed by the provisions thereof, than such 13 companies may employ temporary firemen, stokers, engineers and 14 conductors who have not the qualifications prescribed by this chapter, 15 but no such employment shall continue longer than such companies can 16 supply their respective places with employees who have the 17 qualifications prescribed by this chapter. And, provided further, That 18 nothing herein contained shall relieve any such companies from the 19 negligence of any of its employees. 20 SECTION 350. IC 8-9-6-1 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. It is a Class C 22 infraction for a railroad company to allow any person to fill the position 23 of an engineer, fireman, stoker, conductor, baggagemaster, brakeman, 24 brake person, or flagman flagger unless regularly employed as such. 25 This section does not prevent any railroad company using any person 26 in case of injury or sickness occurring between terminals to any 27 engineer, fireman, stoker, conductor, baggagemaster, brakeman, brake 28 person, or flagman. flagger. 29 SECTION 351. IC 8-9-12-2, AS AMENDED BY P.L.50-2011, 30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 2. (a) As used in this chapter, "operating crew 32 member" means a railroad employee who is able to: 33 (1) read and understand the timetables of the carrier that employs 34 the railroad employee; 35 (2) read ordinary handwriting in the English language; 36 (3) speak, hear, and understand the English language; and 37 (4) see, distinguish, and understand the signals required by the 38 book of rules of the carrier governing the operation of the 39 locomotives and trains of the carrier. 40 (b) In addition to satisfying the requirements of subsection (a), the 41 following railroad employees must pass the regular examination 42 prescribed by the carrier concerning the rules and regulations 2024 IN 1267—LS 6912/DI 92 195 1 governing their particular position: 2 (1) Engineers. 3 (2) Conductors. 4 (3) Flagmen. Flaggers. 5 (4) Firemen, Stokers, brakemen, brake persons, or yard 6 brakemen brake persons, or helpers. 7 (5) Yard conductors or foremen. supervisors. 8 SECTION 352. IC 8-9.5-7-4 IS AMENDED TO READ AS 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The district 10 created under this chapter shall be governed by and under control of a 11 commission having five (5) members, two (2) of whom shall be 12 appointed by the executive of the city, two (2) of whom shall be 13 appointed by the city legislative body, and one (1) of whom shall be the 14 head of the city's department of public works or department of 15 transportation. The term of office for a commission member for a 16 district created by the legislative body is one (1) year after the 17 member's appointment, except that the member shall serve until a 18 successor has qualified for the office. Thereafter, the landowners, 19 including corporate landowners, shall elect five (5) members to 20 succeed the original members of the commission under the bylaws of 21 the commission for a term of one (1) year. Each member, otherwise 22 qualified, is eligible for reappointment to successive terms. 23 (b) The commission members shall not receive a salary for serving 24 but shall receive a per diem payment and expenses similar to those paid 25 members of other special taxing district boards. 26 (c) The commission shall elect, at its first regular meeting and 27 annually thereafter, one (1) of its members president, and another of its 28 members vice president, who shall perform the duties of the president 29 during the absence or disability of the president. Such commission 30 shall have a suitable office where its maps, plans, documents, records 31 and accounts shall be kept, subject to public inspection at all 32 reasonable times. 33 (d) The commission shall by rule provide for regular meetings to be 34 held not less than at semimonthly intervals throughout the year. The 35 commission shall keep its meetings open to the public. 36 (e) The commission shall convene in a special meeting when such 37 a meeting is called. The chairman chairperson or a majority of the 38 members of the commission may call a special meeting. The 39 commission shall establish a procedure for calling special meetings. 40 (f) Three (3) members of the commission constitute a quorum for a 41 meeting. The commission may act officially by an affirmative vote of 42 a majority of those present at the meeting at which the action is taken. 2024 IN 1267—LS 6912/DI 92 196 1 (g) The commission shall cause a written record of its proceedings 2 to be kept which shall be available for public inspection in the office 3 of the commission. The commission shall record in the record the aye 4 and nay vote on the passage of each item of business. 5 (h) The commission shall adopt bylaws under which its meetings are 6 to be held. The bylaws must provide that the vote of each member shall 7 be in the same proportion that the assessed value of all of the members' 8 land sites are to the assessed value of all the land sites within the 9 district. The commission may suspend the bylaws by unanimous vote 10 of the members of the commission who are present at the meeting. The 11 commission shall not suspend the bylaws beyond the duration of the 12 meeting at which the suspension of rules occurs. 13 (i) The commission may exercise the powers to supervise its internal 14 affairs which are common to municipal legislative and administrative 15 bodies. 16 SECTION 353. IC 8-10-1-3, AS AMENDED BY P.L.98-2008, 17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 3. (a) The ports of Indiana is created as a body 19 both corporate and politic in the state of Indiana, and the exercise of the 20 powers conferred by this article in the construction, operation, and 21 maintenance of a port or project shall be deemed and held to be 22 essential governmental functions of the state. 23 (b) The ports of Indiana shall be governed by a commission 24 consisting of seven (7) members, appointed by the governor, no more 25 than four (4) of whom shall be members of the same political party. 26 The members shall be residents of the state, and shall have been 27 qualified electors therein for a period of at least five (5) years next 28 preceding their appointment. The members of the commission first 29 appointed shall continue in office for terms expiring, in the case of two 30 (2) members, on July 1, 1962, and in the case of three (3) members, on 31 July 1, 1963, July 1, 1964, and July 1, 1965, and the first two (2) 32 members appointed after January 1, 1975, shall continue in office for 33 terms expiring July 1, 1977, for one (1) member and July 1, 1979, for 34 the other member, respectively, and until their respective successors 35 shall be duly appointed and qualified. The term of any member of the 36 commission first appointed shall be designated by the governor. The 37 successor of each such member shall be appointed for a term of four (4) 38 years, except that any person appointed to fill a vacancy shall be 39 appointed to serve only for the unexpired term and until a successor is 40 duly appointed and qualified, and a member of the commission shall be 41 eligible for reappointment. The governor may at any time remove any 42 member of the commission for misfeasance, nonfeasance, or 2024 IN 1267—LS 6912/DI 92 197 1 malfeasance in office. The members of the commission shall, within 2 ten (10) days after their appointment, meet and qualify by subscribing 3 an oath to discharge honestly and faithfully the duties of their office as 4 members of the commission. The commission shall elect one (1) of the 5 members as chairman chairperson and another as vice-chairman, vice 6 chairperson, and shall appoint a secretary-treasurer who need not be 7 a member of the commission. Four (4) members of the commission 8 shall constitute a quorum, and the affirmative vote of four (4) members 9 shall be necessary for any official action taken by the commission. A 10 vacancy in the membership of the commission does not impair the 11 rights of a quorum to exercise all the rights and perform all the duties 12 of the commission. 13 (c) Before the issuance of any revenue bonds under the provisions 14 of this article: 15 (1) each appointed member of the commission; 16 (2) the secretary-treasurer; and 17 (3) any other employee or agent of the ports of Indiana authorized 18 by resolution of the commission to handle funds or sign checks; 19 shall give a surety bond to the state in the penal sum of fifty thousand 20 dollars ($50,000). Each such surety bond must be conditioned upon the 21 faithful performance of the individual's duties, to be executed by a 22 surety company authorized to transact business in the state as surety 23 and to be approved by the governor and filed in the office of the 24 secretary of state. 25 (d) Each appointed member of the commission shall receive an 26 annual salary of seven thousand five hundred dollars ($7,500), payable 27 in monthly instalments. installments. 28 (e) Each member shall be reimbursed for the member's actual 29 expenses necessarily incurred in the performance of the member's 30 duties. 31 (f) All expenses incurred in carrying out the provisions of this 32 article shall be payable solely from funds provided under the authority 33 of this article and no liability or obligation shall be incurred by the 34 ports of Indiana hereunder beyond the extent to which moneys shall 35 have been provided under the authority of this article. 36 (g) The commission: 37 (1) is responsible for implementing the powers and duties of the 38 ports of Indiana under this article; and 39 (2) may adopt bylaws for the regulation of the affairs of the 40 commission and the conduct of the business of the ports of 41 Indiana. 42 The commission may delegate to staff, including the chief executive, 2024 IN 1267—LS 6912/DI 92 198 1 such administrative functions as the commission deems necessary or 2 desirable to accomplish the purposes of the ports of Indiana under this 3 article. The chief executive may delegate the chief executive's authority 4 to the appropriate staff. 5 SECTION 354. IC 8-10-1-13, AS AMENDED BY P.L.189-2018, 6 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 13. (a) Subject to the approval of the governor, the 8 ports of Indiana is hereby authorized to provide by resolution of the 9 commission, at one (1) time or from time to time, for the issuance of 10 revenue bonds of the state for the purpose of paying all or any part of 11 the cost of a port or project under this chapter or IC 8-10-4. The 12 principal of and the interest on such bonds shall be payable solely from 13 the revenues specifically pledged to the payment thereof. The bonds of 14 each issue shall be dated, shall bear interest at any rate, shall mature at 15 such time or times not exceeding thirty-five (35) years from the date 16 thereof, as may be determined by the ports of Indiana, and may be 17 made redeemable before maturity, at the option of the ports of Indiana, 18 at such price or prices and under such terms and conditions as may be 19 fixed by the ports of Indiana in the authorizing resolution. 20 (b) The ports of Indiana shall determine the form of the bonds, 21 including any interest coupons to be attached thereto, and shall fix the 22 denomination or denominations of the bonds and the place or places of 23 payment of principal and interest which may be at any bank or trust 24 company within or without the state. 25 (c) The bonds shall be signed in the name of the ports of Indiana by 26 the chairman chairperson or vice chairman chairperson of the 27 commission or chief executive of the ports of Indiana, or by the 28 facsimile signature of the chairman chairperson or vice chairman 29 chairperson of the commission or chief executive of the ports of 30 Indiana and the official seal of the ports of Indiana or facsimile thereof, 31 shall be affixed thereto and attested by the secretary-treasurer of the 32 commission, and any coupons attached thereto shall bear the facsimile 33 signature of the chairman chairperson of the commission. In case any 34 officer whose signature or a facsimile of whose signature shall appear 35 on any bonds or coupons shall cease to be such officer before the 36 delivery of such bonds, such signature or such facsimile shall 37 nevertheless be valid and sufficient for all purposes the same as if the 38 officer had remained in office until such delivery. 39 (d) All bonds issued under this article shall have and are hereby 40 declared to have all the qualities and incidents of negotiable 41 instruments under the negotiable instruments law of the state of 42 Indiana. 2024 IN 1267—LS 6912/DI 92 199 1 (e) The bonds may be issued in coupon or in registered form, or 2 both, as the ports of Indiana may determine, and provision may be 3 made for the registration of any coupon bonds as to principal alone and 4 also as to both principal and interest, and for the reconversion into 5 coupon bonds of any bonds registered as to both principal and interest. 6 (f) The bonds shall be sold at public sale in accordance with 7 IC 21-32-3, except as provided in IC 8-10-4. 8 (g) No action to contest the validity of any bonds issued by the ports 9 of Indiana under this article shall be commenced more than thirty (30) 10 days following the adoption of the resolution approving the bonds as 11 provided in this article. 12 (h) The ports of Indiana shall cooperate with and use the assistance 13 of the Indiana finance authority established by IC 5-1.2-3 in the 14 issuance of the bonds under this chapter or IC 8-10-4. 15 SECTION 355. IC 8-10-5-5, AS AMENDED BY P.L.104-2022, 16 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2024]: Sec. 5. (a) A port authority created in accordance with 18 the provisions of this chapter shall be governed by a board of directors. 19 Except as provided in subsection (c), members of a board of directors 20 of a port authority created by the exclusive action of a municipal 21 corporation shall consist of the number of members it deems necessary 22 and be appointed by the mayor with the advice and consent of the 23 common council. Members of a board of directors of a port authority 24 created by the exclusive action of a county shall consist of such 25 members as it deems necessary and be appointed by the county 26 commissioners of such county. Members of a board of directors of a 27 port authority created by a combination of political subdivisions shall 28 be divided among such political subdivisions in such proportions as 29 such political subdivisions may agree and appointed in the same 30 manner as this section provides for their appointment when such 31 political subdivision creates its own port authority. When a port 32 authority is created by a combination of political subdivisions, the 33 number of directors composing the board shall be determined by 34 agreement between such political subdivisions. 35 (b) In the case of a port authority created under section 2 of this 36 chapter in a county having a population of more than four hundred 37 thousand (400,000) and less than seven hundred thousand (700,000), 38 the board of directors shall consist of seven (7) members, three (3) of 39 whom shall be appointed by the board of county commissioners, one 40 (1) each by the mayors of the three (3) cities in the county having the 41 largest populations, and the mayor of the city having the largest 42 population shall appoint any remaining member or members. The 2024 IN 1267—LS 6912/DI 92 200 1 board shall be appointed as follows: 2 (1) The mayors of the three (3) cities in the county having the 3 largest populations shall each make one (1) appointment. 4 (2) The board of county commissioners shall make its three (3) 5 appointments following the naming of the city appointees and 6 appoint persons of such political faith as to make the board of 7 directors a bipartisan body. 8 (3) If a city is entitled to a second appointment, the mayor shall 9 make the appointment subject to retaining the board's bipartisan 10 status. 11 (4) In no event may more than three (3) board members residing 12 in the same city serve on the board at the same time. 13 (5) Not more than four (4) members of one (1) political party may 14 serve on the board at the same time. 15 (c) This subsection applies to a port authority created under section 16 2 of this chapter by the exclusive action of a municipal corporation in 17 a city having a population of more than seventy-five thousand (75,000) 18 and less than seventy-nine thousand (79,000). The board of directors 19 of the port authority consists of five (5) members appointed as follows: 20 (1) Three (3) members appointed by the mayor of the city. 21 (2) Two (2) members appointed by the legislative body of the city. 22 (d) The appointing authority may at any time remove a director 23 appointed by it for misfeasance, nonfeasance, or malfeasance in office. 24 (e) At the time of appointment, a director must be a resident of one 25 (1) of the following: 26 (1) The political subdivision from which the director is appointed. 27 (2) The county within which the port authority is established. 28 At all times, a majority of the directors must be residents of the 29 political subdivisions from which the members are appointed. 30 (f) The directors of any port authority first appointed shall serve 31 staggered terms. Thereafter each successor shall serve for a term of 32 four (4) years, except that any person appointed to fill a vacancy shall 33 be appointed to only the unexpired term and any director shall be 34 eligible for reappointment. 35 (g) The directors shall elect one (1) of their membership as 36 chairman, chairperson, and another as vice chairman, chairperson, 37 and shall designate their terms of office, and shall appoint a secretary 38 who need not be a director. A majority of the board of directors shall 39 constitute a quorum the affirmative vote of which shall be necessary for 40 any action taken by the port authority. No vacancy in the membership 41 of the board shall impair the rights of a quorum to exercise all the 42 rights and perform all the duties of the port authority. 2024 IN 1267—LS 6912/DI 92 201 1 (h) Each member of the board of directors of a port authority shall 2 be entitled to receive from the port authority such sum of money as the 3 board of directors may determine as compensation for the member's 4 service as director and reimbursement for the member's reasonable 5 expenses in the performance of the member's duties. 6 SECTION 356. IC 8-10-5-13 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) Whenever a port 8 authority, which was created or which shall be hereafter created by a 9 city, town, or county acting as a singular government unit or which 10 after its creation has come under the jurisdiction of a city, town, or 11 county as a singular government unit, has been authorized by the 12 governing body of the city, town, or county to issue and sell revenue 13 bonds for the purpose of obtaining funds with which to construct, 14 purchase, lease, operate, maintain, or improve facilities included in the 15 development plan or amendment thereof, the revenue bonds shall be: 16 (1) issued in the name of the city, town, or county; 17 (2) executed by the executive of the city, town, or county and the 18 chairman chairperson of the board of directors of the port 19 authority; and 20 (3) attested to by the clerk or clerk-treasurer of the city or town or 21 auditor, if a county. 22 (b) In authorizing revenue bonds and providing for the issuance and 23 sale thereof, the governing body of the city, town, or county shall, by 24 ordinance, consistent with pertinent statutes, provide all necessary 25 details concerning the form and tenor of the revenue bonds, the amount 26 thereof, the maturity dates, the provision for payment of principal and 27 interest, the negotiability, and all other details, requirements, 28 regulations, or specifications necessary to make the revenue bonds 29 acceptable and legal instruments. 30 (c) The governing body shall, in its ordinance, make provision for 31 the expenditure of the funds derived from the sale of the revenue bonds 32 in accordance with the purposes for which the issuance and sale was 33 authorized. The governing body shall specifically provide for the 34 allocation of income and revenue of the port authority into the fund or 35 funds as may be necessary to properly secure the accumulation of 36 money in a separate account or accounts for use in the payment of 37 principal and interest of the revenue bonds as they become due and 38 payable. 39 SECTION 357. IC 8-14-11-9 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The local bridge 41 grant board is established to receive and review applications for grants 42 under this chapter. The board consists of the following members: 2024 IN 1267—LS 6912/DI 92 202 1 (1) The director of the department, or the director's designee. 2 (2) Six (6) persons appointed by the governor, no more than three 3 (3) of whom may be of the same political party, as follows: 4 (A) Two (2) members of a county executive. 5 (B) One (1) county highway engineer. 6 (C) One (1) mayor of a city. 7 (D) One (1) member of a town board of trustees. 8 (E) One (1) person with substantial experience or education in 9 the design or construction of bridges. 10 A member appointed under clause (A), (B), (C), or (D) who 11 ceases to hold the office described in that clause ceases to be a 12 member of the board. 13 (b) The governor shall designate a member of the board to serve as 14 chairman. chairperson. 15 (c) Members of the board who are appointed by the governor serve 16 for terms of four (4) years. The governor shall fill a vacancy on the 17 board by appointing a new member to serve the remainder of the 18 unexpired term. 19 (d) A member of the board, other than the director of the 20 department, is entitled to the minimum salary per diem provided by 21 IC 4-10-11-2.1(b). Each member of the board is entitled to 22 reimbursement for traveling expenses and other expenses actually 23 incurred in connection with the member's duties, as provided in the 24 state travel policies and procedures established by the department of 25 administration and approved by the budget agency. 26 (e) Four (4) members of the board constitute a quorum. The 27 affirmative votes of four (4) members of the board are required for the 28 board to take any action. 29 SECTION 358. IC 8-14-15.1-6, AS ADDED BY P.L.217-2017, 30 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 6. The chairman chairperson of the authority may 32 enter into a trust agreement on behalf of the authority with the board in 33 furtherance of the purposes of this chapter. Any trust agreement must 34 conform with this chapter. Any provision of the trust agreement entered 35 into under this section that is inconsistent with the provisions or intent 36 of this chapter is void and of no further force or effect. 37 SECTION 359. IC 8-14.5-5-2 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A lease entered 39 into under this section must include the following: 40 (1) A statement that the term of the lease is for a period 41 coextensive with the biennium used for state budgetary and 42 appropriation purposes with a fractional period when the lease 2024 IN 1267—LS 6912/DI 92 203 1 begins, if necessary. 2 (2) A statement that the term of the lease is extended from 3 biennium to biennium, with the extensions not to exceed a lease 4 term of twenty-five (25) years, unless either the authority or the 5 department gives notice of nonextension at least six (6) months 6 before the end of a biennium, in which event the lease expires at 7 the end of the biennium in which the notice is given. 8 (3) A provision plainly stating that the lease does not constitute an 9 indebtedness of the state within the meaning or application of any 10 constitutional provision or limitation, and that lease rentals are 11 payable by the department solely from biennial appropriations, for 12 the actual use or availability for use of projects provided by the 13 authority, with payment commencing no earlier than the time the 14 use or availability commences. 15 (4) Provisions requiring the department to pay rent at times and 16 in amounts sufficient to pay in full: 17 (A) the debt service payable under the terms of any bonds or 18 notes issued by the authority and outstanding with respect to 19 any project, including any required additions to reserves for 20 the bonds or notes maintained by the authority; and 21 (B) additional rent as provided by the lease; 22 subject to appropriation of money to pay lease rentals. 23 (5) Provisions requiring the department to operate and maintain 24 the project or projects during the term of the lease. 25 (6) A provision in each master lease for two (2) or more projects 26 requiring that each project added to the master lease shall be 27 covered by a supplemental lease describing the particular project, 28 stating the additional rental payable and providing that all lease 29 covenants, including the obligation to pay the original and 30 additional rent under any supplement, shall be unitary and include 31 all projects covered, whether by the master lease or a 32 supplemental lease. 33 (b) A lease entered into under this section may contain other terms 34 and conditions that the authority and the department consider 35 appropriate. 36 (c) The department shall request an appropriation for payment of 37 lease rentals on any lease entered into under this section in writing at 38 a time sufficiently in advance of the date for payment of the lease 39 rentals so that an appropriation may be made in the normal state 40 budgetary process. 41 (d) If the department fails at any time to pay to the authority when 42 due any lease rentals on any lease under this section, the chairman 2024 IN 1267—LS 6912/DI 92 204 1 chairperson of the authority shall immediately report the unpaid 2 amount in writing to the governor and in an electronic format under 3 IC 5-14-6 to the general assembly. 4 SECTION 360. IC 8-14.5-6-6, AS AMENDED BY P.L.162-2007, 5 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 6. The bonds or notes: 7 (1) shall be executed by the manual or facsimile signature of the 8 chairman chairperson or vice chairman chairperson of the 9 authority; 10 (2) shall be attested by the manual or facsimile signature of the 11 public finance director; 12 (3) shall be imprinted or impressed with the seal of the authority 13 by any means; 14 (4) may be authenticated by a trustee, registrar, or paying agent; 15 and 16 (5) constitute valid and binding obligations of the authority, even 17 if the chairman, chairperson, vice chairman, chairperson, or 18 public finance director whose manual or facsimile signature 19 appears on the bonds or notes no longer holds that office. 20 SECTION 361. IC 8-15-2-9, AS AMENDED BY P.L.162-2007, 21 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 9. (a) Subject to IC 8-9.5-8-10, the authority is 23 authorized to provide by a resolution at one (1) time or from time to 24 time for the issuance of toll road revenue bonds of the state for the 25 purpose of paying all or any part of the cost of any one (1) or more toll 26 road projects. The principal of and the interest on such bonds shall be 27 payable solely from an allocation of money from the rural 28 transportation road fund under IC 8-9.5-8-16 or from the revenues or 29 from the proceeds of bonds issued under the provisions of this chapter 30 and earnings thereon, or from all three (3). 31 (b) The bonds of each issue shall: 32 (1) be dated; 33 (2) bear interest at such rate or rates as shall be established by the 34 authority; 35 (3) mature at such time or times not exceeding forty (40) years 36 from their date or dates, as may be determined by the authority; 37 and 38 (4) be made redeemable before maturity at the option of the 39 authority at such price or prices and under such terms and 40 conditions as may be fixed by the authority prior to the issuance 41 of the bonds. 42 (c) The authority shall: 2024 IN 1267—LS 6912/DI 92 205 1 (1) determine the form of the bonds, including any interest 2 coupons to be attached thereto; 3 (2) fix the denomination or denominations of the bonds; and 4 (3) fix the place or places of payment of principal and interest, 5 which may be at any bank or trust company within or without the 6 state. 7 (d) The bonds shall be signed by the chairman chairperson of the 8 authority or by his the chairperson's facsimile signature, and attested 9 to by the manual or the facsimile signature of the public finance 10 director, and any coupons attached thereto shall bear the facsimile 11 signature of the chairman chairperson of the authority. In case any 12 officer whose signature or a facsimile of whose signature shall appear 13 on any bonds or coupons shall cease to be such officer before the 14 delivery of such bonds, such signature or such facsimile shall 15 nevertheless be valid and sufficient for all purposes the same as if he 16 the officer had remained in office until such delivery. The authority 17 may also provide for the authentication of the bonds by a trustee or 18 fiscal agent. 19 (e) All bonds issued under the provisions of this chapter shall have 20 and are declared to have all the qualities and incidents of negotiable 21 instruments under the negotiable instruments law of the state of 22 Indiana. 23 (f) The bonds may be issued in coupon or in registered form, or 24 both, as the authority may determine, and provisions may be made for 25 the registration of any coupon bonds as to principal alone and also as 26 to both principal and interest, and for the reconversion into coupon 27 bonds of any bonds registered as to both principal and interest. 28 (g) The authority may sell such bonds in such manner and for such 29 price as it may determine to be for the best interests for the state, either 30 at a public or private sale. 31 (h) The proceeds of the bonds of each issue shall be: 32 (1) used solely for the payment of the cost of the toll road project 33 or projects for which such bonds shall have been issued; and 34 (2) disbursed in such manner and under such restrictions, if any, 35 as the authority may provide in authorizing the issuance of such 36 bonds or in the trust agreement mentioned securing the same. 37 (i) If the proceeds of the bonds of any issue, by error of estimates or 38 otherwise, shall be less than such cost, additional bonds may in like 39 manner be issued to provide the amount of such deficit, and, unless 40 otherwise provided in the resolution authorizing the issuance of such 41 bonds or in the trust agreement securing the same, shall be deemed to 42 be of the same issue and shall be entitled to payment from the same 2024 IN 1267—LS 6912/DI 92 206 1 fund without preference or priority of the bonds first issued. 2 (j) If the proceeds of the bonds of any issue shall exceed the cost of 3 the toll road project or projects for which the same shall have been 4 issued, the surplus shall be deposited to the credit of the sinking fund 5 for such bonds. 6 (k) Prior to the preparation of definitive bonds, the authority may 7 under like restrictions, issue interim receipts or temporary bonds, with 8 or without coupons, exchangeable for definitive bonds when such 9 bonds shall have been executed and are available for delivery. The 10 authority may also provide for the replacement of any bonds which 11 shall become mutilated or shall be destroyed or lost. 12 (l) Except as provided by IC 8-9.5-8-10, bonds may be issued under 13 the provisions of this chapter without: 14 (1) obtaining the consent of any department, division, 15 commission, board, bureau, or agency of the state; and 16 (2) any other proceedings or the happening of any other 17 conditions or things than those proceedings, conditions, or things 18 which are specifically required by this chapter. 19 SECTION 362. IC 8-15-2-14, AS AMENDED BY P.L.140-2013, 20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2024]: Sec. 14. (a) The authority may do the following: 22 (1) Fix, revise, charge, and collect tolls for the use of each toll 23 road project by any person, partnership, association, limited 24 liability company, or corporation desiring the use of any part 25 thereof, including the right-of-way adjoining the paved portion 26 and for placing thereon telephone, telegraph, electric light, or 27 power lines. 28 (2) Fix the terms, conditions, and rates of charge for such use, 29 including assessments for the failure to pay required tolls, subject, 30 however, to the state's police power. 31 (3) Collect tolls, user fees, or other charges through manual or 32 nonmanual methods, including, but not limited to, automatic 33 vehicle identification systems, electronic toll collection systems, 34 and, to the extent permitted by law, including rules adopted by the 35 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this 36 chapter, global positioning systems and photo or video based toll 37 collection or toll collection enforcement systems. 38 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and 39 establishing procedures for the implementation of the collection 40 of user fees by electronic or other nonmanual means under 41 subdivision (3). A rule adopted under this subdivision expires on 42 the expiration date stated by the authority in the rule. 2024 IN 1267—LS 6912/DI 92 207 1 (b) Notwithstanding subsection (a), no toll or charge shall be made 2 by the authority under this section or under a public-private agreement 3 entered into under IC 8-15.5 for: 4 (1) the operation of temporary lodging facilities located upon or 5 adjacent to any project, nor may the authority itself operate or 6 gratuitously permit the operation of such temporary lodging 7 facilities by other persons without any toll or charge; or 8 (2) placing in, on, along, over, or under such project, such 9 telephone, telegraph, electric light or power lines, equipment, or 10 facilities as may be necessary to serve establishments located on 11 the project or as may be necessary to interconnect any public 12 utility facilities on one (1) side of the toll road project with those 13 on the other side. 14 (c) All contracts executed by the authority shall be preserved in the 15 principal office of the authority. 16 (d) In the case of a toll road project that is not leased to the 17 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for 18 each toll road project so that the aggregate of the tolls from the project, 19 together with other revenues that are available to the authority without 20 prior restriction or encumbrance, will at least be adequate to pay: 21 (1) the cost of operating, maintaining, and repairing the toll road 22 project, including major repairs, replacements, and 23 improvements; 24 (2) the principal of and the interest on bonds issued in connection 25 with the toll road project, as the principal and interest becomes 26 due and payable, including any reserve or sinking fund required 27 for the project; and 28 (3) the payment of principal of and interest on toll road bonds 29 issued by the authority in connection with any other toll road 30 project, including any reserve or sinking fund required for the 31 project, but only to the extent that the authority provides by 32 resolution and subject to the provisions of any trust agreement 33 relating to the project. 34 (e) Not less than one (1) year before the date that final payment of 35 all such bonds, interest, and reimbursement is expected by the 36 chairman chairperson of the authority to be completed, the chairman 37 chairperson shall notify the state budget committee in writing of the 38 expected date of final payment. 39 (f) Such tolls shall not be subject to supervision or regulation by any 40 other commission, board, bureau, or agency of the state. 41 (g) The tolls, rents, and all other revenues derived by the authority 42 from the toll road project, except those received in accordance with a 2024 IN 1267—LS 6912/DI 92 208 1 public-private agreement under IC 8-15.5, shall be used as follows: 2 (1) To pay the cost of operating, maintaining, and repairing the 3 toll road project, including major repairs, replacements, and 4 improvements, to the extent that those costs are not paid out of 5 other funds. 6 (2) To the extent provided for in the resolution authorizing the 7 issuance of bonds under this chapter or in the trust agreement 8 securing the bonds, to pay: 9 (A) the principal of and interest on any bonds as the principal 10 and interest become due; or 11 (B) the redemption price or purchase price of the bonds retired 12 by call or purchase. 13 (3) Except as prohibited by the resolution authorizing the issuance 14 of bonds under this chapter or the trust agreement securing them, 15 for any purpose relating to any toll road project, including the 16 subject toll road project, as the authority provides by resolution. 17 (h) Neither the resolution nor any trust agreement by which a pledge 18 is created needs to be filed or recorded except in the records of the 19 authority. 20 (i) The use and disposition of moneys to the credit of any sinking 21 fund shall be subject to the provisions of any resolution or resolutions 22 authorizing the issuance of any bonds or of any trust agreement. Except 23 as may otherwise be provided in this chapter or in any resolution or any 24 trust agreement, any sinking fund shall be a fund for all bonds without 25 distinction or priority of one over another, subject, however, to such 26 priorities as may arise from prior pledges. 27 (j) In the case of a toll road project that is leased to the department 28 under IC 8-9.5-8-8, the lease must require that the department fix tolls 29 for the toll road project that comply with IC 8-9.5-8-8(c)(6). 30 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project 31 that is subject to a public-private agreement under IC 8-15.5 shall be 32 set in accordance with IC 8-15.5-7. 33 SECTION 363. IC 8-16-1-5 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Subject to 35 IC 8-9.5-8-5, if the authority shall determine that the construction of an 36 interstate bridge or the acquisition by purchase or otherwise or by 37 condemnation of any interstate bridge already constructed or its 38 approaches, or the enlargement, extension, or improvement of any such 39 bridges or their approaches, under this chapter, is necessary and 40 advisable in the public interest and will be a convenience, necessity, 41 and a benefit, the chairman chairperson of the authority shall issue an 42 order finding and determining that the construction of such an 2024 IN 1267—LS 6912/DI 92 209 1 interstate bridge or the acquisition by purchase or otherwise or by 2 condemnation of any interstate bridge already constructed, or the 3 enlargement, extension, or improvement thereof will be in the public 4 interest and convenience and necessity. 5 SECTION 364. IC 8-16-1-14, AS AMENDED BY P.L.162-2007, 6 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 14. (a) Subject to IC 8-9.5-8-10, the authority is 8 authorized to provide funds for each and every purpose of this chapter 9 by the issuance of bridge revenue bonds of the state, the principal and 10 interest of which bonds shall be payable solely from the revenues of the 11 bridge to be constructed or acquired by purchase from the proceeds of 12 such bonds. Such revenue bonds: 13 (1) shall bear interest at a rate or rates approved by the authority 14 payable on such day as specified in the resolution or any trust 15 agreement; 16 (2) shall mature in not more than thirty (30) years from their date 17 or dates; and 18 (3) may be made redeemable at the option of the authority, at not 19 more than the par value thereof and a premium of five percent 20 (5%) under such terms and conditions as the authority may fix 21 prior to the issuance of such bonds. 22 (b) The authority shall: 23 (1) provide the form of such bonds; 24 (2) fix the denomination or denominations of such bonds; and 25 (3) fix the place or places of payment of the principal and interest 26 thereof. 27 (c) The bonds shall be executed by the manual or facsimile 28 signature of the chairman chairperson of the authority and sealed and 29 attested by the manual or facsimile signature of the public finance 30 director. The coupons shall bear the facsimile signature of the 31 chairman. chairperson. The authority may also provide for 32 authentication of the bonds by a trustee or fiscal agent. 33 (d) The said bonds shall be exempt from taxation by the state of 34 Indiana and by the municipalities and political subdivisions thereof. 35 (e) The bonds may be issued in coupon or in registered form, or 36 both, as the authority may determine, and provisions may be made for 37 the registration of any coupon bonds as to principal alone and also as 38 to both principal and interest, and for the reconversion into coupon 39 bonds of any bonds registered as to both principal and interest. 40 (f) Such bonds shall be sold in such manner, either at public or 41 private sale, as the authority may determine to be for the best interests, 42 taking into consideration the financial responsibility of the purchaser 2024 IN 1267—LS 6912/DI 92 210 1 and the terms and conditions of the purchase and especially the 2 availability of the proceeds of the bonds when required for payment of 3 the cost of the bridge, by the authority. Such sale shall be at not less 4 than ninety cents ($.90) on the dollar and accrued interest, and the 5 proceeds of such bonds shall be used solely for the payment of the 6 bridge costs, and expenses incident thereto as authorized by this 7 chapter, and shall be disbursed by said authority as provided in this 8 chapter. If the proceeds of the sale of such bonds shall exceed such 9 costs, any surplus remaining therefrom shall be paid into the fund 10 provided in section 16 of this chapter for payment of the principal and 11 interest of said bonds. 12 (g) The authority shall have the right to purchase any bonds so 13 issued by it that may be outstanding at the market price, but not 14 exceeding one hundred five dollars ($105) for each one hundred dollars 15 ($100) of par value and accrued interest nor exceeding the price at 16 which the same shall in the same year be redeemable, with the consent 17 of the holders of such bonds, and all bonds redeemed or purchased 18 shall forthwith be cancelled and shall not again be issued. 19 (h) Prior to the preparation of definitive bonds the authority may 20 under like restrictions issue temporary bonds, with or without coupons, 21 exchangeable for definitive bonds upon the issuance of the latter. 22 (i) The authority may enter into an agreement with any trust 23 company as trustees for the holders of such bonds, setting forth the 24 duties of the authority in respect to: 25 (1) the construction, maintenance, operation, and insurance of any 26 such bridge; 27 (2) the conservation and application of all funds; 28 (3) the insurance of moneys on hand or on deposit; and 29 (4) the rights and remedies of said trustee and the holders of such 30 bonds, restricting the individual right of action of bondholders as 31 is customary in trust agreements respecting bonds of a 32 corporation. 33 (j) Said trust agreement may: 34 (1) contain such provisions for protecting and enforcing the rights 35 and remedies of the trustee and the bondholders as may be 36 reasonable and proper in the judgment of the authority, and also 37 a provision for approval by the original bond purchasers of the 38 appointment of consulting engineers and of the security given by 39 the bridge contractors and by any bank or trust company in which 40 the proceeds of bonds or bridge tolls or other moneys of the 41 authority shall be deposited; and 42 (2) provide that no contract for construction shall be made 2024 IN 1267—LS 6912/DI 92 211 1 without the approval of the consulting engineers. 2 (k) Such trust agreement may contain such further provisions as in 3 the judgment of the authority will best accomplish the purposes of this 4 chapter, with respect to: 5 (1) the fixing, maintaining, and collecting of tolls; 6 (2) the deposit, safeguarding, and disposition of the revenues 7 derived from such bridge; 8 (3) the application of revenues; 9 (4) the determination and establishment of priorities in the 10 disbursement of such revenues; 11 (5) the establishment of reserve funds to secure the prompt 12 payment of the principal of and the interest on said bonds; 13 (6) the limitation of the amount of expenses of the authority 14 chargeable to said revenues; and 15 (7) such other matters as in the judgment of the authority are 16 proper and suitable. 17 (l) The bonds issued under this section shall be a first lien on all 18 revenues of the bridge on account of which they are issued, subject 19 only to such prior charges as may be provided in such trust agreement 20 or in the resolution authorizing their issuance. The bonds may be issued 21 without any other proceedings or happening or any other conditions or 22 things than those proceedings, conditions, and things which are 23 specified and required by this chapter or by the Constitution of the 24 State of Indiana. 25 SECTION 365. IC 8-18-20-5 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Whenever the 27 county auditor receives a notice that: 28 (1) is signed by the presiding officers of the county executive, the 29 county fiscal body, and the municipal fiscal body of the county 30 seat; 31 (2) states that those bodies have agreed to hold a public hearing 32 on and consider the creation of a county toll road authority; and 33 (3) fixes a time and place for that hearing; 34 the auditor shall give notice by publication of the hearing. The notice 35 shall be published in accordance with IC 5-3-1, and must state the time, 36 place, and purpose of the hearing. 37 (b) The members of the executive of the county and the fiscal bodies 38 of the county and county seat shall meet at the time and place fixed in 39 the notice. The presiding officers of each of the three (3) bodies shall 40 elect one (1) of their number to preside as chairman chairperson at the 41 hearing, another as vice chairman, chairperson, and another as 42 secretary. 2024 IN 1267—LS 6912/DI 92 212 1 (c) All interested citizens and taxpayers of the county may appear 2 and are entitled to be heard at the hearing. 3 (d) The authority shall be established if, within sixty (60) days after 4 the hearing, a concurrent resolution declaring a need for the authority 5 is agreed upon and separately adopted by the county executive and 6 county and municipal fiscal bodies. 7 (e) A copy of the concurrent resolution that is certified by affidavits 8 of the county auditor and municipal clerk showing the date of adoption 9 of the resolution by the three (3) bodies must be filed in the office of 10 the recorder of the county for recording in the miscellaneous records. 11 The certified and recorded copy of the resolution is admissible in 12 evidence in any action or proceeding as proof of the establishment of 13 the authority. 14 SECTION 366. IC 8-18-21-3, AS AMENDED BY P.L.84-2016, 15 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 3. Except as provided in section 4 of this chapter, 17 the board of directors of a toll road authority, acting in the name of the 18 authority, may: 19 (1) finance, construct, reconstruct, operate, maintain, and manage 20 any toll road project acquired or financed under this chapter; 21 (2) sue, be sued, plead, and be impleaded, but all actions against 22 the authority must be brought in the circuit court, superior court, 23 or probate court for the county in which the authority is located; 24 (3) condemn, appropriate, purchase, and hold any real or personal 25 property needed or considered useful in connection with a toll 26 road facility; 27 (4) acquire real or personal property by gift, devise, or bequest 28 and hold, use, or dispose of that property for the purposes 29 authorized by this chapter; 30 (5) enter upon any lots or lands for the purpose of surveying or 31 examining them to determine the location of a toll road facility; 32 (6) collect all money that is due on account of the operation, 33 maintenance, or management of, or otherwise related to, a toll 34 road facility, and expend that money for proper purposes; 35 (7) employ the managers, superintendents, architects, engineers, 36 attorneys, auditors, clerks, foremen, supervisors, custodians, and 37 other employees, necessary for the proper operation of a toll road 38 facility and fix the compensation of those employees, but a 39 contract of employment may not be made for a period of more 40 than four (4) years although it may be extended or renewed from 41 time to time; 42 (8) make and enter into all contracts and agreements necessary or 2024 IN 1267—LS 6912/DI 92 213 1 incidental to the performance of its duties and the execution of its 2 powers under this chapter; and 3 (9) provide coverage for its employees under IC 22-3 and IC 22-4. 4 SECTION 367. IC 8-21-12-15, AS AMENDED BY P.L.27-2007, 5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 15. (a) The authority may: 7 (1) finance improvements related to an airport or aviation related 8 property or facilities, including the acquisition of real estate; 9 (2) refund any bonds; or 10 (3) pay any loan contract; 11 by borrowing money and issuing revenue bonds from time to time 12 under this section. 13 (b) The issuance of revenue bonds must be authorized by a 14 resolution of the authority. 15 (c) The bonds or the trust agreement securing the bonds must 16 indicate: 17 (1) the maturity date or dates; 18 (2) the interest rate or rates (whether fixed, variable, or a 19 combination of fixed or variable) or the manner in which the 20 interest rate or rates will be determined if a variable or an 21 adjustable rate is used; 22 (3) the registration privileges and the place of payment; 23 (4) the conditions and terms under which the bonds may be 24 redeemed or prepaid before maturity; and 25 (5) the source of payment. 26 (d) The bonds must be executed in the name of the authority by the 27 chairman chairperson or vice chairman chairperson of the authority 28 and attested by the secretary-treasurer, and interest coupons may be 29 executed by placing on the interest coupons the facsimile signature of 30 the chairman chairperson or vice chairman chairperson of the 31 authority. The bonds are valid and binding obligations of the authority 32 for all purposes, notwithstanding that before delivery of the bonds any 33 of the persons whose signatures appear on the bonds have ceased to be 34 officers of the authority, as if the persons had continued to be officers 35 of the authority until after delivery. The validity of the authorization 36 and issuance of the bonds is not dependent on or affected in any way 37 by proceedings taken for the improvement for which the bonds are to 38 be issued, or by contracts made in connection with the improvement. 39 A resolution authorizing revenue bonds must provide that a revenue 40 bond contain a recital that the bond is issued under this chapter, and a 41 bond containing the recital under authority of a resolution is considered 42 valid and issued in conformity with this chapter. 2024 IN 1267—LS 6912/DI 92 214 1 (e) At the discretion of the authority, the revenue bonds shall be sold 2 either under the procedures for selling public bonds or at a negotiated 3 sale with such terms as are consistent with the provisions of the 4 resolution authorizing the sale. The resolution may delegate to the 5 chairman chairperson or the secretary-treasurer the authority to 6 conduct the sale. The bonds may be sold in installments at different 7 times, or an entire issue or series may be sold or exchanged at one (1) 8 time. Any issue or series of the bond may be sold in part or sold in part 9 in installments at different times or at one (1) time. 10 (f) The bonds are special obligations of the authority and are 11 payable solely from and secured by a lien upon the revenues of all or 12 part of the facilities of the authority, as shall be more fully described in 13 the resolution of the authority or trust agreement authorizing the 14 issuance of the bonds, and, subject to the constitution and to the prior 15 or superior rights of any person, the authority may by resolution pledge 16 and assign for the security of the bonds all or part of the gross or net 17 revenues of the authority and the authority's facilities. 18 (g) The bonds and interest on the bonds are not a debt of the 19 authority, nor a charge, a lien, or an encumbrance, legal or equitable, 20 upon property of the authority, or upon income, receipts, or revenues 21 of the authority other than those revenues of the facilities that have 22 been pledged to the payment of the bonds. Every bond must recite in 23 substance that the bond, including interest, is payable solely from the 24 revenues pledged to the bond's payment, and that the authority is under 25 no obligation to pay the bond, except from those revenues. 26 (h) The bonds, when issued, have all the qualities of negotiable 27 instruments, subject to provisions for registration, under IC 26 and are 28 incontestable in the hands of a bona fide purchaser or owner of the 29 bonds for value. 30 (i) The proceeds of the bonds are appropriated for the purpose for 31 which the bonds may be issued and the proceeds shall be deposited and 32 disbursed in accordance with any provisions and restrictions that the 33 authority may provide in the resolution or trust agreement authorizing 34 the issuance of the bonds. 35 (j) All bonds issued under this article are issued by a body corporate 36 and politic of this state, but not a state agency, and for an essential 37 public and governmental purpose. The bonds, the interest on the bonds, 38 the proceeds received by an owner from the sale of the bonds to the 39 extent of the owner's cost of acquisition, the proceeds received upon 40 redemption before maturity, the proceeds received at maturity, and the 41 receipt of the interest and proceeds are exempt from taxation as 42 provided in IC 6-8-5. 2024 IN 1267—LS 6912/DI 92 215 1 (k) Notwithstanding any other law, all financial institutions, 2 investment companies, insurance companies, insurance associations, 3 executors, administrators, guardians, trustees, and other fiduciaries may 4 legally invest sinking funds, money, or other funds belonging to them 5 or within their control in bonds issued under this chapter. 6 (l) Bonds issued under this chapter are exempt from the registration 7 requirements of IC 23-19 and any other state securities registration 8 statutes. 9 (m) The authority may obtain from a department or agency of the 10 state or of the United States, or from a nongovernmental insurer, 11 available insurance or guaranty for the payment or repayment of 12 interest or principal, or both, or any part of the interest or principal, or 13 any debt service reserve funds, on bonds issued by the authority, or on 14 securities purchased or held by the authority. 15 (n) The authority may enter into agreements with an entity to 16 provide credit enhancement or liquidity support for any bonds issued 17 by the authority, or for any debt service reserves securing any bonds, 18 with terms that are reasonable and proper, in the discretion of the 19 authority, and not in violation of law. 20 (o) The authority may enter into agreements or contracts with any 21 financial institution as may be necessary, desirable, or convenient in 22 the opinion of the authority for rendering services in connection with: 23 (1) the care, custody, or safekeeping of securities or other 24 investments held or owned by the authority; 25 (2) the payment or collection of amounts payable as to principal 26 or interest; and 27 (3) the delivery to the authority of securities or other investments 28 purchased or sold by it. 29 The authority may also, in connection with any of the services rendered 30 by a financial institution as to custody and safekeeping of the 31 authority's securities or investments, require security in the form of 32 collateral bonds, surety agreements, or security agreements as, in the 33 opinion of the authority, is necessary or desirable. 34 (p) In the discretion of the authority, any bonds issued under this 35 chapter may be secured by a trust agreement by and between the 36 authority and a corporate trustee, which may be any trust company or 37 bank having the powers of a trust company in Indiana. Such a trust 38 agreement may also provide for a cotrustee, which may be any trust 39 company or bank in Indiana or another state. 40 (q) The trust agreement or the resolution providing for the issuance 41 of the bonds may contain provisions for protecting and enforcing the 42 rights and remedies of the owners of bonds as may be reasonable and 2024 IN 1267—LS 6912/DI 92 216 1 proper, in the discretion of the authority, and not in violation of law. 2 (r) Any trust agreement or resolution may contain other provisions 3 that the authority considers reasonable and proper for the security of 4 the owners of bonds. 5 (s) All expenses incurred in carrying out the provisions of the trust 6 agreement or resolution may be paid from money pledged or assigned 7 to the payment of the principal of and interest on bonds or from any 8 other funds available to the authority. 9 (t) Funds or money held by the authority under any trust agreement 10 or resolution may be invested pending disbursement as provided in the 11 trust agreement or the resolution. Such an investment is not restricted 12 by or subject to the provisions of any other law. 13 (u) Refunding or refunding and improvement revenue bonds may be 14 issued in accordance with the provisions for the refinancing or 15 refinancing and improving of any of the facilities for which revenue 16 bonds or a loan contract have been issued or made under this section 17 or section 16 of this chapter. 18 (v) This section constitutes full authority for the issuance of revenue 19 bonds. No procedure, proceedings, publications, notices, consents, 20 approvals, orders, acts, or things by the authority, by a board, an 21 officer, a commission, a department, an agency, or an instrumentality 22 of the state, or by an eligible entity is required to issue revenue bonds 23 or to do any act or perform anything under this chapter, except as 24 presented by this chapter. The powers conferred by this chapter are in 25 addition to, and not in substitution for, and the limitations imposed by 26 this section do not affect the powers conferred in another section of this 27 chapter or by any other statute. 28 SECTION 368. IC 8-22-4-2 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The airport 30 authority may sue and be sued, and shall adopt an official seal. 31 (b) The airport authority may appoint and remove or discharge 32 personnel as may be necessary for the performance of the airport's 33 functions irrespective of the civil service, personnel, or other merit 34 system laws of either of the party states. 35 (c) The airport authority shall elect annually, from its membership, 36 a chairman, chairperson, a vice chairman, chairperson, and a 37 treasurer. 38 (d) The airport authority may establish and maintain or participate 39 in programs of employee benefits as may be appropriate to afford 40 employees of the airport authority terms and conditions of employment 41 similar to those enjoyed by the employees of each of the party states. 42 (e) The airport authority may borrow, accept, or contract for the 2024 IN 1267—LS 6912/DI 92 217 1 services of personnel from a state, the United States, or a subdivision 2 or agency of either, from an interstate agency, or from any other 3 institution or person. 4 (f) The airport authority may accept for its purposes and functions 5 donations and grants of money, equipment, supplies, materials, and 6 services, conditional or otherwise, from a state, the United States, or a 7 subdivision or agency of either, from an interstate agency, or from any 8 other institution or person. The authority may receive, utilize and 9 dispose of the property. 10 (g) The airport authority may establish and maintain facilities that 11 may be necessary for the transaction of its business. The airport 12 authority may acquire, hold, and convey real and personal property and 13 any interest in it, and may enter into contracts for improvements upon 14 real estate appurtenant to the airport, including farming, extracting 15 minerals, subleasing, subdividing, promoting and developing of real 16 estate that aids and encourages the development and service of the 17 airport. The airport authority may engage contractors to provide airport 18 services and shall carefully observe all appropriate federal or state 19 regulations in the operation of the air facility. 20 (h) The airport authority may adopt official rules and regulations for 21 the conduct of its business and may amend or rescind them when 22 necessary. 23 (i) The airport authority shall annually make a report to the governor 24 of each party state concerning the activities of the airport authority for 25 the preceding year, embodying in the report recommendations that 26 have been adopted by the airport authority. The copies of the report 27 shall be submitted to the legislature or general assembly of each of the 28 party states at any regular session. A copy submitted to the general 29 assembly must be in an electronic format under IC 5-14-6. The airport 30 authority may issue additional reports that are necessary. 31 SECTION 369. IC 8-23-2-15, AS AMENDED BY P.L.120-2023, 32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2024]: Sec. 15. (a) As used in this section, "highway worksite" 34 means an area where: 35 (1) highway construction, reconstruction, or maintenance is 36 actually occurring; and 37 (2) notice is posted indicating that the highway worksite is a 38 specific area designated with signage on the highway. 39 (b) The department may contract with the state police department 40 or local law enforcement agencies to hire off duty police officers to 41 patrol highway worksites. The duties of a police officer who is hired 42 under this section: 2024 IN 1267—LS 6912/DI 92 218 1 (1) are limited to those duties that the police officer normally 2 performs while on active duty; and 3 (2) do not include the duties of a: 4 (A) flagman; flagger; or 5 (B) security officer. 6 (c) The department shall use the money transferred to the 7 department under IC 33-37-9-4(a)(6) to pay the costs of hiring off duty 8 police officers to perform the duties described in subsection (b). 9 (d) All money transferred to the department under 10 IC 33-37-9-4(a)(6) is annually appropriated to pay off duty police 11 officers to perform the duties described in subsection (b). 12 SECTION 370. IC 9-13-2-64 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 64. "Flagman" 14 "Flagger" means an authorized person directing traffic in accordance 15 with the provisions of this title at a worksite. 16 SECTION 371. IC 9-13-2-146.5, AS ADDED BY P.L.8-2010, 17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 146.5. "Railroad flagman", flagger", for purposes 19 of IC 9-21-8-41.7, has the meaning set forth in IC 9-21-8-41.7(a). 20 SECTION 372. IC 9-17-4-12, AS AMENDED BY P.L.198-2016, 21 SECTION 237, IS AMENDED TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Before the bureau may issue 23 a certificate of title for a vehicle that is required under this chapter to 24 have a special identification number made or stamped on the vehicle, 25 the bureau shall require the person applying for the certificate of title 26 to sign a statement that the special identification number assigned to 27 the vehicle by the bureau has been made or stamped on the vehicle in 28 a workmanlike skilled manner. The statement must also be signed by 29 the law enforcement officer who inspected the vehicle and determined 30 that the special identification number was made or stamped in a 31 workmanlike skilled manner. 32 (b) This section does not affect the authority of a manufacturer or a 33 manufacturer's agent, other than a dealer licensed under IC 9-32, to 34 perform numbering on vehicles or motor vehicle parts that are removed 35 or changed and then replaced with other numbered motor vehicle parts. 36 SECTION 373. IC 9-21-8-39, AS AMENDED BY P.L.8-2010, 37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 38 JULY 1, 2024]: Sec. 39. Whenever a person who drives a vehicle 39 approaches a railroad grade crossing, the person shall stop within fifty 40 (50) feet but not less than fifteen (15) feet from the nearest track of the 41 railroad and may not proceed until the person can do so safely under 42 the following circumstances: 2024 IN 1267—LS 6912/DI 92 219 1 (1) When a clearly visible electric or mechanical signal device 2 gives warning of the immediate approach of a train or other 3 on-track equipment. 4 (2) When a crossing gate is lowered or when a human flagman 5 flagger gives or continues to give a signal of the approach or 6 passage of a train or other on-track equipment. 7 (3) When a railroad train or other on-track equipment 8 approaching within one thousand five hundred (1,500) feet of a 9 highway crossing emits an audible signal and because of speed or 10 nearness to the crossing is an immediate hazard. 11 (4) When an approaching train or other on-track equipment is 12 plainly visible and is in hazardous proximity to the crossing. 13 SECTION 374. IC 9-21-8-40, AS AMENDED BY P.L.8-2010, 14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2024]: Sec. 40. (a) A person may not operate or move a 16 caterpillar tractor, steam shovel, derrick, roller, or any equipment or 17 structure weighing more than ten (10) tons and having a normal 18 operating speed of not more than six (6) miles per hour or a vertical 19 body or load clearance of less than nine (9) inches above the level 20 surface of a roadway upon or across tracks at a railroad grade crossing 21 without first complying with this section. 22 (b) Notice of an intended crossing under this section shall be given 23 to a superintendent of the railroad, and a reasonable time shall be given 24 to the railroad to provide proper protection at the crossing. 25 (c) Before making a crossing under this section, the person 26 operating or moving a vehicle or equipment described in subsection (a) 27 shall first stop the vehicle or equipment not less than ten (10) feet and 28 not more than fifty (50) feet from the nearest rail or the railway. While 29 stopped, the person shall listen and look in both directions along the 30 track for an approaching train or other on-track equipment and for 31 signals indicating the approach of a train or other on-track equipment. 32 The person shall not proceed until the crossing can be made safely. 33 (d) A crossing may not be made when warning is given by 34 automatic signal, crossing gates, a flagman, flagger, or otherwise of the 35 immediate approach of a railroad train or other on-track equipment. 36 SECTION 375. IC 9-21-8-41, AS AMENDED BY P.L.217-2014, 37 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 38 JULY 1, 2024]: Sec. 41. (a) A person who drives a vehicle may not 39 disobey the instructions of an official traffic control device placed in 40 accordance with this article unless otherwise directed by a police 41 officer. 42 (b) When a traffic control device or flagman flagger is utilized at a 2024 IN 1267—LS 6912/DI 92 220 1 worksite on a highway for traffic control, a person who drives a vehicle 2 shall exercise extraordinary care to secure the mutual safety of all 3 persons and vehicles at the worksite. 4 (c) All traffic shall observe and obey traffic control devices 5 including signals, signs, and warnings, and all directions, signs, or 6 warning devices that may be given or displayed by a police officer or 7 flagman flagger to safely control traffic movement at a worksite and 8 promote safety at a worksite. 9 SECTION 376. IC 9-21-8-41.7, AS AMENDED BY P.L.50-2011, 10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 41.7. (a) For purposes of this section, "railroad 12 flagman" flagger" means a person who furnishes flag protection as 13 prescribed by rules of the carrier. 14 (b) A person who operates a vehicle shall obey the instructions of 15 a railroad flagman flagger to stop the vehicle before approaching a 16 location in which a train or other on-track equipment is or may be 17 located. 18 SECTION 377. IC 9-21-8-56, AS AMENDED BY P.L.120-2023, 19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 56. (a) For purposes of this section, "highway 21 worksite" has the meaning set forth in IC 8-23-2-15. 22 (b) Except as provided in subsections (f) through (h), a person who 23 recklessly operates a vehicle in the immediate vicinity of a highway 24 worksite when workers are present commits a Class A misdemeanor. 25 (c) Except as provided in subsections (f) through (h), a person who 26 knowingly or intentionally operates a motor vehicle in the immediate 27 vicinity of a highway worksite when workers are present with the intent 28 to: 29 (1) damage traffic control devices; or 30 (2) inflict bodily injury on a worker; 31 commits a Class A misdemeanor. 32 (d) Except as provided in subsections (f) through (h), a person who 33 knowingly, intentionally, or recklessly engages in: 34 (1) aggressive driving, as defined in section 55 of this chapter; or 35 (2) a speed contest, as prohibited under IC 9-21-6-1; 36 in the immediate vicinity of a highway worksite when workers are 37 present commits a Class A misdemeanor. 38 (e) Except as provided in subsections (f) through (h), a person who 39 recklessly fails to obey a traffic control device or flagman, flagger, as 40 prohibited under section 41 of this chapter, in the immediate vicinity 41 of a highway worksite when workers are present commits a Class A 42 misdemeanor. 2024 IN 1267—LS 6912/DI 92 221 1 (f) An offense under subsection (b), (c), (d), or (e) is a Level 6 2 felony if the person who commits the offense: 3 (1) has a prior unrelated conviction under this section in the 4 previous five (5) years; or 5 (2) is operating the vehicle in violation of IC 9-30-5-1 or 6 IC 9-30-5-2. 7 (g) An offense under subsection (b), (c), (d), or (e) is a Level 6 8 felony if the offense results in bodily injury to a worker in the worksite. 9 (h) An offense under subsection (b), (c), (d), or (e) is a Level 5 10 felony if the offense results in the death of a worker in the worksite. 11 (i) A person who knowingly, intentionally, or recklessly engages in 12 an act described in section 55(b)(1), 55(b)(2), 55(b)(3), 55(b)(4), 13 55(b)(5), or 55(b)(6) of this chapter in the immediate vicinity of a 14 highway worksite when workers are present commits a Class B 15 infraction. Notwithstanding IC 34-28-5-5(c), the funds collected as 16 judgments for an infraction under this subsection shall be transferred 17 to the Indiana department of transportation to pay the costs of hiring off 18 duty police officers to perform the duties described in IC 8-23-2-15(b). 19 SECTION 378. IC 10-12-2-12, AS ADDED BY P.L.20-2019, 20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2024]: Sec. 12. If during a state fiscal year beginning after 22 June 30, 2018, the trustee or the pension consultants perform a stress 23 test or a risk assessment on the trust fund, including a sensitivity 24 analysis of funding status, the trustee, or another suitable person 25 designated by the trustee, shall before November 1 of the following 26 state fiscal year: 27 (1) submit a report describing the stress tests and risk assessments 28 performed and the results of those tests and risk assessments to 29 the interim study committee on pension management oversight 30 established by IC 2-5-1.3-4 in an electronic format under 31 IC 5-14-6; and 32 (2) upon request from the chairman chairperson of the interim 33 study committee on pension management oversight, present a 34 summary of the information described in subdivision (1) to the 35 interim study committee on pension management oversight. 36 SECTION 379. IC 10-13-2-10 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The criminal 38 justice advisory committee is established. 39 (b) The committee consists of the following persons or their 40 designated representatives: 41 (1) The superintendent, who shall act as chairman. chairperson. 42 (2) The attorney general. 2024 IN 1267—LS 6912/DI 92 222 1 (3) The executive director of the criminal justice planning agency. 2 (4) The commissioner of corrections. 3 (5) One (1) county sheriff serving in the sheriff's second or 4 subsequent term of office. 5 (6) One (1) chief of police with at least two (2) years of 6 experience as chief. 7 (7) One (1) prosecuting attorney in the prosecuting attorney's 8 second or subsequent term of office. 9 (8) One (1) judge of a court of general criminal jurisdiction. 10 (9) The executive director of the law enforcement training 11 academy. 12 (10) A criminologist or forensic scientist. 13 (c) A member of the committee: 14 (1) must be appointed by the governor on a nonpartisan basis; and 15 (2) shall serve at the pleasure of the governor. 16 (d) A member of the committee serves without compensation except 17 per diem as provided by law. 18 (e) The committee shall meet as often as is considered necessary by 19 the superintendent to formulate or revise rules for the statewide 20 operation of the criminal justice data division. 21 SECTION 380. IC 10-14-3-17, AS AMENDED BY P.L.1-2009, 22 SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 JULY 1, 2024]: Sec. 17. (a) A political subdivision is: 24 (1) within the jurisdiction of; and 25 (2) served by; 26 a department of emergency management or by an interjurisdictional 27 agency responsible for disaster preparedness and coordination of 28 response. 29 (b) A county shall: 30 (1) maintain a county emergency management advisory council 31 and a county emergency management organization; or 32 (2) participate in an interjurisdictional disaster agency that, except 33 as otherwise provided under this chapter, may have jurisdiction 34 over and serve the entire county. 35 (c) The county emergency management advisory council consists of 36 the following individuals or their designees: 37 (1) The president of the county executive or, if the county 38 executive does not have a president, a member of the county 39 executive appointed from the membership of the county 40 executive. 41 (2) The president of the county fiscal body. 42 (3) The mayor of each city located in the county. 2024 IN 1267—LS 6912/DI 92 223 1 (4) An individual representing the legislative bodies of all towns 2 located in the county. 3 (5) Representatives of private and public agencies or 4 organizations that can assist emergency management considered 5 appropriate by the county emergency management advisory 6 council. 7 (6) One (1) commander of a local civil air patrol unit in the 8 county or the commander's designee. 9 (d) The county emergency management advisory council shall do 10 the following: 11 (1) Exercise general supervision and control over the emergency 12 management and disaster program of the county. 13 (2) Select or cause to be selected, with the approval of the county 14 executive, a county emergency management and disaster director 15 who: 16 (A) has direct responsibility for the organization, 17 administration, and operation of the emergency management 18 program in the county; and 19 (B) is responsible to the chairman chairperson of the county 20 emergency management advisory council. 21 (e) Notwithstanding any provision of this chapter or other law to the 22 contrary, the governor may require a political subdivision to establish 23 and maintain a disaster agency jointly with one (1) or more contiguous 24 political subdivisions with the concurrence of the affected political 25 subdivisions if the governor finds that the establishment and 26 maintenance of an agency or participation in one (1) is necessary by 27 circumstances or conditions that make it unusually difficult to provide: 28 (1) disaster prevention; 29 (2) preparedness; 30 (3) response; or 31 (4) recovery services; 32 under this chapter. 33 (f) A political subdivision that does not have a disaster agency and 34 has not made arrangements to secure or participate in the services of an 35 agency shall have an emergency management director designated to 36 facilitate the cooperation and protection of that political subdivision in 37 the work of: 38 (1) disaster prevention; 39 (2) preparedness; 40 (3) response; and 41 (4) recovery. 42 (g) The county emergency management and disaster director and 2024 IN 1267—LS 6912/DI 92 224 1 personnel of the department may be provided with appropriate: 2 (1) office space; 3 (2) furniture; 4 (3) vehicles; 5 (4) communications; 6 (5) equipment; 7 (6) supplies; 8 (7) stationery; and 9 (8) printing; 10 in the same manner as provided for personnel of other county agencies. 11 (h) Each local or interjurisdictional agency shall: 12 (1) prepare; and 13 (2) keep current; 14 a local or interjurisdictional disaster emergency plan for its area. 15 (i) The local or interjurisdictional disaster agency shall prepare and 16 distribute to all appropriate officials a clear and complete written 17 statement of: 18 (1) the emergency responsibilities of all local agencies and 19 officials; and 20 (2) the disaster chain of command. 21 (j) Each political subdivision may: 22 (1) appropriate and expend funds, make contracts, obtain and 23 distribute equipment, materials, and supplies for emergency 24 management and disaster purposes, provide for the health and 25 safety of persons and property, including emergency assistance to 26 the victims of a disaster resulting from enemy attack, provide for 27 a comprehensive insurance program for its emergency 28 management volunteers, and direct and coordinate the 29 development of an emergency management program and 30 emergency operations plan in accordance with the policies and 31 plans set by the federal emergency management agency and the 32 department of homeland security established by IC 10-19-2-1; 33 (2) appoint, employ, remove, or provide, with or without 34 compensation: 35 (A) rescue teams; 36 (B) auxiliary fire and police personnel; and 37 (C) other emergency management and disaster workers; 38 (3) establish: 39 (A) a primary; and 40 (B) one (1) or more secondary; 41 control centers to serve as command posts during an emergency; 42 (4) subject to the order of the governor or the chief executive of 2024 IN 1267—LS 6912/DI 92 225 1 the political subdivision, assign and make available for duty the 2 employees, property, or equipment of the political subdivision 3 relating to: 4 (A) firefighting; 5 (B) engineering; 6 (C) rescue; 7 (D) health, medical, and related services; 8 (E) police; 9 (F) transportation; 10 (G) construction; and 11 (H) similar items or services; 12 for emergency management and disaster purposes within or 13 outside the physical limits of the political subdivision; and 14 (5) in the event of a national security emergency or disaster 15 emergency as provided in section 12 of this chapter, waive 16 procedures and formalities otherwise required by law pertaining 17 to: 18 (A) the performance of public work; 19 (B) the entering into of contracts; 20 (C) the incurring of obligations; 21 (D) the employment of permanent and temporary workers; 22 (E) the use of volunteer workers; 23 (F) the rental of equipment; 24 (G) the purchase and distribution of supplies, materials, and 25 facilities; and 26 (H) the appropriation and expenditure of public funds. 27 SECTION 381. IC 10-14-3-31 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) A person in 29 Indiana shall conduct himself or herself behave and keep and manage 30 his or her the person's affairs and property in ways that will reasonably 31 assist and will not unreasonably detract from the ability of the state and 32 the public to successfully meet disaster emergencies. This obligation 33 includes appropriate personal service and use or restriction on the use 34 of property in time of disaster emergency. Compensation for services 35 or for the taking or use of property may be made only to the extent: 36 (1) that obligations recognized in this chapter are exceeded in a 37 particular case; and 38 (2) that the claimant has not volunteered the claimant's services 39 or property without compensation. 40 (b) Personal services may not be compensated by the state or any 41 subdivision or agency of the state except under statute, local law, or 42 ordinance. 2024 IN 1267—LS 6912/DI 92 226 1 (c) Compensation for property may be paid only if the property was 2 commandeered or otherwise used in coping with a disaster emergency 3 and its use or destruction was ordered by the governor or a member of 4 the disaster emergency forces of Indiana. 5 (d) Any person claiming compensation for the use, damage, loss, or 6 destruction of property under this chapter must make a claim for it. The 7 claim must be filed and shall be adjudicated as provided in IC 32-24. 8 (e) This section does not apply to or authorize compensation for the 9 destruction or damaging of standing timber or other property in order 10 to provide a fire break or to the release of waters or the breach of 11 impoundments in order to reduce pressure or other danger from actual 12 or threatened flood. 13 SECTION 382. IC 10-16-13-5 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The commissions 15 of the battalion officers shall be issued by the governor upon the 16 recommendation of the commandants and of the chairman chairperson 17 of the board of trustees of the school. 18 (b) The commissions of cadet officers may be issued by the 19 commandant. However, a cadet officer may not acquire any authority 20 over militiamen other than a cadet of the school because of the issuance 21 of the commission of cadet officer. 22 SECTION 383. IC 10-19-8.1-3, AS AMENDED BY P.L.127-2022, 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2024]: Sec. 3. (a) The council consists of the following 25 members: 26 (1) The governor or the governor's designee. 27 (2) The executive director. 28 (3) The superintendent of the state police department. 29 (4) The adjutant general. 30 (5) The state health commissioner. 31 (6) The commissioner of the department of environmental 32 management. 33 (7) The chairman chairperson of the Indiana utility regulatory 34 commission. 35 (8) The director of the department of natural resources or, if 36 designated by the director, the deputy director who manages the 37 bureau of administration. 38 (9) The chief information officer of the office of technology. 39 (10) The speaker of the house of representatives or the speaker's 40 designee. 41 (11) The president pro tempore of the senate or the president pro 42 tempore's designee. 2024 IN 1267—LS 6912/DI 92 227 1 (12) The minority leader of the house of representatives or the 2 minority leader's designee. 3 (13) The minority leader of the senate or the minority leader's 4 designee. 5 (b) The members of the council described in subsection (a)(10) 6 through (a)(13) are nonvoting members. 7 SECTION 384. IC 10-19-12-1, AS ADDED BY P.L.28-2022, 8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 1. This agreement shall be effective immediately 10 upon: 11 (1) approval by the U.S. Nuclear Regulatory Commission; and 12 (2) signing by the governor and the chairman chairperson of the 13 U.S. Nuclear Regulatory Commission. 14 SECTION 385. IC 11-9-1-1, AS AMENDED BY P.L.100-2012, 15 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 1. (a) There is established, as a division of the 17 department, the parole board, consisting of five (5) members appointed 18 by the governor, not more than three (3) of whom may be affiliated 19 with the same political party. Members are appointed for a term of four 20 (4) years. A vacancy occurring before the expiration of a term shall be 21 filled by the governor for the remainder of the term. In the event of a 22 temporary inability to act of any member, the governor may appoint a 23 person qualified under this section to act in his the member's place 24 during the continuance of the inability. Members may be reappointed. 25 (b) To qualify for membership a person must: 26 (1) hold at least a bachelor's degree from an accredited college or 27 university; or 28 (2) have at least ten (10) years of law enforcement experience; 29 and must have the skill, training, or experience to analyze questions of 30 law, administration, and public policy. Members shall devote full time 31 to their duties, and are entitled to a salary to be determined by the state 32 budget agency with the approval of the governor. The governor shall 33 designate one (1) of the members to serve as chairman. chairperson. 34 SECTION 386. IC 11-10-6-1 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) There is hereby 36 established an industry and farm product advisory council to assist the 37 department in determining the need for products, the estimated volume 38 or number of units required, pricing policies, and other matters relating 39 to sales or promotion of such products manufactured or produced 40 within the correctional system. The commissioner shall inform the 41 council each year of the estimated number of offenders required to be 42 employed at each institution during the year by the department and the 2024 IN 1267—LS 6912/DI 92 228 1 offender work schedules for industry and farm production. With data 2 furnished by the department, the council shall recommend to the 3 commissioner an annual sales and production plan for all industry and 4 farm programs. The council shall study and advise in such other areas 5 or matters as may be referred by the commissioner or the administrator 6 in charge of industry and farm programs. 7 (b) The council shall meet annually or at such other times as the 8 commissioner considers necessary. The council is composed of the 9 following members: 10 (1) the commissioner, who shall be chairman; the chairperson; 11 (2) the commissioner of the department of administration; 12 (3) the state budget director; 13 (4) the administrator in charge of the industry and farm programs, 14 who shall act as secretary of the council; and 15 (5) the commissioner, at his the commissioner's discretion, may 16 appoint two (2) persons who are major users of industry and farm 17 products or who represent the general public. 18 SECTION 387. IC 11-10-12-1 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) When a 20 committed offender is released on parole or discharged from the 21 department, the department shall: 22 (1) within a reasonable period of time, return any property or 23 money, including accumulated earnings, held for the offender; 24 and 25 (2) provide him, the offender, if he the offender is unable to 26 provide them for himself, acquire them through the offender's 27 own resources, with at least one (1) set of clothing appropriate 28 for the season of the year of such quality and styling that he the 29 offender will not be identified as an ex-offender. 30 (b) The department, upon request by the offender, may issue a 31 complete set of serviceable work clothing, including work shoes, to an 32 offender whose occupation will require such clothing. 33 SECTION 388. IC 11-11-5-6 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. Disciplinary action 35 may not be taken against a person before a determination of guilt. 36 However, a person charged with misconduct may be confined or 37 separated from the general population of the facility or program for a 38 reasonable period of time if his the person's continued presence in the 39 general population poses a serious threat to himself, the person, others, 40 property, or the security of the facility or program. The department 41 must review the status of that person at least once every five (5) days 42 to determine if the reason for segregation still exists. Any time spent 2024 IN 1267—LS 6912/DI 92 229 1 confined or separated from the general population before a 2 determination of guilt must be credited toward any period of 3 disciplinary segregation imposed. 4 SECTION 389. IC 11-12-2-2, AS AMENDED BY P.L.86-2017, 5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 2. (a) To qualify for financial aid under this 7 chapter, a county must establish a community corrections advisory 8 board by resolution of the county executive or, in a county having a 9 consolidated city, by the city-county council. A community corrections 10 advisory board consists of: 11 (1) the county sheriff or the sheriff's designee; 12 (2) the prosecuting attorney or the prosecuting attorney's 13 designee; 14 (3) the executive of the most populous municipality in the county 15 or the executive's designee; 16 (4) two (2) judges having criminal jurisdiction, if available, 17 appointed by the circuit court judge or the judges' designees; 18 (5) one (1) judge having juvenile jurisdiction, appointed by the 19 circuit court judge; 20 (6) one (1) public defender or the public defender's designee, if 21 available, or one (1) attorney with a substantial criminal defense 22 practice appointed by the county executive or, in a county having 23 a consolidated city, by the city-county council; 24 (7) one (1) victim, or victim advocate if available, appointed by 25 the county executive or, in a county having a consolidated city, by 26 the city-county council; 27 (8) one (1) ex-offender, if available, appointed by the county 28 executive or, in a county having a consolidated city, by the 29 city-county council; 30 (9) the director of the local office of the department of child 31 services or the director's designee; 32 (10) a representative from a juvenile correctional facility or 33 juvenile detention center in the county, but if no facility exists, 34 one (1) mental health representative chosen by the judge 35 described in subdivision (5); 36 (11) a representative from the Juvenile Detention Alternatives 37 Initiative, but if no program exists, a representative from the court 38 appointed special advocate program in the county or guardian ad 39 litem program in the county; and 40 (12) the following members appointed by the county executive or, 41 in a county having a consolidated city, by the city-county council: 42 (A) One (1) member of the county fiscal body or the member's 2024 IN 1267—LS 6912/DI 92 230 1 designee. 2 (B) One (1) probation officer. 3 (C) One (1) juvenile probation officer. 4 (D) One (1) educational administrator. 5 (E) One (1) representative of a private correctional agency, if 6 such an agency exists in the county. 7 (F) One (1) mental health administrator, or, if there is none 8 available in the county, one (1) psychiatrist, psychologist, or 9 physician. 10 (G) Four (4) lay persons, at least one (1) of whom must be a 11 member of a minority race if a racial minority resides in the 12 county and a member of that minority is willing to serve. 13 (b) Designees of officials designated under subsection (a)(1) 14 through (a)(6), (a)(9), and (a)(12)(A) serve at the pleasure of the 15 designating official. 16 (c) Members of the advisory board appointed by the county 17 executive or, in a county having a consolidated city, by the city-county 18 council, shall be appointed for a term of four (4) years. The criminal 19 defense attorney, the ex-offender, and the victim or victim advocate 20 shall be appointed for a term of four (4) years. Other members serve 21 only while holding the office or position held at the time of 22 appointment. The circuit court judge may fill the position of the judge 23 having juvenile court jurisdiction by self appointment if the circuit 24 court judge is otherwise qualified. A vacancy occurring before the 25 expiration of the term of office shall be filled in the same manner as 26 original appointments for the unexpired term. Members may be 27 reappointed. 28 (d) Two (2) or more counties, by resolution of their county 29 executives or, in a county having a consolidated city, by the city-county 30 council, may combine to apply for financial aid under this chapter. If 31 counties so combine, the counties may establish one (1) community 32 corrections advisory board to serve these counties. This board must 33 contain the representation prescribed in subsection (a), but the 34 members may come from the participating counties as determined by 35 agreement of the county executives or, in a county having a 36 consolidated city, by the city-county council. 37 (e) The members of the community corrections advisory board shall, 38 within thirty (30) days after the last initial appointment is made, meet 39 and elect one (1) member as chairman chairperson and another as vice 40 chairman chairperson and appoint a secretary-treasurer who need not 41 be a member. A majority of the members of a community corrections 42 advisory board may provide for a number of members that is: 2024 IN 1267—LS 6912/DI 92 231 1 (1) less than a majority of the members; and 2 (2) at least six (6); 3 to constitute a quorum for purposes of transacting business. The 4 affirmative votes of at least five (5) members, but not less than a 5 majority of the members present, are required for the board to take 6 action. A vacancy in the membership does not impair the right of a 7 quorum to transact business. 8 (f) The county executive and county fiscal body shall provide 9 necessary assistance and appropriations to the community corrections 10 advisory board established for that county. Appropriations required 11 under this subsection are limited to amounts received from the 12 following sources: 13 (1) Department grants. 14 (2) User fees. 15 (3) Other funds as contained within an approved plan. 16 Additional funds may be appropriated as determined by the county 17 executive and county fiscal body. 18 SECTION 390. IC 11-13-1-6 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. There is established 20 within the judicial conference of Indiana a probation standards and 21 practices advisory committee, consisting of the following ten (10) 22 members, not more than five (5) of whom may be affiliated with the 23 same political party: 24 (1) the chief justice of the supreme court or his the chief justice's 25 designee, who shall serve as chairman chairperson of the 26 committee; 27 (2) the commissioner or his the commissioner's designee; 28 (3) one (1) judge of a circuit or superior court having criminal 29 jurisdiction; 30 (4) one (1) judge of a county or municipal court having criminal 31 jurisdiction; 32 (5) one (1) judge of a circuit or superior court having juvenile 33 jurisdiction; 34 (6) one (1) supervising probation officer; 35 (7) two (2) probation officers, one (1) whose primary 36 responsibility is adult supervision and one (1) whose primary 37 responsibility is juvenile supervision; and 38 (8) two (2) lay persons. 39 SECTION 391. IC 11-13-1-7 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) Other than the 41 commissioner and the chief justice, who shall serve by virtue of their 42 offices, or their designees, members of the probation standards and 2024 IN 1267—LS 6912/DI 92 232 1 practices advisory committee shall be appointed by the governor. All 2 appointments shall be made for terms of four (4) years or while 3 maintaining the position held at the time of appointment to the 4 committee, whichever is the lesser period. Appointees shall serve as 5 members of the committee only while holding the office or position 6 held at the time of appointment. 7 (b) Vacancies on the committee caused by resignation, death, or 8 removal shall be filled for the unexpired term of the member succeeded 9 in the same manner as the original appointment. Members may be 10 reappointed for additional terms. The appointed members of the 11 committee may be removed by the governor for cause after an 12 opportunity to be heard by the governor upon due notice. 13 (c) Each appointed member is entitled to the minimum salary per 14 diem as provided in IC 4-10-11-2.1(b) for each day engaged in the 15 official business of the committee. In addition, each member is entitled 16 to reimbursement for traveling and other expenses as provided in the 17 state travel policies and procedures established by the state department 18 of administration and approved by the state budget agency. The 19 committee shall meet at least three (3) times a year and at other times 20 at the call of the chairman. chairperson. The chairman chairperson 21 shall call the organizational meeting of the committee within thirty (30) 22 days after the last initial appointment to the committee has been made 23 by the governor. For the purposes of transacting business, a majority of 24 the membership constitutes a quorum. 25 SECTION 392. IC 11-13-3-8 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) If an employee 27 of the department assigned to supervise and assist parolees believes 28 that a parolee has violated a condition to remaining on parole, he the 29 employee may submit a written report of the violation to the parole 30 board. After considering the report and making any further 31 investigation it considers appropriate, the parole board may: 32 (1) dismiss all further proceedings on the alleged violation; 33 (2) instruct the employee to handle the matter informally; 34 (3) request the parolee to meet informally with the parole board 35 to review his the parolee's parole obligations; or 36 (4) intensify parole supervision and reporting. 37 (b) Upon a showing of probable cause to believe the parolee 38 violated a condition to remaining on parole, the chairman chairperson 39 (or a member of the parole board designated by the chairman 40 chairperson to act in the absence of the chairman) chairperson) may 41 issue an order for the parolee to appear for a revocation hearing on the 42 alleged violation. 2024 IN 1267—LS 6912/DI 92 233 1 (c) Upon a showing of probable cause to believe the parolee 2 violated a condition to remaining on parole, the chairman chairperson 3 (or a member of the parole board designated by the chairman 4 chairperson to act in the absence of the chairman) chairperson) may 5 issue a warrant for the arrest and confinement of the parolee pending 6 a preliminary hearing. An employee of the department or any person 7 authorized to execute warrants may execute the warrant. 8 (d) Upon a showing of probable cause to believe that an alleged 9 parole violator has fled the state, the chairman chairperson (or a 10 member of the parole board who is designated by the chairman 11 chairperson to act in the absence of the chairman) chairperson) may: 12 (1) issue a warrant for the arrest and confinement of the parolee; 13 and 14 (2) order that the parolee be returned to the state; 15 to ensure the appearance of the parolee at a parole revocation hearing. 16 (e) If the parole board issues an order, under subsection (b), for the 17 parolee to appear for a revocation hearing, the parolee shall be given 18 written notice of: 19 (1) the date, time, and place of the hearing; 20 (2) the condition alleged to have been violated; 21 (3) the procedures and rights applicable to that hearing; and 22 (4) the possible sanctions if a violation is found. 23 (f) If the parole board issues a warrant, under subsection (c), for the 24 arrest and confinement of the parolee pending a preliminary hearing, 25 the parolee shall be given written notice of: 26 (1) the date, time, and place of the hearing; 27 (2) the condition alleged to have been violated; 28 (3) the procedures and rights applicable to the hearing; 29 (4) his the parolee's right to a revocation hearing and the 30 procedures and rights applicable to that hearing if probable cause 31 is found to exist; and 32 (5) the possible sanctions if a violation is found at a revocation 33 hearing. 34 (g) The issuance of an order to appear or arrest warrant under this 35 section tolls the period of parole until the parole board's final 36 determination of the charge. However, the tolled period shall be 37 restored if there is a finding of no violation, if a finding of a violation 38 is later overturned, or if the parole violation charge is dismissed. 39 SECTION 393. IC 11-13-4.5-2, AS AMENDED BY P.L.161-2018, 40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2024]: Sec. 2. (a) As used in this section, "council" refers to: 42 (1) the state council for interstate adult offender supervision 2024 IN 1267—LS 6912/DI 92 234 1 described in section 1 of this chapter (Article III of the interstate 2 compact for adult offender supervision); and 3 (2) the state council for interstate juvenile supervision described 4 in section 1.5 of this chapter (Article VIII of the interstate 5 compact for juveniles). 6 (b) The council consists of the following members: 7 (1) The commissioner of the department of correction. 8 (2) The chief administrative officer of the office of judicial 9 administration or the chief administrative officer's designee. 10 (3) The executive director of the Indiana criminal justice institute. 11 (4) One (1) member of a victim's group appointed by the governor 12 upon recommendation of the executive director of the Indiana 13 criminal justice institute. 14 (5) The executive director of the Indiana sheriffs' association. 15 (6) The executive director of the public defender council of 16 Indiana. 17 (7) The executive director of the prosecuting attorneys council of 18 Indiana. 19 (8) One (1) member of the general assembly appointed by the 20 chairman chairperson of the legislative council. The legislative 21 member serves at the pleasure of the chairman chairperson of the 22 legislative council. 23 (9) The compact administrator, if the compact administrator is not 24 already a member of the council. 25 (10) The director of the department of child services. 26 (11) The president of the Indiana council of juvenile and family 27 court judges. 28 (c) The chief administrative officer of the office of judicial 29 administration shall serve as the chairperson of the council. 30 (d) The office of judicial administration shall staff the council. 31 (e) The council shall meet at the call of the chairperson or upon 32 request by a majority of the members, but at least one (1) time per 33 calendar year. 34 (f) The commissioner of the department of correction shall appoint 35 sufficient deputy compact administrators to fulfill Indiana's obligations 36 under the interstate compact for adult offender supervision with respect 37 to out-of-state offenders who are on parole. 38 (g) The chief administrative officer or designee of the office of 39 judicial administration shall appoint sufficient deputy compact 40 administrators to fulfill Indiana's obligations under the interstate 41 compact for adult offender supervision with respect to out-of-state 42 offenders who are on probation. 2024 IN 1267—LS 6912/DI 92 235 1 (h) The council has the following duties: 2 (1) The council shall receive the recommendation of the 3 commissioner of the department of correction and the chief 4 administrative officer of the office of judicial administration 5 concerning the appointment of a compact administrator. 6 (2) The council shall appoint the compact administrator, who 7 shall serve as commissioner on the interstate commission. If the 8 compact administrator is unable to serve as commissioner at a 9 meeting of the interstate commission, the council shall designate 10 another person to serve in place of the compact administrator. 11 (3) The council shall oversee activities of the interstate 12 commission. 13 (4) The council may make recommendations concerning the 14 operation of the interstate compact within Indiana and to facilitate 15 the implementation of the rules and bylaws adopted by the 16 interstate commission. 17 (5) The council shall carry out the duties of the state council 18 under section 1.5 of this chapter. 19 (i) The expenses of the council shall be paid from appropriations 20 made to the Indiana supreme court. 21 (j) Each member of the council who is not a state employee is not 22 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). 23 The member is entitled to reimbursement for traveling expenses as 24 provided under IC 4-13-1-4 and other expenses actually incurred in 25 connection with the member's duties as provided in the state policies 26 and procedures established by the Indiana department of administration 27 and approved by the budget agency. 28 (k) Each member of the council who is a state employee but who is 29 not a member of the general assembly is entitled to reimbursement for 30 traveling expenses as provided under IC 4-13-1-4 and other expenses 31 actually incurred in connection with the member's duties as provided 32 in the state policies and procedures established by the Indiana 33 department of administration and approved by the budget agency. 34 (l) Each member of the council who is a member of the general 35 assembly is entitled to receive the same per diem, mileage, and travel 36 allowances paid to legislative members of interim study committees 37 established by the legislative council. Per diem, mileage, and travel 38 allowances paid under this subsection shall be paid from appropriations 39 made to the legislative council or the legislative services agency. 40 (m) A member of the council who is a member of the general 41 assembly serves as a nonvoting member. 42 (n) The affirmative votes of a majority of the voting members 2024 IN 1267—LS 6912/DI 92 236 1 appointed to the council are required for the committee to take action 2 on any measure, including making a recommendation. 3 SECTION 394. IC 12-10-2-4 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The term of a 5 member of the commission is four (4) years. The term of a member 6 filling a vacancy is for the remainder of the unexpired term. 7 (b) The term of a member of the commission expires July 1, but a 8 member continues in office until a successor is appointed. 9 (c) The governor may terminate the appointment of a member of the 10 commission by notifying the member, the chairman chairperson of the 11 commission, and the director. 12 SECTION 395. IC 12-10-2-5 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. At its first meeting 14 of each year, the commission shall elect a chairman, chairperson, three 15 (3) vice chairmen, chairpersons, and a secretary to serve for one (1) 16 year. These officers are the executive committee of the commission. 17 SECTION 396. IC 12-10-11-2, AS AMENDED BY P.L.32-2021, 18 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 2. (a) The board consists of the following fifteen 20 (15) members: 21 (1) The director of the division of aging or the director's designee. 22 (2) The chairman chairperson of the Indiana state commission on 23 aging or the chairman's chairperson's designee. 24 (3) Three (3) citizens nominated by two (2) or more organizations 25 that: 26 (A) represent senior citizens; and 27 (B) have statewide membership. 28 (4) One (1) citizen nominated by one (1) or more organizations 29 that: 30 (A) represent individuals with disabilities, including 31 individuals who are less than eighteen (18) years of age; and 32 (B) have statewide membership. 33 (5) One (1) citizen nominated by one (1) or more organizations 34 that: 35 (A) represent individuals with mental illness, including 36 dementia; and 37 (B) have statewide membership. 38 (6) One (1) provider who provides services under IC 12-10-10. 39 (7) One (1) licensed physician, physician assistant, or registered 40 nurse who specializes either in the field of gerontology or in the 41 field of disabilities. 42 (8) Two (2) home care services advocates or policy specialists 2024 IN 1267—LS 6912/DI 92 237 1 nominated by two (2) or more: 2 (A) organizations; 3 (B) associations; or 4 (C) nongovernmental agencies; 5 that advocate on behalf of home care consumers, including an 6 organization listed in subdivision (3) that represents senior 7 citizens or persons with disabilities. 8 (9) Two (2) members of the senate, who may not be members of 9 the same political party, appointed by the president pro tempore 10 of the senate with the advice of the minority leader of the senate. 11 (10) Two (2) members of the house of representatives, who may 12 not be members of the same political party, appointed by the 13 speaker of the house of representatives with the advice of the 14 minority leader of the house of representatives. 15 The members of the board listed in subdivisions (9) and (10) are 16 nonvoting members. 17 (b) The members of the board designated by subsection (a)(3) 18 through (a)(8) shall be appointed by the governor for terms of four (4) 19 years. The term of a member of the board expires July 1. However, a 20 member may continue to serve until a successor is appointed. In case 21 of a vacancy, the governor shall appoint an individual to serve for the 22 remainder of the unexpired term. 23 (c) The division shall establish notice and selection procedures to 24 notify the public of the board's nomination process described in this 25 chapter. Information must be distributed through: 26 (1) the area agencies on aging; and 27 (2) all organizations, associations, and nongovernmental agencies 28 that work with the division on home care issues and programs. 29 SECTION 397. IC 12-10-11-5 IS AMENDED TO READ AS 30 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Each year the board 31 shall elect from its membership a chairman chairperson and vice 32 chairman. chairperson. 33 SECTION 398. IC 12-15-33-8, AS AMENDED BY P.L.140-2019, 34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 8. (a) A subcommittee may be created as the 36 committee considers necessary. 37 (b) The committee shall create a standing fiscal subcommittee. 38 (c) The chairman chairperson of each subcommittee must be a 39 member of the committee. 40 (d) Subcommittees may convene as often as needed. 41 SECTION 399. IC 12-15-35-25 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25. (a) The board shall 2024 IN 1267—LS 6912/DI 92 238 1 annually elect a chairman chairperson from the members of the board. 2 (b) The chairman chairperson may be re-elected to serve 3 consecutive terms as chairman. chairperson. 4 (c) A member of the board who is not a state employee is entitled to 5 the minimum salary per diem as provided by IC 4-10-11-2.1(b). Each 6 member of the board is entitled to reimbursement for traveling 7 expenses and other expenses actually incurred in connection with the 8 member's duties as provided in the state travel policies and procedures 9 established by the Indiana department of administration and the budget 10 agency. 11 (d) Each member of the board who is a state employee is entitled to 12 reimbursement for traveling expenses actually incurred in connection 13 with the member's duties, as provided in the state travel policies and 14 procedures established by the Indiana department of administration and 15 approved by the budget agency. 16 SECTION 400. IC 12-15-35-45, AS AMENDED BY P.L.152-2017, 17 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 45. (a) The chairman chairperson of the board, 19 subject to the approval of the board members, may appoint an advisory 20 committee to make recommendations to the board on the development 21 of a Medicaid outpatient drug formulary. 22 (b) If the office decides to establish a Medicaid outpatient drug 23 formulary, the formulary shall be developed by the board. 24 (c) A formulary, preferred drug list, or prescription drug benefit 25 used by a managed care organization is subject to IC 12-15-5-5, 26 IC 12-15-35.5, and sections 46 and 47 of this chapter. 27 SECTION 401. IC 12-20-25-29, AS AMENDED BY P.L.145-2006, 28 SECTION 121, IS AMENDED TO READ AS FOLLOWS 29 [EFFECTIVE JULY 1, 2024]: Sec. 29. (a) A township assistance 30 control board is established for each distressed township. The governor 31 shall appoint the following members to the control board: 32 (1) The budget director or the director's designee, who shall serve 33 as the chairman chairperson of the board. 34 (2) One (1) representative of the state board of accounts. 35 (3) One (1) representative of the department. 36 (4) One (1) representative of the division of family resources. 37 (5) One (1) elected public official of the county. 38 (6) One (1) township trustee. 39 (7) One (1) individual who: 40 (A) resides in the county or is employed in the county by an 41 employer paying taxes in the county; and 42 (B) is or agrees to become familiar with township assistance. 2024 IN 1267—LS 6912/DI 92 239 1 (8) The township trustee of the distressed township, who shall 2 serve as a nonvoting ex officio member of the control board. 3 (b) The members of the control board serve at the pleasure of the 4 governor. 5 (c) Each member of the board who is not a state employee or an 6 elected official is entitled to the minimum salary per diem provided by 7 IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for 8 traveling expenses and other expenses actually incurred in connection 9 with the member's duties, as provided in the state travel policies and 10 procedures established by the Indiana department of administration and 11 approved by the budget agency. 12 SECTION 402. IC 12-30-2-10, AS AMENDED BY P.L.73-2005, 13 SECTION 155, IS AMENDED TO READ AS FOLLOWS 14 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The superintendent of the 15 county home shall manage the county home and its farm to the best 16 interests of the county. 17 (b) The superintendent shall maintain order and discipline and shall 18 assign a reasonable amount of labor to every resident who is able to 19 perform labor. A resident may not be excused from labor except by the 20 superintendent or by the county physician for cause. The excuse of a 21 resident by the physician shall be for a definite time, except in the case 22 of: 23 (1) residents at least seventy (70) years of age; or 24 (2) residents suffering from a physical or mental disability that 25 makes the residents unfit for labor; 26 to whom a permanent excuse may be given by the physician. 27 (c) A resident who refuses to perform the task assigned by the 28 superintendent may be dismissed from the county home by the 29 superintendent and can only be readmitted within six (6) weeks after 30 dismissal: 31 (1) with the consent of the superintendent; or 32 (2) upon an order that is issued by the township trustee as the 33 administrator of township assistance and endorsed by the 34 chairman chairperson of the board of commissioners. 35 SECTION 403. IC 13-13-7.1-6, AS ADDED BY P.L.53-2014, 36 SECTION 119, IS AMENDED TO READ AS FOLLOWS 37 [EFFECTIVE JULY 1, 2024]: Sec. 6. The chairman chairperson of the 38 legislative council shall appoint the chair of the panel from the 39 members appointed under section 2(1) or 2(2) of this chapter. The chair 40 of the panel serves at the pleasure of the chairman chairperson of the 41 legislative council. 42 SECTION 404. IC 13-25-1-4 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 240 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The governor shall 2 appoint: 3 (1) a chairman; chairperson; and 4 (2) a vice chairman; chairperson; 5 of the commission from among the members of the commission. 6 SECTION 405. IC 13-25-1-5 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The commission 8 shall meet as follows: 9 (1) At least one (1) time every three (3) months. 10 (2) At the call of the chairman. chairperson. 11 (b) A majority of the members constitutes a quorum for the 12 authority to conduct business. 13 SECTION 406. IC 14-10-1-5 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) One (1) time each 15 year the commission shall elect officers from the membership of the 16 commission. The officers must include the following: 17 (1) A chairman, chairperson, who shall preside at meetings. 18 (2) A vice chairman, chairperson, who shall preside at meetings 19 in the absence of the chairman. chairperson. 20 (3) A secretary, who shall cause the preparation and maintenance 21 of records of the business of the commission. 22 (b) Officers: 23 (1) serve for terms of one (1) year; and 24 (2) may be reelected by the membership of the commission. 25 SECTION 407. IC 14-10-1-7 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The commission 27 shall have at least four (4) regular meetings in each fiscal year and as 28 many additional or special meetings as the commission's business, 29 powers, or duties require. 30 (b) The chairman: chairperson: 31 (1) may call a special meeting; and 32 (2) shall call a special meeting at the request of any five (5) 33 members. 34 SECTION 408. IC 14-12-1-7 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. At the foundation's 36 first meeting after June 30 of each year, the members shall select one 37 (1) of the members to serve as chairman chairperson until the 38 chairman's chairperson's successor is selected. 39 SECTION 409. IC 14-12-1-10 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The foundation may 41 do the following: 42 (1) Adopt bylaws for the regulation of the foundation's affairs and 2024 IN 1267—LS 6912/DI 92 241 1 the conduct of the foundation's business. 2 (2) Adopt an official seal, which may not be the seal of the state. 3 (3) Maintain a principal office and other offices the foundation 4 designates. 5 (4) Sue and be sued in the name and style of "Indiana Natural 6 Resources Foundation", with service of process being made to the 7 chairman chairperson of the foundation by leaving a copy at the 8 principal office of the foundation or at the residence of the 9 chairman chairperson if the foundation has no principal office. 10 (5) To exercise the powers or perform the duties of the 11 foundation, do the following: 12 (A) Acquire by any means except eminent domain a right or an 13 interest in or upon real or personal property of any kind or 14 nature. The foundation shall hold the legal title to property 15 acquired in the name of the foundation. 16 (B) Dispose of a right or an interest in real property. 17 (6) Make and enter into all contracts, undertakings, and 18 agreements necessary or incidental to the performance of the 19 duties and the execution of the powers of the foundation under 20 this chapter. 21 (7) Employ an executive director and other employees that are 22 necessary in the foundation's judgment and fix their 23 compensation. 24 (8) Conduct studies of the feasibility of certain natural resource 25 projects and facilities. 26 (9) Receive and accept from any person grants for or in aid of the 27 acquisition, construction, improvement, or development of any 28 part of the projects of the foundation and receive and accept aid 29 or contributions from any source of money, property, labor, or 30 other things of value, to be held, used, applied, or disposed of 31 only for the purposes consistent with the purposes of this chapter 32 for which the grants and contributions may be made. 33 (10) Hold, use, administer, and expend money that may be 34 acquired by the foundation. 35 (11) Do all acts and things necessary or proper to carry out the 36 powers expressly granted in this chapter. 37 SECTION 410. IC 14-12-2-17 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) The project 39 committee shall meet at least quarterly and at the call of the chairman. 40 chairperson. 41 (b) The project committee may convene a meeting at any location 42 in Indiana. 2024 IN 1267—LS 6912/DI 92 242 1 (c) The project committee shall plan and conduct meetings in a 2 manner that promotes broad public participation and ensures that the 3 views of the members of the public attending the meetings may be 4 fairly presented. 5 SECTION 411. IC 14-13-1-11, AS AMENDED BY P.L.197-2021, 6 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 11. (a) The governor shall designate: 8 (1) one (1) of the voting members of the commission as chairman; 9 chairperson; and 10 (2) one (1) of the voting members of the commission as treasurer. 11 (b) The chairman chairperson and treasurer serve until: 12 (1) the governor designates another voting member of the 13 commission as chairman chairperson or treasurer, respectively, 14 under subsection (a); or 15 (2) the term of the member designated as chairman chairperson 16 or treasurer, respectively, expires; 17 whichever occurs first. 18 SECTION 412. IC 14-13-1-12 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The commission 20 shall meet on call of any of the following: 21 (1) The chairman. chairperson. 22 (2) The executive director. 23 (3) Any three (3) voting members. 24 (b) Seven (7) voting members constitute a quorum. 25 SECTION 413. IC 14-13-1-28 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 28. The commission 27 may do the following: 28 (1) Adopt bylaws for the regulation of the commission's affairs 29 and the conduct of the commission's business. 30 (2) Adopt an official seal, which may not be the seal of the state. 31 (3) Maintain a principal office and other offices that the 32 commission designates. 33 (4) Sue and be sued in the name and style of "White River State 34 Park Development Commission", with service of process being 35 had upon the chairman chairperson of the commission by leaving 36 a copy at the principal office of the commission. 37 (5) Acquire by grant, purchase, gift, devise, lease, eminent 38 domain, or otherwise and hold, use, sell, lease, or dispose of: 39 (A) real and personal property of every kind and nature; and 40 (B) any right and interest; 41 necessary for the full exercise or convenient or useful for the 42 carrying on of any of the commission's powers under this chapter. 2024 IN 1267—LS 6912/DI 92 243 1 (6) Exercise within Indiana and in the name of the state of Indiana 2 the power of eminent domain under Indiana law governing the 3 exercise of the power of eminent domain for any public purposes. 4 (7) Fix, collect, and review admission charges, entrance fees, 5 tolls, and other user charges for the use of a facility within the 6 projects owned or leased by the commission or dedicated to the 7 commission by a political subdivision of the state or a public 8 agency, department, or commission having jurisdiction of the 9 facility. 10 (8) Acquire by fee or by lease, obtain option on, hold, and dispose 11 of real and personal property reasonably necessary and proper to 12 the exercise of the commission's powers and the performance of 13 the commission's duties under this chapter. 14 (9) Make and enter into all contracts, undertakings, and 15 agreements necessary or incidental to the performance of the 16 commission's duties and the execution of the commission's 17 powers under this chapter. 18 (10) Employ and fix the compensation of consulting engineers, 19 superintendents, and other engineers, construction and accounting 20 experts, attorneys, and other employees and agents the 21 commission considers necessary. 22 (11) Conduct studies of the financial feasibility of the park and 23 recreational projects and facilities, betterments, and 24 improvements within those projects. 25 (12) Avail itself of the services of professional and other 26 personnel employed by an agency, a department, or a commission 27 of the state for purposes of studying the feasibility of or designing, 28 constructing, or maintaining the projects or a facility within those 29 projects. 30 (13) Receive and accept: 31 (A) from the federal government or a federal agency or 32 department grants for or in aid of the acquisition, construction, 33 improvement, or development of any part of the projects of the 34 commission; and 35 (B) aid or contributions from any source of money, property, 36 labor, or other things of value; 37 to be held, used, and applied only for the purposes, consistent 38 with the purposes of this chapter, for which the grants and 39 contributions may be made. 40 (14) Hold, use, administer, and expend the money that is 41 appropriated or transferred to the commission. 42 (15) Assist or cooperate with a political subdivision or public 2024 IN 1267—LS 6912/DI 92 244 1 agency, department, or commission, including the payment of 2 money or the transfer of property by the commission to the 3 political subdivision or public agency, department, or 4 commission, if the commission considers the assistance or 5 cooperation appropriate and in furtherance of the purposes of this 6 chapter. 7 (16) Accept assistance and cooperation from a political 8 subdivision or public agency, department, or commission, 9 including the acceptance of money or property by the commission 10 from the political subdivision or public agency, department, or 11 commission, if the commission considers the assistance or 12 cooperation appropriate and in furtherance of the purposes of this 13 chapter. 14 (17) All acts and things necessary or proper to carry out the 15 powers expressly granted in this chapter. 16 SECTION 414. IC 14-13-1-33 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) Revenue bonds 18 issued under this chapter shall be issued in the name of the commission 19 and must recite on the face of each bond that the principal of and 20 interest on the bond are payable solely from revenues pledged for their 21 payment and are not an obligation of the state or of a political 22 subdivision of the state. 23 (b) The chairman chairperson of the commission shall execute the 24 bonds, and the secretary of the commission shall affix and attest the 25 seal of the commission. 26 (c) Coupons attached to the bonds must bear the facsimile signature 27 of the chairman chairperson of the commission. 28 SECTION 415. IC 14-13-2-9 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission 30 shall elect the following officers: 31 (1) A chairman. chairperson. 32 (2) A vice chairman. chairperson. 33 (3) A secretary. 34 (4) A treasurer. 35 (b) The terms of the officers may not exceed one (1) year. Each 36 officer is eligible for reelection. 37 (c) The commission may create and fill other offices that the 38 commission determines necessary. 39 (d) Each of the officers shall perform the duties usually pertaining 40 to the offices. 41 SECTION 416. IC 14-13-2-10, AS AMENDED BY P.L.106-2012, 42 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2024 IN 1267—LS 6912/DI 92 245 1 JULY 1, 2024]: Sec. 10. (a) The commission shall meet: 2 (1) at least four (4) times per calendar year; and 3 (2) on call of any of the following: 4 (A) The chairman. chairperson. 5 (B) The executive director. 6 (C) Any number of members that constitutes a quorum under 7 subsection (b). 8 (b) The following number of members constitutes a quorum: 9 (1) Three (3) commission members before August 1, 2012. 10 (2) Five (5) commission members beginning August 1, 2012. 11 SECTION 417. IC 14-13-2-18 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. The commission 13 may do the following: 14 (1) Adopt bylaws for the regulation of the commission's affairs 15 and the conduct of the commission's business. 16 (2) Adopt an official seal, which may not be the seal of the state. 17 (3) Maintain a principal office and other offices that the 18 commission designates. 19 (4) Sue and be sued in the name and style of "Little Calumet 20 River Basin Development Commission", with service of process 21 being made upon the chairman chairperson of the commission by 22 leaving a copy at the principal office of the commission. 23 (5) Acquire by grant, purchase, gift, devise, lease, eminent 24 domain, or otherwise and hold, use, sell, lease, or dispose of: 25 (A) real and personal property of every kind and nature; and 26 (B) any right and interest; 27 necessary for the full exercise or convenient or useful for the 28 carrying on of any of the commission's powers under this chapter. 29 (6) Exercise within Indiana and in the name of the state of Indiana 30 the power of eminent domain under Indiana law governing the 31 exercise of the power of eminent domain for any public purposes. 32 (7) Fix, collect, and review admission charges, entrance fees, 33 tolls, and other user charges for the use of a facility within the 34 projects owned or leased by the commission or dedicated to the 35 commission by a political subdivision of the state or a public 36 agency, department, or commission having jurisdiction of the 37 facility. 38 (8) Acquire by fee or by lease, obtain option on, hold, and dispose 39 of real and personal property reasonably necessary and proper to 40 the exercise of the commission's powers and the performance of 41 the commission's duties under this chapter. 42 (9) Make and enter into all contracts, undertakings, and 2024 IN 1267—LS 6912/DI 92 246 1 agreements necessary or incidental to the performance of the 2 commission's duties and the execution of the commission's 3 powers under this chapter. 4 (10) Employ and fix the compensation of an executive director or 5 manager, consulting engineers, superintendents, and other 6 engineers, construction and accounting experts, attorneys, and 7 other employees and agents necessary in the commission's 8 judgment. 9 (11) Conduct studies of the financial feasibility of the flood 10 control and park and recreational projects and facilities, 11 betterments, and improvements within those projects. 12 (12) Avail itself of the services of professional and other 13 personnel employed by an agency, a department, or a commission 14 of the state for purposes of studying the feasibility of or designing, 15 constructing, or maintaining the projects or a facility within those 16 projects. 17 (13) Receive and accept: 18 (A) from the federal government or a federal agency or 19 department grants for or in aid of the acquisition, construction, 20 improvement, or development of any part of the projects of the 21 commission; and 22 (B) aid or contributions from any source of money, property, 23 labor, or other things of value; 24 to be held, used, and applied only for the purposes, consistent 25 with the purposes of this chapter, for which the grants and 26 contributions may be made. 27 (14) Hold, use, administer, and expend money that is appropriated 28 or transferred to the commission. 29 (15) Assist or cooperate with a political subdivision or public 30 agency, department, or commission, including the payment of 31 money or the transfer of property to the political subdivision or 32 public agency, department, or commission by the commission if 33 the commission considers the assistance or cooperation 34 appropriate in furtherance of the purposes of this chapter. 35 (16) Accept assistance and cooperation from a political 36 subdivision or public agency, department, or commission, 37 including the acceptance of money or property by the commission 38 from the political subdivision or public agency, department, or 39 commission, if the commission considers the assistance or 40 cooperation appropriate in furtherance of the purposes of this 41 chapter. 42 (17) Do all acts and things necessary or proper to carry out the 2024 IN 1267—LS 6912/DI 92 247 1 powers expressly granted in this chapter. 2 (18) Enter into and carry out the terms of a nonfederal interest (as 3 defined by 42 U.S.C. 1962d-5b). 4 (19) Provide police protection for the commission's property and 5 activities by: 6 (A) requesting assistance from state, city, or county police 7 authorities; or 8 (B) having specified employees deputized as police officers. 9 (20) Make contracts and leases for facilities and services. 10 (21) Appoint the administrative officers and employees necessary 11 to carry out the work of the commission, fix their duties and 12 compensation, and delegate authority to perform ministerial acts 13 in all cases except where final action of the commission is 14 necessary. 15 (22) Engage in self-supporting activities. 16 (23) Contract for special and temporary services and for 17 professional assistance. 18 (24) Invoke any legal, equitable, or special remedy for the 19 enforcement of this chapter. 20 SECTION 418. IC 14-13-2-23, AS AMENDED BY P.L.106-2012, 21 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 23. (a) Bonds issued under this chapter shall be 23 issued in the name of the commission and must recite on the face of 24 each bond that the principal of and interest on the bond are payable 25 solely from revenues pledged for their payment and are not an 26 obligation of the state or of any other political subdivision of the state. 27 (b) The chairman chairperson of the commission shall execute the 28 bonds, and the secretary of the commission shall affix and attest the 29 seal of the commission. 30 (c) Coupons attached to the bonds must bear the facsimile signature 31 of the chairman chairperson of the commission. 32 SECTION 419. IC 14-13-4-9 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission 34 shall elect the following officers from among the commission's 35 members: 36 (1) A chairman. chairperson. 37 (2) A vice chairman. chairperson. 38 (3) A treasurer. 39 (b) Each officer serves a term of one (1) year beginning July 1 of 40 each year. 41 SECTION 420. IC 14-13-4-10 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The 2024 IN 1267—LS 6912/DI 92 248 1 commission: 2 (1) shall fix the time for regular meetings; and 3 (2) may hold special meetings on call of the chairman 4 chairperson with seven (7) days written notice. 5 (b) A member may waive written notice of a specific meeting by a 6 written notice filed with the commission. 7 SECTION 421. IC 14-13-5-9 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Each year the 9 commission shall elect the following from among the members of the 10 commission: 11 (1) A chairman. chairperson. 12 (2) A vice chairman. chairperson. 13 (3) A treasurer. 14 (b) An individual elected as a chairman chairperson or a vice 15 chairman: chairperson: 16 (1) serves a term of one (1) year beginning July 1 following the 17 date the individual is elected; and 18 (2) may be reelected. 19 SECTION 422. IC 14-13-5-10 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The 21 commission: 22 (1) shall fix the time for regular meetings; and 23 (2) may hold special meetings on call of the chairman 24 chairperson with seven (7) days written notice. 25 (b) A member may waive written notice of a specific meeting by 26 filing a written notice with the commission. 27 (c) Written notice is considered to have been given under this 28 section when the written notice is: 29 (1) placed in the United States mail, first class postage prepaid; 30 and 31 (2) sent to the business address of the members of the 32 commission. 33 SECTION 423. IC 14-13-9-14, AS ADDED BY P.L.282-2019, 34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 35 JULY 1, 2024]: Sec. 14. (a) This section does not apply to a member 36 appointed under section 10 of this chapter. 37 (b) The commission shall elect the following officers: 38 (1) A chairman. chairperson. 39 (2) A vice chairman. chairperson. 40 (3) A secretary. 41 (4) A treasurer. 42 (c) The: 2024 IN 1267—LS 6912/DI 92 249 1 (1) terms of the officers elected under subsection (b) may not 2 exceed one (1) year; and 3 (2) officers are eligible for reelection. 4 (d) The commission may establish and fill other offices the 5 commission considers necessary. 6 (e) Each officer of the commission shall perform the duties usually 7 pertaining to the office. 8 SECTION 424. IC 14-13-9-15, AS ADDED BY P.L.282-2019, 9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 15. The commission shall meet: 11 (1) at least four (4) times per calendar year; and 12 (2) on the call of any of the following: 13 (A) The chairman. chairperson. 14 (B) The executive director. 15 (C) A quorum of the members of the commission. 16 SECTION 425. IC 14-20-11-8 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The members of the 18 commission shall elect a chairman. chairperson. 19 SECTION 426. IC 14-20-11-10 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The commission 21 may accept gifts, bequests, legacies, and donations of money for the 22 acquisition and maintenance of property if the money received is 23 deposited in a special trust fund to be designated as the Wendell L. 24 Willkie memorial fund. The fund shall be applied to and expended 25 under the direction of the chairman chairperson of the commission to 26 carry out this chapter. 27 SECTION 427. IC 14-21-1-21 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 21. The director is 29 chairman chairperson of the review board. The review board may 30 select other officers that the review board determines. 31 SECTION 428. IC 14-27-6-19 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. (a) The board shall 33 by rule provide for regular meetings to be held not less than at 34 semimonthly intervals throughout the year. The board shall keep 35 meetings open to the public. 36 (b) The board shall convene a special meeting when a special 37 meeting is called. The chairman chairperson or a majority of the 38 members of the board may call a special meeting. The board shall do 39 the following: 40 (1) Establish by rule a procedure for calling special meetings. 41 (2) Give notice of a special meeting that is open to the public by 42 publication one (1) time, not less than twenty-four (24) hours 2024 IN 1267—LS 6912/DI 92 250 1 before the time of the meeting, in each of two (2) daily 2 newspapers of general circulation in the district. 3 SECTION 429. IC 14-27-8-14 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The drainage 5 commissioners: 6 (1) shall elect one (1) of the drainage commissioners chairman; 7 chairperson; and 8 (2) may elect one (1) of the drainage commissioners secretary. 9 SECTION 430. IC 14-29-7-11 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) At the first 11 meeting of a river commission, the river commission shall select the 12 following: 13 (1) A chairman chairperson from the membership. 14 (2) Other officers that the river commission determines. 15 (b) The officers serve for terms of one (1) year. 16 SECTION 431. IC 14-29-7-12 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Each river 18 commission shall hold not less than six (6) regular, bimonthly meetings 19 at a time and place fixed at the initial meeting. 20 (b) A river commission may hold special meetings that the river 21 commission considers necessary. 22 (c) The chairman chairperson of a river commission may call 23 special meetings. 24 SECTION 432. IC 14-30-2-8 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The following shall 26 serve as voting members of the commission: 27 (1) Each member of the county executive for a participating 28 county. 29 (2) The executive director or, if a county does not have an 30 executive director, the chairman chairperson of a soil and water 31 conservation district that: 32 (A) is subject to IC 14-32; 33 (B) includes territory in a participating county; and 34 (C) includes territory in the basin. 35 (3) The county surveyor of each participating county. 36 SECTION 433. IC 14-30-3-11 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The commission 38 shall elect from among the members the following officers: 39 (1) A chairman. chairperson. 40 (2) A vice chairman. chairperson. 41 (3) A secretary. 42 (4) A treasurer. 2024 IN 1267—LS 6912/DI 92 251 1 (b) The: 2 (1) term of office for the officers elected under subsection (a) is 3 one (1) year; and 4 (2) officers are eligible for reelection. 5 (c) The commission may establish and fill other offices that the 6 commission considers necessary. 7 SECTION 434. IC 14-30-3-12 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) The commission 9 may establish an executive board consisting of the following: 10 (1) The chairman chairperson of the commission. 11 (2) One (1) member from each participating county that is not 12 represented by the chairman, chairperson, to be chosen in a 13 manner prescribed by the commission. 14 (b) The commission may delegate to the executive board the power 15 to do the following: 16 (1) Recommend agenda items and activities to the commission. 17 (2) Conduct hearings on proposed commission projects. 18 (3) Perform other administrative duties assigned by the 19 commission. 20 SECTION 435. IC 14-30-4-8 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The following serve 22 as voting members of the commission: 23 (1) The three (3) county commissioners from each participating 24 county. 25 (2) The chairman chairperson of a soil and water conservation 26 district for each participating county that: 27 (A) is subject to IC 14-32; 28 (B) includes territory in a participating county; and 29 (C) includes territory in the basin. 30 (3) The county surveyor of each participating county. 31 SECTION 436. IC 14-31-2-10 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The department 33 may accept contributions and pledges to the fund. Pledges made 34 contingent on appropriation of state money are acceptable and shall be 35 reported with other pledges as set forth in this section. 36 (b) On each December 1 that precedes the beginning of a new 37 budgetary biennium, until the campaign size limit is reached, the 38 department shall include: 39 (1) the amount that has been contributed; and 40 (2) the amount that has been pledged for payment in the 41 succeeding two (2) calendar years; 42 in the department's budget request. 2024 IN 1267—LS 6912/DI 92 252 1 (c) In addition to the budget request, the department shall report the 2 amounts to: 3 (1) the governor; and 4 (2) the chairmen chairpersons of the standing committees in the 5 house of representatives and senate considering issues of finance 6 and natural resources; 7 so that those public officials can take proper steps to secure the 8 appropriation of a matching amount of public money for the fund. 9 (d) A similar state match of private contributions and pledges for 10 successive years shall be requested in successive biennia until an 11 amount not exceeding five million dollars ($5,000,000) is appropriated 12 to accomplish the purposes of this chapter. 13 SECTION 437. IC 14-32-2-8, AS AMENDED BY P.L.120-2008, 14 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2024]: Sec. 8. (a) The members of the board shall elect a 16 member as the chairman chairperson of the board. 17 (b) The director of the division of soil conservation established 18 within the Indiana state department of agriculture by IC 15-11-4-1 is 19 the secretary of the board. 20 SECTION 438. IC 14-32-2-10 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The board may 22 delegate the powers and duties that the board considers proper to: 23 (1) the chairman chairperson of the board; 24 (2) any of the members of the board; or 25 (3) the division of soil conservation. 26 SECTION 439. IC 14-32-4-7 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The election held 28 at the annual meeting of land occupiers shall be conducted by an 29 election committee appointed under this section. 30 (b) In October, the district chairman chairperson shall do the 31 following: 32 (1) Appoint an election committee made up of a supervisor as 33 chairman chairperson and two (2) interested citizens. 34 (2) Submit the names of the committee members to the board by 35 November 1. 36 SECTION 440. IC 14-32-4-8, AS AMENDED BY P.L.129-2011, 37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 38 JULY 1, 2024]: Sec. 8. The election committee appointed under section 39 7 of this chapter shall do the following: 40 (1) Select qualified individuals as prospective nominees to fill any 41 vacancies that exist among the elected supervisors of the district. 42 (2) Contact and ascertain the willingness and ability of each 2024 IN 1267—LS 6912/DI 92 253 1 individual to serve if elected. 2 (3) Submit the list of nominees with the qualifications for 3 certification and printing of a sample ballot to the board by 4 December 1. 5 (4) Place the names of the prospective nominees selected under 6 subdivisions (1) and (2) in nomination at the meeting and provide 7 an opportunity for additional nominations to be made from the 8 floor. 9 (5) After nominations are closed: 10 (A) if only one (1) candidate is nominated, allow for the 11 election of the sole candidate by the land occupiers by a show 12 of hands; and 13 (B) if more than one (1) candidate is nominated, distribute a 14 ballot to each land occupier present at the meeting. 15 (6) If a ballot is distributed, collect and count the ballots after 16 each land occupier present at the meeting has had an opportunity 17 to vote. 18 (7) Report the results of the election to the chairman. 19 chairperson. 20 SECTION 441. IC 14-32-4-9 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) If a tie vote 22 occurs in an election held at an annual meeting under this chapter, 23 voting shall continue until the tie is broken. 24 (b) The individual receiving the highest number of votes is elected 25 a supervisor for the three (3) year term. If there is also a vacancy to fill 26 an unexpired term of an elected supervisor, the individual receiving the 27 second highest number of votes is elected to fill the unexpired term. 28 (c) The chairman chairperson shall announce the individuals who 29 have been elected and report the election results to the board. 30 SECTION 442. IC 14-32-4-14 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. The supervisors 32 shall designate a chairman chairperson and may change the 33 designation. 34 SECTION 443. IC 14-32-4-20 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. The supervisors 36 may delegate the powers and duties that the supervisors consider 37 proper to any of the following: 38 (1) The chairman. chairperson. 39 (2) Any number of supervisors. 40 (3) Any number of agents or employees. 41 SECTION 444. IC 14-33-5-6 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) At each annual 2024 IN 1267—LS 6912/DI 92 254 1 meeting and before the election of directors, the chairman chairperson 2 shall appoint three (3) freeholders of the district who are present at the 3 annual meeting to act as clerks of and conduct the election. 4 (b) Before the casting of a vote, each freeholder must sign the list of 5 freeholders opposite the freeholder's name in the presence of the 6 secretary of the district. If the clerks find that a freeholder's name is 7 erroneously omitted from the list, the clerks shall place the name on the 8 list. The omitted freeholder is then entitled to cast a ballot. 9 (c) The clerks shall note the fact of receipt of a valid written ballot 10 vote opposite the freeholder's name who cast that vote. At this time the 11 written ballot vote is considered cast. 12 (d) At the close of the election poll, the clerks shall count the cast 13 ballots and make a report of the results. The secretary of the district 14 shall record the results in the records of the district. The chairman 15 chairperson shall then declare the successful nominees elected, and 16 the elected directors are entitled to and shall assume all the duties of 17 the office for which elected. 18 SECTION 445. IC 14-33-5-10 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) Notwithstanding 20 other provisions of this chapter, this section applies to all districts 21 described in IC 14-33-9-4. 22 (b) The following shall serve as advisory members of the board and 23 have all privileges of membership except the right to vote: 24 (1) The city engineer of each second class city in the district. 25 (2) The county surveyor of the county. 26 (3) The chairman chairperson of the county soil and water 27 conservation district. 28 (c) On the same day as the primary election held in even-numbered 29 years, the voters shall select the area directors. At the initial election 30 held under this section, the authority that makes the initial appointment 31 of directors under section 1 of this chapter shall designate the initial 32 terms of the directors elected as follows: 33 (1) One-half (1/2) plus one (1) of the directors serve for two (2) 34 year terms. 35 (2) The other directors serve for four (4) year terms. 36 After the first election, all directors serve for four (4) year terms. Area 37 directors take office on June 1 after election. 38 (d) The initial appointments of directors under section 1 of this 39 chapter shall be made so that the directors serve until the election in the 40 first even-numbered year following the year of appointment. 41 (e) Nominations for director signed by at least five (5) freeholders 42 shall be filed with the county election board during the period when 2024 IN 1267—LS 6912/DI 92 255 1 filing for other county offices takes place, and the board shall publicly 2 invite nominations at least five (5) days before this filing period begins. 3 (f) Each director must be a freeholder and a resident of the district 4 from which elected. Only one (1) director may be elected from each 5 district. 6 (g) When a vacancy occurs on the board: 7 (1) the chairman chairperson of the board; or 8 (2) five (5) freeholders from the district where the vacancy exists; 9 may petition the appointing authority to have the appointing authority 10 make an appointment to fill the vacancy for the remainder of the 11 unexpired term. 12 SECTION 446. IC 14-33-5-14 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. (a) Special 14 meetings of the board may be called by the chairman chairperson or 15 by two (2) members upon written request to the secretary. The 16 secretary shall send to all members, at least three (3) days before a 17 special meeting, a written notice fixing the time and place of the 18 meeting. 19 (b) Written notice of a special meeting is not required if: 20 (1) the time of the special meeting has been fixed in a regular 21 meeting; or 22 (2) all members were present at a meeting at which a special 23 meeting was called. 24 SECTION 447. IC 14-33-5-17 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. Immediately 26 following appointment and immediately following each annual meeting 27 of the district, the directors shall meet and elect a chairman 28 chairperson and a vice chairman. chairperson. The vice chairman 29 chairperson may act as chairman chairperson during the absence or 30 disability of the chairman. chairperson. The chairman chairperson 31 shall promptly notify the commission in writing of the names and 32 addresses of the officers and directors of the district, and the same 33 information, together with the executed oaths, shall be filed with the 34 circuit court. 35 SECTION 448. IC 14-33-5-20, AS AMENDED BY P.L.122-2023, 36 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 20. The board shall do the following: 38 (1) Exercise general supervision of and make regulations for the 39 administration of the affairs of the district. 40 (2) Prescribe uniform rules pertaining to investigations and 41 hearings. 42 (3) Supervise the fiscal affairs and responsibilities of the district. 2024 IN 1267—LS 6912/DI 92 256 1 (4) Prescribe the qualifications of, appoint, remove, and fix the 2 compensation of the employees of the district. The compensation 3 must be reasonable and similar in amount to the compensation 4 allowed employees performing similar service for the state and 5 political subdivisions of the state. The board may delegate to 6 employees authority to perform ministerial acts in all cases except 7 where final action of the board is necessary. 8 (5) Keep an accurate and complete record of all district 9 proceedings and record and file all bonds and contracts, assuming 10 responsibility for the custody and preservation of all papers and 11 documents of the district. 12 (6) Make an annual report to the court of income and expenses. 13 The report must be submitted not later than thirty (30) days after 14 the annual meeting and may include any of the following: 15 (A) A statement of the progress in accomplishing each purpose 16 for which the district is established. 17 (B) Recommendations for amendment to the district plan. 18 (C) Any matter that the board believes should be brought to 19 the attention of the court for instructions or approval. 20 (7) Adopt a seal and certify all official acts. 21 (8) Sue and be sued collectively by the legal name "________ 22 Conservancy District", with service of process made on the 23 chairman chairperson of the board. However, costs may not be 24 taxed against the directors individually in an action. 25 (9) Invoke any legal, equitable, or special remedy for the 26 enforcement of this article or of any proper action of the board in 27 a court. 28 (10) If advisable, establish an advisory committee. 29 (11) Exercise the powers granted under this article to accomplish 30 each purpose for which the district is established. 31 (12) If a purpose of the district is the construction or maintenance 32 of a levee in cooperation with the United States Secretary of the 33 Army, divide, by resolution, the levee into maintenance sections 34 and make assignment of each section to a director who must be a 35 resident freeholder near the maintenance section. The director 36 shall, upon assignment, supervise and assist in the maintenance 37 of the assigned maintenance section. 38 (13) Protect against encroachment by a stream. The board may, 39 alone or in cooperation with state or federal agencies, do whatever 40 is necessary to provide bank stabilization for the protection of the 41 works of improvement of the district. 42 (14) Insure property, personnel, and operations of the district 2024 IN 1267—LS 6912/DI 92 257 1 against risks and in amounts that the board determines necessary 2 to protect the district. 3 (15) If the board employs a district marshal or deputy district 4 marshal under IC 14-33-25, the board must conduct the 5 disciplinary removal and appeals procedure prescribed by 6 IC 14-33-25-2 and IC 36-8-3-4. 7 SECTION 449. IC 14-33-5.4-3 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Within twenty 9 (20) days after the order establishing the district, the board of 10 commissioners of the county shall appoint the initial board of directors. 11 A director shall be appointed for each of the areas in the district as 12 established by the court. A director must be a freeholder of the area of 13 the district for which appointed or an officer or nominee of a corporate 14 freeholder of the area of the district for which appointed and must be 15 qualified by knowledge and experience in matters pertaining to the 16 development of the district. A majority of the directors must be resident 17 freeholders of the district if available and qualified. A majority of the 18 initial directors must be petitioners for the establishment of the district, 19 but for this purpose an officer or nominee of a corporate freeholder of 20 the district, if the corporation is one (1) of the petitioners, is considered 21 a petitioner. 22 (b) When vacancies on the board occur due to expiration of terms, 23 resignation, or otherwise, directors shall be elected by a majority, 24 written ballot vote of the freeholders of the district. Between April 24 25 and May 1, the board shall invite nominations to fill vacancies on the 26 board by one (1) publication in a newspaper of general circulation in 27 each of the counties in the district. Each publication must: 28 (1) contain the names of the directors whose terms are expiring 29 and the area of the district involved; 30 (2) invite nominations to fill vacancies; and 31 (3) state the qualifications for the office, that are the same as 32 prescribed by subsection (a), except a nominee need not have 33 been a petitioner for the establishment of the district nor a 34 resident of the area of the district for which nominations are 35 invited. 36 (c) Nominations for director must be submitted to the office of the 37 district in writing before June 1 following notice of vacancies and must 38 be signed by at least five (5) freeholders from the areas designated by 39 the secretary's notice. Nominations that are mailed are valid if 40 delivered or postmarked before June 1 if the envelope has sufficient 41 U.S. postage and is addressed to the district's office. 42 (d) The election of directors of a district shall be held the Saturday 2024 IN 1267—LS 6912/DI 92 258 1 or Sunday immediately before or after July 4. The board of directors of 2 a district shall establish the date for the election of directors. 3 (e) Notice of the annual election of directors of the district must be 4 published in one (1) issue of a newspaper of general circulation in each 5 county in the district. The notice must be published: 6 (1) not less than fourteen (14); and 7 (2) not more than thirty-one (31); 8 days before the election. The notice must contain the names of the 9 nominees, the place where ballots can be cast in the election, and the 10 date and time of the election. 11 (f) Before the election, the board shall prepare the ballots and a list 12 of the freeholders of the district, that must be certified by the county 13 auditor and placed in the district's files. No deficiency in this process 14 or omission of the names of any freeholders voids action taken at an 15 annual meeting. 16 (g) A freeholder is entitled to only one (1) vote per freeholder. 17 (h) Before the election of directors, the chairman chairperson shall 18 appoint three (3) or, if necessary, more freeholders of the district to act 19 as clerks of the election and to conduct the election. 20 (i) If a district fails to conduct an election of directors as provided 21 by this chapter, any interested person of the district may petition the 22 board of commissioners of the county to appoint a director to fill 23 vacancies. The board of commissioners of the county shall make its 24 appointment within fifteen (15) days from the date the petition is filed. 25 SECTION 450. IC 14-33-5.4-7 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) At the close of an 27 election, the clerks appointed under section 3(h) of this chapter shall 28 count the ballots cast and make a report of the results. The secretary of 29 the district shall record the results reported by the clerks in the records 30 of the district. 31 (b) After the results are reported and recorded under subsection (a), 32 the chairman chairperson of the board of directors shall declare the 33 successful nominees elected, and each elected director is entitled to and 34 shall assume all duties of the office to which the nominee was elected 35 at midnight the night of the election or as soon as possible thereafter. 36 SECTION 451. IC 14-33-16-9 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) Before the voting 38 begins, the chairman chairperson of the board shall appoint three (3) 39 freeholders of the district as clerks to conduct the election. 40 (b) Before casting a vote, each freeholder must sign the list of 41 freeholders opposite the freeholder's name in the presence of the 42 district secretary. 2024 IN 1267—LS 6912/DI 92 259 1 (c) If: 2 (1) a clerk finds a freeholder's name is omitted from the list; and 3 (2) all three (3) clerks determine that the freeholder's name should 4 be added to the list; 5 the clerks shall place the freeholder's name on the list and the 6 freeholder may vote. 7 SECTION 452. IC 14-33-20-18 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 18. (a) The bonds, 9 notes, or other evidences of indebtedness shall be executed in the name 10 of the district by the chairman chairperson of the board and attested 11 by the secretary. Interest coupons may be executed by placing the 12 facsimile signature of the chairman chairperson on the coupons. 13 (b) The bonds, notes, or other evidences of indebtedness are valid 14 and binding obligations of the district for all purposes provided by this 15 chapter and in the resolution, even if before delivery any of the persons 16 whose signatures appear on the bonds, notes, or other evidences of 17 indebtedness have ceased to be officers of the district. 18 SECTION 453. IC 14-34-8-11 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The surface coal 20 mine reclamation bond pool committee is established. The committee 21 consists of the following: 22 (1) Five (5) members appointed by the director as follows: 23 (A) Three (3) members must represent a cross-section of coal 24 operators. 25 (B) One (1) member must be a member of the commission. 26 (C) One (1) member must be a representative of the public 27 with knowledge of reclamation performance guarantees. 28 (2) The director or the director's designee, who is a nonvoting 29 member. 30 (b) The term of each member is four (4) years beginning July 1. The 31 director may remove an appointed member for cause. 32 (c) The committee shall do the following: 33 (1) Annually elect a chairman. chairperson. 34 (2) Adopt rules for organization and procedure. 35 (d) Each member of the committee who is not a state employee is 36 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). 37 The member is also entitled to reimbursement for traveling expenses 38 and other expenses actually incurred in connection with the member's 39 duties as provided in the state travel policies and procedures 40 established by the Indiana department of administration and approved 41 by the budget agency. 42 (e) The committee shall, acting in an advisory capacity to the 2024 IN 1267—LS 6912/DI 92 260 1 director, do the following: 2 (1) Meet as necessary to perform duties under this chapter, but not 3 less than one (1) time each year, for the purpose of formulating 4 recommendations to the director concerning oversight of the 5 general operation of the bond pool. 6 (2) Review and make recommendations concerning the following: 7 (A) All proposed expenses from the bond pool. 8 (B) All applications for admission to the bond pool. 9 (f) The director shall report annually to the committee and to the 10 governor on the status of the bond pool. 11 SECTION 454. IC 15-19-2-3, AS ADDED BY P.L.2-2008, 12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 JULY 1, 2024]: Sec. 3. The Indiana standardbred advisory board 14 consists of seven (7) members selected as follows: 15 (1) The chairman chairperson of the Indiana horse racing 16 commission, or the chairman's chairperson's designee, is an ex 17 officio member. 18 (2) Two (2) members who are members of county fair boards 19 appointed by the governor. 20 (3) Four (4) members appointed by the governor who have in the 21 past participated or shown an interest in the standardbred 22 industry. This interest may, but does not necessarily have to be, 23 evidenced by virtue of being an owner, driver, veterinarian, 24 trainer, or breeder. 25 Not more than three (3) of the appointees under subdivisions (2) and 26 (3) may be of the same political party as the chairman chairperson of 27 the Indiana horse racing commission. 28 SECTION 455. IC 15-19-2-5, AS ADDED BY P.L.2-2008, 29 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 5. (a) The advisory board shall elect a chairperson, 31 a vice chairperson, a treasurer, and other officers the board considers 32 necessary. The chairman chairperson of the Indiana horse racing 33 commission serves as secretary and is entitled to vote on all matters. 34 (b) The records of the board shall be kept by the Indiana horse 35 racing commission. 36 (c) The office of the board must be at the same location as the 37 offices of the Indiana horse racing commission. 38 SECTION 456. IC 15-19-2-7, AS ADDED BY P.L.2-2008, 39 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2024]: Sec. 7. Board members, excluding the chairman 41 chairperson of the Indiana horse racing commission, are eligible to 42 receive a per diem on days the board is in session. 2024 IN 1267—LS 6912/DI 92 261 1 SECTION 457. IC 16-20-1-4 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The board of each 3 local health department shall, immediately after appointment, meet and 4 organize. The board shall elect a chairman, chairperson, vice 5 chairman, chairperson, and other officers the board considers 6 necessary. 7 SECTION 458. IC 16-20-2-14 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 14. At the first meeting 9 of a local board of health each year, the members shall elect a 10 chairman. chairperson. 11 SECTION 459. IC 16-20-2-15 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) Meetings may 13 be called by any of the following: 14 (1) The chairman. chairperson. 15 (2) Four (4) members of the local board of health. 16 (3) The local health officer. 17 (b) A majority of the members constitutes a quorum for the 18 transaction of business. 19 SECTION 460. IC 16-20-3-7 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. At the first meeting 21 of a multiple county board of health each year, the members shall elect 22 a chairman. chairperson. 23 SECTION 461. IC 16-20-3-8 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Meetings may be 25 called by any of the following: 26 (1) The chairman. chairperson. 27 (2) Four (4) members of the multiple county board of health. 28 (3) The local health officer. 29 (b) A majority of the members constitutes a quorum for the 30 transaction of business. 31 SECTION 462. IC 16-20-4-11 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. The board of each 33 full-time city health department shall, immediately after appointment, 34 meet and organize by electing a chairman, chairperson, vice chairman, 35 chairperson, and other officers the board considers necessary. 36 SECTION 463. IC 16-20-5-3 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. An area board of 38 health shall meet at the call of the chairman, chairperson, with the first 39 meeting to be held during the first month following the date of 40 establishment of the board. 41 SECTION 464. IC 16-20-5-4 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. At the first meeting 2024 IN 1267—LS 6912/DI 92 262 1 and annually thereafter, the area board of health shall elect a chairman 2 chairperson and a vice chairman. chairperson. One (1) of the health 3 officers shall be designated to serve as secretary. The county treasurer 4 member serves as treasurer of the board. 5 SECTION 465. IC 16-21-10-7, AS AMENDED BY P.L.108-2019, 6 SECTION 202, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The hospital assessment fee 8 committee is established. The committee consists of the following four 9 (4) voting members: 10 (1) The secretary of family and social services appointed under 11 IC 12-8-1.5-2 or the secretary's designee, who shall serve as the 12 chair of the committee. 13 (2) The budget director or the budget director's designee. 14 (3) Two (2) individuals appointed by the governor from a list of 15 at least four (4) individuals submitted by the Indiana Hospital 16 Association. 17 The committee members described in subdivision (3) serve at the 18 pleasure of the governor. If a vacancy occurs among the members 19 appointed under subdivision (3), the governor shall appoint a 20 replacement committee member from a list of at least two (2) 21 individuals submitted by the Indiana Hospital Association. 22 (b) The committee shall review any Medicaid state plan 23 amendments, waiver requests, or revisions to any Medicaid state plan 24 amendments or waiver requests, to implement or continue the 25 implementation of this chapter for the purpose of establishing favorable 26 review of the amendments, requests, and revisions by the United States 27 Department of Health and Human Services. The committee shall also 28 develop a disproportionate share payment plan or submit to the office 29 the default plan, if applicable, as set forth in IC 12-15-16-7.5 and 30 IC 12-15-16-7.7. 31 (c) The committee shall meet at the call of the chair. The members 32 serve without compensation. 33 (d) A quorum consists of at least three (3) members. An affirmative 34 vote of at least three (3) members of the committee is necessary to 35 approve Medicaid state plan amendments, waiver requests, revisions 36 to the Medicaid state plan or waiver requests, and the approvals and 37 other determinations required of the committee under IC 12-15-44.5 38 and section 13.3 of this chapter. 39 (e) The following apply to the approvals and any other 40 determinations required by the committee under IC 12-15-44.5 and 41 section 13.3 of this chapter: 42 (1) The committee shall be guided and subject to the intent of the 2024 IN 1267—LS 6912/DI 92 263 1 general assembly in the passage of IC 12-15-44.5 and section 13.3 2 of this chapter. 3 (2) The chair of the committee shall report any approval and other 4 determination by the committee to the budget committee. 5 (3) If, in taking action, the committee's vote is tied, the committee 6 shall follow the following procedure: 7 (A) The chair of the committee shall notify the chairman 8 chairperson of the budget committee of the tied vote and 9 provide a summary of that matter that was the subject of the 10 vote. 11 (B) The chairman chairperson of the budget committee shall 12 provide each committee member who voted an opportunity to 13 appear before the budget committee to present information and 14 materials to the budget committee concerning the matter that 15 was the subject of the tied vote. 16 (C) Following a presentation of the information and the 17 materials described in clause (B), the budget committee may 18 make recommendations to the committee concerning the 19 matter that was the subject of the tied vote. 20 SECTION 466. IC 16-22-2-9, AS AMENDED BY P.L.24-2016, 21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 9. (a) Each governing board member shall not 23 more than ten (10) days after appointment and before entering on 24 official duties take an oath to support the Constitution of the United 25 States and the Constitution of the State of Indiana and to faithfully 26 discharge the duties of office. The board shall adopt bylaws that 27 provide for the election of one (1) member as chairman, chairperson, 28 one (1) member as secretary, and other officers the board considers 29 necessary or advisable. 30 (b) The county treasurer of the county in which the hospital is 31 located shall be the treasurer of the governing board. Money in the 32 hospital fund shall be disbursed only on warrants issued by the county 33 auditor and countersigned by the county treasurer. However, the board, 34 with the approval of the county executive, may elect a treasurer who 35 shall also serve as the disbursing officer of the hospital. Checks drawn 36 by the treasurer must be countersigned by a person selected by the 37 board. Approval by the county executive for the board to elect a 38 treasurer is permanent, and the treasurer may not be a member of the 39 board. 40 (c) The executive director and all persons whose duty it is to handle 41 funds of the hospital must execute a corporate surety bond in an 42 amount and with conditions required by the board. If a treasurer is 2024 IN 1267—LS 6912/DI 92 264 1 elected by the board, the treasurer shall be separately bonded in an 2 amount fixed by the board but not less than twenty-five thousand 3 dollars ($25,000). The board may elect an assistant treasurer who may 4 not be a member of the board and who must be separately bonded in an 5 amount fixed by the board greater than twenty-five thousand dollars 6 ($25,000). The bond on all persons except the treasurer and assistant 7 treasurer may be a blanket corporate surety bond conditioned for the 8 faithful performance of duties. All bonds required by this subsection 9 must be approved by the board and filed with the county recorder. The 10 premiums shall be paid out of hospital funds. 11 (d) A majority of the members of the governing board constitutes a 12 quorum, and board action requires the affirmative vote of a majority of 13 those members present at a regular or special meeting of the board at 14 which a quorum is present. If a board member is absent from three (3) 15 consecutive regular board meetings or is absent from four (4) regular 16 board meetings during a year, upon recommendation by the board, the 17 member may be removed from office by the county executive and, 18 except as provided in section 7(b) of this chapter, the vacancy created 19 shall be filled as provided in section 11 of this chapter. 20 (e) Each board member shall be reimbursed for expenditures made 21 by the member in performing the duties of office, and an itemized 22 statement of expenses must be filed with the secretary and allowed by 23 the board. Each governing board member may receive annual 24 compensation not to exceed six thousand dollars ($6,000), with 25 compensation to be fixed by the board. The chair of the board may 26 receive additional compensation not to exceed one thousand two 27 hundred dollars ($1,200) annually, with compensation to be fixed by 28 the board. 29 (f) The governing board shall hold at least ten (10) regular meetings 30 each year, and special meetings of the board may be called at any time 31 by the chairman chairperson or two (2) members of the board. The 32 secretary of the board shall keep a complete record of all proceedings. 33 (g) A board member may receive group health and life insurance 34 benefits paid by the hospital. Health and life insurance benefits are not 35 considered compensation under subsection (e). 36 (h) A board member may attend meetings and seminars for the 37 benefit of the hospital, with the cost of the meetings and seminars paid 38 by the hospital. A payment made by the hospital under this subsection 39 to a board member is not considered compensation under subsection 40 (e). 41 SECTION 467. IC 16-31-2-5 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The commission may 2024 IN 1267—LS 6912/DI 92 265 1 meet as often as is necessary upon call of the chairman chairperson 2 but meetings shall be held at least four (4) times each year. 3 SECTION 468. IC 16-39-2-6, AS AMENDED BY P.L.137-2021, 4 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2024]: Sec. 6. (a) Without the consent of the patient, the 6 patient's mental health record may only be disclosed as follows: 7 (1) To individuals who meet the following conditions: 8 (A) Are employed by: 9 (i) the provider at the same facility or agency; 10 (ii) a managed care provider (as defined in IC 12-7-2-127); 11 or 12 (iii) a health care provider or mental health care provider, if 13 the mental health records are needed to provide health care 14 or mental health services to the patient. 15 (B) Are involved in the planning, provision, and monitoring of 16 services. 17 (2) To the extent necessary to obtain payment for services 18 rendered or other benefits to which the patient may be entitled, as 19 provided in IC 16-39-5-3. 20 (3) To the patient's court appointed counsel and to the Indiana 21 protection and advocacy services commission. 22 (4) For research conducted in accordance with IC 16-39-5-3 and 23 the rules of the division of mental health and addiction, the rules 24 of the division of disability and rehabilitative services, the rules 25 of the provider, or the rules of the Indiana archives and records 26 administration and the oversight committee on public records. 27 (5) To the division of mental health and addiction for the purpose 28 of data collection, research, and monitoring managed care 29 providers (as defined in IC 12-7-2-127) who are operating under 30 a contract with the division of mental health and addiction. 31 (6) To the extent necessary to make reports or give testimony 32 required by the statutes pertaining to admissions, transfers, 33 discharges, and guardianship proceedings. 34 (7) To a law enforcement agency if any of the following 35 conditions are met: 36 (A) A patient escapes from a facility to which the patient is 37 committed under IC 12-26. 38 (B) The superintendent of the facility determines that failure 39 to provide the information may result in bodily harm to the 40 patient or another individual. 41 (C) A patient commits or threatens to commit a crime on 42 facility premises or against facility personnel. 2024 IN 1267—LS 6912/DI 92 266 1 (D) A patient is in the custody of a law enforcement officer or 2 agency for any reason and: 3 (i) the information to be released is limited to medications 4 currently prescribed for the patient or to the patient's history 5 of adverse medication reactions; and 6 (ii) the provider determines that the release of the 7 medication information will assist in protecting the health, 8 safety, or welfare of the patient. 9 Mental health records released under this clause must be 10 maintained in confidence by the law enforcement agency 11 receiving them. 12 (8) To a coroner or medical examiner, in the performance of the 13 individual's duties. 14 (9) To a school in which the patient is enrolled if the 15 superintendent of the facility determines that the information will 16 assist the school in meeting educational needs of the patient. 17 (10) To the extent necessary to satisfy reporting requirements 18 under the following statutes: 19 (A) IC 12-10-3-10. 20 (B) IC 12-24-17-5. 21 (C) IC 16-41-2-3. 22 (D) IC 16-50-1-8. 23 (E) IC 31-25-3-2. 24 (F) IC 31-33-5-4. 25 (G) IC 34-30-16-2. 26 (H) IC 35-46-1-13. 27 (11) To the extent necessary to satisfy release of information 28 requirements under the following statutes: 29 (A) IC 12-24-11-2. 30 (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6. 31 (C) IC 12-26-11. 32 (12) To another health care provider in a health care emergency. 33 (13) For legitimate business purposes as described in 34 IC 16-39-5-3. 35 (14) Under a court order under IC 16-39-3. 36 (15) With respect to records from a mental health or 37 developmental disability facility, to the United States Secret 38 Service if the following conditions are met: 39 (A) The request does not apply to alcohol or drug abuse 40 records described in 42 U.S.C. 290dd-2 unless authorized by 41 a court order under 42 U.S.C. 290dd-2(b)(2)(c). 42 (B) The request relates to the United States Secret Service's 2024 IN 1267—LS 6912/DI 92 267 1 protective responsibility and investigative authority under 18 2 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879. 3 (C) The request specifies an individual patient. 4 (D) The director or superintendent of the facility determines 5 that disclosure of the mental health record may be necessary 6 to protect a person under the protection of the United States 7 Secret Service from serious bodily injury or death. 8 (E) The United States Secret Service agrees to only use the 9 mental health record information for investigative purposes 10 and not disclose the information publicly. 11 (F) The mental health record information disclosed to the 12 United States Secret Service includes only: 13 (i) the patient's name, age, and address; 14 (ii) the date of the patient's admission to or discharge from 15 the facility; and 16 (iii) any information that indicates whether or not the patient 17 has a history of violence or presents a danger to the person 18 under protection. 19 (16) To the statewide waiver ombudsman established under 20 IC 12-11-13, in the performance of the ombudsman's duties. 21 (b) If a licensed mental health professional, a licensed paramedic, 22 a representative of a mobile integrated healthcare program (as 23 described in IC 16-31-12), or a representative of a mental health 24 community paramedicine program in the course of rendering a 25 treatment intervention, determines that a patient may be a harm to 26 himself or herself the patient or others, the licensed mental health 27 professional, the licensed paramedic, the representative of the mobile 28 integrated healthcare program (as described in IC 16-31-12), or the 29 representative of the mental health community paramedicine program 30 may request a patient's individualized mental health safety plan from 31 a psychiatric crisis center, psychiatric inpatient unit, or psychiatric 32 residential treatment provider. Each psychiatric crisis center, 33 psychiatric inpatient unit, and psychiatric residential treatment provider 34 shall, upon request and without the consent of the patient, share a 35 patient's individualized mental health safety plan that is in the standard 36 format established by the division of mental health and addiction under 37 IC 12-21-5-6 with the following individuals who demonstrate proof of 38 licensure and commit to protecting the information in compliance with 39 state and federal privacy laws: 40 (1) A licensed mental health professional. 41 (2) A licensed paramedic. 42 (3) A representative of a mobile integrated healthcare program (as 2024 IN 1267—LS 6912/DI 92 268 1 described in IC 16-31-12). 2 (4) A representative of a mental health community paramedicine 3 program. 4 An individualized mental health safety plan disclosed under this 5 subsection may be used only to support a patient's welfare and safety 6 and is considered otherwise confidential information under applicable 7 state and federal laws. 8 (c) After information is disclosed under subsection (a)(15) and if the 9 patient is evaluated to be dangerous, the records shall be interpreted in 10 consultation with a licensed mental health professional on the staff of 11 the United States Secret Service. 12 (d) A person who discloses information under subsection (a)(7), 13 (a)(15), or (b) in good faith is immune from civil and criminal liability. 14 SECTION 469. IC 16-46-6-6 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The council shall 16 select a chairman chairperson from the membership annually. 17 SECTION 470. IC 20-23-6-3, AS AMENDED BY P.L.152-2021, 18 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 3. (a) If the governing bodies of at least two (2) 20 school corporations desire to consolidate school corporations, the 21 governing bodies may meet together and adopt a joint resolution 22 declaring intention to consolidate school corporations. The resolution 23 must set out the following information concerning the proposed 24 consolidation: 25 (1) The name of the proposed new school corporation. 26 (2) The number of members on the governing body and the 27 manner in which they shall be elected or appointed. 28 (A) If members are to be elected, the resolution must provide 29 for: 30 (i) the manner of the nomination of members; 31 (ii) who shall constitute the board of election 32 commissioners; 33 (iii) who shall appoint inspectors, judges, clerks, and 34 sheriffs; and 35 (iv) any other provisions desirable in facilitating the 36 election. 37 (B) Where applicable and not in conflict with the resolution, 38 the election is governed by the general election laws of 39 Indiana, including the registration laws. 40 (3) Limitations on residences, term of office, and other 41 qualifications required of the members of the governing body. A 42 resolution may not provide for an appointive or elective term of 2024 IN 1267—LS 6912/DI 92 269 1 more than four (4) years. A member may succeed himself or 2 herself serve successive terms in office. 3 (4) Names of present school corporations that are to be merged 4 together as a consolidated school corporation. 5 In addition, the resolution may specify the time when the consolidated 6 school corporation comes into existence. 7 (b) The number of members on the governing body as provided in 8 the resolution may not be less than three (3) or more than seven (7). 9 However, the joint resolution may provide for a board of nine (9) 10 members if the proposed consolidated school corporation is formed out 11 of two (2) or more school corporations that: 12 (1) have entered into an interlocal agreement to construct and 13 operate a joint high school; or 14 (2) are operating a joint high school that has an enrollment of at 15 least six hundred (600) in grades 9 through 12 at the time the joint 16 resolution is adopted. 17 (c) The members of the governing body shall, after adopting a joint 18 resolution, give notice by publication once each week for two (2) 19 consecutive weeks: 20 (1) with each notice by publication in a newspaper of general 21 circulation, if any, in each of the school corporations, or, if a 22 newspaper is not published in the school corporation, publication 23 shall be made in the nearest newspaper published in the county in 24 which the school corporation is located; or 25 (2) with the first publication of notice in the newspaper or 26 newspapers as provided in subdivision (1) and the second 27 publication of notice: 28 (A) in accordance with IC 5-3-5; and 29 (B) on the official web sites websites of each of the school 30 corporations. 31 (d) The governing bodies of school corporations shall hold a public 32 meeting one (1) week after the date of the appearance of the last 33 publication of notice of intention to consolidate. 34 (e) If a protest has not been filed, as provided in this chapter, the 35 governing bodies shall declare by joint resolution the consolidation of 36 the school corporations to be accomplished, to take effect as provided 37 in section 8 of this chapter. However, on or before the sixth day 38 following the last publication of the notice of intention to consolidate, 39 twenty percent (20%) of the legal voters residing in any school 40 corporation may petition the governing body of the school corporations 41 for an election to determine whether or not the majority of the voters 42 of the school corporation is in favor of consolidation. 2024 IN 1267—LS 6912/DI 92 270 1 SECTION 471. IC 20-23-8-8, AS AMENDED BY P.L.219-2013, 2 SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: Sec. 8. (a) A plan is subject to the following 4 limitations: 5 (1) A member of the governing body may not serve for a term of 6 more than four (4) years, but a member may succeed himself or 7 herself serve successive terms in office. This limitation does not 8 apply to members who hold over during an interim period to 9 effect a new plan awaiting the selection and qualification of a 10 member under the new plan. 11 (2) The plan, if the members are: 12 (A) to be elected, shall conform with one (1) of the types of 13 board organization permitted by IC 20-23-4-27; or 14 (B) appointed, shall conform with one (1) of the types 15 permitted by IC 20-23-4-28. 16 (3) The terms of the members of the governing body, either 17 elected to or taking office on or before the time the plan takes 18 effect, may not be shortened. The terms of the members taking 19 office under the plan may be shortened to make the plan workable 20 on a permanent basis. 21 (4) If the plan provides for electoral districts, where a member of 22 the governing body is elected solely by the voters of a single 23 district, the districts must be as near as practicable equal in 24 population. The districts shall be reapportioned and their 25 boundaries: 26 (A) changed, if necessary; or 27 (B) recertified, if changes are not necessary; 28 by resolution of the governing body not later than December 31 29 of the year next following the year in which a decennial census is 30 taken to preserve the equality of the governing body. 31 (5) The plan shall comply with the: 32 (A) Constitution of the State of Indiana; and 33 (B) Constitution of the United States; 34 including the equal protection clauses of both constitutions. 35 (6) The provisions of IC 20-23-4-26 through IC 20-23-4-33 36 relating to the board of trustees of a community school 37 corporation and to the community school corporation, including 38 provisions relating to powers of the board and corporation and 39 provisions relating to the mechanics of selection of the board, 40 where elected and where appointed, apply to a governing body set 41 up by a plan under this chapter and to the school corporation. 42 (b) The limitations set forth in this section do not have to be 2024 IN 1267—LS 6912/DI 92 271 1 specifically set forth in a plan but are a part of the plan. A plan shall be 2 construed, if possible, to comply with this chapter. If a provision of the 3 plan or an application of the plan violates this chapter, the invalidity 4 does not affect the other provisions or applications of the plan that can 5 be given effect without the invalid provision or application. The 6 provisions of a plan are severable. 7 SECTION 472. IC 20-27-9-10, AS ADDED BY P.L.1-2005, 8 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 10. (a) The governing body of a school 10 corporation may allow the use of a school bus for the transportation of 11 agricultural workers engaged in cultivating, producing, or harvesting 12 crops. 13 (b) A school bus used under this section may transport only the 14 school bus driver, a supervisor, or foreman, students, and enrolled 15 college or university students. 16 (c) When a school bus is used to transport agricultural workers, a 17 sign shall be displayed on the front and on the rear of the school bus. 18 The sign must carry the words "Agricultural Workers" in letters at least 19 four (4) inches in height. These signs may be removed or covered 20 whenever the school bus is not being used to transport agricultural 21 workers. 22 (d) Notwithstanding any other provision of this article or IC 9, if a 23 school bus: 24 (1) is: 25 (A) registered as a school bus; and 26 (B) in compliance with all safety and equipment related 27 requirements for a school bus; 28 in a state other than Indiana; 29 (2) while in Indiana is used solely to transport agricultural 30 workers employed to detassel corn; and 31 (3) is operated in accordance with subsection (e); 32 the out-of-state school bus may be operated for not more than sixty (60) 33 days in a calendar year in Indiana without meeting the inspection and 34 safety requirements of this article. 35 (e) Before operating a school bus described in subsection (d), an 36 individual must: 37 (1) be licensed to operate a school bus in: 38 (A) the state in which the school bus is registered; or 39 (B) Indiana; and 40 (2) annually give written notice to the committee at least ten (10) 41 days before the school bus is operated in Indiana of the: 42 (A) jurisdiction in which the school bus has been registered 2024 IN 1267—LS 6912/DI 92 272 1 and inspected for safety and equipment related requirements; 2 (B) approximate dates that the school bus will be operated in 3 Indiana; and 4 (C) license plate number of the school bus. 5 SECTION 473. IC 20-33-2-15, AS ADDED BY P.L.1-2005, 6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 15. (a) The governing body of a school 8 corporation and the chief administrative official of a nonpublic 9 secondary school system shall authorize the absence and excuse of 10 each secondary school student who serves: 11 (1) on the precinct election board; or 12 (2) as a helper to a political candidate or to a political party on the 13 date of each general, city or town, special, and primary election 14 at which the student works. 15 (b) Before the date of the election, the student must submit a 16 document signed by one (1) of the student's parents giving permission 17 to participate in the election as provided in this section, and the student 18 must verify to school authorities the performance of services by 19 submitting a document signed by the candidate, political party 20 chairman, chairperson, campaign manager, or precinct officer 21 generally describing the duties of the student on the date of the 22 election. A student excused from school attendance under this section 23 may not be recorded as being absent on any date for which the excuse 24 is operative and may not be penalized by the school in any manner. 25 SECTION 474. IC 20-36-4-5, AS AMENDED BY P.L.43-2021, 26 SECTION 120, IS AMENDED TO READ AS FOLLOWS 27 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) An advisory board for the 28 academy is established. 29 (b) Fifteen (15) members shall be appointed to the advisory board 30 as follows: 31 (1) The secretary of education as an ex officio member. 32 (2) The chairman chairperson of the curriculum committee of the 33 state board as an ex officio member. 34 (3) The commissioner of the commission for higher education as 35 an ex officio member. 36 (4) Seven (7) members appointed by the secretary of education as 37 follows: 38 (A) Two (2) members who are classroom teachers. 39 (B) Two (2) members who are public school administrators. 40 (C) One (1) member who represents the parents of public 41 school students. 42 (D) Two (2) members who are former students of the academy. 2024 IN 1267—LS 6912/DI 92 273 1 (5) Five (5) members appointed by the governor as follows: 2 (A) Two (2) representatives from state educational institutions. 3 (B) One (1) representative from a private postsecondary 4 educational institution in Indiana. 5 (C) Two (2) individuals representing business and industry. 6 (c) At the expiration of the terms of the initial appointees, their 7 successors shall be appointed to four (4) year terms beginning on July 8 1 in the year of their appointments. A member may be reappointed to 9 the advisory board. 10 (d) A vacancy in any appointive term under this section shall be 11 filled for the unexpired part of the term by appointment of the officer 12 who appointed the person creating the vacancy. 13 (e) On July 1 of each year, the secretary of education shall designate 14 a member to serve as chairperson. The advisory board shall elect other 15 officers annually to serve terms from July 1 through June 30. 16 (f) An advisory board member is not entitled to the minimum salary 17 per diem as provided in IC 4-10-11-2.1(b) while performing the 18 member's duties. A member is entitled to reimbursement for traveling 19 expenses and other expenses actually incurred in connection with the 20 member's duties, as provided in the state travel policies and procedures 21 established by the Indiana department of administration and approved 22 by the budget agency. 23 (g) The chairperson shall call the meetings of the advisory board. 24 (h) A majority of the advisory board constitutes a quorum for the 25 purpose of doing business. 26 SECTION 475. IC 21-9-4-1, AS AMENDED BY P.L.43-2021, 27 SECTION 139, IS AMENDED TO READ AS FOLLOWS 28 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The board of directors of the 29 authority is established. The board consists of the following: 30 (1) The following four (4) ex officio members or directors: 31 (A) The treasurer of state. 32 (B) The secretary of education. 33 (C) The Indiana commissioner for higher education. 34 (D) The budget director. 35 (2) Five (5) appointed members or directors who: 36 (A) are appointed by the governor; and 37 (B) have knowledge, skill, and experience in academic, 38 business, financial, or education fields. 39 (b) During a member's term of service on the board, an appointed 40 member of the board may not be an official or employee of the state. 41 (c) Not more than three (3) of the appointed members of the board 42 may belong to the same political party. 2024 IN 1267—LS 6912/DI 92 274 1 (d) An appointed member serves a four (4) year term. An appointed 2 member shall hold over after the expiration of the member's term until 3 the member's successor is appointed and qualified. 4 (e) The governor may reappoint an appointed member of the board. 5 (f) A vacancy shall be filled for the balance of an unexpired term in 6 the same manner as the original appointment. 7 (g) The treasurer of state shall serve as chairman chairperson of the 8 board. The board shall annually elect one (1) of its ex officio members 9 as vice chairman, chairperson, and may elect any other officer that the 10 board desires. 11 (h) The governor may remove an appointed member for 12 misfeasance, malfeasance, willful neglect of duty, or other cause after 13 notice and a public hearing, unless the member expressly waives the 14 notice and hearing in writing. 15 SECTION 476. IC 21-9-4-5, AS AMENDED BY P.L.134-2012, 16 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2024]: Sec. 5. (a) Five (5) members of the board are a quorum 18 for: 19 (1) the transaction of business at a meeting of the board; or 20 (2) the exercise of a power or function of the authority. 21 (b) The affirmative vote of a majority of all the members of the 22 board who are present is necessary for the authority to take action. A 23 vacancy in the membership of the board does not impair the right of a 24 quorum to exercise all the rights and perform all the duties of the 25 authority. An action taken by the board under this article may be 26 authorized by: 27 (1) resolution at any regular or special meeting; or 28 (2) unanimous consent of all the members who have not 29 abstained. 30 A resolution takes effect immediately upon adoption and need not be 31 published or posted. 32 (c) The board shall meet at the call of the chairman chairperson 33 and as provided in the bylaws of the authority. 34 (d) Meetings of the board may be held anywhere in Indiana. 35 SECTION 477. IC 21-9-4-11 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Before the adoption 37 and implementation of any education savings program, the: 38 (1) chairman; chairperson; 39 (2) vice chairman; chairperson; 40 (3) manager; and 41 (4) any officer elected by the authority or member of the authority 42 authorized by resolution to handle funds or sign checks; 2024 IN 1267—LS 6912/DI 92 275 1 shall execute a surety bond in the penal sum of one hundred thousand 2 dollars ($100,000). The surety bond shall be conditioned upon the 3 faithful performance of the duties of the office of the principal and 4 shall be executed by a surety company authorized to transact business 5 in Indiana. The authority shall pay the cost of the bonds. 6 SECTION 478. IC 21-18-4-1, AS ADDED BY P.L.2-2007, 7 SECTION 259, IS AMENDED TO READ AS FOLLOWS 8 [EFFECTIVE JULY 1, 2024]: Sec. 1. The commission shall elect from 9 its membership: 10 (1) a chairman; chairperson; 11 (2) a vice chairman; chairperson; and 12 (3) other necessary officers. 13 SECTION 479. IC 21-22-4-1, AS ADDED BY P.L.2-2007, 14 SECTION 263, IS AMENDED TO READ AS FOLLOWS 15 [EFFECTIVE JULY 1, 2024]: Sec. 1. The members of the state board 16 of trustees shall elect from their own number a chairman chairperson 17 and a vice chairman. chairperson. 18 SECTION 480. IC 21-22-5-2, AS AMENDED BY P.L.169-2007, 19 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2024]: Sec. 2. The state board of trustees shall meet regularly 21 at least four (4) times a year and at other times upon call by its 22 chairman. chairperson. 23 SECTION 481. IC 21-44-5-2, AS AMENDED BY P.L.56-2023, 24 SECTION 202, IS AMENDED TO READ AS FOLLOWS 25 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board consists of the 26 following members: 27 (1) The dean of the Indiana University School of Medicine, who 28 serves as an ex officio member of the board. The dean of the 29 Indiana University School of Medicine shall serve as the 30 chairman chairperson of the board. 31 (2) The commissioner of the Indiana department of health, who 32 serves as an ex officio member of the board. 33 (3) Five (5) members appointed by the governor as follows: 34 (A) One (1) member appointed by the governor who is a 35 director of medical education of an Indiana hospital not owned 36 or operated by Indiana University. 37 (B) One (1) member who: 38 (i) is a hospital administrator in a hospital not owned or 39 operated by Indiana University; and 40 (ii) is not the hospital administrator for the hospital that 41 employs the member appointed under clause (A). 42 (C) One (1) member who: 2024 IN 1267—LS 6912/DI 92 276 1 (i) is a citizen of Indiana; and 2 (ii) is not a physician and not a hospital administrator. 3 (D) Two (2) members who are physicians holding unlimited 4 licenses to practice medicine in Indiana. The two (2) 5 physicians appointed under this subdivision may not be 6 directors of medical education. One (1) of the members 7 appointed under this subdivision must practice in the specialty 8 of family practice. 9 (b) The terms of the five (5) members appointed to the board by the 10 governor are for three (3) years beginning January 1 of the year of 11 appointment and continuing until the member's successor is appointed 12 and qualified. If a membership on the board becomes vacant before the 13 expiration of the term, the governor shall appoint a replacement with 14 the same representative status to fill the unexpired term. 15 SECTION 482. IC 22-2-2-9 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Any employer who 17 violates the provisions of section 4 of this chapter shall be liable to the 18 employee or employees affected in the amount of their unpaid 19 minimum wages and in an equal additional amount as liquidated 20 damages. Action to recover such liability may be maintained within 21 three (3) years after the cause of action therefor arises in the circuit or 22 superior court of the county in which the services out of which the 23 claim arises were performed or in which the defendant resides or 24 transacts business. Such action may be brought by any one (1) or more 25 employees for and on behalf of himself or themselves the employee or 26 employees and all other employees of the same employer who are 27 similarly situated. No employee shall be a party plaintiff to any such 28 action unless he that employee gives his consent in writing to become 29 such a party and such consent is filed in the court in which such action 30 is brought. The court in such action shall, in addition to any judgment 31 awarded to the plaintiffs, allow recovery of a reasonable attorney's fee 32 and costs of the action. No contract or agreement between the 33 employee and the employer nor any acceptance of a lesser wage by the 34 employee shall be a defense to the action. 35 SECTION 483. IC 22-2-9-4 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) It shall be the 37 duty of the commissioner of labor to enforce and to insure compliance 38 with the provisions of this chapter, to investigate any violations of any 39 of the provisions of this chapter, and to institute or cause to be 40 instituted actions for penalties and forfeitures provided under this 41 chapter. The commissioner of labor may hold hearings to satisfy 42 himself as to the justice of any claim, and he the commissioner shall 2024 IN 1267—LS 6912/DI 92 277 1 cooperate with any employee in the enforcement of any claim against 2 his the employee's employer in any case whenever, in his the 3 commissioner's opinion, the claim is just and valid. 4 (b) The commissioner of labor may refer claims for wages under 5 this chapter to the attorney general, and the attorney general may 6 initiate civil actions on behalf of the claimant or may refer the claim to 7 any attorney admitted to the practice of law in Indiana. The provisions 8 of IC 22-2-5-2 apply to civil actions initiated under this subsection by 9 the attorney general or his the attorney general's designee. 10 SECTION 484. IC 22-3-1-1, AS AMENDED BY P.L.168-2011, 11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2024]: Sec. 1. (a) There is hereby created the worker's 13 compensation board of Indiana, which shall consist of seven (7) 14 members, not more than four (4) of whom shall belong to the same 15 political party, appointed by the governor, one (1) of whom the 16 governor shall designate as chairman. chairperson. All members of the 17 board shall be attorneys in good standing admitted to the practice of 18 law in Indiana. 19 (b) Each member of said board shall hold office for four (4) years 20 and until the member's successor is appointed and qualified. 21 (c) No member of the board shall hold any other position of trust or 22 profit or engage in any occupation or business interfering with or 23 inconsistent with the discharge of the member's duties. 24 (d) Any member of said board may be removed by the governor at 25 any time for incompetency, neglect of duty, misconduct in office, or 26 other good cause to be stated in writing in the order of removal. In case 27 of a vacancy in the membership of the said board, the governor shall 28 appoint for the unexpired term. 29 (e) The budget agency, with the approval of the governor, shall 30 approve the salaries of the members of the board and the secretary. 31 (f) The board may appoint an executive administrator and may 32 remove the executive administrator. The executive administrator shall 33 have authority to administer oaths and issue subpoenas in connection 34 with the administration of IC 22-3-2 through IC 22-3-7. 35 (g) The board, subject to the approval of the governor, may employ 36 and fix the compensations of such clerical and other assistants as it may 37 deem necessary. 38 (h) The members of the board and its assistants shall be entitled to 39 receive from the state their actual and necessary expenses while 40 traveling on the business of the board, but such expenses shall be 41 approved by the chairman chairperson of the board before payment is 42 made. 2024 IN 1267—LS 6912/DI 92 278 1 (i) All salaries and expenses of the board shall be audited and paid 2 out of the state treasury in the manner prescribed for similar expenses 3 in other departments or branches of the state service. 4 SECTION 485. IC 22-3-2-2, AS AMENDED BY P.L.134-2006, 5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 2. (a) Every employer and every employee, except 7 as stated in IC 22-3-2 through IC 22-3-6, shall comply with the 8 provisions of IC 22-3-2 through IC 22-3-6 respectively to pay and 9 accept compensation for personal injury or death by accident arising 10 out of and in the course of the employment, and shall be bound thereby. 11 The burden of proof is on the employee. The proof by the employee of 12 an element of a claim does not create a presumption in favor of the 13 employee with regard to another element of the claim. 14 (b) IC 22-3-2 through IC 22-3-6 does not apply to railroad 15 employees engaged in train service as: 16 (1) engineers; 17 (2) firemen; stokers; 18 (3) conductors; 19 (4) brakemen; brake persons; 20 (5) flagmen; flaggers; 21 (6) baggagemen; baggage handlers; or 22 (7) foremen supervisors in charge of yard engines and helpers 23 assigned thereto. 24 (c) IC 22-3-2 through IC 22-3-6 does not apply to employees of 25 municipal corporations in Indiana who are members of: 26 (1) the fire department or police department of any such 27 municipality; and 28 (2) a firefighters' pension fund or of a police officers' pension 29 fund. 30 However, if the common council elects to purchase and procure 31 worker's compensation insurance to insure said employees with respect 32 to medical benefits under IC 22-3-2 through IC 22-3-6, the medical 33 provisions of IC 22-3-2 through IC 22-3-6 apply to members of the fire 34 department or police department of any such municipal corporation 35 who are also members of a firefighters' pension fund or a police 36 officers' pension fund. 37 (d) IC 22-3-2 through IC 22-3-6 do not apply to the following: 38 (1) A person who enters into an independent contractor agreement 39 with a nonprofit corporation that is recognized as tax exempt 40 under Section 501(c)(3) of the Internal Revenue Code (as defined 41 in IC 6-3-1-11(a)) to perform youth coaching services on a 42 part-time basis. 2024 IN 1267—LS 6912/DI 92 279 1 (2) A nonprofit corporation that is recognized as tax exempt under 2 Section 501(c)(3) of the Internal Revenue Code (as defined in 3 IC 6-3-1-11(a)) to the extent the corporation enters into an 4 independent contractor agreement with a person for the 5 performance of youth coaching services on a part-time basis. 6 (e) When any municipal corporation purchases or procures worker's 7 compensation insurance covering members of the fire department or 8 police department who are also members of a firefighters' pension fund 9 or a police officers' pension fund, and pays the premium or premiums 10 for such insurance, the payment of such premiums is a legal and 11 allowable expenditure of funds of any municipal corporation. 12 (f) Except as provided in subsection (g), where the common council 13 has procured worker's compensation insurance under this section, any 14 member of such fire department or police department employed in the 15 city carrying such worker's compensation insurance under this section 16 is limited to recovery of medical and surgical care, medicines, 17 laboratory, curative and palliative agents and means, x-ray, diagnostic 18 and therapeutic services to the extent that such services are provided 19 for in the worker's compensation policy procured by such city, and shall 20 not also recover in addition to that policy for such same benefits 21 provided in IC 36-8-4. 22 (g) If the medical benefits provided under a worker's compensation 23 policy procured by the common council terminate for any reason before 24 the police officer or firefighter is fully recovered, the common council 25 shall provide medical benefits that are necessary until the police officer 26 or firefighter is no longer in need of medical care. 27 (h) The provisions of IC 22-3-2 through IC 22-3-6 apply to: 28 (1) members of the Indiana general assembly; and 29 (2) field examiners of the state board of accounts. 30 SECTION 486. IC 22-3-3-2 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. The notice provided 32 for in the preceding section shall state the name and address of the 33 employee, the time, place, nature and cause of the injury or death, and 34 shall be signed by the injured employee or by some one in his behalf or 35 by one (1) or more of the dependents, in case of death, or by some 36 person in their behalf. Said notice may be served personally upon the 37 employer, or upon any foreman, supervisor, superintendent or 38 manager of the employer to whose orders the injured or deceased 39 employee was required to conform or upon any agent of the employer 40 upon whom a summons in a civil action may be served under the laws 41 of the state, or may be sent to the employer by registered letter, 42 addressed to his last known residence or place of business. 2024 IN 1267—LS 6912/DI 92 280 1 SECTION 487. IC 22-3-7-9, AS AMENDED BY P.L.160-2022, 2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2024]: Sec. 9. (a) As used in this chapter, "employer" includes 4 the state and any political subdivision, any municipal corporation 5 within the state, any individual or the legal representative of a deceased 6 individual, firm, association, limited liability company, limited liability 7 partnership, or corporation or the receiver or trustee of the same, using 8 the services of another for pay. A corporation, limited liability 9 company, or limited liability partnership that controls the activities of 10 another corporation, limited liability company, or limited liability 11 partnership, or a corporation and a limited liability company or a 12 corporation and a limited liability partnership that are commonly 13 owned entities, or the controlled corporation, limited liability company, 14 limited liability partnership, or commonly owned entities, and a parent 15 corporation and its subsidiaries shall each be considered joint 16 employers of the corporation's, the controlled corporation's, the limited 17 liability company's, the limited liability partnership's, the commonly 18 owned entities', the parent's, or the subsidiaries' employees for purposes 19 of sections 6 and 33 of this chapter. Both a lessor and a lessee of 20 employees shall each be considered joint employers of the employees 21 provided by the lessor to the lessee for purposes of sections 6 and 33 22 of this chapter. The term also includes an employer that provides 23 on-the-job training under the federal School to Work Opportunities Act 24 (20 U.S.C. 6101 et seq.) to the extent set forth under section 2.5 of this 25 chapter. If the employer is insured, the term includes the employer's 26 insurer so far as applicable. However, the inclusion of an employer's 27 insurer within this definition does not allow an employer's insurer to 28 avoid payment for services rendered to an employee with the approval 29 of the employer. The term does not include a nonprofit corporation that 30 is recognized as tax exempt under Section 501(c)(3) of the Internal 31 Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the 32 corporation enters into an independent contractor agreement with a 33 person for the performance of youth coaching services on a part-time 34 basis. 35 (b) As used in this chapter, "employee" means every person, 36 including a minor, in the service of another, under any contract of hire 37 or apprenticeship written or implied, except one whose employment is 38 both casual and not in the usual course of the trade, business, 39 occupation, or profession of the employer. For purposes of this chapter 40 the following apply: 41 (1) Any reference to an employee who has suffered disablement, 42 when the employee is dead, also includes the employee's legal 2024 IN 1267—LS 6912/DI 92 281 1 representative, dependents, and other persons to whom 2 compensation may be payable. 3 (2) An owner of a sole proprietorship may elect to include the 4 owner as an employee under this chapter if the owner is actually 5 engaged in the proprietorship business. If the owner makes this 6 election, the owner must serve upon the owner's insurance carrier 7 and upon the board written notice of the election. No owner of a 8 sole proprietorship may be considered an employee under this 9 chapter unless the notice has been received. If the owner of a sole 10 proprietorship: 11 (A) is an independent contractor in the construction trades and 12 does not make the election provided under this subdivision, 13 the owner must obtain a certificate of exemption under section 14 34.5 of this chapter; or 15 (B) is an independent contractor and does not make the 16 election provided under this subdivision, the owner may obtain 17 a certificate of exemption under section 34.5 of this chapter. 18 (3) A partner in a partnership may elect to include the partner as 19 an employee under this chapter if the partner is actually engaged 20 in the partnership business. If a partner makes this election, the 21 partner must serve upon the partner's insurance carrier and upon 22 the board written notice of the election. No partner may be 23 considered an employee under this chapter until the notice has 24 been received. If a partner in a partnership: 25 (A) is an independent contractor in the construction trades and 26 does not make the election provided under this subdivision, 27 the partner must obtain a certificate of exemption under 28 section 34.5 of this chapter; or 29 (B) is an independent contractor and does not make the 30 election provided under this subdivision, the partner may 31 obtain a certificate of exemption under section 34.5 of this 32 chapter. 33 (4) Real estate professionals are not employees under this chapter 34 if: 35 (A) they are licensed real estate agents; 36 (B) substantially all their remuneration is directly related to 37 sales volume and not the number of hours worked; and 38 (C) they have written agreements with real estate brokers 39 stating that they are not to be treated as employees for tax 40 purposes. 41 (5) A person is an independent contractor in the construction 42 trades and not an employee under this chapter if the person is an 2024 IN 1267—LS 6912/DI 92 282 1 independent contractor under the guidelines of the United States 2 Internal Revenue Service. 3 (6) An owner-operator that provides a motor vehicle and the 4 services of a driver under a written contract that is subject to 5 IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor 6 carrier is not an employee of the motor carrier for purposes of this 7 chapter. The owner-operator may elect to be covered and have the 8 owner-operator's drivers covered under a worker's compensation 9 insurance policy or authorized self-insurance that insures the 10 motor carrier if the owner-operator pays the premiums as 11 requested by the motor carrier. An election by an owner-operator 12 under this subdivision does not terminate the independent 13 contractor status of the owner-operator for any purpose other than 14 the purpose of this subdivision. 15 (7) An unpaid participant under the federal School to Work 16 Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the 17 extent set forth under section 2.5 of this chapter. 18 (8) A person who enters into an independent contractor agreement 19 with a nonprofit corporation that is recognized as tax exempt 20 under Section 501(c)(3) of the Internal Revenue Code (as defined 21 in IC 6-3-1-11(a)) to perform youth coaching services on a 22 part-time basis is not an employee for purposes of this chapter. 23 (9) An officer of a corporation who is an employee of the 24 corporation under this chapter may elect not to be an employee of 25 the corporation under this chapter. An officer of a corporation 26 who is also an owner of any interest in the corporation may elect 27 not to be an employee of the corporation under this chapter. If an 28 officer makes this election, the officer must serve written notice 29 of the election on the corporation's insurance carrier and the 30 board. An officer of a corporation may not be considered to be 31 excluded as an employee under this chapter until the notice is 32 received by the insurance carrier and the board. 33 (10) An individual who is not an employee of the state or a 34 political subdivision is considered to be a temporary employee of 35 the state for purposes of this chapter while serving as a member 36 of a mobile support unit on duty for training, an exercise, or a 37 response, as set forth in IC 10-14-3-19(c)(2)(B). 38 (c) As used in this chapter, "minor" means an individual who has 39 not reached seventeen (17) years of age. A minor employee shall be 40 considered as being of full age for all purposes of this chapter. 41 However, if the employee is a minor who, at the time of the last 42 exposure, is employed, required, suffered, or permitted to work in 2024 IN 1267—LS 6912/DI 92 283 1 violation of the employment of minors laws of this state, the amount of 2 compensation and death benefits, as provided in this chapter, shall be 3 double the amount which would otherwise be recoverable. The 4 insurance carrier shall be liable on its policy for one-half (1/2) of the 5 compensation or benefits that may be payable on account of the 6 disability or death of the minor, and the employer shall be wholly liable 7 for the other one-half (1/2) of the compensation or benefits. If the 8 employee is a minor who is not less than sixteen (16) years of age and 9 who has not reached seventeen (17) years of age, and who at the time 10 of the last exposure is employed, suffered, or permitted to work at any 11 occupation which is not prohibited by law, the provisions of this 12 subsection prescribing double the amount otherwise recoverable do not 13 apply. The rights and remedies granted to a minor under this chapter on 14 account of disease shall exclude all rights and remedies of the minor, 15 the minor's parents, the minor's personal representatives, dependents, 16 or next of kin at common law, statutory or otherwise, on account of any 17 disease. 18 (d) This chapter does not apply to casual laborers as defined in 19 subsection (b), nor to farm or agricultural employees, nor to household 20 employees, nor to railroad employees engaged in train service as 21 engineers, firemen, stokers, conductors, brakemen, flagmen, 22 baggagemen, or foremen brake persons, flaggers, baggage handlers, 23 or supervisors in charge of yard engines and helpers assigned thereto, 24 nor to their employers with respect to these employees. Also, this 25 chapter does not apply to employees or their employers with respect to 26 employments in which the laws of the United States provide for 27 compensation or liability for injury to the health, disability, or death by 28 reason of diseases suffered by these employees. 29 (e) As used in this chapter, "disablement" means the event of 30 becoming disabled from earning full wages at the work in which the 31 employee was engaged when last exposed to the hazards of the 32 occupational disease by the employer from whom the employee claims 33 compensation or equal wages in other suitable employment, and 34 "disability" means the state of being so incapacitated. 35 (f) For the purposes of this chapter, no compensation shall be 36 payable for or on account of any occupational diseases unless 37 disablement, as defined in subsection (e), occurs within two (2) years 38 after the last day of the last exposure to the hazards of the disease 39 except for the following: 40 (1) In all cases of occupational diseases caused by the inhalation 41 of silica dust or coal dust, no compensation shall be payable 42 unless disablement, as defined in subsection (e), occurs within 2024 IN 1267—LS 6912/DI 92 284 1 three (3) years after the last day of the last exposure to the hazards 2 of the disease. 3 (2) In all cases of occupational disease caused by the exposure to 4 radiation, no compensation shall be payable unless disablement, 5 as defined in subsection (e), occurs within two (2) years from the 6 date on which the employee had knowledge of the nature of the 7 employee's occupational disease or, by exercise of reasonable 8 diligence, should have known of the existence of such disease and 9 its causal relationship to the employee's employment. 10 (3) In all cases of occupational diseases caused by the inhalation 11 of asbestos dust, no compensation shall be payable unless 12 disablement, as defined in subsection (e), occurs within three (3) 13 years after the last day of the last exposure to the hazards of the 14 disease if the last day of the last exposure was before July 1, 1985. 15 (4) In all cases of occupational disease caused by the inhalation 16 of asbestos dust in which the last date of the last exposure occurs 17 on or after July 1, 1985, and before July 1, 1988, no compensation 18 shall be payable unless disablement, as defined in subsection (e), 19 occurs within twenty (20) years after the last day of the last 20 exposure. 21 (5) In all cases of occupational disease caused by the inhalation 22 of asbestos dust in which the last date of the last exposure occurs 23 on or after July 1, 1988, no compensation shall be payable unless 24 disablement (as defined in subsection (e)) occurs within 25 thirty-five (35) years after the last day of the last exposure. 26 (g) For the purposes of this chapter, no compensation shall be 27 payable for or on account of death resulting from any occupational 28 disease unless death occurs within two (2) years after the date of 29 disablement. However, this subsection does not bar compensation for 30 death: 31 (1) where death occurs during the pendency of a claim filed by an 32 employee within two (2) years after the date of disablement and 33 which claim has not resulted in a decision or has resulted in a 34 decision which is in process of review or appeal; or 35 (2) where, by agreement filed or decision rendered, a 36 compensable period of disability has been fixed and death occurs 37 within two (2) years after the end of such fixed period, but in no 38 event later than three hundred (300) weeks after the date of 39 disablement. 40 (h) As used in this chapter, "billing review service" refers to a 41 person or an entity that reviews a medical service provider's bills or 42 statements for the purpose of determining pecuniary liability. The term 2024 IN 1267—LS 6912/DI 92 285 1 includes an employer's worker's compensation insurance carrier if the 2 insurance carrier performs such a review. 3 (i) As used in this chapter, "billing review standard" means the data 4 used by a billing review service to determine pecuniary liability. 5 (j) As used in this chapter, "community" means a geographic service 6 area based on ZIP code districts defined by the United States Postal 7 Service according to the following groupings: 8 (1) The geographic service area served by ZIP codes with the first 9 three (3) digits 463 and 464. 10 (2) The geographic service area served by ZIP codes with the first 11 three (3) digits 465 and 466. 12 (3) The geographic service area served by ZIP codes with the first 13 three (3) digits 467 and 468. 14 (4) The geographic service area served by ZIP codes with the first 15 three (3) digits 469 and 479. 16 (5) The geographic service area served by ZIP codes with the first 17 three (3) digits 460, 461 (except 46107), and 473. 18 (6) The geographic service area served by the 46107 ZIP code and 19 ZIP codes with the first three (3) digits 462. 20 (7) The geographic service area served by ZIP codes with the first 21 three (3) digits 470, 471, 472, 474, and 478. 22 (8) The geographic service area served by ZIP codes with the first 23 three (3) digits 475, 476, and 477. 24 (k) As used in this chapter, "medical service provider" refers to a 25 person or an entity that provides services or products to an employee 26 under this chapter. Except as otherwise provided in this chapter, the 27 term includes a medical service facility. 28 (l) As used in this chapter, "medical service facility" means any of 29 the following that provides a service or product under this chapter and 30 uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500) 31 form for Medicare reimbursement: 32 (1) An ambulatory outpatient surgical center (as defined in 33 IC 16-18-2-14). 34 (2) A hospital (as defined in IC 16-18-2-179). 35 (3) A hospital based health facility (as defined in 36 IC 16-18-2-180). 37 (4) A medical center (as defined in IC 16-18-2-223.4). 38 (m) As used in this chapter, "pecuniary liability" means the 39 responsibility of an employer or the employer's insurance carrier for the 40 payment of the charges for each specific service or product for human 41 medical treatment provided under this chapter as follows: 42 (1) This subdivision applies before July 1, 2014, to all medical 2024 IN 1267—LS 6912/DI 92 286 1 service providers, and after June 30, 2014, to a medical service 2 provider that is not a medical service facility. Payment of the 3 charges in a defined community, equal to or less than the charges 4 made by medical service providers at the eightieth percentile in 5 the same community for like services or products. 6 (2) Payment of the charges in a reasonable amount, which is 7 established by payment of one (1) of the following: 8 (A) The amount negotiated at any time between the medical 9 service facility and any of the following, if an amount has been 10 negotiated: 11 (i) The employer. 12 (ii) The employer's insurance carrier. 13 (iii) A billing review service on behalf of a person described 14 in item (i) or (ii). 15 (iv) A direct provider network that has contracted with a 16 person described in item (i) or (ii). 17 (B) Two hundred percent (200%) of the amount that would be 18 paid to the medical service facility on the same date for the 19 same service or product under the medical service facility's 20 Medicare reimbursement rate, if, after conducting the 21 negotiations described in clause (A), an agreement has not 22 been reached. 23 (n) "Service or product" or "services and products" refers to 24 medical, hospital, surgical, or nursing service, treatment, and supplies 25 provided under this chapter. 26 SECTION 488. IC 22-3-7-22 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) The members 28 of the board and its assistants shall be entitled to receive from the state 29 their actual and necessary expenses while traveling on the business of 30 the board, but such expenses shall be sworn to by the person who 31 incurred the same, and shall be approved by the chairman chairperson 32 of the board before payment is made. All expenses of the board in 33 connection with this chapter shall be audited and paid out of the state 34 treasury in the manner prescribed for similar expenses in other 35 departments or branches of the state service. 36 (b) The board shall be provided with adequate offices in the capitol 37 or some other suitable building in the city of Indianapolis in which the 38 records shall be kept and its official business be transacted during 39 regular business hours. It shall also be provided with necessary office 40 furniture, stationery, and other supplies. The board or any member 41 thereof may hold sessions at any place within the state as may be 42 deemed necessary. 2024 IN 1267—LS 6912/DI 92 287 1 SECTION 489. IC 22-3-7-32, AS AMENDED BY P.L.99-2007, 2 SECTION 184, IS AMENDED TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2024]: Sec. 32. (a) No proceedings for 4 compensation under this chapter shall be maintained unless notice has 5 been given to the employer of disablement arising from an occupational 6 disease as soon as practicable after the date of disablement. No defect 7 or inaccuracy of such notices shall be a bar to compensation unless the 8 employer proves that he the employer is unduly prejudiced in such 9 proceedings by such defect or inaccuracy. 10 (b) The notice provided for in subsection (a) shall state the name 11 and address of the employee and the nature and cause of the 12 occupational disease and disablement or death therefrom, and shall be 13 signed by the employee with a disability or by someone in the 14 employee's behalf, or by one (1) or more of the dependents, in case of 15 death, or by some person in their behalf. Such notice may be served 16 personally upon the employer or upon any foreman, supervisor, 17 superintendent, or manager of the employer to whose orders the 18 employee with a disability or deceased employee was required to 19 conform or upon any agent of the employer upon whom a summons in 20 a civil action may be served under the laws of the state or may be sent 21 to the employer by registered letter, addressed to the employer's last 22 known residence or place of business. 23 (c) No proceedings by an employee for compensation under this 24 chapter shall be maintained unless claim for compensation shall be 25 filed by the employee with the worker's compensation board within two 26 (2) years after the date of the disablement. 27 (d) No proceedings by dependents of a deceased employee for 28 compensation for death under this chapter shall be maintained unless 29 claim for compensation shall be filed by the dependents with the 30 worker's compensation board within two (2) years after the date of 31 death. 32 (e) No limitation of time provided in this chapter shall run against 33 any person who is mentally incompetent or a minor dependent, so long 34 as the person has no guardian or trustee. 35 SECTION 490. IC 22-3-9-5 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. Any contract, rule, 37 regulation, bylaw, or device whatsoever, the purpose, intent, or effect 38 of which would be to enable any employer to exempt himself or itself 39 the employer from any liability created by this chapter, shall to that 40 extent be void; provided, that in any action brought against any such 41 employer under or by virtue of any of the provisions of this chapter, 42 such employer may set off therein by special plea any sum such 2024 IN 1267—LS 6912/DI 92 288 1 employer has contributed or paid to any insurance, relief benefit, or 2 indemnity for and on behalf of such injured employee that may have 3 been paid to him the injured employee or to the person entitled thereto 4 on account of the injury or death for which said action is brought, but 5 in no event shall the amount of such setoff exceed the amount paid to 6 such employee or other person entitled thereto out of such insurance, 7 relief benefit, or indemnity fund. 8 SECTION 491. IC 22-4-17-5, AS AMENDED BY P.L.136-2018, 9 SECTION 113, IS AMENDED TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint a 11 review board composed of three (3) members, not more than two (2) of 12 whom shall be members of the same political party, with salaries to be 13 fixed by the governor. The review board shall consist of the chairman 14 chairperson and the two (2) members who shall serve for terms of 15 three (3) years. At least one (1) member must be admitted to the 16 practice of law in Indiana. 17 (b) Any claim pending before an administrative law judge, and all 18 proceedings arising from that claim, may be transferred to and 19 determined by the review board upon its own motion, at any time 20 before the administrative law judge announces a decision. If the review 21 board considers it advisable to procure additional evidence, it may 22 direct the taking of additional evidence within a time period it shall fix. 23 An employer that is a party to a claim transferred to the review board 24 under this subsection is entitled to receive notice in accordance with 25 section 6 of this chapter of the transfer or any other action to be taken 26 under this section before a determination is made or other action 27 concerning the claim is taken. 28 (c) Any proceeding so removed to the review board shall be heard 29 by a quorum of the review board in accordance with the requirements 30 of section 3 of this chapter. The review board shall notify the parties to 31 any claim of its decision, together with its reasons for the decision. 32 (d) Members of the review board, when acting as administrative law 33 judges, are subject to section 15 of this chapter. 34 (e) The review board may on the board's own motion affirm, modify, 35 set aside, remand, or reverse the findings, conclusions, or orders of an 36 administrative law judge on the basis of any of the following: 37 (1) Evidence previously submitted to the administrative law 38 judge. 39 (2) The record of the proceeding after the taking of additional 40 evidence as directed by the review board. 41 (3) A procedural error by the administrative law judge. 42 SECTION 492. IC 22-4-17-12 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 289 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Any decision of 2 the review board shall be conclusive and binding as to all questions of 3 fact. Either party to the dispute or the commissioner may, within thirty 4 (30) days after notice of intention to appeal as provided in this section, 5 appeal the decision to the court of appeals of Indiana for errors of law 6 under the same terms and conditions as govern appeals in ordinary civil 7 actions. 8 (b) In every appeal the review board shall be made a party appellee, 9 and the review board shall, at the written request of the appellant and 10 after payment of the uniform average fee required in subsection (c) is 11 made, prepare a transcript of all the proceedings had before the 12 administrative law judge and review board, which shall contain a 13 transcript of all the testimony, together with all objections and rulings 14 thereon, documents and papers introduced into evidence or offered as 15 evidence, and all rulings as to their admission into evidence. The 16 transcript shall be certified by the chairman chairperson of the review 17 board and shall constitute the record upon appeal. 18 (c) All expenses incurred in the preparation of the transcript shall 19 be charged to the appellant. The fee for a transcript shall be the actual 20 cost of preparation that may include the cost of materials, reproduction, 21 postage, handling, and hours of service rendered by the preparer. The 22 commissioner shall establish a uniform average fee to be paid by the 23 appellant before the transcript is prepared. After the transcript is 24 completed, the actual cost shall be determined and the appellant shall 25 either pay the amount remaining above the uniform average fee or be 26 refunded the amount the uniform average fee exceeds the actual cost 27 of preparation. The commissioner shall establish the procedure by 28 which transcript fees are determined and paid. 29 (d) Notwithstanding subsections (b) and (c), the appellant may 30 request that a transcript of all proceedings had before the 31 administrative law judge and review board be prepared at no cost to the 32 appellant by filing with the review board, under oath and in writing, a 33 statement: 34 (1) declaring that the appellant is unable to pay for the preparation 35 of the transcript because of the appellant's poverty; 36 (2) setting forth the facts that render the appellant unable to pay 37 for the preparation of the transcript; and 38 (3) declaring that the appellant is entitled to redress on appeal. 39 Upon finding that the appellant is unable to pay for the preparation of 40 the transcript because of the appellant's poverty, the review board shall 41 prepare a transcript at no cost to the appellant. 42 (e) The review board may, upon its own motion, or at the request of 2024 IN 1267—LS 6912/DI 92 290 1 either party upon a showing of sufficient reason, extend the limit within 2 which the appeal shall be taken, not to exceed fifteen (15) days. In 3 every case in which an extension is granted, the extension shall appear 4 in the record of the proceeding filed in the court of appeals. 5 (f) The appellant shall attach to the transcript an assignment of 6 errors. An assignment of errors that the decision of the review board is 7 contrary to law shall be sufficient to present both the sufficiency of the 8 facts found to sustain the decision and the sufficiency of the evidence 9 to sustain the findings of facts. In any appeal under this section, no 10 bond shall be required for entering the appeal. 11 (g) All appeals shall be considered as submitted upon the date filed 12 in the court of appeals, shall be advanced upon the docket of the court, 13 and shall be determined without delay in the order of priority. Upon the 14 final determination of the appeal, the review board shall enter an order 15 in accordance with the determination, and the decision shall be final. 16 The court of appeals may in any appeal remand the proceeding to the 17 review board for the taking of additional evidence, setting time limits 18 therefor, and ordering the additional evidence to be certified by the 19 review board to the court of appeals to be used in the determination of 20 the cause. 21 (h) Any finding of fact, judgment, conclusion, or final order made 22 by a person with the authority to make findings of fact or law in an 23 action or proceeding under this article is not conclusive or binding and 24 shall not be used as evidence in a separate or subsequent action or 25 proceeding between an individual and the individual's present or prior 26 employer in an action or proceeding brought before an arbitrator, a 27 court, or a judge of this state or the United States regardless of whether 28 the prior action was between the same or related parties or involved the 29 same facts. 30 SECTION 493. IC 22-4.1-18-3, AS AMENDED BY P.L.86-2020, 31 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2024]: Sec. 3. (a) The department shall administer the testing 33 program provided in this chapter. All administrative costs of this 34 program must be funded through appropriations of the general 35 assembly. 36 (b) The test shall be: 37 (1) a nationally administered high school equivalency exam 38 utilizing college and career readiness standards that includes 39 subtests of reading, mathematics, science, social studies, and 40 writing; and 41 (2) available in a pencil and paper and online formats. 42 (c) The test vendor shall provide: 2024 IN 1267—LS 6912/DI 92 291 1 (1) annual in-person and online training; 2 (2) an annual national and Indiana statistical report; 3 (3) a dedicated customer service line; 4 (4) at least one (1) practice test available in both pencil and paper 5 and online formats; 6 (5) at least two (2) retests for each subtest, free of charge; and 7 (6) a nationally based research report on the long term outcomes 8 for candidates who passed the test, which shall be presented to the 9 department, governor's workforce cabinet, the chairman 10 chairperson of the house committee on education, and the 11 chairman chairperson of the senate committee on education and 12 career development. 13 SECTION 494. IC 22-5-1-4 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. Nothing in this 15 chapter shall be so construed as to prevent any citizen or subject of any 16 foreign country temporarily residing in the United States either in a 17 private or official capacity from engaging, under contract or otherwise, 18 persons not residents or citizens of the United States to act as private 19 secretaries, servants, or domestics for such foreigner temporarily 20 residing in the United States, nor shall this chapter be so construed as 21 to prevent any person or persons, partnership, limited liability 22 company, or corporation from engaging, under contract or agreement, 23 skilled workmen workers in foreign countries to perform labor in the 24 state of Indiana in or upon any new industry not at present established 25 in the state, provided that skilled labor for that purpose cannot 26 otherwise be obtained; nor shall the provisions of this chapter apply to 27 professional actors, artists, lecturers, or singers, nor to persons 28 employed strictly as personal or domestic servants; however, nothing 29 in this chapter shall be construed as prohibiting any individual from 30 assisting any member of his the individual's family or relative or 31 personal friend to migrate from any foreign country to the state for the 32 purpose of settlement here. 33 SECTION 495. IC 22-8-1.1-10 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The commission 35 shall meet annually at the call of the commissioner and elect a 36 chairman chairperson and such other officers as they deem 37 appropriate. 38 SECTION 496. IC 22-8-1.1-13, AS AMENDED BY P.L.113-2014, 39 SECTION 116, IS AMENDED TO READ AS FOLLOWS 40 [EFFECTIVE JULY 1, 2024]: Sec. 13. The commission shall meet at 41 the call of the commissioner or the chairman chairperson or upon the 42 written request of any four (4) members. However, the commission 2024 IN 1267—LS 6912/DI 92 292 1 shall meet at least one (1) time per year at the call of the commissioner 2 to conduct the business that comes before the commission. 3 SECTION 497. IC 22-8-1.1-31 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. Board: 5 membership. The board shall consist of five (5) members, all of whom 6 shall be residents of Indiana and shall be appointed by the governor as 7 follows: 8 (1) Two (2) of the members shall be drawn from backgrounds 9 with labor organizations but not more than one (1) of them shall 10 be from the same international union. and 11 (2) Two (2) of the members shall be drawn from backgrounds 12 with employers. 13 (3) The chairman chairperson of the board shall be the fifth 14 member and shall be selected from the highest membership 15 classification of the American Society of Safety Engineers. 16 SECTION 498. IC 22-8-1.1-32.1 IS AMENDED TO READ AS 17 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 32.1. Board: Terms. 18 Members of the board shall be appointed for terms of four (4) years, 19 and until their successors are appointed and qualified. Of the members 20 first appointed, the members appointed who are drawn from those who 21 have backgrounds with management shall be appointed to terms so that 22 in every other year the term of one (1) or the other of them ends; and 23 the members who are drawn from those who have backgrounds with 24 labor organizations shall be appointed so that every other year the term 25 of one (1) or the other of them ends. The first chairman chairperson 26 of the board shall have a four (4) year term. Vacancies shall be filled 27 in the same manner as the original appointments, except that a vacancy 28 occurring during the term of office shall be filled by appointment of the 29 governor for the unexpired term. 30 SECTION 499. IC 22-8-1.1-35 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. (a) Each member 32 of the board who is not a state employee is entitled to the minimum 33 salary per diem provided by IC 4-10-11-2.1(b). Such a member is also 34 entitled to reimbursement for traveling expenses and other expenses 35 actually incurred in connection with the member's duties, as provided 36 in the state travel policies and procedures established by the 37 department of administration and approved by the budget agency. 38 (b) The board shall meet on the call of the chairman. chairperson. 39 SECTION 500. IC 22-9-1-5, AS AMENDED BY P.L.86-2018, 40 SECTION 192, IS AMENDED TO READ AS FOLLOWS 41 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The members of the 42 Commission shall be appointed within thirty (30) days after the 2024 IN 1267—LS 6912/DI 92 293 1 effective date of this chapter and the first meeting thereof shall be 2 called by the member first appointed within sixty (60) days after the 3 effective date of this chapter. 4 (b) At its first meeting and at each annual meeting held thereafter, 5 the Commission shall organize by the election of a chairman 6 chairperson and vice chairman chairperson from its membership, 7 each of whom, except those first elected, shall serve for a term of one 8 (1) year and until his successor is elected. 9 (c) The Commission shall hold one (1) regular meeting each month, 10 and such called meetings as its chairman chairperson may deem to be 11 necessary. The April meeting shall be the annual meeting. 12 SECTION 501. IC 22-9-1-6, AS AMENDED BY P.L.205-2019, 13 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2024]: Sec. 6. (a) The commission shall establish and 15 maintain a permanent office in the city of Indianapolis. 16 (b) Except as it concerns judicial review, the commission may adopt 17 rules under IC 4-22-2 to implement this chapter. 18 (c) The commission shall formulate policies to effectuate the 19 purposes of this chapter and make recommendations to agencies and 20 officers of the state or local subdivisions thereof to effectuate such 21 policies. The several departments, commissions, divisions, authorities, 22 boards, bureaus, agencies, and officers of the state or any political 23 subdivision or agency thereof shall furnish the commission, upon its 24 request, all records, papers, and information in their possession relating 25 to any matter before the commission. 26 (d) The commission shall receive and investigate complaints 27 alleging discriminatory practices. The commission shall not hold 28 hearings in the absence of a complaint. All investigations of complaints 29 shall be conducted by staff members of the civil rights commission or 30 their agents. 31 (e) The commission may create such advisory agencies and 32 conciliation councils, local or statewide, as will aid in effectuating the 33 purposes of this chapter. The commission may itself, or it may 34 empower these agencies and councils to: 35 (1) study the problems of discrimination in the areas covered by 36 section 2 of this chapter when based on race, religion, color, sex, 37 handicap, national origin, or ancestry; and 38 (2) foster through community effort, or otherwise, good will 39 among the groups and elements of the population of the state. 40 These agencies and councils may make recommendation to the 41 commission for the development of policies and procedures in general. 42 Advisory agencies and conciliation councils created by the commission 2024 IN 1267—LS 6912/DI 92 294 1 shall be composed of representative citizens serving without pay, but 2 with reimbursement for reasonable and necessary actual expenses. 3 (f) The commission may issue such publications and such results of 4 investigations and research as in its judgment will tend to promote 5 good will and minimize or eliminate discrimination because of race, 6 religion, color, sex, handicap, national origin, or ancestry. 7 (g) The commission shall prevent any person from discharging, 8 expelling, or otherwise discriminating against any other person because 9 the person filed a complaint, testified in any hearing before this 10 commission, or in any way assisted the commission in any matter under 11 its investigation. 12 (h) The commission may hold hearings, subpoena witnesses, compel 13 their attendance, administer oaths, take the testimony of any person 14 under oath, and require the production for examination of any books 15 and papers relating to any matter under investigation or in question 16 before the commission. The commission may make rules as to the 17 issuance of subpoenas by individual commissioners. Contumacy or 18 refusal to obey a subpoena issued under this section shall constitute a 19 contempt. All hearings shall be held within Indiana at a location 20 determined by the commission. A citation of contempt may be issued 21 upon application by the commission to the circuit or superior court in 22 the county in which the hearing is held or in which the witness resides 23 or transacts business. 24 (i) The commission may: 25 (1) before July 1, 2020, appoint administrative law judges other 26 than commissioners; and 27 (2) after June 30, 2020, request assignment of an administrative 28 law judge (as defined in IC 4-21.5-1-2); 29 when an appointment is deemed necessary by a majority of the 30 commission. The administrative law judges shall be members in good 31 standing before the bar of Indiana and shall be appointed by the 32 chairman chairperson of the commission. An administrative law judge 33 appointed under this subsection shall have the same powers and duties 34 as a commissioner sitting as an administrative law judge. However, the 35 administrative law judge may not issue subpoenas. 36 (j) The commission shall state its findings of fact after a hearing 37 and, if the commission finds a person has engaged in an unlawful 38 discriminatory practice, shall cause to be served on this person an order 39 requiring the person to cease and desist from the unlawful 40 discriminatory practice and requiring the person to take further 41 affirmative action as will effectuate the purposes of this chapter, 42 including but not limited to the power: 2024 IN 1267—LS 6912/DI 92 295 1 (1) to restore the complainant's losses incurred as a result of 2 discriminatory treatment, as the commission may deem necessary 3 to assure justice; however, except in discriminatory practices 4 involving veterans, this specific provision when applied to orders 5 pertaining to employment shall include only wages, salary, or 6 commissions; 7 (2) to require the posting of notice setting forth the public policy 8 of Indiana concerning civil rights and the respondent's compliance 9 with the policy in places of public accommodations; 10 (3) to require proof of compliance to be filed by the respondent at 11 periodic intervals; and 12 (4) to require a person who has been found to be in violation of 13 this chapter and who is licensed by a state agency authorized to 14 grant a license to show cause to the licensing agency why the 15 person's license should not be revoked or suspended. 16 When an employer has been found to have committed a discriminatory 17 practice in employment by failing to employ an applicant on the basis 18 that the applicant is a veteran, the order to restore the veteran's losses 19 may include placing the veteran in the employment position with the 20 employer for which the veteran applied. 21 (k) Judicial review of a cease and desist order or other affirmative 22 action as referred to in this chapter may be obtained under IC 22-9-8. 23 If no proceeding to obtain judicial review is instituted within thirty (30) 24 days from receipt of notice by a person that an order has been made by 25 the commission, the commission, if it determines that the person upon 26 whom the cease and desist order has been served is not complying or 27 is making no effort to comply, may obtain a decree of a court for the 28 enforcement of the order in circuit or superior court upon showing that 29 the person is subject to the commission's jurisdiction and resides or 30 transacts business within the county in which the petition for 31 enforcement is brought. 32 (l) If, upon all the evidence, the commission shall find that a person 33 has not engaged in any unlawful practice or violation of this chapter, 34 the commission shall state its findings of facts and shall issue and 35 cause to be served on the complainant an order dismissing the 36 complaint as to the person. 37 (m) The commission may furnish technical assistance requested by 38 persons subject to this chapter to further compliance with this chapter 39 or with an order issued under this chapter. 40 (n) The commission shall promote the creation of local civil rights 41 agencies to cooperate with individuals, neighborhood associations, and 42 state, local, and other agencies, both public and private, including 2024 IN 1267—LS 6912/DI 92 296 1 agencies of the federal government and of other states. 2 (o) The commission may reduce the terms of conciliation agreed to 3 by the parties to writing (to be called a consent agreement) that the 4 parties and a majority of the commissioners shall sign. When signed, 5 the consent agreement shall have the same effect as a cease and desist 6 order issued under subsection (j). If the commission determines that a 7 party to the consent agreement is not complying with it, the 8 commission may obtain enforcement of the consent agreement in a 9 circuit or superior court upon showing that the party is not complying 10 with the consent agreement and the party is subject to the commission's 11 jurisdiction and resides or transacts business within the county in 12 which the petition for enforcement is brought. 13 (p) In lieu of investigating a complaint and holding a hearing under 14 this section, the commission may issue an order based on findings and 15 determinations by the federal Department of Housing and Urban 16 Development or the federal Equal Employment Opportunity 17 Commission concerning a complaint that has been filed with one (1) of 18 these federal agencies and with the commission. The commission shall 19 adopt by rule standards under which the commission may issue such an 20 order. 21 (q) Upon notice that a complaint is the subject of an action in a 22 federal court, the commission shall immediately cease investigation of 23 the complaint and may not conduct hearings or issue findings of fact or 24 orders concerning that complaint. 25 SECTION 502. IC 22-10-1.5-2, AS AMENDED BY P.L.35-2007, 26 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 2. (a) The mining board is established. The board 28 is composed of five (5) members appointed by the governor. The 29 members must have the following qualifications: 30 (1) Two (2) members must be practical and experienced 31 nonsupervisory underground coal miners. 32 (2) Two (2) members must be practical and experienced 33 underground coal operators. 34 (3) One (1) member must represent the general public and must 35 not be associated with the coal industry. 36 (b) The governor shall appoint each member to a four (4) year term. 37 The governor shall fill any vacancy occurring on the board for the 38 unexpired term of the member being replaced. The individual 39 appointed to fill a vacancy must have the same qualifications as the 40 member the individual is replacing. 41 (c) The governor may remove a member of the board for cause. 42 (d) The board shall organize by the election of a chairman 2024 IN 1267—LS 6912/DI 92 297 1 chairperson for a one (1) year term. 2 (e) The board may hold meetings on the call of the chairman 3 chairperson or the director. 4 SECTION 503. IC 22-10-1.5-6, AS AMENDED BY P.L.35-2007, 5 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2024]: Sec. 6. (a) With the governor's approval, the 7 commissioner of labor shall appoint a director of the bureau of mines 8 and mine safety created under IC 22-1-1-4(1) who must have the 9 following qualifications: 10 (1) Be a citizen of the United States and a resident of Indiana. 11 (2) Have at least four (4) years experience in underground coal 12 mines. 13 (3) Hold an Indiana mine foreman supervisor certificate. 14 (4) Possess a practical knowledge of: 15 (A) the different systems of working and ventilating coal 16 mines; 17 (B) the nature, chemistry, detection, and control of noxious, 18 poisonous, and explosive gases; 19 (C) the dangers incident to blasting and the prevention of these 20 dangers; 21 (D) the application of electricity in mining operations; 22 (E) the methods for preventing mine fires and gas or dust 23 explosions; 24 (F) the methods for controlling and extinguishing mine fires; 25 (G) the methods of rescue and recovery work following mine 26 disasters; and 27 (H) the mining laws of this state. 28 (b) The director may not be an owner or part owner of a coal mine 29 or coal mining company while serving as director. 30 (c) The director shall serve for a four (4) year term. However, the 31 director serves at the pleasure of the governor. 32 (d) The director is entitled to receive an annual salary to be fixed by 33 the commissioner of labor with the approval of the governor. 34 SECTION 504. IC 22-10-3-1, AS AMENDED BY P.L.10-2012, 35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 1. As used in this article: 37 "Active workings" means all places in a mine that are ventilated and 38 inspected regularly. 39 "Belt examiner" means an individual designated by the mine 40 foreman supervisor to perform the functions as required by 30 CFR 41 Part 75 in connection with examinations to ensure that the belt, belt 42 drives, dump points, air movement, roof, and ribs of a mine are in safe 2024 IN 1267—LS 6912/DI 92 298 1 condition. 2 "Board" refers to the mining board established under 3 IC 22-10-1.5-2. 4 "Commercial mine" means any underground mine from which coal 5 is produced for sale, exchange, or commercial use. 6 "Director" means the director of the bureau of mines and mine 7 safety established under IC 22-1-1-4. 8 "Hoisting engineer" means an individual who is capable of 9 transporting people and material in and out of a mine by means of a 10 hoist. 11 "Interested persons" means the director, safety personnel designated 12 by the operator, state and federal coal mine inspectors, and, to the 13 extent required by law, any other person. 14 "Mine" means an underground commercial coal mine. 15 "Mine electrician" means a properly certified individual who can 16 perform electrical work in: 17 (1) a surface coal mine; 18 (2) surface areas of underground coal mines; and 19 (3) underground coal mines. 20 "Mine examiner" means a properly certified person designated by 21 the mine foreman supervisor to examine the mine for gas and other 22 dangers. A mine examiner may temporarily act as a section foreman 23 supervisor if designated to act as such by the mine foreman. 24 supervisor. 25 "Mine foreman" supervisor" means the person charged with the 26 responsibility of the general supervision of the underground working 27 of a mine and the persons employed in the mine and for the health and 28 safety of those employees. 29 "Mine inspector" means the person appointed to assist in 30 administering this article. 31 "Mine Safety Administration" refers to the Mine Safety and Health 32 Administration, United States Department of Labor. 33 "Mining laws" means: 34 (1) this article; 35 (2) IC 22-1-1-5(a); 36 (3) 30 CFR part 75; and 37 (4) 30 CFR part 77. 38 "Operator" means an individual, firm, association, partnership, 39 limited liability company, or corporation operating an underground 40 coal mine or any part of a mine. 41 "Shot-firer" means a properly certified person designated by the 42 mine foreman supervisor to perform the functions as required in this 2024 IN 1267—LS 6912/DI 92 299 1 article in connection with breaking down coal or rock. 2 SECTION 505. IC 22-10-3-6, AS AMENDED BY P.L.35-2007, 3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 JULY 1, 2024]: Sec. 6. (a) The director shall devote the director's 5 attention to the duties of the office during working hours and is subject 6 to call at all times. The director and any mine inspector funded by the 7 general assembly are authorized to enter, examine, and inspect all 8 commercial coal mines and facilities. 9 (b) The director shall have full direction of the official activities of 10 any mine inspector and shall be responsible therefor. 11 (c) The director and each mine inspector shall have power, and it is 12 their duty, to stop immediately the operation of any coal mine or part 13 thereof when any dangerous or unlawful condition exists. However, 14 where conditions exist justifying the director or the mine inspector to 15 do so, the director or mine inspector shall grant a reasonable period of 16 time for making necessary repairs. Where a stop in operation is 17 enforced, such director and mine inspector shall be empowered to 18 subsequently allow such mine or part of a mine to be reopened when 19 the dangerous or unlawful conditions have been remedied or removed. 20 If the operator or a workman worker believes that an inspector has 21 acted illegally in citing violations of mining law, they may appeal to the 22 director for relief from such citation. The director may grant or deny 23 such relief after a hearing, at which all interested parties have been 24 notified of such hearing and given an opportunity to present evidence 25 in support of their contentions. 26 (d) The director shall keep a properly indexed permanent record of 27 all inspections made by the director and the mine inspector, and copies 28 of all reports relating to coal mines shall be kept on file, and all such 29 records shall be open to inspection by the public, and shall be laid 30 before the governor at any time upon the request of the governor. The 31 director shall cause: 32 (1) within sixty (60) days of the date of the inspection, inspection 33 reports; and 34 (2) for two (2) years, all reports relating to coal mines; 35 to be posted on the web site website maintained by the bureau of mines 36 and mine safety created under IC 22-1-1-4(1). 37 (e) The director is empowered to revoke, in writing, any order 38 issued by a mine inspector for the purpose of stopping the operation of 39 a mine or part thereof. However, such revocation of an order shall not 40 be made unless and until the director has made a personal examination 41 of the mine or part thereof affected and determined it to be in a safe 42 condition to operate. 2024 IN 1267—LS 6912/DI 92 300 1 (f) The director or mine inspector shall make a personal inspection 2 of each mine in this state: 3 (1) at least once every three (3) months, or more often if 4 practicable, while the mine is in operation; 5 (2) whenever any danger to the workmen workers may exist; or 6 (3) whenever called upon to do so by the workmen. workers. 7 During a regular inspection, the director or inspector shall have the 8 authority to inspect the surface plant; every working place in the mine; 9 all active haulageways, travelways, and airways in their entirety; 10 entrances to abandoned workings; accessible old workings; escapeways 11 and all other places where individuals work or travel; electric 12 equipment and installations; first aid equipment; ventilation facilities; 13 communications installations; roof and rib conditions; and blasting 14 practices, etc. The director or inspector shall have the authority to 15 measure the volume of air at the intake and return of the main 16 ventilating current and of each split, and the amount passing through 17 the last breakthrough in each pair or set of entries, and designate to the 18 mine foreman supervisor where the director or inspector shall measure 19 the currents of air as required by the mining laws of this state. In mines 20 operating more than one (1) shift in a twenty-four (24) hour period, the 21 director or inspector shall devote sufficient time to the second and third 22 shift to determine conditions and practices related to the health and 23 safety of the employees. The director or inspector shall make tests for 24 gas and oxygen deficiency in each place that the director or inspector 25 is required to inspect in the mine. Time shall be made available during 26 an inspection for interaction with the employees of the mine by the 27 director or the inspector to ascertain the familiarity of the employees 28 with self-rescuers and accessible escapeways. 29 (g) The director or mine inspector making an inspection of a mine 30 shall make an accurate report covering such inspection, showing: 31 (1) the date of inspection and actual time required to make the 32 inspection; 33 (2) the condition in which the mine is found; 34 (3) the extent to which the mining laws are violated; 35 (4) the progress made in the improvement of the mine, where 36 such progress relates to the health and safety of the employees; 37 (5) the number of fatal injuries and the number of nonfatal 38 lost-time injuries resulting from accidents in and around the mine, 39 and their cause; and 40 (6) in case any violation of the mining laws is found, the specific 41 section or sections violated, with recommendations for correcting 42 them, and the action taken to eliminate them. 2024 IN 1267—LS 6912/DI 92 301 1 (h) The director or mine inspector making an inspection of a mine 2 shall within three (3) days after the completion of the inspection, 3 deliver: 4 (1) one (1) copy of the inspection report on the mine to the 5 operator, superintendent, or mine foreman supervisor of the mine 6 inspected; and 7 (2) one (1) copy to be posted within the three (3) day limit on a 8 bulletin board at a prominent place on the premises where it can 9 be conveniently read by the employees. If corrective action is 10 implemented, the report shall remain on the bulletin board for 11 thirty (30) days. If corrective action is not implemented, the report 12 shall not be removed from the bulletin board until the report of 13 the succeeding examination is posted. 14 The director or mine inspector shall keep the mine foreman supervisor 15 or superintendent informed as much as is practicable of any violation 16 or other unsafe condition as the regular inspection progresses. In 17 instances where, in the opinion of the mine inspector, an imminent or 18 serious disaster hazard exists, such inspector shall report the same to 19 the director by the quickest available means. 20 (i) It shall be the duty of the director and mine inspectors to enforce 21 the mining laws of this state and the mine inspectors shall perform such 22 other official duties required by the director as may be necessary to 23 secure full compliance with the mining laws of this state. 24 SECTION 506. IC 22-10-3-9, AS AMENDED BY P.L.10-2012, 25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 9. (a) The director shall keep a record of the 27 board's official actions concerning certificates issued under this chapter 28 and file the record together with questions and answers pertaining to 29 examinations established by the board, including the grade given for 30 the answer to each question. The record shall be open for inspection by 31 interested persons. If applications for certification are received, the 32 board shall meet at least quarterly at such time and place as it shall 33 consider advisable for the purpose of examining applicants for 34 certificates. These quarterly meetings shall be held in January, April, 35 July, and October. The date, time, and place of examination shall be 36 published at all coal mines in this state and posted on the web site 37 website maintained by the bureau of mines and mine safety at least 38 thirty (30) days before the examination. By a majority vote, the board 39 shall establish its rules of procedure and provide suitable certificates. 40 The board shall adopt rules establishing standards for the competent 41 practice of mine foreman, supervisor, belt examiner, mine examiner, 42 shot-firer, mine electrician, and hoisting engineer. 2024 IN 1267—LS 6912/DI 92 302 1 (b) A person desiring certification for mine foreman, supervisor, 2 belt examiner, mine examiner, shot-firer, mine electrician, or hoisting 3 engineer must make written application to the board on forms supplied 4 by the board not later than ten (10) days prior to the examination date. 5 SECTION 507. IC 22-10-3-10, AS AMENDED BY P.L.10-2012, 6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 10. (a) It is the duty of the board to examine any 8 person applying for a certificate for mine foreman, supervisor, 9 shot-firer, mine examiner, hoisting engineer, mine electrician, or belt 10 examiner and to issue certificates of competency to the applicants who, 11 upon examination, prove themselves competent and qualified. A 12 certificate is valid only when the examination for certification has been 13 held in the presence of a member of the board and signed by the 14 chairman chairperson of the board. A certificate of competency may 15 not be issued to any person whose grade is less than seventy-five 16 percent (75%) for any certification other than that of a certificate for 17 mine electrician, which requires a passing grade of not less than eighty 18 percent (80%). The board shall observe the requirements set forth in 19 this section in conducting the examinations. 20 (b) An applicant for a mine foreman supervisor certificate must 21 have at least four (4) years of experience underground in coal mines. 22 However, a person who has graduated and holds a degree in 23 engineering or an approved four (4) year program in coal mining 24 technology from an accredited school, college, or university is required 25 to have only two (2) years of practical underground mining experience 26 to qualify for the examination. A person who has graduated and holds 27 a two (2) year associate in applied science degree in coal mining 28 technology from an accredited school, college, or university is required 29 to have only three (3) years of practical underground mining 30 experience to qualify for the examination. An applicant must prove to 31 the board by written and oral examination and by demonstration, where 32 applicable, that the applicant has a thorough knowledge of: 33 (1) the theory and practice of coal mining; 34 (2) the nature and properties of poisonous, noxious, and explosive 35 gases and methods for their detection and control; 36 (3) the requirements of the coal mining laws of this state; and 37 (4) the responsibilities and duties of a mine foreman supervisor 38 under such laws; 39 and that the applicant is otherwise qualified by law. 40 (c) An applicant for a mine examiner certificate must have at least 41 three (3) years of experience underground in coal mines. However, a 42 person who has graduated and holds a degree in engineering or an 2024 IN 1267—LS 6912/DI 92 303 1 associate in applied science degree in coal mining technology from an 2 accredited school, college, or university is required to have only two (2) 3 years of practical underground mining experience to qualify for the 4 examination. An applicant must prove to the board by written and oral 5 examination and by demonstration, where applicable, that the applicant 6 has a thorough knowledge of: 7 (1) the nature and properties of poisonous, noxious, and explosive 8 gases and methods for their detection and control; 9 (2) the practical aspects of coal mining pertaining especially to 10 ventilation and roof control; and 11 (3) the responsibilities of a mine examiner under coal mining laws 12 of this state; 13 and that the applicant is otherwise qualified by law. 14 (d) An applicant for a shot-firer certificate must have at least one (1) 15 year of underground experience and must have been properly trained 16 in a course approved by the director in the safe use and handling of 17 explosives. An applicant must prove to the board by written and oral 18 examination and by demonstration, where applicable, that the applicant 19 has a working knowledge of: 20 (1) the proper handling and use of explosives and blasting devices 21 and the danger connected therewith; 22 (2) the nature and properties of poisonous, noxious, and explosive 23 gases and methods for their detection; 24 (3) the coal mining laws of the state pertaining to ventilation, roof 25 control, and blasting; and 26 (4) the responsibilities of a shot-firer under applicable mining 27 laws; 28 and that the applicant is otherwise qualified by law. 29 (e) An applicant for a hoisting engineer certificate must prove to the 30 board by written and oral examination and by demonstration, where 31 applicable, that the applicant: 32 (1) is capable of operating a hoist; 33 (2) has a thorough knowledge of the coal mining laws of this state 34 pertaining to hoisting operations; 35 (3) has at least one (1) year mining experience; 36 (4) has at least twenty (20) hours practical experience under the 37 supervision of a certified hoisting engineer; and 38 (5) is otherwise qualified by law. 39 (f) An applicant for a belt examiner certificate must have at least 40 one (1) year of experience in belt maintenance or installation work. The 41 applicant must prove to the board by written and oral examination and 42 by demonstration, where applicable, that the applicant has a thorough 2024 IN 1267—LS 6912/DI 92 304 1 knowledge of: 2 (1) the requirements of the coal mining laws of this state with 3 particular emphasis upon those laws pertaining to the use of 4 electrical or belt equipment and the transmission of electrical 5 energy into coal mines; and 6 (2) the responsibilities of a belt examiner under those laws; 7 and that the applicant is otherwise qualified by law. 8 (g) An applicant for a mine electrician certificate must have 9 sufficient (but not less than one (1) year of) experience in performing 10 electrical work. The applicant must prove to the board by written and 11 oral examination and by demonstration, where applicable, that the 12 applicant has a thorough knowledge of: 13 (1) the requirements of the coal mining laws of this state, with 14 particular emphasis upon laws pertaining to electrical energy in 15 coal mines; 16 (2) direct and alternating current theory and application; 17 (3) electric equipment and electrical circuits in coal mines; 18 (4) permissibility of electric equipment; 19 (5) 30 CFR 75 subparts F-K; and 20 (6) 30 CFR 77 subparts F-J and S. 21 (h) An applicant for an examination under this section must pay the 22 bureau of mines and mine safety an examination fee of twenty-five 23 dollars ($25). All fees collected under this subsection shall be 24 deposited in the mine safety fund established by IC 22-10-12-16. The 25 board may set a different fee by rule under IC 22-10-1.5-4. 26 (i) A mine foreman, supervisor, mine examiner, shot-firer, hoisting 27 engineer, mine electrician, or belt examiner certificate issued before 28 September 1, 1979, is valid under the mining laws of Indiana. 29 (j) A person who was issued a fire-boss certificate before July 1, 30 2007, shall be issued a replacement mine examiner certificate upon 31 request to the director. 32 (k) A person designated as mine superintendent or assistant mine 33 superintendent, or acting in either capacity, must hold a mine foreman 34 supervisor certificate. 35 (l) A certificate may be granted to an applicant who presents to the 36 board satisfactory evidence that the applicant has not been convicted 37 of: 38 (1) an act which would constitute a ground for disciplinary 39 sanction under section 11.1(b) of this chapter; or 40 (2) a felony that has a direct bearing on the applicant's ability to 41 act competently as a mine foreman, supervisor, shot-firer, mine 42 examiner, hoisting engineer, mine electrician, or belt examiner. 2024 IN 1267—LS 6912/DI 92 305 1 (m) For the purpose of safety, the board may refuse to examine an 2 applicant who cannot: 3 (1) readily understand the written English language; or 4 (2) express himself or herself oneself in the English language. 5 SECTION 508. IC 22-10-3-11, AS AMENDED BY P.L.10-2012, 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2024]: Sec. 11. (a) In event of loss or destruction of any 8 certificate issued under the mining laws of this state, the board, upon 9 satisfactory proof of such loss or destruction, shall issue a duplicate 10 certificate upon receipt of five dollars ($5). The fee shall be deposited 11 into the mine safety fund established by IC 22-10-12-16. The board 12 may set a different fee by rule under IC 22-10-1.5-4. 13 (b) The holder of a mine foreman, supervisor, mine examiner, 14 shot-firer, hoisting engineer, mine electrician, or belt examiner 15 certificate must present the same or a photostatic copy to the official of 16 the mine where the holder is employed, who shall file it in the office at 17 such mine, and such file shall be available for inspection by interested 18 persons. 19 SECTION 509. IC 22-10-3-12, AS AMENDED BY P.L.10-2012, 20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2024]: Sec. 12. (a) It is unlawful for any person to serve in the 22 capacity of mine foreman, supervisor, mine examiner, shot-firer, 23 hoisting engineer, mine electrician, or belt examiner at any time unless 24 the person is properly certified. However, any person who meets the 25 appropriate experience requirements of this chapter and who is 26 properly certified in one (1) of these capacities or its equivalent in 27 another state which recognizes the certification of Indiana may serve 28 in such a capacity until the next examination by the board, when the 29 person must apply to the board for certification in the person's 30 particular classification. A mine electrician who is properly certified: 31 (1) by the federal Mine Safety and Health Administration; or 32 (2) in another state that recognizes the mine electrician 33 certification in Indiana; 34 may serve in the individual's certified capacity and be issued a mine 35 electrician certificate by the director in Indiana without the requirement 36 of applying to the board for examination. However, the individual must 37 obtain an Indiana miner's certificate of competency from the director. 38 (b) It is unlawful for an operator in this state to employ any person 39 in the capacity of mine superintendent, assistant mine superintendent, 40 mine foreman, supervisor, mine examiner, shot-firer, hoisting 41 engineer, mine electrician, or belt examiner at any time unless the 42 person is properly certified. 2024 IN 1267—LS 6912/DI 92 306 1 (c) Before any person certified in another state may perform in the 2 capacity of mine superintendent, assistant mine superintendent, mine 3 foreman, supervisor, mine examiner, shot-firer, hoisting engineer, 4 mine electrician, or belt examiner in Indiana, the person must present 5 personally to the director evidence of the out-of-state certificate or 6 certificates. 7 (d) Every inexperienced miner is required to wear an orange hard 8 hat until the miner receives a certificate of competency. 9 SECTION 510. IC 22-10-3-14, AS AMENDED BY P.L.35-2007, 10 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 14. A mine shall be supervised by one (1) or more 12 certified mine foremen supervisors who shall see that compliance with 13 mining laws that pertain to the commercial mine's duties and to the 14 health and safety of the employees is met. When the mine workings are 15 so extensive that the mine foremen supervisors are unable personally 16 to carry out the duties required of them by law, the operator shall 17 employ a sufficient number of properly certified assistants who shall 18 act under the direction of the mine foremen. supervisors. The mine 19 foremen supervisors or their assistants shall not permit a person to 20 work in an unsafe place except for the purpose of making it safe, and 21 such work shall be under the direction and instruction of a certified 22 official. 23 SECTION 511. IC 23-1-33-7, AS AMENDED BY P.L.133-2009, 24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2024]: Sec. 7. (a) A director may resign at any time by 26 delivering written notice: 27 (1) to the board of directors, its chairman, chairperson, or the 28 secretary of the corporation; or 29 (2) if the articles of incorporation or bylaws so provide, to another 30 designated officer. 31 (b) A resignation is effective when the notice is delivered unless the 32 notice specifies: 33 (1) a later effective date; or 34 (2) an effective date determined upon the happening of an event. 35 (c) A resignation that is conditioned upon failing to receive a 36 specified vote for election as a director may provide that the resignation 37 is irrevocable. 38 SECTION 512. IC 23-1-36-3 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may 40 resign at any time by delivering notice: 41 (1) to the board of directors, its chairman, chairperson, or the 42 secretary of the corporation; or 2024 IN 1267—LS 6912/DI 92 307 1 (2) if the articles of incorporation or bylaws so provide, to another 2 designated officer. 3 (b) A resignation is effective when the notice is delivered unless the 4 notice specifies a later effective date. If a resignation is made effective 5 at a later date and the corporation accepts the future effective date, its 6 board of directors may fill the pending vacancy before the effective 7 date if the board of directors provides that the successor does not take 8 office until the effective date. 9 (c) A board of directors may remove any officer at any time with or 10 without cause. 11 (d) An officer who appoints another officer or assistant officer may 12 remove the appointed officer or assistant officer at any time with or 13 without cause. 14 SECTION 513. IC 23-4-1-16 IS AMENDED TO READ AS 15 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. (1) When a person, 16 by words spoken or written or by conduct, represents himself, oneself, 17 or consents to another representing him the person or any one, as a 18 partner in an existing partnership or with one (1) or more persons not 19 actual partners, he the apparent partner is liable to any such person 20 to whom such representation has been made, who has, on the faith of 21 such representation, given credit to the actual or apparent partnership, 22 and if he the apparent partner has made such representation or 23 consented to its being made in a public manner he the person is liable 24 to such person, whether the representation has or has not been made or 25 communicated to such person so giving credit by or with the 26 knowledge of the apparent partner making the representation or 27 consenting to its being made. 28 (a) When a partnership liability results, he the apparent partner is 29 liable as though he the apparent partner were an actual member of 30 the partnership. 31 (b) When no partnership liability results, he the apparent partner 32 is liable jointly with the other persons, if any, so consenting to the 33 contract or representation as to incur liability, otherwise separately. 34 (2) When a person has been thus represented to be a partner in an 35 existing partnership, or with one (1) or more persons not actual 36 partners, he the person is an agent of the persons consenting to such 37 representation to bind them to the same extent and in the same manner 38 as though he the person were a partner in fact, with respect to persons 39 who rely upon the representation. Where all the members of the 40 existing partnership consent to the representation, a partnership act or 41 obligation results; but in all other cases it is the joint act or obligation 42 of the person acting and the persons consenting to the representation. 2024 IN 1267—LS 6912/DI 92 308 1 SECTION 514. IC 23-4-1-35 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. (1) After 3 dissolution a partner can bind the partnership except as provided in 4 paragraph (3): 5 (a) By any act appropriate for winding up partnership affairs or 6 completing transactions unfinished at dissolution. 7 (b) By any transaction which would bind the partnership if 8 dissolution had not taken place, provided the other party to the 9 transaction: 10 (I) had extended credit to the partnership prior to dissolution 11 and had no knowledge or notice of the dissolution; or 12 (II) though he the party had not so extended credit, had 13 nevertheless known of the partnership prior to dissolution, 14 and, having no knowledge or notice of dissolution, the fact of 15 dissolution had not been advertised in a newspaper of general 16 circulation in the place (or in each place if more than one) at 17 which the partnership business was regularly carried on. 18 (2) The liability of a partner under paragraph (1)(b) shall be 19 satisfied out of partnership assets alone when such partner had been 20 prior to dissolution: 21 (a) unknown as a partner to the person with whom the contract is 22 made; and 23 (b) so far unknown and inactive in partnership affairs that the 24 business reputation of the partnership could not be said to have 25 been in any degree due to his the partner's connection with it. 26 (3) The partnership is in no case bound by any act of a partner after 27 dissolution: 28 (a) where the partnership is dissolved because it is unlawful to 29 carry on the business, unless the act is appropriate for winding up 30 partnership affairs; or 31 (b) where the partner has become bankrupt; or 32 (c) where the partner has no authority to wind up partnership 33 affairs; except by a transaction with one who: 34 (I) had an extended credit to the partnership prior to 35 dissolution and had no knowledge or notice of his the 36 partner's want of authority; or 37 (II) had not extended credit to the partnership prior to 38 dissolution, and, having no knowledge or notice of his the 39 partner's want of authority, the fact of his the partner's want 40 of authority has not been advertised in the manner provided for 41 advertising the fact of dissolution in paragraph (1)(b)(II). 42 (4) Nothing in this section shall affect the liability under section 16 2024 IN 1267—LS 6912/DI 92 309 1 of this chapter of any person who after dissolution represents himself 2 or consents to another representing him the person as a partner in a 3 partnership engaged in carrying on business. 4 SECTION 515. IC 23-4-1-36 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 36. (1) The dissolution 6 of the partnership does not of itself discharge the existing liability of 7 any partner. 8 (2) A partner is discharged from any existing liability upon 9 dissolution of the partnership by an agreement to that effect between 10 himself, the partner, the partnership creditor and the person or 11 partnership continuing the business; and such agreement may be 12 inferred from the course of dealing between the creditor having 13 knowledge of the dissolution and the person or partnership continuing 14 the business. 15 (3) Where a person agrees to assume the existing obligations of a 16 dissolved partnership, the partners whose obligations have been 17 assumed shall be discharged from any liability to any creditor of the 18 partnership who, knowing of the agreement, consents to a material 19 alteration in the nature or time of payment of such obligations. 20 (4) The individual property of a deceased partner shall be liable for 21 those obligations of the partnership incurred while he the deceased 22 partner was a partner but subject to the prior payment of his the 23 deceased partner's separate debts and for which the partner was liable 24 under section 15 of this chapter. 25 SECTION 516. IC 23-7-8-7 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A person who 27 solicits charitable contributions may not: 28 (1) use the fact of registration as an endorsement by the state; 29 (2) misrepresent that the person is an officer or employee of a 30 public safety agency; 31 (3) use the name "police", "law enforcement", "trooper", "rescue 32 squad", "firemen", or "firefighter" unless a bona fide police, law 33 enforcement, rescue squad, or fire department authorizes its use 34 in writing; 35 (4) misrepresent to anyone that the contribution will be used for 36 a charitable purpose if the person has reason to believe the 37 contribution will not be used for a charitable purpose; 38 (5) misrepresent to anyone that another person endorses the 39 solicitation unless that person has consented in writing to the use 40 of the person's name for the purpose of endorsing the solicitation; 41 (6) misrepresent to anyone that the contribution is solicited on 42 behalf of anyone other than the charitable organization that 2024 IN 1267—LS 6912/DI 92 310 1 authorized the solicitation; or 2 (7) collect or attempt to collect a contribution in person or by 3 means of a courier unless: 4 (A) the solicitation is made in person and the collection or 5 attempt to collect is made at the time of the solicitation; or 6 (B) the contributor has agreed to purchase goods or items in 7 connection with the solicitation, and the collection or attempt 8 to collect is made at the time of delivery of the goods or items. 9 (b) A person who solicits charitable contributions shall not represent 10 that tickets to events will be donated for use by another, unless the 11 following requirements have been met: 12 (1) The paid solicitor has commitments, in writing, from 13 charitable organizations stating that they will accept donated 14 tickets and specifying the number of tickets they are willing to 15 accept. 16 (2) No more contributions for donated tickets are solicited than 17 the number of ticket commitments received from charitable 18 organizations. 19 SECTION 517. IC 23-13-20-5 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The trustees shall 21 elect the following officers: 22 (1) A chairman. chairperson. 23 (2) One (1) or more vice chairmen. chairpersons. 24 (3) A secretary. 25 (4) A treasurer. 26 (5) The assistant secretaries, assistant treasurers, and other 27 officers provided for in the bylaws. 28 (b) The treasurer and all assistant treasurers shall give a bond in the 29 penal sum and with securities approved by the trustees before entering 30 upon the duties of office. 31 (c) Fourteen (14) trustees constitute a quorum for the transaction of 32 all official business. The majority of the members present at a meeting 33 determine the action of the board. 34 SECTION 518. IC 23-13-20-7 IS AMENDED TO READ AS 35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) The board of 36 trustees shall meet each May or June in the city of Evansville on a date 37 determined by the board. The president of the university, the chairman 38 chairperson of the board of trustees, the faculty of the university, any 39 five (5) of the trustees, or the executive committee appointed by the 40 board may call a special meeting of the board. Ten (10) days written 41 notice of a special meeting must be mailed to each member of the 42 board of trustees at the member's last known address. 2024 IN 1267—LS 6912/DI 92 311 1 (b) A working majority of the board of trustees may, at any time, for 2 good cause, declare a vacancy on the board due to lack of interest or 3 otherwise by a member, and appoint a successor. The retired member 4 shall receive notice of the removal by mail sent to the last known 5 address of the member. The trustee appointed to fill the vacancy serves 6 until the next election by the appointing authority. 7 SECTION 519. IC 23-17-14-3 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may 9 resign at any time by delivering notice to one (1) of the following: 10 (1) The board of directors, the chairman chairperson of the board 11 of directors, or the secretary of the corporation. 12 (2) If articles of incorporation or bylaws provide, to another 13 designated officer. 14 (b) A resignation is effective when the notice is effective unless the 15 notice specifies a later effective date. If: 16 (1) a resignation is made effective at a later date; and 17 (2) a corporation accepts the future effective date; 18 the corporation's board of directors may fill the pending vacancy before 19 the effective date if the board of directors provides that the successor 20 does not take office until the effective date. 21 (c) A board of directors may remove an officer at any time with or 22 without cause. 23 (d) An officer who appoints another officer or assistant officer may 24 remove the appointed officer or assistant officer at any time with or 25 without cause. 26 SECTION 520. IC 23-19-1-2, AS AMENDED BY P.L.158-2022, 27 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2024]: Sec. 2. In this article, unless the context otherwise 29 requires: 30 (1) "Agent" means an individual, other than a broker-dealer, who 31 represents a broker-dealer in effecting or attempting to effect 32 purchases or sales of securities or represents an issuer in effecting 33 or attempting to effect purchases or sales of the issuer's securities. 34 However, a partner, officer, or director of a broker-dealer or 35 issuer, or an individual having a similar status or performing 36 similar functions is an agent only if the individual otherwise 37 comes within the term. The term does not include an individual 38 excluded by rule adopted or order issued under this article. 39 (2) "Bank" means: 40 (A) a banking institution organized under the laws of the 41 United States; 42 (B) a member bank of the Federal Reserve System; 2024 IN 1267—LS 6912/DI 92 312 1 (C) any other banking institution, whether incorporated or not, 2 doing business under the laws of a state or of the United 3 States, a substantial portion of the business of which consists 4 of receiving deposits or exercising fiduciary powers similar to 5 those permitted to be exercised by national banks under the 6 authority of the Comptroller of the Currency under Section 1 7 of Public Law 87-722 (12 U.S.C. 92a), and which is 8 supervised and examined by a state or federal agency having 9 supervision over banks, and which is not operated for the 10 purpose of evading this article; and 11 (D) a receiver, conservator, or other liquidating agent of any 12 institution or firm included in clause (A), (B), or (C). 13 (3) "Broker-dealer" means a person engaged in the business of 14 effecting transactions in securities for the account of others or for 15 the person's own account. The term does not include: 16 (A) an agent; 17 (B) an issuer; 18 (C) a bank, a savings institution, or a trust company that is a 19 wholly owned subsidiary of a bank or savings institution if its 20 activities as a broker-dealer are limited to those specified in 21 subsections 3(a)(4)(B)(i) through (vi), (viii) through (x), and 22 (xi) if limited to unsolicited transactions; 3(a)(5)(B); and 23 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 24 78c(a)(4) and 15 U.S.C. 78c(a)(5)) or a bank that satisfies the 25 conditions described in subsection 3(a)(4)(E) of the Securities 26 Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); 27 (D) an international banking institution; or 28 (E) a person excluded by rule adopted or order issued under 29 this article. 30 (4) "Commissioner" means the securities commissioner appointed 31 under IC 23-19-6-1(a). 32 (5) "Depository institution" means: 33 (A) a bank; or 34 (B) a savings institution, trust company, credit union, or 35 similar institution that is organized or chartered under the laws 36 of a state or of the United States, authorized to receive 37 deposits, and supervised and examined by an official or 38 agency of a state or the United States if its deposits or share 39 accounts are insured to the maximum amount authorized by 40 statute by the Federal Deposit Insurance Corporation, the 41 National Credit Union Share Insurance Fund, or a successor 42 authorized by federal law. The term does not include: 2024 IN 1267—LS 6912/DI 92 313 1 (i) an insurance company or other organization primarily 2 engaged in the business of insurance; 3 (ii) a Morris Plan bank; or 4 (iii) an industrial loan company that is not an insured 5 depository institution as defined in Section 3(c)(2) of the 6 Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)) or any 7 successor federal statute. 8 (6) "Federal covered investment adviser" means a person 9 registered under the Investment Advisers Act of 1940. 10 (7) "Federal covered security" means a security that is, or upon 11 completion of a transaction will be, a covered security under 12 Section 18(b) of the Securities Act of 1933 (15 U.S.C. 77r(b)) or 13 rules or regulations adopted under that provision. 14 (8) "Filing" means the receipt under this article of a record by the 15 commissioner or a designee of the commissioner. 16 (9) "Fraud", "fraudulent", "deceit", and "defraud" mean a 17 misrepresentation of a material fact, a promise, representation, or 18 prediction not made honestly or in good faith, or the failure to 19 disclose a material fact necessary in order to make the statements 20 made, in light of the circumstances under which they were made, 21 not misleading. This definition does not limit or diminish the full 22 meaning of the terms as applied by or defined in courts of law or 23 equity. The terms are not limited to common law deceit. 24 (10) "Guaranteed" means guaranteed as to payment of all 25 principal, dividends, and interest. 26 (11) "Institutional investor" means any of the following, whether 27 acting for itself or for others in a fiduciary capacity: 28 (A) a depository institution or international banking 29 institution; 30 (B) an insurance company; 31 (C) a separate account of an insurance company; 32 (D) an investment company as defined in the Investment 33 Company Act of 1940; 34 (E) a broker-dealer registered under the Securities Exchange 35 Act of 1934; 36 (F) an employee pension, profit-sharing, or benefit plan if the 37 plan has total assets in excess of ten million dollars 38 ($10,000,000) or its investment decisions are made by a 39 named fiduciary, as defined in the Employee Retirement 40 Income Security Act of 1974, that is a broker-dealer registered 41 under the Securities Exchange Act of 1934, an investment 42 adviser registered or exempt from registration under the 2024 IN 1267—LS 6912/DI 92 314 1 Investment Advisers Act of 1940, an investment adviser 2 registered under this article, a depository institution, or an 3 insurance company; 4 (G) a plan established and maintained by a state, a political 5 subdivision of a state, or an agency or instrumentality of a state 6 or a political subdivision of a state for the benefit of its 7 employees, if the plan has total assets in excess of ten million 8 dollars ($10,000,000) or its investment decisions are made by 9 a duly designated public official or by a named fiduciary, as 10 defined in the Employee Retirement Income Security Act of 11 1974, that is a broker-dealer registered under the Securities 12 Exchange Act of 1934, an investment adviser registered or 13 exempt from registration under the Investment Advisers Act 14 of 1940, an investment adviser registered under this article, a 15 depository institution, or an insurance company; 16 (H) a trust, if it has total assets in excess of ten million dollars 17 ($10,000,000), its trustee is a depository institution, and its 18 participants are exclusively plans of the types identified in 19 clause (F) or (G), regardless of the size of their assets, except 20 a trust that includes as participants self-directed individual 21 retirement accounts or similar self-directed plans; 22 (I) an organization described in Section 501(c)(3) of the 23 Internal Revenue Code (26 U.S.C. 501(c)(3)), corporation, 24 Massachusetts trust or similar business trust, limited liability 25 company, or partnership, not formed for the specific purpose 26 of acquiring the securities offered, with total assets in excess 27 of ten million dollars ($10,000,000); 28 (J) a small business investment company licensed by the Small 29 Business Administration under Section 301(c) of the Small 30 Business Investment Act of 1958 (15 U.S.C. 681(c)) with total 31 assets in excess of ten million dollars ($10,000,000); 32 (K) a private business development company, as defined in 33 Section 202(a)(22) of the Investment Advisers Act of 1940 (15 34 U.S.C. 80b-2(a)(22)) with total assets in excess of ten million 35 dollars ($10,000,000); 36 (L) a federal covered investment adviser acting for its own 37 account; 38 (M) a "qualified institutional buyer", as defined in Rule 39 144A(a)(1), other than Rule 144A(a)(1)(i)(H), adopted under 40 the Securities Act of 1933 (17 CFR 230.144A); 41 (N) a "major U.S. institutional investor", as defined in Rule 42 15a-6(b)(4)(i) adopted under the Securities Exchange Act of 2024 IN 1267—LS 6912/DI 92 315 1 1934 (17 CFR 240.15a-6); 2 (O) any other person, other than an individual, of institutional 3 character with total assets in excess of ten million dollars 4 ($10,000,000) not organized for the specific purpose of 5 evading this article; or 6 (P) any other person specified by rule adopted or order issued 7 under this article. 8 (12) "Insurance company" means a company organized as an 9 insurance company whose primary business is writing insurance 10 or reinsuring risks underwritten by insurance companies and 11 which is subject to supervision by the insurance commissioner or 12 a similar official or agency of a state. 13 (13) "Insured" means insured as to payment of all principal and 14 all interest. 15 (14) "International banking institution" means an international 16 financial institution of which the United States is a member and 17 whose securities are exempt from registration under the Securities 18 Act of 1933. 19 (15) "Investment adviser" means a person that, for compensation, 20 engages in the business of advising others, either directly or 21 through publications or writings, as to the value of securities or 22 the advisability of investing in, purchasing, or selling securities or 23 that, for compensation and as a part of a regular business, issues 24 or promulgates analyses or reports concerning securities. The 25 term includes a financial planner or other person that, as an 26 integral component of other financially related services, provides 27 investment advice to others for compensation as part of a business 28 or that holds itself out as providing investment advice to others 29 for compensation. The term does not include: 30 (A) an investment adviser representative; 31 (B) a lawyer, accountant, engineer, or teacher whose 32 performance of investment advice is solely incidental to the 33 practice of the person's profession; 34 (C) a broker-dealer or its agents whose performance of 35 investment advice is solely incidental to the conduct of 36 business as a broker-dealer and that does not receive special 37 compensation for the investment advice; 38 (D) a publisher of a bona fide newspaper, news magazine, or 39 business or financial publication of general and regular 40 circulation; 41 (E) a federal covered investment adviser; 42 (F) a bank, a savings institution, or a trust company that is a 2024 IN 1267—LS 6912/DI 92 316 1 wholly owned subsidiary of a bank or savings institution; 2 (G) any other person that is excluded by the Investment 3 Advisers Act of 1940 from the definition of investment 4 adviser; or 5 (H) any other person excluded by rule adopted or order issued 6 under this article. 7 (16) "Investment adviser representative" means an individual 8 employed by or associated with an investment adviser or federal 9 covered investment adviser and who makes any recommendations 10 or otherwise gives investment advice regarding securities, 11 manages accounts or portfolios of clients, determines which 12 recommendation or advice regarding securities should be given, 13 provides investment advice or holds herself or himself out as 14 providing represents that the individual provides investment 15 advice, or supervises employees who perform any of the 16 foregoing. The term does not include an individual who: 17 (A) performs only clerical or ministerial acts; 18 (B) is an agent whose performance of investment advice is 19 solely incidental to the individual acting as an agent and who 20 does not receive special compensation for investment advisory 21 services; 22 (C) is employed by or associated with a federal covered 23 investment adviser, unless the individual has a "place of 24 business" in this state, as that term is defined by rule adopted 25 under Section 203A of the Investment Advisers Act of 1940 26 (15 U.S.C. 80b-3a), and is: 27 (i) an "investment adviser representative", as that term is 28 defined by rule adopted under Section 203A of the 29 Investment Advisers Act of 1940 (15 U.S.C. 80b-3a); or 30 (ii) not a "supervised person", as that term is defined in 31 Section 202(a)(25) of the Investment Advisers Act of 1940 32 (15 U.S.C. 80b-2(a)(25)); or 33 (D) is excluded by rule adopted or order issued under this 34 article. 35 (17) "Issuer" means a person that issues or proposes to issue a 36 security, subject to the following: 37 (A) The issuer of a voting trust certificate, collateral trust 38 certificate, certificate of deposit for a security, or share in an 39 investment company without a board of directors or 40 individuals performing similar functions is the person 41 performing the acts and assuming the duties of depositor or 42 manager under the trust or other agreement or instrument 2024 IN 1267—LS 6912/DI 92 317 1 under which the security is issued. 2 (B) The issuer of an equipment trust certificate or similar 3 security serving the same purpose is the person by which the 4 property is or will be used or to which the property or 5 equipment is or will be leased or conditionally sold or that is 6 otherwise contractually responsible for assuring payment of 7 the certificate. 8 (C) The issuer of a fractional undivided interest in an oil, gas, 9 or other mineral lease or in payments out of production under 10 a lease, right, or royalty is the owner of an interest in the lease 11 or in payments out of production under a lease, right, or 12 royalty, whether whole or fractional, that creates fractional 13 interests for the purpose of sale. 14 (18) "Nonissuer transaction" or "nonissuer distribution" means a 15 transaction or distribution not directly or indirectly for the benefit 16 of the issuer. 17 (19) "Offer to purchase" includes an attempt or offer to obtain, or 18 solicitation of an offer to sell, a security or interest in a security 19 for value. The term does not include a tender offer that is subject 20 to Section 14(d) of the Securities Exchange Act of 1934 (15 21 U.S.C. 78n(d)). 22 (20) "Person" means an individual; corporation; business trust; 23 estate; trust; partnership; limited liability company; association; 24 joint venture; government; governmental subdivision, agency, or 25 instrumentality; public corporation; or any other legal or 26 commercial entity. 27 (21) "Place of business" of a broker-dealer, an investment adviser, 28 or a federal covered investment adviser means: 29 (A) an office at which the broker-dealer, investment adviser, 30 or federal covered investment adviser regularly provides 31 brokerage or investment advice or solicits, meets with, or 32 otherwise communicates with customers or clients; or 33 (B) any other location that is held out to the general public as 34 a location at which the broker-dealer, investment adviser, or 35 federal covered investment adviser provides brokerage or 36 investment advice or solicits, meets with, or otherwise 37 communicates with customers or clients. 38 (22) "Predecessor act" means IC 23-2-1 (before its repeal). 39 (23) "Price amendment" means the amendment to a registration 40 statement filed under the Securities Act of 1933 or, if an 41 amendment is not filed, the prospectus or prospectus supplement 42 filed under the Securities Act of 1933 that includes a statement of 2024 IN 1267—LS 6912/DI 92 318 1 the offering price, underwriting and selling discounts or 2 commissions, amount of proceeds, conversion rates, call prices, 3 and other matters dependent upon the offering price. 4 (24) "Principal place of business" of a broker-dealer or an 5 investment adviser means the executive office of the 6 broker-dealer or investment adviser from which the officers, 7 partners, or managers of the broker-dealer or investment adviser 8 direct, control, and coordinate the activities of the broker-dealer 9 or investment adviser. 10 (25) "Record", except in the phrases "of record", "official record", 11 and "public record", means information that is inscribed on a 12 tangible medium or that is stored in an electronic or other medium 13 and is retrievable in perceivable form. 14 (26) "Sale" includes every contract of sale, contract to sell, or 15 disposition of a security or interest in a security for value, and 16 "offer to sell" includes every attempt or offer to dispose of, or 17 solicitation of an offer to purchase, a security or interest in a 18 security for value. Both terms include: 19 (A) a security given or delivered with, or as a bonus on 20 account of, a purchase of securities or any other thing 21 constituting part of the subject of the purchase and having 22 been offered and sold for value; 23 (B) a gift of assessable stock involving an offer and sale; and 24 (C) a sale or offer of a warrant or right to purchase or 25 subscribe to another security of the same or another issuer and 26 a sale or offer of a security that gives the holder a present or 27 future right or privilege to convert the security into another 28 security of the same or another issuer, including an offer of the 29 other security. 30 (27) "Securities and Exchange Commission" means the United 31 States Securities and Exchange Commission. 32 (28) "Security" means a note; stock; treasury stock; security 33 future; bond; debenture; evidence of indebtedness; certificate of 34 interest or participation in a profit-sharing agreement; collateral 35 trust certificate; preorganization certificate or subscription; 36 transferable share; investment contract; voting trust certificate; 37 certificate of deposit for a security; fractional undivided interest 38 in oil, gas, or other mineral rights; put, call, straddle, option, or 39 privilege on a security, certificate of deposit, or group or index of 40 securities, including an interest therein or based on the value 41 thereof; put, call, straddle, option, or privilege entered into on a 42 national securities exchange relating to foreign currency; or, in 2024 IN 1267—LS 6912/DI 92 319 1 general, an interest or instrument commonly known as a 2 "security"; or a certificate of interest or participation in, temporary 3 or interim certificate for, receipt for, guarantee of, or warrant or 4 right to subscribe to or purchase, any of the foregoing. The term: 5 (A) includes both a certificated and an uncertificated security; 6 (B) does not include an insurance or endowment policy or 7 annuity contract under which an insurance company promises 8 to pay a fixed or variable sum of money either in a lump sum 9 or periodically for life or another specified period; 10 (C) does not include an interest in a contributory or 11 noncontributory pension or welfare plan subject to the 12 Employee Retirement Income Security Act of 1974; 13 (D) includes as an "investment contract" an investment in a 14 common enterprise with the expectation of profits to be 15 derived primarily from the efforts of a person other than the 16 investor and a "common enterprise" means an enterprise in 17 which the fortunes of the investor are interwoven with those of 18 either the person offering the investment, a third party, or other 19 investors; and 20 (E) includes as an "investment contract", among other 21 contracts, an interest in a limited partnership and a limited 22 liability company and an investment in a viatical settlement or 23 similar agreement. 24 (29) "Self-regulatory organization" means a national securities 25 exchange registered under the Securities Exchange Act of 1934, 26 a national securities association of broker-dealers registered under 27 the Securities Exchange Act of 1934, a clearing agency registered 28 under the Securities Exchange Act of 1934, or the Municipal 29 Securities Rulemaking Board established under the Securities 30 Exchange Act of 1934. 31 (30) "Sign" means, with present intent to authenticate or adopt a 32 record: 33 (A) to execute or adopt a tangible symbol; or 34 (B) to attach or logically associate with the record an 35 electronic symbol, sound, or process. 36 (31) "Third party solicitor" means a person that, for 37 compensation, directly or indirectly, solicits a client for or refers 38 a client to an investment adviser, a federal covered investment 39 adviser, or an investment adviser representative. The term does 40 not include the following: 41 (A) An employee subject to the supervision and control of an 42 investment adviser registered under IC 23-19-4-3. 2024 IN 1267—LS 6912/DI 92 320 1 (B) A "supervised person", as defined in Section 202(a)(25) of 2 the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(25)). 3 (C) A partner, officer, director, or employee of a person that 4 controls, is controlled by, or is under common control with an 5 investment adviser or a federal covered investment adviser. 6 (D) An individual excluded by a rule adopted or order issued 7 under this article. 8 (32) "State" means a state of the United States, the District of 9 Columbia, Puerto Rico, the United States Virgin Islands, or any 10 territory or insular possession subject to the jurisdiction of the 11 United States. 12 (33) "Accredited investor" has the meaning set forth in 17 CFR 13 230.501(a). 14 SECTION 521. IC 24-2-1-12, AS AMENDED BY P.L.135-2006, 15 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2024]: Sec. 12. (a) A person who shall for himself or herself, 17 the person's own use, or on behalf of any other person, procure the 18 filing or registration of any mark in the office of the secretary under 19 this chapter by knowingly making a false or fraudulent representation 20 or declaration orally, in writing, or by other fraudulent means, is liable 21 for all damages sustained in consequence of the filing or registration. 22 (b) The damages may be recovered by or on behalf of the injured 23 party in a court of competent jurisdiction. 24 SECTION 522. IC 24-4-4-1 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. It shall be unlawful 26 for any person, firm, limited liability company, or corporation, by 27 himself or itself, or by his or its servants or as the servant or agent of 28 another, to sell or offer for sale or delivery at retail any coal or coke 29 which is sold by weight, unless each such delivery is accompanied by 30 a delivery ticket and a duplicate thereof, upon each of which tickets and 31 duplicates thereof shall be written or otherwise indicated: 32 (a) the name and address of the person, firm, limited liability 33 company, corporation, or association selling and delivering or 34 attempting to sell or deliver such commodity; 35 (b) the gross weight of the load, the tare weight of the delivering 36 vehicle, and the net amount in weight of the commodity being 37 delivered in such vehicle; 38 (c) the name or identifying initials of the party who weighed it; 39 (d) the state in which the coal was mined, the name of the coal, 40 brand or trade name, if any; 41 (e) the number of the vein or seam from which the coal was taken; 42 and 2024 IN 1267—LS 6912/DI 92 321 1 (f) the size and grade thereof, which size of all grades must be 2 designated according to the openings in the screens over and 3 through which each such size of coal is made at the place of 4 production. 5 One (1) of such delivery tickets or the duplicate thereof shall be 6 delivered and surrendered to the person or persons in charge of the 7 delivery of such load of commodities to the purchaser thereof or to his 8 the person's agent or representative, and the other ticket or duplicate 9 shall be retained by the person, firm, limited liability company, or 10 corporation making such sale for a period of not less than twelve (12) 11 months from date of sale. All coal or coke so sold or delivered shall 12 consist of the kind, quality, and weight in all respects as described and 13 indicated in such delivery ticket and duplicate thereof, and it shall 14 constitute a violation of this chapter to sell or deliver or substitute any 15 other kind and quality or weight of coal or coke than that so described 16 and indicated, and proof of the sale, delivery, or substitution of any coal 17 or coke which is not of the kind, quality, and weight so described and 18 indicated shall constitute prima facie evidence and proof of intent to 19 violate this section. 20 SECTION 523. IC 24-4-4-7 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. It shall be unlawful 22 for any person, firm, limited liability company, or corporation, by 23 himself or itself, or by his or its agent or servant, or as agent or servant 24 of another, to advertise by any false statement, either oral or written, or 25 to publish or display any false sign, printing, or writing concerning the 26 grade, size, quality, vein or seam, brand or trade name, name of mine 27 in which produced, or origin of such coal or coke sold or delivered, or 28 offered by him, it, or them for sale or delivery. For the purpose of this 29 chapter, the term "size" where used in reference to coal shall be 30 construed to mean the various grades into which coal is screened, 31 namely, lump, block, egg, nut, and screenings, and the size of all such 32 grades of coal must be designated according to the openings in the 33 screens over and through which each such size of coal is made at the 34 place of production. Abbreviations or words, terms, or phrases 35 describing the size, preparation, or origin of coal or coke shall not be 36 included in any advertisement as mentioned in this chapter. Any 37 person, firm, limited liability company, or corporation violating any of 38 the provisions of this section shall be subject to the provisions of 39 section 5 of this chapter. 40 SECTION 524. IC 24-6-3-8 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The division of 42 weights and measures, the division's deputies and inspectors, and the 2024 IN 1267—LS 6912/DI 92 322 1 county and city inspectors of weights and measures are hereby made 2 special policemen police officers and are authorized and empowered 3 to arrest without formal warrant for any violation of the statutes in 4 relation to scales, weights and measures, and to seize and use for 5 evidence and without formal warrant any false weight, scales, measure, 6 or weighing or measuring device, or packages or amounts of 7 commodities found to be used, retained or offered or exposed for sale 8 or sold in violation of law. 9 SECTION 525. IC 24-6-6-2 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Every person, firm, 11 limited liability company, or corporation who, by himself itself or by 12 his its agent or employee, packs or repacks fresh fruits or vegetables in 13 containers intended for sale, either privately or on the open market, 14 shall cause the same to be marked in a plain and indelible manner, as 15 follows: 16 (1) With his the person's full name and address, including the 17 name of the state where such fresh fruits and vegetables are 18 grown or packed. 19 (2) The net contents, by weight, if not in a standard container built 20 in accordance with the specifications of the federal or state 21 standard container act, in which case the cubical contents shall be 22 sufficient. 23 (3) The grade, in accordance with the standards established by 24 this act. 25 All markings shall be in letters not less than one-half (1/2) of an inch 26 in height. 27 SECTION 526. IC 25-2.1-2-6 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) Each year the 29 board shall elect a member as chairman. chairperson. 30 (b) The board may annually elect a member to fill an office that the 31 board determines is appropriate. 32 SECTION 527. IC 25-4-1-3, AS AMENDED BY P.L.249-2019, 33 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2024]: Sec. 3. The board shall organize by the election of a 35 chairman chairperson and vice chairman, chairperson, each of whom 36 shall serve for a term of one (1) year. The first meeting of the board 37 shall be held within thirty (30) days after the members thereof shall 38 have been appointed, on call of the chairman chairperson of the board. 39 Thereafter, the board shall hold at least two (2) regular meetings each 40 year and may hold such special meetings, as the board in its discretion 41 considers necessary or advisable. The time for holding the regular 42 meetings, the method of calling special meetings and the manner of 2024 IN 1267—LS 6912/DI 92 323 1 giving notice of all meetings shall be prescribed in the bylaws of the 2 board. A quorum of the board consists of a majority of the appointed 3 members. Approval by a majority of all members of the board shall be 4 required for action to be taken. The board shall adopt official seals 5 representing the different professions that shall be affixed to all 6 certificates of registration granted and issued as provided in this 7 chapter. Subject to the approval of the governor, the board is hereby 8 authorized to make bylaws and prescribe and promulgate rules as 9 considered necessary in the performance of its duty. The board shall 10 adopt rules establishing standards for the competent practice of 11 architecture and landscape architecture, and for the administration of 12 the registered architects and registered landscape architects 13 investigative fund established by section 32 of this chapter. Suitable 14 office quarters shall be provided for the use of the board in the city of 15 Indianapolis. 16 SECTION 528. IC 25-6.1-2-2, AS AMENDED BY P.L.177-2015, 17 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2024]: Sec. 2. (a) The commission shall, at its first meeting 19 each year, at a time and place established by the chairman, 20 chairperson, conduct an election of officers and such other business 21 as may be appropriate. The commission shall also meet upon the call 22 of the chairman chairperson or upon the request of any two (2) 23 members of the commission. The secretary shall provide reasonable 24 notice of the time and place of each meeting to all members. 25 (b) Three (3) members constitute a quorum for the purpose of 26 transacting business. A majority vote of the commission is necessary 27 to bind the commission. 28 SECTION 529. IC 25-6.1-2-3, AS AMENDED BY P.L.177-2015, 29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 3. (a) At the first meeting held each year, the 31 commission shall elect from its membership a chairman chairperson 32 and a vice chairman. chairperson. Each officer shall serve for a term 33 of one (1) year and until the officer's successor is elected. 34 (b) The chairman chairperson shall preside at all meetings of the 35 commission. 36 (c) The vice chairman chairperson shall act as presiding officer in 37 the absence of the chairman chairperson and shall perform such other 38 duties as the chairman chairperson may direct. 39 (d) The commission shall be provided with an executive secretary 40 by the licensing agency. The person provided may not be a member of 41 the commission. 42 (e) The executive secretary, through the licensing agency, shall: 2024 IN 1267—LS 6912/DI 92 324 1 (1) notify all members of meetings; 2 (2) keep a record of all meetings of the commission, votes taken 3 by the commission, and other proceedings, transactions, 4 communications, official acts, and records of the commission; and 5 (3) perform other duties as the chairman chairperson directs. 6 SECTION 530. IC 25-6.1-3-1, AS AMENDED BY P.L.59-2014, 7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2024]: Sec. 1. Coverage. (a) Except as provided in subsection 9 (b), no individual may act as an auctioneer and no person may operate 10 an auction company without obtaining and having in full force and 11 effect a valid license issued by the commission in accordance with this 12 chapter. 13 (b) The requirements of this article do not apply to: 14 (1) An auction of goods or real estate conducted exclusively by 15 individuals who personally own such goods or real estate and who 16 did not acquire such goods or real estate for resale. 17 (2) An auction conducted by or under the direction of any public 18 authority. 19 (3) An auction conducted pursuant to any judicial order or to the 20 settlement of a decedent's estate. 21 (4) A sale conducted by or on behalf of any political party, 22 church, charitable corporation, or association if the individual 23 conducting the sale receives no compensation and does not, by 24 advertising or otherwise, hold himself or herself out as being 25 available represent availability to others to engage in the sale 26 of goods or real estate at auction. 27 SECTION 531. IC 25-10-1-1.5, AS AMENDED BY P.L.249-2019, 28 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2024]: Sec. 1.5. (a) There is created a board of chiropractic 30 examiners. The board shall consist of five (5) members appointed by 31 the governor, not more than three (3) of whom may be affiliated with 32 the same political party. Subject to IC 25-1-6.5-3, four (4) of the board 33 members must be licensed under this chapter and must have had at 34 least five (5) years of experience as a chiropractor prior to their 35 appointment. Subject to IC 25-1-6.5-3, one (1) member is to represent 36 the general public and must be: 37 (1) a resident of this state; and 38 (2) in no way associated with the profession of chiropractic other 39 than as a consumer. 40 (b) All members appointed before July 1, 2019, shall be appointed 41 for a term of three (3) years and serve until their successors are 42 appointed and qualified. 2024 IN 1267—LS 6912/DI 92 325 1 (c) Members appointed after June 30, 2019, are appointed under 2 IC 25-1-6.5. 3 (d) A member of the board may be removed under IC 25-1-6.5-4. 4 (e) The members of the board are entitled to the minimum salary per 5 diem provided by IC 4-10-11-2.1(b). Members are also entitled to 6 reimbursement for traveling expenses as provided under IC 4-13-1-4 7 and other expenses actually incurred in connection with the member's 8 duties as provided in the state policies and procedures established by 9 the Indiana department of administration and approved by the budget 10 agency. 11 (f) The members of the board shall organize by the election of a 12 chairman chairperson and a vice chairman chairperson from among 13 its membership. The officers serve for a term of one (1) year. The board 14 shall meet at least once each year and on other occasions as it considers 15 necessary and advisable. A meeting of the board may be called by its 16 chairman chairperson or by a majority of the members on the board. 17 Three (3) members of the board constitute a quorum for the transaction 18 of business. All decisions are required to be made by a majority vote of 19 the quorum. 20 (g) The agency shall provide a secretary of the board and other 21 personnel necessary for the proper performance of the board's duties 22 and responsibilities under this chapter. The board, through the agency, 23 shall receive and account for all money collected under this chapter and 24 pay the money to the treasurer of state to be deposited by the treasurer 25 in the general fund of the state. 26 (h) The board may do the following: 27 (1) Establish reasonable application, examination, and renewal 28 procedures for certification under this chapter. 29 (2) Use an examination under this chapter that is designed by the 30 board, designed by another person, or designed in part by the 31 board and in part by another person. 32 (3) Conduct in the manner prescribed by the board examinations 33 of applicants for certification under this chapter. The board may 34 conduct any part of the examinations through a person other than 35 the agency who is approved by the board. The agency may 36 conduct any part of the examinations under IC 25-1-5-4. 37 (4) Issue, deny, suspend, revoke, and renew certificates. 38 (5) Subject to IC 25-1-7, investigate and conduct hearings, upon 39 complaint against individuals certified or not certified under this 40 chapter, concerning alleged violation of this chapter with hearings 41 to be conducted in accordance with IC 4-21.5. 42 (6) Initiate the prosecution and enjoinder of a person violating this 2024 IN 1267—LS 6912/DI 92 326 1 chapter. 2 (7) Adopt rules necessary for the proper performance of the 3 board's duties, in accordance with IC 4-22-2. 4 (8) Maintain a current list of individuals certified under this 5 chapter. 6 (9) Establish a code of professional conduct. 7 (10) Adopt rules under IC 4-22-2 to allow chiropractors licensed 8 under this chapter to delegate the manual manipulation, manual 9 adjustment, or manual mobilization of the spinal column or the 10 vertebral column under section 14(c)(4) of this chapter. 11 (11) Adopt rules under IC 4-22-2 establishing standards for the 12 registration and regulation of chiropractic management 13 consultants (as defined by the board under IC 25-10-2). 14 (12) Set fees for the annual registration of a chiropractic 15 management consultant under IC 25-10-2. 16 (13) Adopt rules under IC 4-22-2 establishing health and 17 sanitation standards that conform to public health standards for 18 dry needling. 19 (i) The board shall adopt rules establishing standards for the 20 competent practice of the science of the chiropractic in accordance 21 with IC 4-22-2. 22 (j) All expenses incurred in the administration of this chapter shall 23 be paid from the state general fund upon appropriation being made in 24 the manner provided by law for the making of appropriations. 25 SECTION 532. IC 25-13-1-11, AS AMENDED BY P.L.35-2020, 26 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 27 JULY 1, 2024]: Sec. 11. A person is deemed to be practicing dental 28 hygiene within the meaning of this chapter who: 29 (1) uses the titles "Licensed Dental Hygienist", "Dental 30 Hygienist", or the letters "L.D.H.", "R.D.H.", or "D.H." in 31 connection with his or her the person's name; 32 (2) holds himself or herself out represents to the public in any 33 manner that he or she the person can or will render services as a 34 dental hygienist; 35 (3) removes calcific deposits or accretions from the surfaces of 36 human teeth or cleans or polishes such teeth; 37 (4) applies and uses within the patient's mouth such antiseptic 38 sprays, washes, or medicaments for the control or prevention of 39 dental caries as his or her the person's employer dentist may 40 direct; 41 (5) treats gum disease; 42 (6) uses impressions and x-ray photographs for treatment 2024 IN 1267—LS 6912/DI 92 327 1 purposes; or 2 (7) administers local dental anesthetics or nitrous oxide, except 3 for the administration of local dental anesthetics or nitrous oxide 4 by: 5 (A) a dentist as provided in IC 25-14-1-23(a)(6); 6 (B) a physician licensed under IC 25-22.5; or 7 (C) a dental assistant (as defined in IC 25-14-1-1.5(4)) in 8 compliance with section 10.7 of this chapter. 9 SECTION 533. IC 25-15-9-2, AS AMENDED BY P.L.249-2019, 10 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 2. (a) The board consists of five (5) members as 12 follows: 13 (1) Four (4) members appointed by the governor. 14 (2) Subject to IC 25-1-6.5-3, one (1) member who must: 15 (A) be a resident of Indiana; and 16 (B) not be associated with the practice of funeral service or 17 cemetery operation other than as a consumer. 18 (b) Members are appointed under IC 25-1-6.5. 19 (c) A member of the board may be removed under IC 25-1-6.5-4. 20 (d) The board shall elect a chairman chairperson from the board's 21 own membership every two (2) years to serve a term of two (2) years. 22 The chairman chairperson shall be elected alternately from those 23 board members appointed under sections 3 and 4 of this chapter. 24 SECTION 534. IC 25-17.6-2-8, AS AMENDED BY P.L.108-2022, 25 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 8. (a) The board shall elect from its members a 27 chairman chairperson each year. 28 (b) The board shall elect a secretary each year. The secretary is not 29 required to be elected from the members of the board. 30 SECTION 535. IC 25-17.6-3-1, AS AMENDED BY P.L.108-2022, 31 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2024]: Sec. 1. (a) The board shall meet: 33 (1) at least two (2) times each calendar year; and 34 (2) at other times considered necessary by: 35 (A) the chairman; chairperson; or 36 (B) a quorum of the board; 37 upon being given at least ten (10) days notice. 38 (b) Each year the board shall: 39 (1) determine the cost incurred by the survey in administering the 40 program for the licensure of professional geologists under this 41 article; and 42 (2) if necessary, adjust the amount of the: 2024 IN 1267—LS 6912/DI 92 328 1 (A) licensure fee charged under IC 25-17.6-4-7; and 2 (B) renewal fee charged under IC 25-17.6-5-2; 3 to ensure that the program is self-supporting. 4 SECTION 536. IC 25-21.5-2-8 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) Each year the 6 board shall elect a member as chairman chairperson and a member as 7 vice chairman. chairperson. 8 (b) If the chairman chairperson and vice chairman chairperson are 9 absent from a meeting of the board when a quorum exists, the members 10 who are present may elect a presiding officer who shall serve as acting 11 chairman chairperson until the conclusion of the meeting or until the 12 arrival of the chairman chairperson or vice chairman. chairperson. 13 SECTION 537. IC 25-21.5-7-2, AS AMENDED BY P.L.57-2013, 14 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2024]: Sec. 2. (a) The board shall issue a certificate of 16 enrollment as a surveyor intern upon the payment of the certificate fee 17 prescribed in this chapter to any applicant who, in the opinion of the 18 board, has satisfactorily met all of the requirements of this article. 19 (b) A certificate of enrollment as a surveyor intern must state that 20 the applicant has successfully passed the examination in fundamental 21 surveying subjects required by the board and has been enrolled as a 22 surveyor intern. A certificate of enrollment must: 23 (1) show the full name of the surveyor intern; 24 (2) bear a serial number and date; and 25 (3) be signed by the chairman chairperson and the secretary, 26 under the seal of the board. 27 (c) The issuance of a certificate by the board is evidence that the 28 person named on the certificate is entitled to all the rights and 29 privileges of a surveyor intern until the certificate expires or is revoked. 30 SECTION 538. IC 25-23.6-2-5 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. The board shall elect 32 a chairman chairperson from among the members of the board for a 33 one (1) year term. An individual may not be elected as chairman 34 chairperson for more than two (2) consecutive one (1) year terms. 35 SECTION 539. IC 25-24-1-17 IS AMENDED TO READ AS 36 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. The following are 37 unlawful and a violation of this chapter: 38 (1) For any person or persons to open an office for the purpose of 39 practicing optometry in this state, or to announce to the public in 40 any way an intention to practice optometry in any county in this 41 state, without first having obtained a license from the board. 42 (2) For any person or persons, except a licensed optometrist or 2024 IN 1267—LS 6912/DI 92 329 1 optometrists under this chapter whose licenses have not been 2 revoked or lapsed, to hold himself out represent to others by the 3 use of any sign, newspaper, advertisement, pamphlet, circular, or 4 any other means as qualified to practice optometry. 5 (3) For any person or persons, except a licensed optometrist or 6 optometrists under this chapter whose licenses have not been 7 revoked or lapsed, to have possession of any trial lenses, trial 8 frames, graduated test cards, or other appliances or instruments 9 used in the practice of optometry for the purpose of rendering 10 assistance to patrons in the selection of contact lenses, lenses, or 11 eyeglasses, or to sell ophthalmic lenses or to replace broken 12 contact lenses or lenses in eyeglasses except upon the prescription 13 of a regularly licensed optometrist, or a physician and surgeon 14 exempted by this chapter. An ophthalmic lens, within the meaning 15 of this chapter, is any lens which has a spherical or cylindrical or 16 prismatic power or value and is ground pursuant to a prescription. 17 (4) For any person, not licensed under this chapter or who has not 18 paid the annual renewal fee as in this chapter provided to be paid, 19 to practice optometry as defined in this chapter. 20 SECTION 540. IC 25-26-13-29, AS AMENDED BY P.L.209-2018, 21 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2024]: Sec. 29. (a) It is unlawful: 23 (1) For any person to display or permit to be displayed, a 24 pharmacy permit in any facility or place of business other than 25 that for which it was issued. 26 (2) For any person to accept a prescription for filling or 27 compounding at any place or facility for which there is not a valid 28 pharmacy permit. 29 (3) For any person to operate a pharmacy or to take, assume, 30 exhibit, display, or advertise by any medium, the title "drugs", 31 "prescriptions", "medicine", "drug store", "pharmacy", or 32 "apothecary shop", or any combination of such titles or any other 33 title, symbol, term, or description of like import intended to cause 34 the public to believe that it is a pharmacy unless the person holds 35 a valid pharmacy permit. 36 (4) For any person to engage or offer to engage in the practice of 37 pharmacy or to hold himself or herself oneself out as a pharmacist 38 without a valid pharmacist's license that is classified as active by 39 the board. 40 (b) A person who violates a provision of subsection (a) commits a 41 Level 6 felony. 42 (c) Nothing in this chapter shall apply to, nor in any manner 2024 IN 1267—LS 6912/DI 92 330 1 interfere with the business of a general merchant in selling and 2 distributing nonnarcotic, nonprescription medicines or drugs which are 3 prepackaged, fully prepared by the manufacturer for use by the 4 consumer, and labeled in accordance with the requirements of the state 5 and federal food and drug acts. 6 (d) This chapter does not apply to, or in any manner interfere with, 7 the business of a manufacturer in selling and delivering a dialysate 8 drug or a device that is necessary for home peritoneal renal dialysis for 9 a patient who has end stage renal disease if all of the following apply: 10 (1) The dialysate drug or device is approved by the federal Food 11 and Drug Administration under federal law. 12 (2) The dialysate drug or device is held by the manufacturer, a 13 third party logistics provider, or a wholesale drug distributor in 14 accordance with the requirements of IC 25-26-14. 15 (3) The dialysate drug or device is delivered in the manufacturer's 16 original, sealed packaging. 17 (4) The dialysate drug or device is delivered only upon: 18 (A) receipt of a physician's prescription by a pharmacy that 19 holds a pharmacy permit under this chapter; and 20 (B) the transmittal of an order from the pharmacy described in 21 clause (A) to the manufacturer, third party logistics provider, 22 or wholesale drug distributor. 23 (5) The manufacturer, third party logistics provider, or wholesale 24 drug distributor delivers the dialysate drug or device directly to: 25 (A) the patient or the patient's designee for self-administration 26 of the dialysis therapy; or 27 (B) a health care provider for administration of the dialysis 28 therapy to the patient. 29 SECTION 541. IC 25-28.5-1-2, AS AMENDED BY P.L.1-2006, 30 SECTION 469, IS AMENDED TO READ AS FOLLOWS 31 [EFFECTIVE JULY 1, 2024]: Sec. 2. As used in this chapter: 32 (1) "Plumbing" means the practice of and the materials and fixtures 33 used in the installation, maintenance, extension, and alteration of all 34 piping, fixtures, appliances, and appurtenances in connection with any 35 of the following: 36 (A) Sanitary drainage or storm drainage facilities, the venting 37 system, and the public or private water supply systems, within or 38 adjacent to any building or structure. 39 (B) The practice and materials used in the installation, 40 maintenance, extension, or alteration of the stormwater, liquid 41 waste, or sewerage, and water supply systems of any premises to 42 the private property line or to their connection with any point of 2024 IN 1267—LS 6912/DI 92 331 1 public disposal or other acceptable terminal. 2 The term does not include the planning, designing, and installation of 3 sanitation and water systems in vehicles commonly known as mobile 4 homes, the drilling of wells, the installation of pumps, pressure tanks, 5 and piping incidental to the drilling or repair of a well system, the sale 6 or installation of water softening equipment and apparatuses and 7 services of the same, or the business of manufacturing or selling 8 plumbing fixtures; appliances, equipment, or hardware; the installation 9 of automatic sprinklers, the overhead or underground water supplies or 10 standpipes when connected to an automatic sprinkler system or to their 11 related devices or appurtenances connecting thereto; nor does the term 12 include the work referred to in section 32(i) of this chapter; nor does 13 the term include the planning or design of water supply or sewage 14 systems which would ordinarily be performed as "the practice of 15 engineering", as defined in IC 25-31-1, or the "practice of architecture", 16 as defined in IC 25-4-1. 17 (2) "Plumbing contractor" means any person who, for compensation, 18 undertakes to, or submits a bid to, or does himself or herself or by 19 others, construct, repair, alter, remodel, add to, subtract from, or 20 improve plumbing, including through the employment of others, and 21 who is responsible for substantially all the plumbing within the entire 22 project, or one who fabricates units or plumbing substantially 23 completed and ready for installation. 24 (3) "Journeyman plumber" means a person who engages or offers to 25 engage in, as an occupation or trade, the construction, installation, 26 alteration, maintenance, repair, remodeling, or removal and 27 replacement of plumbing under the supervision, direction, and 28 responsibility of a licensed plumbing contractor. 29 (4) "Maintenance person" means a person who is employed on a 30 permanent basis to keep the premises of a business establishment in 31 good repair. 32 (5) "Contracting" means, except as exempted in this chapter, 33 engaging in a business as a contractor. 34 (6) "Person" means a natural person, except in the case of a 35 plumbing contractor, in which case it may mean the partners or 36 members of a partnership, limited partnership, or any form of 37 unincorporated enterprise, owned by two (2) or more persons, and as 38 applied to "corporation" in addition to the corporate entity means the 39 officers or directors and employees thereof. 40 (7) "Commission" means the Indiana plumbing commission created 41 by this chapter. 42 (8) "License" means a certificate issued by the commission 2024 IN 1267—LS 6912/DI 92 332 1 established by this chapter which confers upon the holder the privilege 2 to act as a plumbing contractor or a journeyman plumber as defined in 3 this chapter. 4 (9) "Farmstead" means a farm dwelling together with other 5 buildings, structures, equipment, piping, and other plumbing materials 6 and supplies, located upon a parcel of real estate used primarily for 7 agricultural purposes located outside the corporate limits of a 8 municipality and not connected to a public water supply. 9 (10) "Licensing agency" means the Indiana professional licensing 10 agency established under IC 25-1-5-3. 11 (11) "Apprentice plumber" means an individual who: 12 (A) is learning the plumbing trade; and 13 (B) is under the direction and immediate supervision of a licensed 14 plumbing contractor or a licensed journeyman plumber. 15 (12) "Registration" means the granting of a certificate by the 16 commission that authorizes an individual to act as an apprentice 17 plumber. 18 SECTION 542. IC 25-28.5-1-6 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. The commission 20 shall annually organize and select one (1) of the members as chairman 21 chairperson and one (1) of the members to serve as secretary, both to 22 serve for a term of one (1) year. The commission, through the licensing 23 agency, shall keep a record of all its proceedings, transactions, 24 communications, official acts, and records and shall perform said other 25 duties as required by law. 26 SECTION 543. IC 25-28.5-1-9, AS AMENDED BY P.L.249-2019, 27 SECTION 118, IS AMENDED TO READ AS FOLLOWS 28 [EFFECTIVE JULY 1, 2024]: Sec. 9. The secretary shall call all 29 meetings of the commission as directed by the chairman chairperson 30 or upon request in writing by two (2) members, and at such time and 31 places, within the state of Indiana as the commission business may 32 require. Sufficient notice shall be given to permit members to attend all 33 meetings. A quorum of the board consists of a majority of the 34 appointed members. Meetings of the commission may be held pursuant 35 to written waiver of notice signed by all the members of the 36 commission. A record shall be kept of all proceedings at meetings and 37 of the vote taken on each act or transaction of the commission, and a 38 majority vote of all members shall be required to bind the commission. 39 SECTION 544. IC 25-29-2-6 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The board shall 41 hold at least one (1) meeting each year. The board may hold additional 42 meetings that the board considers necessary. 2024 IN 1267—LS 6912/DI 92 333 1 (b) A meeting may be called by the chairman chairperson or by a 2 majority of the members of the board. 3 SECTION 545. IC 25-29-2-7 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Each year the board 5 shall elect a chairman chairperson and any other officers from its 6 members that the board considers necessary. 7 SECTION 546. IC 25-30-1.3-6, AS AMENDED BY P.L.3-2008, 8 SECTION 199, IS AMENDED TO READ AS FOLLOWS 9 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) For purposes of this section, 10 "industrial plant" means a factory, business, or concern that is engaged 11 primarily in the manufacture or assembly of goods or the processing of 12 raw materials, or both. 13 (b) This chapter does not apply to the following: 14 (1) A law enforcement officer of the United States, a state, or a 15 political subdivision of a state to the extent that the officer is 16 engaged in the performance of the officer's official duties. 17 (2) An employee to the extent that the employee is hired for the 18 purpose of guarding and protecting the properties of railroad 19 companies and is licensed as a railroad policeman police officer 20 under IC 8-3-17, to the extent that the employee is engaged in the 21 performance of the employee's official duties. 22 (3) The owner of an industrial plant or an employee of the owner 23 of an industrial plant to the extent that the owner or the employee 24 is hiring a plant security guard for the owner's industrial plant. 25 (4) A retail merchant or an employee of the retail merchant to the 26 extent that the retail merchant or the employee is hiring a security 27 guard for the retail merchant's retail establishment. 28 SECTION 547. IC 25-31-1-5, AS AMENDED BY P.L.2-2014, 29 SECTION 109, IS AMENDED TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The board shall hold in the 31 city of Indianapolis at least two (2) regular meetings each year and 32 special meetings as the board considers necessary. Regular and special 33 meetings must be held at times and places as the rules of the board may 34 provide. Notice of all meetings must be given according to IC 5-14-1.5. 35 (b) The board shall elect, annually, from its own members, a 36 chairman chairperson and a vice chairman. chairperson. 37 (c) A quorum of the board consists of four (4) members and no 38 official action of any meeting may be taken without at least four (4) 39 votes being in accord. 40 (d) Suitable office quarters shall be provided by the state for the use 41 of the board in the city of Indianapolis. This office may be shared with 42 the state board of registration for professional surveyors. 2024 IN 1267—LS 6912/DI 92 334 1 SECTION 548. IC 25-31-1-10 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) The board shall 3 keep a record of its proceedings and a record of all applications for 4 registration. The record shall show: 5 (1) the name, age, and residence of each applicant; 6 (2) the date of the application; 7 (3) the place of business of the applicant; 8 (4) the applicant's education and other qualifications; 9 (5) whether or not an examination was required; 10 (6) whether or not the applicant was rejected; 11 (7) whether a certificate of registration was granted; 12 (8) the date of the action of the board; and 13 (9) any other information as may be deemed necessary by the 14 board. 15 (b) The records of the board are prima facie evidence of the 16 proceedings of the board. 17 (c) A transcript of the proceedings certified by the chairman 18 chairperson and attested by the secretary of the board, under its seal, 19 shall be admissible in evidence with the same force and effect as if the 20 original were produced. 21 SECTION 549. IC 25-33-1-3, AS AMENDED BY P.L.249-2019, 22 SECTION 126, IS AMENDED TO READ AS FOLLOWS 23 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) There is created a board to be 24 known as the "state psychology board". The board shall consist of five 25 (5) members appointed by the governor. 26 (b) Subject to IC 25-1-6.5-3, four (4) of the board members shall be 27 licensed under this article and shall have had at least five (5) years of 28 experience as a professional psychologist prior to their appointment. 29 (c) Subject to IC 25-1-6.5-3, the fifth member shall be appointed to 30 represent the general public, must be a resident of this state, must never 31 have been credentialed in a mental health profession, and must in no 32 way be associated with the profession of psychology other than as a 33 consumer. 34 (d) All members shall: 35 (1) if appointed before July 1, 2019, be appointed for a term of 36 three (3) years; and 37 (2) if appointed after June 30, 2019, be appointed under 38 IC 25-1-6.5. 39 (e) A member may be removed under IC 25-1-6.5-4. 40 (f) Each member of the board is entitled to the minimum salary per 41 diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to 42 reimbursement for traveling expenses and other expenses actually 2024 IN 1267—LS 6912/DI 92 335 1 incurred in connection with the member's duties, as provided in the 2 state travel policies and procedures established by the Indiana 3 department of administration and approved by the state budget agency. 4 (g) The members of the board shall organize by the election of a 5 chairman chairperson and a vice chairman chairperson from among 6 its membership. Such officers shall serve for a term of one (1) year. 7 The board shall meet at least once in each calendar year and on such 8 other occasions as it considers necessary and advisable. A meeting of 9 the board may be called by its chairman chairperson or by a majority 10 of the members on the board. A quorum of the board consists of a 11 majority of the appointed members. A majority of the quorum may 12 transact business. 13 (h) The board is empowered to do the following: 14 (1) Establish reasonable application, examination, and renewal 15 procedures and set fees for licensure under this article. However, 16 no fee collected under this article shall, under any circumstances, 17 be refunded. 18 (2) Adopt and enforce rules concerning assessment of costs in 19 disciplinary proceedings before the board. 20 (3) Establish examinations of applicants for licensure under this 21 article and issue, deny, suspend, revoke, and renew licenses. 22 (4) Subject to IC 25-1-7, investigate and conduct hearings, upon 23 complaint against individuals licensed or not licensed under this 24 article, concerning alleged violation of this article, under 25 procedures conducted in accordance with IC 4-21.5. 26 (5) Initiate the prosecution and enjoinder of any person violating 27 this article. 28 (6) Adopt rules which are necessary for the proper performance 29 of its duties, in accordance with IC 4-22-2. 30 (7) Establish a code of professional conduct. 31 (i) The board shall adopt rules establishing standards for the 32 competent practice of psychology. 33 (j) All expenses incurred in the administration of this article shall be 34 paid from the general fund upon appropriation being made in the 35 manner provided by law for the making of such appropriations. 36 (k) The agency shall do the following: 37 (1) Carry out the administrative functions of the board. 38 (2) Provide necessary personnel to carry out the duties of this 39 article. 40 (3) Receive and account for all fees required under this article. 41 (4) Deposit fees collected with the treasurer of state for deposit in 42 the state general fund. 2024 IN 1267—LS 6912/DI 92 336 1 (l) This section may not be interpreted to prevent a licensed or 2 certified health care professional from practicing within the scope of 3 the health care professional's: 4 (1) license or certification; and 5 (2) training or credentials. 6 SECTION 550. IC 25-34.1-2-2 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The commission 8 shall elect from its membership a chairman chairperson and a vice 9 chairman. chairperson. The chairman chairperson and vice chairman 10 chairperson shall serve in that capacity for one (1) year and until a 11 successor is elected. The chairman chairperson and vice chairman 12 chairperson may serve consecutively no more than two (2) terms in 13 that capacity. The chairman chairperson shall preside at all meetings. 14 The vice chairman chairperson shall preside at meetings in the 15 absence of the chairman chairperson and shall perform other duties as 16 the chairman chairperson may direct. 17 (b) The licensing agency shall provide to the commission an 18 executive director. The executive director may not be a member of the 19 commission. The executive director shall: 20 (1) provide reasonable notice to all commission members of the 21 time and place of each meeting; 22 (2) keep a record of all meetings, of all votes taken by the 23 commission, and of all other proceedings, transactions, 24 communications, official acts, and records of the commission; 25 (3) keep a current file of all licenses and licensees; and 26 (4) perform any other duties which the commission may 27 prescribe. 28 SECTION 551. IC 25-34.1-2-3 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The commission 30 shall meet upon the call of the chairman chairperson or at the written 31 request of any seven (7) members of the commission. The chairman 32 chairperson shall establish the time and place of all meetings. 33 (b) A majority of the current members of the commission constitutes 34 a quorum at a meeting for the purpose of transacting business. A 35 majority vote of all members present at a meeting is necessary to bind 36 the commission. 37 (c) Any action required or permitted to be taken at a meeting of the 38 commission may be taken without a meeting if, prior to that action: 39 (1) a written consent to the action, either executed as a single 40 document or in counterparts, is signed by all members of the 41 commission; or 42 (2) all members orally consent to the action and subsequently 2024 IN 1267—LS 6912/DI 92 337 1 confirm that consent in writing. 2 The written consent or confirmation shall set forth the action under 3 consideration and shall be filed with the minutes of the meetings which 4 are kept by the executive director. A written consent or a confirmed 5 oral consent shall be treated for all purposes as a unanimous vote of the 6 members and as though the vote had taken place at a regular meeting 7 of the commission. 8 SECTION 552. IC 25-34.1-9-7 IS AMENDED TO READ AS 9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. The council shall 10 elect from the council's membership a chairman chairperson and a 11 vice chairman. chairperson. 12 SECTION 553. IC 25-34.1-9-8 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. The council shall 14 meet upon the call of the chairman chairperson or at the request of the 15 commission. The chairman chairperson shall establish the time and 16 place of all meetings. 17 SECTION 554. IC 25-35.6-1-2, AS AMENDED BY P.L.212-2005, 18 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2024]: Sec. 2. (a) As used in this article, "board" means the 20 speech-language pathology and audiology board established by this 21 article. 22 (b) As used in this article, "person" means any individual, 23 organization, or corporate body, except that only an individual may be 24 licensed under this article. 25 (c) As used in this article, "speech-language pathologist" means an 26 individual who practices speech-language pathology and who presents 27 himself represents to the public by any title or description of services 28 incorporating the words speech pathologist, speech-language 29 pathologist, speech therapist, speech-language specialist, teacher of 30 communication disorders, speech correctionist, speech clinician, 31 language pathologist, language therapist, logopedist, communicologist, 32 voice therapist, voice pathologist, or any similar title or description of 33 service. 34 (d) As used in this article, "speech-language pathology" means the 35 application of nonmedical and nonsurgical principles, methods, and 36 procedures for the following: 37 (1) The prevention, evaluation, habilitation, rehabilitation, 38 instruction, and research of communication and swallowing 39 disorders. 40 (2) The elective modification of communication behaviors. 41 (3) The enhancement of communication, including the use of 42 augmentative or alternate communication strategies. 2024 IN 1267—LS 6912/DI 92 338 1 (e) As used in this article, "audiologist" means an individual who 2 practices audiology and who presents himself represents to the public 3 by any title or description of services incorporating the words 4 audiologist, hearing clinician, hearing therapist, hearing specialist, 5 audiometrist, vestibular specialist, or any similar title or description of 6 service. 7 (f) As used in this article, "audiology" means the application of 8 nonmedical and nonsurgical principles, methods, and procedures of 9 prevention, evaluation, habilitation, rehabilitation, instruction, and 10 research of disorders of hearing, auditory function, and vestibular 11 function. 12 (g) As used in this article, "support personnel" means individuals 13 who meet the qualifications which the board shall establish for the 14 following: 15 (1) Speech-language pathology aide. 16 (2) Speech-language pathology associate. 17 (3) Speech-language pathology assistant. 18 (h) As used in this article, "audiology assistant" means an individual 19 who: 20 (1) is not licensed as an audiologist under this article; 21 (2) meets qualifications which the board may establish; and 22 (3) provides specific services under the direction and supervision 23 of a licensed audiologist. 24 (i) As used in this article, "clinical fellowship" means a supervised 25 professional experience. 26 (j) As used in this article, "direct supervision" means onsite 27 observation and guidance while an assigned evaluation or therapeutic 28 activity is being performed. 29 SECTION 555. IC 25-35.6-1-3, AS AMENDED BY P.L.149-2022, 30 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2024]: Sec. 3. (a) Licensure shall be granted either in 32 speech-language pathology or audiology independently. A person may 33 be licensed in both areas if the person meets the respective 34 qualifications. 35 (b) Except as provided in sections 5.5 and 6.5 of this chapter and 36 IC 25-35.6-5, no person shall practice or represent himself or herself 37 oneself as a speech-language pathologist or audiologist in this state 38 unless the person is licensed in accordance with the provisions of this 39 article. 40 SECTION 556. IC 25-35.6-2-3, AS AMENDED BY P.L.249-2019, 41 SECTION 136, IS AMENDED TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The board may utilize 2024 IN 1267—LS 6912/DI 92 339 1 employees provided by the Indiana professional licensing agency as 2 necessary. 3 (b) The board shall adopt a seal by which it shall authenticate its 4 proceedings. Copies of the proceedings, records, and acts of the board, 5 and certificates purporting to relate the facts concerning such 6 proceedings, records, and acts, that are signed by the chairman 7 chairperson or the executive secretary and authenticated by the seal, 8 shall be prima facie evidence in all courts of this state. 9 (c) Under no circumstances shall the total amount of expenditures 10 incurred by the board exceed the amount of the fees collected as 11 provided in this chapter. 12 SECTION 557. IC 26-1-1-208 IS AMENDED TO READ AS 13 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 208. A term providing 14 that one party or his the party's successor in interest may accelerate 15 payment or performance or require collateral or additional collateral "at 16 will" or "when he deems himself insecure" deemed insecure by the 17 party" or in words of similar import shall be construed to mean that he 18 the party shall have power to do so only if he the party in good faith 19 believes that the prospect of payment or performance is impaired. The 20 burden of establishing lack of good faith is on the party against whom 21 the power has been exercised. 22 SECTION 558. IC 26-1-2-104, AS AMENDED BY P.L.143-2007, 23 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2024]: Sec. 104. (1) "Merchant" means a person who deals in 25 goods of the kind or otherwise by his the person's occupation holds 26 himself is held out as having knowledge or skill peculiar to the 27 practices or goods involved in the transaction or to whom such 28 knowledge or skill may be attributed by his the person's employment 29 of an agent or broker or other intermediary who by his the 30 intermediary's occupation holds himself is held out as having such 31 knowledge or skill. 32 (2) "Financing agency" means a bank, finance company, or other 33 person who in the ordinary course of business makes advances against 34 goods or documents of title or who by arrangement with either the 35 seller or the buyer intervenes in ordinary course to make or collect 36 payment due or claimed under the contract for sale, as by purchasing 37 or paying the seller's draft or making advances against it or by merely 38 taking it for collection whether or not documents of title accompany or 39 are associated with the draft. "Financing agency" includes also a bank 40 or other person who similarly intervenes between persons who are in 41 the position of seller and buyer in respect to the goods (IC 26-1-2-707). 42 (3) "Between merchants" means in any transaction with respect to 2024 IN 1267—LS 6912/DI 92 340 1 which both parties are chargeable with the knowledge or skill of 2 merchants. 3 SECTION 559. IC 26-1-2-305 IS AMENDED TO READ AS 4 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 305. (1) The parties if 5 they so intend can conclude a contract for sale even though the price is 6 not settled. In such a case the price is a reasonable price at the time for 7 delivery if: 8 (a) nothing is said as to price; or 9 (b) the price is left to be agreed by the parties and they fail to agree; 10 or 11 (c) the price is to be fixed in terms of some agreed market or other 12 standard as set or recorded by a third person or agency and it is not so 13 set or recorded. 14 (2) A price to be fixed by the seller or by the buyer means a price for 15 him the seller or the buyer to fix in good faith. 16 (3) When a price left to be fixed otherwise than by agreement of the 17 parties fails to be fixed through fault of one (1) party the other may at 18 his the party's option treat the contract as canceled or himself fix a 19 reasonable price. 20 (4) Where, however, the parties intend not to be bound unless the 21 price be fixed or agreed and it is not fixed or agreed there is no 22 contract. In such a case the buyer must return any goods already 23 received or if unable so to do must pay their reasonable value at the 24 time of delivery and the seller must return any portion of the price paid 25 on account. 26 SECTION 560. IC 26-1-2-312 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 312. (1) Subject to 28 subsection (2) there is in a contract for sale a warranty by the seller that 29 (a) the title conveyed shall be good, and its transfer rightful; and 30 (b) the goods shall be delivered free from any security interest or 31 other lien or encumbrance of which the buyer at the time of contracting 32 has no knowledge. 33 (2) A warranty under subsection (1) will be excluded or modified 34 only by specific language or by circumstances which give the buyer 35 reason to know that the person selling does not claim title in himself 36 the seller's name or that he the seller is purporting to sell only such 37 right or title as he the seller or a third person may have. 38 (3) Unless otherwise agreed a seller who is a merchant regularly 39 dealing in goods of the kind warrants that the goods shall be delivered 40 free of the rightful claim of any third person by way of infringement or 41 the like but a buyer who furnishes specifications to the seller must hold 42 the seller harmless against any such claim which arises out of 2024 IN 1267—LS 6912/DI 92 341 1 compliance with the specifications. 2 SECTION 561. IC 26-1-2-505, AS AMENDED BY P.L.143-2007, 3 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 JULY 1, 2024]: Sec. 505. (1) Where the seller has identified goods to 5 the contract by or before shipment: 6 (a) His The seller's procurement of a negotiable bill of lading to 7 his own the seller's order or otherwise reserves in him a security 8 interest in the goods. His The seller's procurement of the bill to 9 the order of a financing agency or of the buyer indicates in 10 addition only the seller's expectation of transferring that interest 11 to the person named. 12 (b) A nonnegotiable bill of lading to himself the seller or his the 13 seller's nominee reserves possession of the goods as security, but 14 except in a case of conditional delivery (IC 26-1-2-507(2)), a 15 nonnegotiable bill of lading naming the buyer as consignee 16 reserves no security interest even though the seller retains 17 possession or control of the bill of lading. 18 (2) When shipment by the seller with reservation of a security 19 interest is in violation of the contract for sale, it constitutes an improper 20 contract for transportation within IC 26-1-2-504, but impairs neither 21 the rights given to the buyer by shipment and identification of the 22 goods to the contract nor the seller's powers as a holder of a negotiable 23 document of title. 24 SECTION 562. IC 27-1-7-13 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) A corporation 26 has the officers described in its bylaws. However, a corporation must 27 have at least one (1) officer. 28 (b) An officer of a corporation may appoint one (1) or more officers 29 or assistant officers if authorized to do so by the bylaws or the board of 30 directors. 31 (c) The bylaws or the board of directors must delegate to one (1) of 32 the officers responsibility for preparing minutes of the directors' and 33 shareholders' meetings and for authenticating records of the 34 corporation, and that officer is the secretary for purposes of this article. 35 The same individual may simultaneously hold more than one (1) office 36 in the corporation. 37 (d) Each officer of a corporation has the authority and shall perform 38 the duties set forth in the bylaws, to the extent consistent with the 39 bylaws or, the duties prescribed by the board of directors or by 40 direction of an officer authorized by the board of directors to prescribe 41 the duties of other officers. 42 (e) An officer of a corporation may resign at any time by delivering 2024 IN 1267—LS 6912/DI 92 342 1 notice to the board of directors, its chairman, chairperson, the 2 secretary of the corporation or, if the articles of incorporation or bylaws 3 so provide, to another designated officer. A resignation is effective 4 when the notice is delivered unless the notice specifies a later date. If 5 a resignation is made effective at a later date and the corporation 6 accepts the future effective date, its board of directors may fill the 7 pending vacancy before the effective date if the board of directors 8 provides that the successor does not take office until the effective date. 9 (f) The board of directors of a corporation may remove an officer of 10 the corporation at any time with or without cause. An officer who 11 appoints another officer or assistant officer may remove the appointed 12 officer or assistant officer at any time with or without cause. 13 (g) The election or appointment of an officer of a corporation does 14 not itself create contract rights. 15 (h) The removal of an officer of a corporation does not affect the 16 officer's contract rights, if any, with the corporation. An officer's 17 resignation does not affect the corporation's contract rights, if any, with 18 the officer. 19 SECTION 563. IC 27-1-15.6-2, AS AMENDED BY P.L.19-2022, 20 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2024]: Sec. 2. Except as otherwise provided in this section, 22 the following definitions apply throughout this chapter, IC 27-1-15.7, 23 IC 27-1-15.8, and IC 27-7-17: 24 (1) "Bureau" refers to the child support bureau established by 25 IC 31-25-3-1. 26 (2) "Business entity" means a corporation, an association, a 27 partnership, a limited liability company, a limited liability 28 partnership, or another legal entity. 29 (3) "Commissioner" means the insurance commissioner appointed 30 under IC 27-1-1-2. 31 (4) "Consultant" means a person who: 32 (A) holds himself or herself out represents to the public as 33 being engaged in the business of offering; or 34 (B) for a fee, offers; 35 any advice, counsel, opinion, or service with respect to the 36 benefits, advantages, or disadvantages promised under any policy 37 of insurance that could be issued in Indiana. 38 (5) "Delinquent" means the condition of being at least: 39 (A) two thousand dollars ($2,000); or 40 (B) three (3) months; 41 past due in the payment of court ordered child support. 42 (6) "Designated home state license" means a license issued by the 2024 IN 1267—LS 6912/DI 92 343 1 commissioner to an insurance producer who: 2 (A) maintains the insurance producer's principal place of 3 residence or principal place of business in a state that does not 4 license insurance producers for the line of authority for which 5 the insurance producer seeks licensure in Indiana; and 6 (B) is permitted by the commissioner to designate Indiana as 7 the insurance producer's nonresident home state. 8 (7) "FINRA" refers to the independent Financial Industry 9 Regulatory Authority. 10 (8) "Home state" means the District of Columbia or any state or 11 territory of the United States in which an insurance producer: 12 (A) maintains the insurance producer's principal place of 13 residence or principal place of business; and 14 (B) is licensed to act as an insurance producer. 15 This subdivision does not apply to IC 27-1-15.8. 16 (9) "Insurance producer" means a person required to be licensed 17 under the laws of Indiana to sell, solicit, or negotiate insurance. 18 (10) "License" means a document issued by the commissioner 19 authorizing a person to act as an insurance producer for the lines 20 of authority specified in the document. The license itself does not 21 create any authority, actual, apparent, or inherent, in the holder to 22 represent or commit an insurance carrier. 23 (11) "Limited line credit insurance" includes the following: 24 (A) Credit life insurance. 25 (B) Credit disability insurance. 26 (C) Credit property insurance. 27 (D) Credit unemployment insurance. 28 (E) Involuntary unemployment insurance. 29 (F) Mortgage life insurance. 30 (G) Mortgage guaranty insurance. 31 (H) Mortgage disability insurance. 32 (I) Guaranteed automobile protection (gap) insurance. 33 (J) Any other form of insurance: 34 (i) that is offered in connection with an extension of credit 35 and is limited to partially or wholly extinguishing that credit 36 obligation; and 37 (ii) that the insurance commissioner determines should be 38 designated a form of limited line credit insurance. 39 (12) "Limited line credit insurance producer" means a person who 40 sells, solicits, or negotiates one (1) or more forms of limited line 41 credit insurance coverage to individuals through a master, 42 corporate, group, or individual policy. 2024 IN 1267—LS 6912/DI 92 344 1 (13) "Limited lines insurance" means any of the following: 2 (A) The lines of insurance defined in section 18 of this 3 chapter. 4 (B) Any line of insurance the recognition of which is 5 considered necessary by the commissioner for the purpose of 6 complying with section 8(e) of this chapter. 7 (C) For purposes of section 8(e) of this chapter, any form of 8 insurance with respect to which authority is granted by a home 9 state that restricts the authority granted by a limited lines 10 producer's license to less than total authority in the associated 11 major lines described in section 7(a)(1) through 7(a)(6) of this 12 chapter. 13 (14) "Limited lines producer" means a person authorized by the 14 commissioner to sell, solicit, or negotiate limited lines insurance. 15 (15) "Limited lines travel insurance producer" means any of the 16 following: 17 (A) A travel administrator. 18 (B) A licensed managing general agent or third party 19 administrator. 20 (C) A licensed insurance producer, including a limited lines 21 producer. 22 (16) "Negotiate" means the act of conferring directly with or 23 offering advice directly to a purchaser or prospective purchaser of 24 a particular contract of insurance concerning any of the 25 substantive benefits, terms, or conditions of the contract, provided 26 that the person engaged in that act either sells insurance or 27 obtains insurance from insurers for purchasers. 28 (17) "Offer and disseminate" includes the following acts: 29 (A) Providing general information regarding an insurance 30 policy, including a description of the coverage and price. 31 (B) Processing an application for an insurance policy. 32 (C) Collecting premiums for an insurance policy. 33 (18) "Person" means an individual or a business entity. 34 (19) "Sell" means to exchange a contract of insurance by any 35 means, for money or its equivalent, on behalf of a company. 36 (20) "Solicit" means attempting to sell insurance or asking or 37 urging a person to apply for a particular kind of insurance from a 38 particular company. 39 (21) "Surplus lines producer" means a person who sells, solicits, 40 negotiates, or procures from an insurance company not licensed 41 to transact business in Indiana an insurance policy that cannot be 42 procured from insurers licensed to do business in Indiana. 2024 IN 1267—LS 6912/DI 92 345 1 (22) "Terminate" means: 2 (A) the cancellation of the relationship between an insurance 3 producer and the insurer; or 4 (B) the termination of a producer's authority to transact 5 insurance. 6 (23) "Travel administrator" means a person that directly or 7 indirectly underwrites, collects charges, collateral, or premiums 8 from, or adjusts or settles claims on residents of this state in 9 connection with travel insurance. The term does not include the 10 following: 11 (A) A person working for a travel administrator, to the extent 12 the person's activities are subject to the supervision and 13 control of the travel administrator. 14 (B) An insurance producer selling insurance or engaged in 15 administrative and claims related activities within the scope of 16 the insurance producer's license. 17 (C) A travel retailer offering and disseminating travel 18 insurance that is registered under the license of a limited lines 19 travel insurance producer. 20 (D) An individual adjusting or settling claims in the normal 21 course of the individual's practice or employment as an 22 attorney at law who does not collect charges or premiums in 23 connection with insurance coverage. 24 (E) A business entity that is affiliated with a licensed insurer 25 while acting as a travel administrator for the direct and 26 assumed insurance business of an affiliated insurer. 27 (24) "Travel insurance" means insurance coverage for personal 28 risks incident to planned travel, including the following: 29 (A) Interruption or cancellation of a trip or an event. 30 (B) Loss of baggage or personal effects. 31 (C) Damage to accommodations or rental vehicles. 32 (D) Sickness, accident, disability, or death that occurs during 33 travel. 34 (E) Emergency evacuation. 35 (F) Repatriation of remains. 36 (G) Any other contractual obligation to indemnify or pay a 37 specified amount to a traveler upon determinable 38 contingencies related to travel, as approved by the 39 commissioner. 40 The term does not include a major medical plan that provides 41 comprehensive medical insurance for a traveler on a trip that lasts 42 at least six (6) months, including a traveler who is an individual 2024 IN 1267—LS 6912/DI 92 346 1 who works overseas as an expatriate or is deployed as a member 2 of the military, or any other product that requires a specific 3 insurance producer license. 4 (25) "Travel retailer" means a business entity that makes, 5 arranges, or offers planned travel and may offer or disseminate 6 travel insurance as a service to its customers on behalf of and 7 under the direction of a limited lines travel insurance producer. 8 SECTION 564. IC 27-1-15.6-19.9, AS ADDED BY P.L.19-2022, 9 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2024]: Sec. 19.9. (a) The commissioner may issue a limited 11 lines travel insurance producer license to a person that files an 12 application with the commissioner for a limited lines travel producer 13 insurance license in the form and manner prescribed by the 14 commissioner. A limited lines travel insurance producer licensed under 15 this subsection may sell, solicit, or negotiate travel insurance through 16 a licensed insurer. A person may not act as a limited lines travel 17 insurance producer unless properly licensed or as a travel insurance 18 retailer unless properly registered. 19 (b) A travel retailer may offer and disseminate travel insurance 20 under a limited lines travel insurance producer business entity license 21 only if the following conditions are met: 22 (1) The travel retailer or limited lines travel insurance provider 23 provides the following information to purchasers of a travel 24 insurance policy: 25 (A) A description of the material terms or the actual material 26 terms of the insurance coverage. 27 (B) A description of the process for filing a claim. 28 (C) A description of the review or cancellation process for the 29 travel insurance policy. 30 (D) The identity and contact information of the insurer and 31 limited lines travel insurance producer. 32 (2) At the time of licensure, the limited lines travel insurance 33 producer establishes and maintains a register, on a form 34 prescribed by the commissioner, of each travel retailer that offers 35 travel insurance on behalf of the limited lines travel insurance 36 producer. The register must be maintained and updated by the 37 limited lines travel insurance producer and include the name, 38 address, and contact information of the travel retailer, the 39 individual who directs or controls the travel retailer's operations, 40 and the travel retailer's federal tax identification number. The 41 limited lines travel insurance producer must submit the register 42 to the department upon reasonable request. The limited lines 2024 IN 1267—LS 6912/DI 92 347 1 travel insurance producer must also certify the travel retailer 2 registered complies with 18 U.S.C. 1033. The grounds for 3 suspension and revocation and the penalties applicable to resident 4 insurance producers under section 12 of this chapter apply to 5 travel retailers and limited lines travel insurance producers 6 operating under this subsection. 7 (3) The limited lines travel insurance producer designates an 8 individual employee who is a licensed insurance producer as the 9 designated responsible producer responsible for the travel 10 retailer's compliance with the travel insurance laws and 11 regulations applicable to the limited lines travel insurance 12 producer and its registrants. 13 (4) The designated responsible producer, president, secretary, 14 treasurer, and any other officer or individual who directs or 15 controls the operations of the limited lines travel insurance 16 producer complies with the fingerprinting requirements 17 applicable to insurance producers in the resident state of the 18 limited lines travel insurance producer. 19 (5) The limited lines travel insurance producer pays all applicable 20 licensing fees required by state law. 21 (6) The limited lines travel insurance producer requires each 22 employee and authorized representative of the travel retailer 23 whose duties include offering and disseminating travel insurance 24 to receive a training program, which is subject to the review and 25 approval of the commissioner. The training material must, at a 26 minimum, contain adequate instructions on the types of insurance 27 offered, ethical sales practices, and required disclosures to 28 prospective purchasers. 29 (c) A travel retailer that offers or disseminates travel insurance must 30 make available to prospective purchasers any brochures or other 31 written materials approved by the travel insurer. The brochures or other 32 written materials must include, at a minimum, the following 33 information: 34 (1) The identity and contact information of the insurer and the 35 limited lines travel insurance producer. 36 (2) An explanation that the purchase of travel insurance is not 37 required to purchase any other product or service from the travel 38 retailer. 39 (3) An explanation that an unlicensed travel retailer is permitted 40 to provide only general information about the travel insurance 41 offered by the travel retailer, including a description of the 42 coverage and price, but is not qualified or authorized to answer 2024 IN 1267—LS 6912/DI 92 348 1 technical questions about the terms and conditions of the travel 2 insurance offered by the travel retailer or to evaluate the adequacy 3 of the prospective purchaser's existing insurance coverage. 4 (d) An employee or authorized representative of a travel retailer 5 who is not licensed as an insurance producer may not: 6 (1) evaluate or interpret the technical terms, benefits, or 7 conditions of the offered travel insurance coverage; 8 (2) evaluate or provide advice concerning a prospective 9 purchaser's existing insurance coverage; or 10 (3) hold himself or herself out represent to the public as a 11 licensed insurer, licensed producer, or insurance expert. 12 (e) Notwithstanding any other law, a travel retailer whose insurance 13 related activities, including the activities of its employees and 14 authorized representatives, are limited to offering and disseminating 15 travel insurance on behalf of and under the direction of a limited lines 16 travel insurance producer as required under this section may receive 17 related compensation upon registration by the limited lines travel 18 insurance producer as required in subsection (b)(2). 19 (f) As an insurer's designee, a limited lines insurance producer is 20 responsible for the acts of a travel retailer and shall use reasonable 21 means to ensure compliance of the travel retailer with this section. 22 (g) Any person licensed in a major line of authority as an insurance 23 producer is authorized to sell, solicit, and negotiate travel insurance. A 24 property and casualty insurance producer is not required to become 25 appointed by an insurer to sell, solicit, or negotiate travel insurance. 26 SECTION 565. IC 27-1-29-5, AS AMENDED BY P.L.46-2023, 27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2024]: Sec. 5. (a) The Indiana political subdivision risk 29 management commission is created as a separate body corporate and 30 politic, constituting an instrumentality of the state for the public 31 purposes set out in this chapter, but not a state agency. The commission 32 is separate from the state in its corporate and sovereign capacity. The 33 purpose of the commission is aiding political subdivisions in protecting 34 themselves against liabilities. The commission is not subject to 35 IC 27-6-8, and the Indiana guaranty association created by IC 27-6-8-5 36 has no obligation to insureds or claimants of the commission. 37 (b) The commission consists of the insurance commissioner, who 38 shall serve as chairman, chairperson, and nine (9) other commission 39 members. Except for the insurance commissioner, the members of the 40 commission shall be appointed by the governor for a term of four (4) 41 years. No more than five (5) commission members appointed by the 42 governor under this section may be members of the same political 2024 IN 1267—LS 6912/DI 92 349 1 party. The commission members appointed by the governor under this 2 section must include one (1) resident of each congressional district in 3 Indiana. The commission shall elect one (1) of the appointed 4 commission members as secretary of the commission. 5 (c) A commission member may be reappointed to the commission. 6 (d) In appointing commission members under this section, the 7 governor shall consider the qualifications, expertise, and background 8 that would provide the proper talent to administer this chapter. To the 9 degree possible, the members must have backgrounds in educational 10 administration, risk management, and governance of a political 11 subdivision and must include persons with knowledge of insurance 12 matters. 13 (e) A vacancy occurring on the commission shall be filled through 14 the appointment of a resident of the same congressional district as the 15 vacating commission member for the unexpired term of the 16 commission member leaving the commission. 17 (f) Each member of the commission who is not a state employee is 18 entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). 19 Such a commission member is also entitled to reimbursement for 20 traveling expenses and other expenses actually incurred in connection 21 with the member's duties, as provided in the state travel policies and 22 procedures established by the department of administration and 23 approved by the state budget agency. 24 (g) Each member of the commission who is a state employee is 25 entitled to reimbursement for traveling expenses and other expenses 26 actually incurred in connection with the commission member's duties, 27 as provided in the state travel policies and procedures established by 28 the department of administration and approved by the state budget 29 agency. 30 (h) All property of the commission is public property devoted to an 31 essential public and governmental function and purpose and is exempt 32 from all taxes and special assessments of the state or a political 33 subdivision of the state. 34 (i) The term of a member of the commission expires upon the 35 expiration of this chapter under section 29 of this chapter. 36 SECTION 566. IC 27-8-10-2.1, AS AMENDED BY P.L.229-2011, 37 SECTION 251, IS AMENDED TO READ AS FOLLOWS 38 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. (a) There is established a 39 nonprofit legal entity to be referred to as the Indiana comprehensive 40 health insurance association, which must assure that health insurance 41 is made available throughout the year to each eligible Indiana resident 42 applying to the association for coverage. All carriers, health 2024 IN 1267—LS 6912/DI 92 350 1 maintenance organizations, limited service health maintenance 2 organizations, and self-insurers providing health insurance or health 3 care services in Indiana must be members of the association. The 4 association shall operate under a plan of operation established and 5 approved under subsection (c) and shall exercise its powers through a 6 board of directors established under this section. 7 (b) The board of directors of the association consists of nine (9) 8 members whose principal residence is in Indiana selected as follows: 9 (1) Four (4) members to be appointed by the commissioner from 10 the members of the association, one (1) of which must be a 11 representative of a health maintenance organization. 12 (2) Two (2) members to be appointed by the commissioner shall 13 be consumers representing policyholders. 14 (3) Two (2) members shall be the state budget director or 15 designee and the commissioner of the department of insurance or 16 designee. 17 (4) One (1) member to be appointed by the commissioner must be 18 a representative of health care providers. 19 The commissioner shall appoint the chairman chairperson of the 20 board, and the board shall elect a secretary from its membership. The 21 term of office of each appointed member is three (3) years, subject to 22 eligibility for reappointment. Members of the board who are not state 23 employees may be reimbursed from the association's funds for 24 expenses incurred in attending meetings. The board shall meet at least 25 semiannually, with the first meeting to be held not later than May 15 26 of each year. 27 (c) The association shall submit to the commissioner a plan of 28 operation for the association and any amendments to the plan necessary 29 or suitable to assure the fair, reasonable, and equitable administration 30 of the association. The plan of operation becomes effective upon 31 approval in writing by the commissioner consistent with the date on 32 which the coverage under this chapter must be made available. The 33 commissioner shall, after notice and hearing, approve the plan of 34 operation if the plan is determined to be suitable to assure the fair, 35 reasonable, and equitable administration of the association and 36 provides for the sharing of association losses on an equitable, 37 proportionate basis among the member carriers, health maintenance 38 organizations, limited service health maintenance organizations, and 39 self-insurers. If the association fails to submit a suitable plan of 40 operation within one hundred eighty (180) days after the appointment 41 of the board of directors, or at any time thereafter the association fails 42 to submit suitable amendments to the plan, the commissioner shall 2024 IN 1267—LS 6912/DI 92 351 1 adopt rules under IC 4-22-2 necessary or advisable to implement this 2 section. These rules are effective until modified by the commissioner 3 or superseded by a plan submitted by the association and approved by 4 the commissioner. The plan of operation must: 5 (1) establish procedures for the handling and accounting of assets 6 and money of the association; 7 (2) establish the amount and method of reimbursing members of 8 the board; 9 (3) establish regular times and places for meetings of the board of 10 directors; 11 (4) establish procedures for records to be kept of all financial 12 transactions and for the annual fiscal reporting to the 13 commissioner; 14 (5) establish procedures whereby selections for the board of 15 directors will be made and submitted to the commissioner for 16 approval; 17 (6) contain additional provisions necessary or proper for the 18 execution of the powers and duties of the association; and 19 (7) establish procedures for the periodic advertising of the general 20 availability of the health insurance coverages from the 21 association. 22 (d) The plan of operation may provide that any of the powers and 23 duties of the association be delegated to a person who will perform 24 functions similar to those of this association. A delegation under this 25 section takes effect only with the approval of both the board of 26 directors and the commissioner. The commissioner may not approve a 27 delegation unless the protections afforded to the insured are 28 substantially equivalent to or greater than those provided under this 29 chapter. 30 (e) The association has the general powers and authority enumerated 31 by this subsection in accordance with the plan of operation approved 32 by the commissioner under subsection (c). The association has the 33 general powers and authority granted under the laws of Indiana to 34 carriers licensed to transact the kinds of health care services or health 35 insurance described in section 1 of this chapter and also has the 36 specific authority to do the following: 37 (1) Enter into contracts as are necessary or proper to carry out this 38 chapter, subject to the approval of the commissioner. 39 (2) Subject to section 2.6 of this chapter, sue or be sued, including 40 taking any legal actions necessary or proper for recovery of any 41 assessments for, on behalf of, or against participating carriers. 42 (3) Take legal action necessary to avoid the payment of improper 2024 IN 1267—LS 6912/DI 92 352 1 claims against the association or the coverage provided by or 2 through the association. 3 (4) Establish a medical review committee to determine the 4 reasonably appropriate level and extent of health care services in 5 each instance. 6 (5) Establish appropriate rates, scales of rates, rate classifications 7 and rating adjustments, such rates not to be unreasonable in 8 relation to the coverage provided and the reasonable operational 9 expenses of the association. 10 (6) Pool risks among members. 11 (7) Issue policies of insurance on an indemnity or provision of 12 service basis providing the coverage required by this chapter. 13 (8) Administer separate pools, separate accounts, or other plans 14 or arrangements considered appropriate for separate members or 15 groups of members. 16 (9) Operate and administer any combination of plans, pools, or 17 other mechanisms considered appropriate to best accomplish the 18 fair and equitable operation of the association. 19 (10) Appoint from among members appropriate legal, actuarial, 20 and other committees as necessary to provide technical assistance 21 in the operation of the association, policy and other contract 22 design, and any other function within the authority of the 23 association. 24 (11) Hire an independent consultant. 25 (12) Develop a method of advising applicants of the availability 26 of other coverages outside the association. 27 (13) Provide for the use of managed care plans for insureds, 28 including the use of: 29 (A) health maintenance organizations; and 30 (B) preferred provider plans. 31 (14) Solicit bids directly from providers for coverage under this 32 chapter. 33 (15) Subject to section 3 of this chapter, negotiate reimbursement 34 rates and enter into contracts with individual health care providers 35 and health care provider groups. 36 (f) Rates for coverages issued by the association may not be 37 unreasonable in relation to the benefits provided, the risk experience, 38 and the reasonable expenses of providing the coverage. Separate scales 39 of premium rates based on age apply for individual risks. Premium 40 rates must take into consideration the extra morbidity and 41 administration expenses, if any, for risks insured in the association. The 42 rates for a given classification must be equal to one hundred fifty 2024 IN 1267—LS 6912/DI 92 353 1 percent (150%) of the average premium rate for that class charged by 2 the five (5) carriers with the largest premium volume in the state during 3 the preceding calendar year. In determining the average rate of the five 4 (5) largest carriers, the rates charged by the carriers shall be actuarially 5 adjusted to determine the rate that would have been charged for 6 benefits substantially identical to those issued by the association. All 7 rates adopted by the association must be submitted to the commissioner 8 for approval. 9 (g) Following the close of the association's fiscal year, the 10 association shall determine the net premiums, the expenses of 11 administration, and the incurred losses for the year. Twenty-five 12 percent (25%) of any net loss shall be assessed by the association to all 13 members in proportion to their respective shares of total health 14 insurance premiums as reported to the department of insurance, 15 excluding premiums for Medicaid contracts with the state of Indiana, 16 received in Indiana during the calendar year (or with paid losses in the 17 year) coinciding with or ending during the fiscal year of the 18 association. Seventy-five percent (75%) of any net loss shall be paid by 19 the state. In sharing losses, the association may abate or defer in any 20 part the assessment of a member, if, in the opinion of the board, 21 payment of the assessment would endanger the ability of the member 22 to fulfill its contractual obligations. The association may also provide 23 for interim assessments against members of the association if necessary 24 to assure the financial capability of the association to meet the incurred 25 or estimated claims expenses or operating expenses of the association 26 until the association's next fiscal year is completed. Net gains, if any, 27 must be held at interest to offset future losses or allocated to reduce 28 future premiums. Assessments must be determined by the board 29 members specified in subsection (b)(1), subject to final approval by the 30 commissioner. 31 (h) The association shall conduct periodic audits to assure the 32 general accuracy of the financial data submitted to the association, and 33 the association shall have an annual audit of its operations by an 34 independent certified public accountant. 35 (i) The association is subject to examination by the department of 36 insurance under IC 27-1-3.1. The board of directors shall submit, not 37 later than March 30 of each year, a financial report for the preceding 38 calendar year in a form approved by the commissioner. 39 (j) All policy forms issued by the association must conform in 40 substance to prototype forms developed by the association, must in all 41 other respects conform to the requirements of this chapter, and must be 42 filed with and approved by the commissioner before their use. 2024 IN 1267—LS 6912/DI 92 354 1 (k) The association may not issue an association policy to any 2 individual who, on the effective date of the coverage applied for, does 3 not meet the eligibility requirements of section 5.1 of this chapter. 4 (l) The association and the premium collected by the association 5 shall be exempt from the premium tax, the adjusted gross income tax, 6 or any combination of these upon revenues or income that may be 7 imposed by the state. 8 (m) Members who, during any calendar year, have paid one (1) or 9 more assessments levied under this chapter may include in the rates for 10 premiums charged for insurance policies to which this chapter applies 11 amounts sufficient to recoup a sum equal to the amounts paid to the 12 association by the member less any amounts returned to the member 13 insurer by the association, and the rates shall not be deemed excessive 14 by virtue of including an amount reasonably calculated to recoup 15 assessments paid by the member. 16 (n) The association shall provide for the option of monthly 17 collection of premiums. 18 (o) The association shall periodically certify to the budget agency 19 the amount necessary to pay seventy-five percent (75%) of any net loss 20 as specified in subsection (g). 21 SECTION 567. IC 28-7-1-0.5, AS AMENDED BY P.L.129-2020, 22 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 JULY 1, 2024]: Sec. 0.5. The following definitions apply throughout 24 this chapter: 25 (1) "Automated teller machine" (ATM) means a piece of 26 unmanned electronic or mechanical equipment that performs 27 routine financial transactions for authorized individuals. 28 (2) "Branch" office" means an office, agency, or other place of 29 business at which deposits are received, share drafts are paid, or 30 money is lent to members of a credit union. The term does not 31 include: 32 (A) the principal office of a credit union; 33 (B) the principal office of a credit union affiliate; 34 (C) a branch office of a credit union affiliate; 35 (D) an automated teller machine; or 36 (E) a night depository. 37 (3) "Credit union" is a cooperative, nonprofit association, 38 incorporated under this chapter, for the purposes of educating its 39 members in the concepts of thrift and to encourage savings among 40 its members. A credit union should provide a source of credit at 41 a fair and reasonable rate of interest and provide an opportunity 42 for its members to use and control their own money in order to 2024 IN 1267—LS 6912/DI 92 355 1 improve their economic and social condition. 2 (4) "Department" refers to the department of financial institutions. 3 (5) "Surplus" means the credit balance of undivided earnings after 4 losses. The term does not include statutory reserves. 5 (6) "Unimpaired shares" means paid in shares less any losses for 6 which no reserve exists and for which there is no charge against 7 undivided earnings. 8 (7) "Related credit union service organization" means, in 9 reference to a credit union, a credit union service organization (as 10 defined and formed under Part 712 of the regulations of the 11 National Credit Union Administration, 12 CFR 712) in which the 12 credit union has invested under section 9(a)(4) of this chapter. 13 (8) "Premises" means any office, branch, suboffice, service 14 center, parking lot, real estate, or other facility where the credit 15 union transacts or will transact business. 16 (9) "Furniture, fixtures, and equipment" means office furnishings, 17 office machines, computer hardware, computer software, 18 automated terminals, and heating and cooling equipment. 19 (10) "Fixed assets" means: 20 (A) premises; and 21 (B) furniture, fixtures, and equipment. 22 (11) "Audit period" means a twelve (12) month period designated 23 by the board of directors of a credit union. 24 (12) "Community" means: 25 (A) a second class city; 26 (B) a third class city; 27 (C) a town; 28 (D) a county other than a county containing a consolidated 29 city; 30 (E) a census tract; 31 (F) a township; or 32 (G) any other municipal corporation (as defined in 33 IC 36-1-2-10). 34 (13) "Control of a related interest" refers to a situation in which 35 an individual directly or indirectly, or through or in concert with 36 one (1) or more other individuals, possesses any of the following: 37 (A) The ownership of, control of, or power to vote at least 38 twenty-five percent (25%) of any class of voting securities of 39 the related interest. 40 (B) The control in any manner of the election of a majority of 41 the directors of the related interest. 42 (C) The power to exercise a controlling influence over the 2024 IN 1267—LS 6912/DI 92 356 1 management or policies of the related interest. For purposes of 2 this clause, an individual is presumed to have control, 3 including the power to exercise a controlling influence over 4 the management or policies of a related interest, if the 5 individual: 6 (i) is an executive officer or a director of the related interest 7 and directly or indirectly owns, controls, or has the power to 8 vote more than ten percent (10%) of any class of voting 9 securities of the related interest; or 10 (ii) directly or indirectly owns, controls, or has the power to 11 vote more than ten percent (10%) of any class of voting 12 securities of the related interest and no other person owns, 13 controls, or has the power to vote a greater percentage of 14 that class of voting securities. 15 (14) "Executive officer" includes any of the following officers of 16 a credit union: 17 (A) The chairman chairperson of the board of directors. 18 (B) The president. 19 (C) A vice president. 20 (D) The cashier. 21 (E) The secretary. 22 (F) The treasurer. 23 (15) "Immediate family", for purposes of section 17.2 of this 24 chapter, means the spouse of an individual, the individual's minor 25 children, and any of the individual's children, including adults, 26 residing in the individual's home. 27 (16) "Officer" means any individual who is not solely a director 28 or committee member and participates or has the authority to 29 participate in major policymaking functions of a credit union, 30 regardless of whether: 31 (A) the individual has an official title; 32 (B) the individual's title designates the individual as an 33 assistant; or 34 (C) the individual is serving without salary or other 35 compensation. 36 (17) "Related interest", with respect to an individual, means: 37 (A) a partnership, a corporation, or another business 38 organization that is controlled by the individual; or 39 (B) a political campaign committee: 40 (i) controlled by the individual; or 41 (ii) the funds or services of which benefit the individual. 42 (18) Except as provided in section 9(a)(4) of this chapter, "capital 2024 IN 1267—LS 6912/DI 92 357 1 and surplus" means the sum of: 2 (A) undivided profits; 3 (B) reserve for contingencies; 4 (C) regular reserve; and 5 (D) allowance for loan and lease losses. 6 SECTION 568. IC 28-11-1-6, AS AMENDED BY P.L.57-2006, 7 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2024]: Sec. 6. (a) The governor shall designate one (1) of the 9 members as chairman. chairperson. The governor may appoint the 10 director as chairman chairperson under this section. 11 (b) The chairman chairperson has one (1) vote on all matters voted 12 on by the members. 13 SECTION 569. IC 28-11-1-8 IS AMENDED TO READ AS 14 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) During the first 15 meeting after June 30 of each year, the members shall elect the 16 following officers: 17 (1) One (1) member as vice chairman. chairperson. 18 (2) One (1) individual, who need not be a member, as secretary. 19 (3) Other officers considered necessary by the members. 20 (b) The officers elected under subsection (a) hold office for one (1) 21 year and until their successors are elected and qualified. 22 SECTION 570. IC 28-11-1-9 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Each year the 24 members shall hold the following: 25 (1) Regular meetings at times specified by resolution of the 26 members. 27 (2) Special meetings at the call of the chairman. chairperson. 28 SECTION 571. IC 28-11-1-14, AS AMENDED BY P.L.217-2007, 29 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2024]: Sec. 14. All assignments, deeds, instruments, notices, 31 orders, rules, and other documents of the department shall be executed 32 in the name of "The Department of Financial Institutions" by the 33 director or, in case of the director's absence or disability, by: 34 (1) the chairman; chairperson; 35 (2) an officer elected by the members; or 36 (3) an employee of the department designated in writing by the 37 director or the chairman. chairperson. 38 SECTION 572. IC 28-13-9-7 IS AMENDED TO READ AS 39 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A director may 40 resign at any time by delivering written notice: 41 (1) to the board of directors, its chairman, chairperson, or the 42 secretary of the corporation; or 2024 IN 1267—LS 6912/DI 92 358 1 (2) if the articles of incorporation or bylaws so provide, to another 2 designated officer. 3 (b) A resignation is effective when the notice is delivered unless the 4 notice specifies a later effective date. 5 SECTION 573. IC 28-13-12-3, AS AMENDED BY P.L.35-2010, 6 SECTION 204, IS AMENDED TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) An officer may resign at any 8 time by delivering notice: 9 (1) to the board of directors, its chairman, chairperson, or the 10 secretary of the corporation; or 11 (2) if the articles of incorporation or bylaws so provide, to another 12 designated officer. 13 (b) A resignation is effective when the notice is delivered unless the 14 notice specifies a later effective date. If a resignation is made effective 15 at a later date and the corporation accepts the future effective date, the 16 corporation's board of directors may fill the pending vacancy before the 17 effective date if the board of directors provides that the successor does 18 not take office until the effective date. 19 (c) A board of directors may remove any officer at any time with or 20 without cause. 21 (d) An officer who appoints another officer or assistant officer may 22 remove the appointed officer or assistant officer at any time with or 23 without cause. 24 (e) If a corporation replaces the chief executive officer of the 25 corporation, the corporation shall give the department written notice of 26 the replacement not later than thirty (30) days after the chief executive 27 officer is replaced. 28 SECTION 574. IC 29-1-1-22 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 22. Any person 30 considering himself aggrieved by any decision of a court having 31 probate jurisdiction in proceedings under this article may prosecute an 32 appeal to the court having jurisdiction of such appeal. Such appeal 33 shall be taken as appeals are taken in civil causes. Executors, 34 administrators, guardians and fiduciaries may have a stay of 35 proceedings without bond. 36 SECTION 575. IC 29-1-17-10 IS AMENDED TO READ AS 37 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) When the estate 38 is otherwise ready to be distributed, it shall be distributed in kind to 39 whatever extent it is practicable, unless the terms of the will otherwise 40 provide or unless a partition sale is ordered. Except as provided in 41 subsection (b) of this section, any general legatee may elect to take the 42 value of his the legatee's legacy in kind, and any distributee, who by 2024 IN 1267—LS 6912/DI 92 359 1 the terms of the will is to receive land or any other thing to be 2 purchased by the personal representative, may, if he the distributee 3 notifies the personal representative before the thing is purchased, elect 4 to take the purchase price or property of the estate which the personal 5 representative would otherwise sell to obtain such purchase price. 6 Values for the purposes of such distributions in kind shall be 7 determined at a time not more than ten (10) days prior to the filing of 8 the petition for distribution, and if necessary to avoid substantial 9 inequities may be redetermined at any time prior to the order of 10 distribution. 11 (b) If the terms of the will direct the purchase of an annuity, the 12 person to whom the income thereof shall be directed to be paid shall 13 not have the right to elect to take the capital sum directed to be used for 14 such purchase in lieu of such annuity except to the extent that the will 15 expressly provides that an assignable annuity be purchased. Nothing 16 herein contained shall affect the rights of election by a surviving spouse 17 against a testamentary provision as provided in this article. 18 (c) If property distributed in kind or a security interest therein is 19 acquired in good faith for value by a purchaser from or lender to a 20 distributee who has received an instrument or deed of distribution or 21 release from the personal representative, or is so acquired in good faith 22 by a purchaser from or lender to a transferee of the distributee, the 23 purchaser or lender takes title free of any right of an interested person 24 in the estate and incurs no personal liability to the estate, or to any 25 interested person, whether or not the distribution was proper or 26 supported by court order or the authority of the personal representative 27 was terminated before execution of the instrument or deed. This 28 subsection protects a purchaser from or lender to a distributee who, as 29 personal representative, has executed a deed of distribution to himself, 30 the distributee, and a purchaser from or lender to any other distributee 31 or his the distributee's transferee. To be protected under this 32 subsection, a purchaser or lender need not inquire whether a personal 33 representative acted properly in making the distribution in kind, even 34 if the personal representative and the distributee are the same person, 35 or whether the authority of the personal representative had terminated 36 before the distribution. 37 SECTION 576. IC 29-2-1-9 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. A foreign personal 39 representative submits himself to the jurisdiction of the courts of this 40 state by (a) filing authenticated copies of his the personal 41 representative's appointment as provided in section 5 of this chapter, 42 (b) receiving payment of money or taking delivery of personal property 2024 IN 1267—LS 6912/DI 92 360 1 under section 2 of this chapter, or (c) doing any act as a personal 2 representative in this state which would have given the state 3 jurisdiction over him the personal representative as an individual. 4 Jurisdiction under (b) is limited to the money or value of personal 5 property collected. 6 SECTION 577. IC 29-2-6-1 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. When any resident 8 of this state shall have absented himself been absent from his the 9 person's usual place of residence and gone to parts unknown for a 10 space of five (5) years, and when, in such case, thirty (30) days' notice 11 shall have been given to such person by publication in a newspaper of 12 general circulation published at the capital of the state, and also in a 13 paper published in the county where he the person last resided in such 14 state, if there be any, it shall be presumed and taken by the court having 15 probate jurisdiction in the county where such person last resided, or 16 any county of said state where trust funds or an interest therein have 17 been left to such person, as hereinafter set out, that such person is dead, 18 upon presentation of proper proof of such absence and of publication 19 of notice. Any interest any such absentee would have in any property 20 under and by the terms of any will shall be administered upon by the 21 executor of such will the same as though such person were in fact dead; 22 and where, by the terms of any will, a trust has been created in favor of 23 such absentee, such trust shall be terminated and the executor of such 24 will or the trustee in charge of said trust funds shall administer and 25 dispose of such funds as are provided in such will upon the death of the 26 cestui que trust: Provided, however, That before any distribution of any 27 such trust funds shall be made to the person or persons entitled to 28 receive the same, he or they the person or persons shall give security 29 to the approval of the proper circuit or superior court or probate court 30 of the county having jurisdiction thereof, in such sum as the court shall 31 direct, and conditioned that if the absentee shall, in fact, be at the time 32 alive, he or they the person or persons will respectively refund the 33 amounts received by each, with interest, on demand of said cestui que 34 trust, said bond to run and be enforced for the period of three (3) years 35 from the date of the judgment of the court declaring said absentee 36 legally dead, and if, during said period of three (3) years, the absentee 37 shall not appear and demand any rights he the absentee may have in 38 said trust, the rights of the absentee thereto shall be barred; but if the 39 person or persons entitled to receive the same is or are unable to give 40 the security aforesaid, then the court shall appoint a trustee, who shall 41 give bond for the faithful performance of his the trustee's duties in one 42 and one-half times the amount of such money, with sufficient sureties, 2024 IN 1267—LS 6912/DI 92 361 1 who shall invest said money at interest, as the court may direct, which 2 interest is to be paid annually to the person or persons entitled to it, and 3 the money to remain at interest until the security aforesaid is given, and 4 if the absentee does not appear and demand said money and his the 5 absentee's rights in said trust within said period of three (3) years, the 6 court shall order the money so held by such trustee so appointed by 7 said court to be paid to the person or persons entitled to it absolutely. 8 The provisions of this section shall apply to all pending and future 9 administrations of trust funds left to absentees. 10 SECTION 578. IC 30-2-5-3 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. Except as otherwise 12 provided in this chapter, a corporation or transfer agent making a 13 transfer of a security pursuant to an assignment by a fiduciary: 14 (a) may assume without inquiry that the assignment, even though 15 to the fiduciary himself or to his the fiduciary's nominee, is 16 within his the fiduciary's authority and capacity and is not in 17 breach of his any fiduciary duties; 18 (b) may assume without inquiry that the fiduciary has complied 19 with any controlling instrument and with the law of the 20 jurisdiction governing the fiduciary relationship, including any 21 law requiring the fiduciary to obtain court approval of the 22 transfer; and 23 (c) is not charged with notice of and is not bound to obtain or 24 examine any court record or any recorded or unrecorded 25 document relating to the fiduciary relationship or the assignment, 26 even though the record or document is in its possession. 27 SECTION 579. IC 30-4-6-11 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (Appeals) (a) Any 29 person considering himself aggrieved by any decision of a court having 30 jurisdiction in proceedings under this article may prosecute an appeal 31 to the court having jurisdiction of such an appeal. That appeal shall be 32 taken as appeals are taken in civil causes. 33 (b) In an appeal, the trustee will be entitled to a stay of proceedings 34 without bond. 35 SECTION 580. IC 31-16-12-13, AS ADDED BY P.L.80-2010, 36 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 13. If a court finds that a person who holds or has 38 applied for an employee's permit issued under IC 7.1-3-18-9(a)(3) is 39 delinquent (as defined in IC 31-25-4-2) as a result of an intentional 40 violation of an order for child support, the court shall issue an order to 41 the alcohol and tobacco commission that: 42 (1) requires the person's employee's permit be suspended until 2024 IN 1267—LS 6912/DI 92 362 1 further order of the court; 2 (2) orders the chairman chairperson of the alcohol and tobacco 3 commission not to issue an employee's permit to the person who 4 is the subject of the order if the person does not currently hold an 5 employee's permit; or 6 (3) orders the chairman chairperson of the alcohol and tobacco 7 commission not to renew the employee's permit of the person who 8 is the subject of the order. 9 SECTION 581. IC 32-22-1-2 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) This section does 11 not apply to any sale or contract made and entered into before 12 September 19, 1881. 13 (b) In all sales of real estate by a person less than eighteen (18) 14 years of age, the person may not disaffirm the sale without first 15 restoring to the purchaser the consideration received in the sale, if the 16 person falsely represented himself or herself to the purchaser to be at 17 least eighteen (18) years of age and the purchaser acted in good faith, 18 relied upon the person's representations in the sale, and had good cause 19 to believe the person to be at least eighteen (18) years of age. 20 SECTION 582. IC 33-26-2-4 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as 22 otherwise provided in this section, a vacancy on the tax court shall be 23 filled as provided in IC 33-27. 24 (b) Before the expiration of the sixty (60) day period prescribed by 25 IC 33-27-3-4, the governor shall: 26 (1) appoint to the tax court one (1) of the three (3) persons 27 initially nominated by the judicial nominating commission; or 28 (2) reject all the persons initially nominated by the commission. 29 If the governor does reject all the nominees, the governor shall notify 30 the chairman chairperson of the judicial nominating commission of 31 that action. The commission shall then submit the nominations of three 32 (3) new candidates to the governor not later than forty (40) days after 33 receipt of the notice. The governor shall fill the vacancy on the tax 34 court by appointing one (1) of the new candidates within sixty (60) 35 days from the date the names of the new candidates are submitted by 36 the commission. 37 SECTION 583. IC 33-27-2-1 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) The governor 39 shall appoint three (3) nonattorney citizens of Indiana, one (1) each 40 from the First District, the Second District, and the Third District of the 41 court of appeals, as commissioners of the judicial nominating 42 commission. 2024 IN 1267—LS 6912/DI 92 363 1 (b) One (1) month before the expiration of a term of office of a 2 nonattorney commissioner, the governor shall either reappoint the 3 commissioner as provided in section 5 of this chapter or appoint a new 4 nonattorney commissioner. All appointments made by the governor to 5 the judicial nominating commission shall be certified to the secretary 6 of state and to the clerk of the supreme court not later than ten (10) 7 days after the appointment. 8 (c) Except as provided in subsection (e), the governor shall appoint 9 each nonattorney commissioner for a term of three (3) years. 10 (d) An appointed nonattorney commissioner must reside in the court 11 of appeals district for which the nonattorney commissioner was 12 appointed. A nonattorney commissioner is considered to have resigned 13 the position if the residency of the nonattorney commissioner changes 14 from the court of appeals district for which the nonattorney 15 commissioner was appointed. 16 (e) When a vacancy occurs in the office of a nonattorney 17 commissioner, the chairman chairperson of the commission shall 18 promptly notify the governor in writing. Vacancies in the office of 19 nonattorney commissioners shall be filled by appointment by the 20 governor not later than sixty (60) days after the governor receives 21 notice of the vacancy. The term of the nonattorney commissioner 22 appointed to fill the vacancy is for the unexpired term of the member 23 whose vacancy the new nonattorney commissioner has filled. 24 SECTION 584. IC 33-27-3-1 IS AMENDED TO READ AS 25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) When a vacancy 26 occurs in the supreme court, the court of appeals, or the tax court, the 27 clerk of the court shall promptly notify the chairman chairperson of 28 the commission of the vacancy. 29 (b) The chairman chairperson shall call a meeting of the 30 commission not later than twenty (20) days after receiving the notice. 31 (c) The commission shall submit the nominations of three (3) 32 candidates for the vacancy and certify them to the governor as promptly 33 as possible, but not later than seventy (70) days after the time the 34 vacancy occurs. 35 (d) When it is known that a vacancy will occur at a definite future 36 date, but the vacancy has not yet occurred, the clerk shall notify the 37 commission immediately of the future vacancy, and the commission 38 may, not later than sixty (60) days after receiving the notice of the 39 vacancy, make nominations and submit to the governor the names of 40 three (3) persons nominated for the future vacancy. 41 SECTION 585. IC 33-27-3-6 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The judicial 2024 IN 1267—LS 6912/DI 92 364 1 nominating commission shall meet as necessary to discharge the 2 commission's responsibilities under the Constitution of the State of 3 Indiana and the state laws. Meetings of the commission shall be called 4 by the chairman, chairperson, or if the chairman chairperson fails to 5 call a meeting when a meeting is necessary, upon the call of any four 6 (4) members of the commission. When a meeting is called, the 7 chairman chairperson shall give each member of the commission at 8 least five (5) days written notice by mail of the time and place of the 9 meeting unless the commission at its previous meeting designated the 10 time and place of the next meeting. 11 (b) Meetings of the commission must be held at a place in Indiana, 12 as arranged by the chairman chairperson of the commission. 13 (c) The commission shall act only at a meeting and may act only on 14 the concurrence of a majority of the members attending a meeting. The 15 commission may not vote to reduce the number of candidates for 16 further consideration or to submit or not submit the list of nominees 17 under subsection (e) during an executive session. Four (4) members 18 constitute a quorum. 19 (d) The commission may adopt reasonable and proper rules for the 20 conduct of its proceedings and the discharge of its duties. The rules 21 must comply with this chapter and include procedures by which 22 eligible candidates for a vacancy in the supreme court or court of 23 appeals may submit their names to the commission. The rules are 24 public records, and the meetings of the commission at which the rules 25 are considered for initial adoption or amendment must be publicly 26 announced and open to the public. 27 (e) Notwithstanding IC 5-14-1.5-2, the commission is a public 28 agency for the purposes of IC 5-14-1.5. The commission may meet in 29 executive session under IC 5-14-1.5-6.1 for the consideration of a 30 candidate for judicial appointment if: 31 (1) notice of the executive session is given in the manner 32 prescribed by IC 5-14-1.5-5; 33 (2) all interviews of candidates are conducted at meetings open to 34 the public; and 35 (3) copies of all attributable communications (as defined in 36 section 2(i) of this chapter) concerning the candidates have been 37 provided to all commission members and made available for 38 public inspection and copying. 39 SECTION 586. IC 33-33-2-33 IS AMENDED TO READ AS 40 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) The judicial 41 nominating commission consists of seven (7) members, the majority of 42 whom shall form a quorum. The chief justice of the supreme court (or 2024 IN 1267—LS 6912/DI 92 365 1 a justice of the supreme court or judge of the court of appeals 2 designated by the chief justice) shall be a member and shall act as 3 chairman. chairperson. Persons who are admitted to the practice of 4 law and who reside in Allen County shall, under sections 35 and 36 of 5 this chapter, elect three (3) members to serve on the commission. The 6 governor shall appoint to the commission three (3) residents of Allen 7 County who are not admitted to the practice of law. However, not more 8 than two (2) of these appointees may be from the same political party. 9 If the governor fails to appoint any of the nonattorney commission 10 members within the time required under section 34 of this chapter, the 11 appointment shall be made by the chief justice of the supreme court. 12 (b) A member of the commission other than a judge or justice may 13 not hold any other salaried public office, and a member may not hold 14 an office in a political party or organization. A member of the 15 commission is ineligible for appointment to a judicial office in Allen 16 County while the member is a member of the commission and for three 17 (3) years thereafter. If any member of the commission other than a 18 judge or justice terminates the member's residence in Allen County, the 19 member is considered to have resigned from the commission. 20 SECTION 587. IC 33-33-2-34 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 34. (a) The governor 22 shall appoint the three (3) nonattorney members of the commission. 23 (b) One (1) month before the expiration of a term of office of a 24 nonattorney commissioner, the governor shall: 25 (1) reappoint the commissioner; or 26 (2) appoint a replacement. 27 All appointments shall be certified to the secretary of state, the clerk of 28 the supreme court, and the clerk of Allen superior court not more than 29 ten (10) days after the appointment. 30 (c) After their initial terms, the governor shall appoint each 31 nonattorney commissioner for a term of four (4) years. 32 (d) When a vacancy occurs in the office of a nonattorney 33 commissioner, the chairman chairperson of the commission shall 34 promptly notify the governor in writing of that fact. Vacancies in the 35 office of nonattorney commissioners shall be filled by appointment of 36 the governor not more than sixty (60) days after the governor has notice 37 of the vacancy. The nonattorney commissioner appointed shall serve 38 during the unexpired term of the member whose vacancy the 39 nonattorney commissioner has filled. 40 SECTION 588. IC 33-33-2-36 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 36. The attorney 42 members of the commission shall be elected by the following process: 2024 IN 1267—LS 6912/DI 92 366 1 (1) The clerk of the superior court shall, at least ninety (90) days 2 before the date of election, notify all attorneys in Allen County of 3 the election by mail, informing them that nominations must be 4 made to the clerk of the superior court at least sixty (60) days 5 before the election. 6 (2) A nomination in writing, accompanied by a signed petition of 7 ten (10) attorney electors and the written consent of the qualified 8 nominee, shall be filed by an attorney elector in the office of the 9 clerk at least sixty (60) days before the election. 10 (3) The clerk shall prepare and print ballots containing the names 11 and residential addresses of all attorney nominees whose written 12 nominations, petitions, and written statements of consent have 13 been received sixty (60) days before the election. 14 (A) The ballot must read: 15 "ALLEN SUPERIOR COURT 16 NOMINATING COMMISSION BALLOT 17 To be cast by individuals residing in Allen County and admitted to 18 the practice of law in Indiana. Vote for not more than three (3) of the 19 following candidates for terms commencing __________. 20 (Name) (Address) 21 (Name) (Address) 22 (etc.) (etc.) 23 To be counted, this ballot must be completed, the accompanying 24 certificate completed and signed, and both together mailed or delivered 25 to the clerk of the Allen Superior Court not later than 26 ______________. 27 DESTROY BALLOT IF NOT USED". 28 (B) The three (3) nominees receiving the most votes are 29 elected. 30 (4) The clerk shall also supply with each ballot distributed by the 31 clerk a certificate, to be completed and signed and returned by the 32 attorney elector voting the ballot, certifying that the attorney 33 elector is admitted to the practice of law in Indiana, that the 34 attorney elector resides in Allen County, and that the attorney 35 elector voted the ballot returned. A ballot not accompanied by the 36 signed certificate of the voter may not be counted. 37 (5) A separate envelope shall be provided by the clerk for the 38 ballot, in which only the voted ballot is to be placed. This 39 envelope may not be opened until the counting of the ballots. 40 (6) The clerk of the superior court shall mail a ballot and its 41 accompanying material to all qualified electors at least two (2) 42 weeks before the date of election. 2024 IN 1267—LS 6912/DI 92 367 1 (7) Upon receiving the completed ballots and the accompanying 2 certificates, the clerk shall ensure that the certificates have been 3 completed in compliance with this chapter. All ballots that are 4 accompanied by a valid certificate shall be placed in a package 5 designated to contain ballots. All accompanying certificates shall 6 be placed in a separate package. 7 (8) The clerk, with the assistance of the Allen County election 8 board, shall open and canvass all ballots after 4 p.m. on the day 9 of the election in the office of the clerk of the Allen superior 10 court. A ballot received after 4 p.m. may not be counted unless 11 the chairman chairperson of the judicial nominating commission 12 orders an extension of time because of extraordinary 13 circumstances. Upon canvassing the ballots the clerk shall place 14 all ballots in their package. These, along with the certificates, 15 shall be retained in the clerk's office for six (6) months, and the 16 clerk may not permit anyone to inspect them except upon an order 17 of the court of appeals. 18 (9) If two (2) or more nominees are tied so that one (1) additional 19 vote cast for one (1) of them would give that nominee a plurality, 20 the canvassers shall resolve the tie by lot, and the winner of the 21 lot is considered to have been elected. 22 SECTION 589. IC 33-33-2-39 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 39. (a) When a judge 24 of the superior court: 25 (1) dies, resigns, is removed from office; or 26 (2) is for any reason ineligible to continue or incapable of 27 continuing in office until the end of the judge's term in office; 28 a judge in another division may not more than thirty (30) days after the 29 vacancy occurs transfer to the vacant position for the remainder of the 30 transferring judge's term. A judge who has made one (1) transfer is 31 ineligible to make any other transfers. If more than one (1) judge 32 desires to transfer, the most senior of these judges is entitled to transfer. 33 After a transfer, or the thirty (30) day period if a transfer is not made, 34 the commission shall meet to nominate three (3) candidates to fill the 35 unexpired term of the vacancy caused by the transferring judge or the 36 original vacancy if a transfer is not made. 37 (b) The clerk shall promptly notify the members of the commission 38 of a vacancy that the commission must fill under subsection (a), and the 39 chairman chairperson shall call a meeting of the commission within 40 ten (10) days following that notice. The commission shall submit its 41 nominations of three (3) candidates for the vacancy and shall certify 42 them to the governor not later than sixty (60) days after the vacancy 2024 IN 1267—LS 6912/DI 92 368 1 occurred. When it is known that a vacancy will occur at a definite 2 future date within the term of the governor then serving: 3 (1) the clerk shall notify the chairman chairperson and each 4 member of the commission immediately; and 5 (2) the chairman chairperson shall call a meeting of the 6 commission within ten (10) days following that notice. 7 The commission may then submit its nominations of three (3) 8 candidates for each impending vacancy and shall certify them to the 9 governor. 10 (c) Meetings of the commission shall be called by its chairman, 11 chairperson, or, if the chairman chairperson fails to call a necessary 12 meeting, upon the call of any four (4) members of the commission. 13 Written notice of a meeting shall be given by mail to each member of 14 the commission at least five (5) days before the meeting, unless the 15 commission at its previous meeting designated the time and place of its 16 next meeting. 17 (d) Meetings of the commission may be held in the Allen County 18 courthouse or in another public building in Allen County designated by 19 the commission. 20 (e) The commission shall act only at a meeting and may act only by 21 the concurrence of a majority of its members attending a meeting. The 22 commission may adopt rules for the conduct of its proceedings and the 23 discharge of its duties. 24 SECTION 590. IC 33-33-71-35, AS AMENDED BY P.L.204-2021, 25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2024]: Sec. 35. A person who has been appointed to a full four 27 (4) year term upon the commission may not succeed himself or herself 28 serve a successive term or be eligible for appointment to the 29 commission for four (4) years after the expiration of the term to which 30 the person was appointed. 31 SECTION 591. IC 33-33-71-61 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 61. Upon making a 33 determination recommending the censure, retirement, or removal of a 34 judge, the commission on judicial qualifications shall promptly file a 35 copy of the recommendation certified by the chairman chairperson or 36 secretary of the commission, together with the transcript and findings 37 and conclusions, with the clerk of the supreme court and shall promptly 38 mail to the judge and to the counsel notice of the filing, together with 39 a copy of the recommendation, finding, and conclusions. 40 SECTION 592. IC 33-33-71-64 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 64. Subpoenas for the 42 attendance of witnesses and the production of documentary evidence 2024 IN 1267—LS 6912/DI 92 369 1 between the commission on judicial qualifications or for discovery 2 shall be issued by the chairman chairperson of the commission and 3 shall be served in the manner provided by law for the service of 4 process. 5 SECTION 593. IC 33-33-71-66 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 66. All papers and 7 pleadings filed with the chairman chairperson of the commission on 8 judicial qualifications at the chairman's chairperson's office shall be 9 considered filed with the commission. 10 SECTION 594. IC 33-38-13-9 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The commission 12 shall meet as necessary to discharge its statutory and constitutional 13 responsibilities. Meetings of the commission shall be called in the same 14 manner as prescribed for the judicial nominating commission. Four (4) 15 members of the commission constitute a quorum for the transaction of 16 business. 17 (b) Meetings of the commission shall be held in Indiana as the 18 chairman chairperson of the commission arranges. 19 (c) The commission may act only at a meeting. The commission 20 may adopt rules and regulations to conduct meetings and discharge its 21 duties. 22 SECTION 595. IC 33-38-13-24 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 24. (a) The chairman 24 chairperson of the commission may extend the time for: 25 (1) filing an answer; 26 (2) conducting a hearing before the commission; and 27 (3) filing objections to the report of the masters. 28 (b) The presiding master may, with the approval of the chairman 29 chairperson of the commission, extend the time for conducting a 30 hearing before the masters. 31 SECTION 596. IC 33-38-13-28 IS AMENDED TO READ AS 32 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 28. Upon 33 recommending the censure, retirement, or removal of a justice or judge, 34 the commission shall promptly file the following with the clerk of the 35 supreme court: 36 (1) A copy of the recommendation certified by the chairman 37 chairperson or secretary of the commission. 38 (2) A transcript of the evidence. 39 (3) Findings of fact and conclusions of law. 40 The commission shall promptly mail to the justice or judge and the 41 counsel notice of the filing and copies of the filed documents. 42 SECTION 597. IC 33-38-13-31 IS AMENDED TO READ AS 2024 IN 1267—LS 6912/DI 92 370 1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 31. (a) A master may 2 issue a subpoena for: 3 (1) the attendance of witnesses; 4 (2) the production of documentary evidence; or 5 (3) discovery; 6 in a proceeding before the masters. The master shall serve the 7 subpoena in the manner provided by law. 8 (b) The chairman chairperson of the commission may issue a 9 subpoena for: 10 (1) the attendance of witnesses; 11 (2) the production of documentary evidence; or 12 (3) discovery; 13 in a proceeding before the commission in which masters have not been 14 appointed. The chairman chairperson shall serve the subpoena in the 15 manner provided by law. 16 SECTION 598. IC 33-38-13-33, AS AMENDED BY P.L.2-2005, 17 SECTION 111, IS AMENDED TO READ AS FOLLOWS 18 [EFFECTIVE JULY 1, 2024]: Sec. 33. All papers and pleadings filed 19 with the office of the chairman chairperson of the commission are 20 considered to have been filed with the commission. 21 SECTION 599. IC 33-38-14-11 IS AMENDED TO READ AS 22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. (a) The commission 23 shall meet as necessary to discharge its statutory responsibilities. 24 Meetings of the commission shall be called in the same manner as 25 prescribed for the judicial nominating commission. Four (4) members 26 of the commission constitute a quorum. 27 (b) Commission meetings are to be held in Indiana on the call of the 28 chairman. chairperson. 29 (c) The commission may act only at a meeting. The commission 30 may adopt rules and regulations to conduct its meetings and discharge 31 its duties. 32 SECTION 600. IC 33-38-14-26 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. (a) The chairman 34 chairperson of the commission may extend the time for: 35 (1) filing an answer; 36 (2) commencing a hearing before the commission; or 37 (3) filing objections to the report of the masters. 38 (b) The presiding master, with the approval of the chairman 39 chairperson of the commission, may extend the time for commencing 40 a hearing before the masters. 41 SECTION 601. IC 33-38-14-30 IS AMENDED TO READ AS 42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 30. Upon 2024 IN 1267—LS 6912/DI 92 371 1 recommending the discipline, retirement, or removal of a judge, the 2 commission shall file a copy of each of the following with the clerk of 3 the supreme court: 4 (1) The recommendation certified by the chairman chairperson 5 or secretary of the commission. 6 (2) The transcript. 7 (3) The findings of fact and conclusions of law. 8 The commission shall mail to the judge and the counsel notice of the 9 filing and copies of the filed documents. 10 SECTION 602. IC 33-38-14-33 IS AMENDED TO READ AS 11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 33. (a) A master may 12 issue a subpoena for: 13 (1) the attendance of witnesses; 14 (2) the production of documentary evidence; or 15 (3) discovery; 16 in a proceeding before the masters. The master shall serve the 17 subpoena in the manner provided by law. 18 (b) The chairman chairperson of the commission may issue a 19 subpoena for: 20 (1) the attendance of witnesses; 21 (2) the production of documentary evidence; or 22 (3) discovery; 23 in a proceeding before the commission or in which masters have not 24 been appointed. The chairman chairperson shall serve the subpoena 25 in the manner provided by law. 26 SECTION 603. IC 33-38-14-35 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 35. All papers and 28 pleadings filed with the office of the chairman chairperson of the 29 commission are considered filed with the commission. 30 SECTION 604. IC 33-40-2-2 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. Upon receiving a 32 written request under section 1 of this chapter, the state public defender 33 shall: 34 (1) accept the appointment; himself or herself; 35 (2) appoint any of the state public defender's deputies; or 36 (3) appoint any practicing attorney: 37 (A) admitted to the practice of law in Indiana; and 38 (B) who is competent to practice law in criminal cases; 39 subject to the concurring appointment, of record, by the requesting 40 judge. 41 SECTION 605. IC 34-18-1-2, AS ADDED BY P.L.220-2011, 42 SECTION 552, IS AMENDED TO READ AS FOLLOWS 2024 IN 1267—LS 6912/DI 92 372 1 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The addition of 2 IC 16-9.5-2-2.1, IC 16-9.5-2-2.2, IC 16-9.5-2-2.3, and IC 16-9.5-2-2.4 3 (before their repeal) by P.L.179-1985 does not apply to medical 4 malpractice claims initiated through the filing of a proposed complaint 5 under IC 16-9.5-9-1 (before its repeal) before June 1, 1985. 6 (b) The amendments made to IC 16-9.5-9-10 (before its repeal) by 7 P.L.180-1985 do not apply to the chairman chairperson of a medical 8 review panel formed before September 1, 1985. 9 SECTION 606. IC 34-18-10-3 IS AMENDED TO READ AS 10 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) A medical review 11 panel consists of one (1) attorney and three (3) health care providers. 12 (b) The attorney member of the medical review panel shall act as 13 chairman chairperson of the panel and in an advisory capacity but may 14 not vote. 15 (c) The chairman chairperson of the medical review panel shall 16 expedite the selection of the other panel members, convene the panel, 17 and expedite the panel's review of the proposed complaint. The 18 chairman chairperson may establish a reasonable schedule for 19 submission of evidence to the medical review panel but must allow 20 sufficient time for the parties to make full and adequate presentation of 21 related facts and authorities. 22 SECTION 607. IC 34-18-10-4 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. A medical review 24 panel shall be selected in the following manner: 25 (1) Within fifteen (15) days after the filing of a request for 26 formation of a medical review panel under section 2 of this 27 chapter, the parties shall select a panel chairman chairperson by 28 agreement. If no agreement on a panel chairman chairperson can 29 be reached, either party may request the clerk of the supreme 30 court to draw at random a list of five (5) names of attorneys who: 31 (A) are qualified to practice; 32 (B) are presently on the rolls of the supreme court; and 33 (C) maintain offices in the county of venue designated in the 34 proposed complaint or in a contiguous county. 35 (2) Before selecting the random list, the clerk shall collect a 36 twenty-five dollar ($25) medical review panel selection fee from 37 the party making the request for the formation of the random list. 38 (3) The clerk shall notify the parties, and the parties shall then 39 strike names alternately with the plaintiff striking first until one 40 (1) name remains. The remaining attorney shall be the chairman 41 chairperson of the panel. 42 (4) After the striking, the plaintiff shall notify the chairman 2024 IN 1267—LS 6912/DI 92 373 1 chairperson and all other parties of the name of the chairman. 2 chairperson. 3 (5) If a party does not strike a name within five (5) days after 4 receiving notice from the clerk: 5 (A) the opposing party shall, in writing, request the clerk to 6 strike for the party; and 7 (B) the clerk shall strike for that party. 8 (6) When one (1) name remains, the clerk shall within five (5) 9 days notify the chairman chairperson and all other parties of the 10 name of the chairman. chairperson. 11 (7) Within fifteen (15) days after being notified by the clerk of 12 being selected as chairman, chairperson, the chairman 13 chairperson shall: 14 (A) send a written acknowledgment of appointment to the 15 clerk; or 16 (B) show good cause for relief from serving as provided in 17 section 12 of this chapter. 18 SECTION 608. IC 34-18-10-9 IS AMENDED TO READ AS 19 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 9. Within fifteen (15) 20 days after the chairman chairperson is selected, both parties shall 21 select a health care provider and the parties shall notify the other party 22 and the chairman chairperson of their selection. If a party fails to 23 make a selection within the time provided, the chairman chairperson 24 shall make the selection and notify both parties. Within fifteen (15) 25 days after their selection, the health care provider members shall select 26 the third member within the time provided and notify the chairman 27 chairperson and the parties. If the providers fail to make a selection, 28 the chairman chairperson shall make the selection and notify both 29 parties. 30 SECTION 609. IC 34-18-10-11 IS AMENDED TO READ AS 31 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. When a medical 32 review panel is formed, the chairman chairperson shall within five (5) 33 days notify the commissioner and the parties by registered or certified 34 mail of the following: 35 (1) The names and addresses of the panel members. 36 (2) The date on which the last member was selected. 37 SECTION 610. IC 34-18-10-12 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A member of a 39 medical review panel who is selected under this chapter shall serve 40 unless: 41 (1) the parties by agreement excuse the panelist; or 42 (2) the panelist is excused as provided in this section for good 2024 IN 1267—LS 6912/DI 92 374 1 cause shown. 2 (b) To show good cause for relief from serving, the attorney selected 3 as chairman chairperson of a medical review panel must serve an 4 affidavit upon the clerk of the supreme court. The affidavit must set out 5 the facts showing that service would constitute an unreasonable burden 6 or undue hardship. The clerk may excuse the attorney from serving. 7 The attorney shall notify all parties, who shall then select a new 8 chairman chairperson as provided in section 4 of this chapter. 9 (c) To show good cause for relief from serving, a health care 10 provider member of a medical review panel must serve an affidavit 11 upon the panel chairman. chairperson. The affidavit must set out the 12 facts showing that service would constitute an unreasonable burden or 13 undue hardship. The chairman chairperson may excuse the member 14 from serving and notify all parties. 15 SECTION 611. IC 34-18-10-13 IS AMENDED TO READ AS 16 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. (a) The panel shall 17 give its expert opinion within one hundred eighty (180) days after the 18 selection of the last member of the initial panel. However, if: 19 (1) the chairman chairperson of the panel is removed under 20 section 15 of this chapter, another member of the panel is 21 removed under section 16 of this chapter, or any member of the 22 panel, including the chairman, chairperson, is removed by a 23 court order; and 24 (2) a new member is selected to replace the removed member 25 more than ninety (90) days after the last member of the initial 26 panel is selected; 27 the panel has ninety (90) days after the selection of the new member to 28 give an expert opinion. 29 (b) If the panel has not given an opinion within the time allowed 30 under subsection (a), the panel shall submit a report to the 31 commissioner, stating the reasons for the delay. 32 SECTION 612. IC 34-18-10-15 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 15. (a) The 34 commissioner may remove the chairman chairperson of the panel if 35 the commissioner determines that the chairman chairperson is not 36 fulfilling the duties imposed upon the chairman chairperson by this 37 chapter. 38 (b) If the chairman chairperson is removed under this section, a 39 new chairman chairperson shall be selected under this chapter. 40 SECTION 613. IC 34-18-10-16 IS AMENDED TO READ AS 41 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 16. (a) The chairman 42 chairperson may remove a member of the panel if the chairman 2024 IN 1267—LS 6912/DI 92 375 1 chairperson determines that the member is not fulfilling the duties 2 imposed upon the panel members by this chapter. 3 (b) If a member is removed under this section, a new member shall 4 be selected under this chapter. 5 SECTION 614. IC 34-18-10-17 IS AMENDED TO READ AS 6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 17. (a) The evidence in 7 written form to be considered by the medical review panel shall be 8 promptly submitted by the respective parties. 9 (b) The evidence may consist of medical charts, x-rays, lab tests, 10 excerpts of treatises, depositions of witnesses including parties, and 11 any other form of evidence allowable by the medical review panel. 12 (c) Depositions of parties and witnesses may be taken before the 13 convening of the panel. 14 (d) The chairman chairperson shall ensure that before the panel 15 gives its expert opinion under section 22 of this chapter, each panel 16 member has the opportunity to review every item of evidence 17 submitted by the parties. 18 (e) Before considering any evidence or deliberating with other panel 19 members, each member of the medical review panel shall take an oath 20 in writing on a form provided by the panel chairman, chairperson, 21 which must read as follows: 22 "I (swear) (affirm) under penalties of perjury that I will well and 23 truly consider the evidence submitted by the parties; that I will 24 render my opinion without bias, based upon the evidence 25 submitted by the parties, and that I have not and will not 26 communicate with any party or representative of a party before 27 rendering my opinion, except as authorized by law.". 28 SECTION 615. IC 34-18-10-19 IS AMENDED TO READ AS 29 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 19. The chairman 30 chairperson of the panel shall advise the panel relative to any legal 31 question involved in the review proceeding and shall prepare the 32 opinion of the panel as provided in section 22 of this chapter. 33 SECTION 616. IC 34-18-10-20 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 20. (a) Either party, 35 after submission of all evidence and upon ten (10) days notice to the 36 other side, has the right to convene the panel at a time and place 37 agreeable to the members of the panel. Either party may question the 38 panel concerning any matters relevant to issues to be decided by the 39 panel before the issuance of the panel's report. 40 (b) The chairman chairperson of the panel shall preside at all 41 meetings. Meetings shall be informal. 42 SECTION 617. IC 34-18-10-25, AS AMENDED BY P.L.182-2016, 2024 IN 1267—LS 6912/DI 92 376 1 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2024]: Sec. 25. (a) Each health care provider member of the 3 medical review panel is entitled to be paid: 4 (1) up to five hundred dollars ($500) for all work performed as a 5 member of the panel, exclusive of time involved if called as a 6 witness to testify in court; and 7 (2) reasonable travel expense. 8 (b) The chairman chairperson of the panel is entitled to be paid: 9 (1) at the rate of two hundred fifty dollars ($250) per diem, not to 10 exceed two thousand five hundred dollars ($2,500); and 11 (2) reasonable travel expenses. 12 (c) The chairman chairperson shall keep an accurate record of the 13 time and expenses of all the members of the panel. The record shall be 14 submitted to the parties for payment with the panel's report. 15 (d) Fees of the panel, including travel expenses and other expenses 16 of the review, shall be paid by the side in whose favor the majority 17 opinion is written. If there is no majority opinion, each side shall pay 18 fifty percent (50%) of the cost. 19 SECTION 618. IC 34-18-10-26 IS AMENDED TO READ AS 20 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 26. The chairman 21 chairperson shall submit a copy of the panel's report to: 22 (1) the commissioner; and 23 (2) all parties and attorneys; 24 by registered or certified mail within five (5) days after the panel gives 25 its opinion. 26 SECTION 619. IC 34-18-11-2 IS AMENDED TO READ AS 27 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) A party to a 28 proceeding commenced under this article, the commissioner, or the 29 chairman chairperson of a medical review panel, if any, may invoke 30 the jurisdiction of the court by paying the statutory filing fee to the 31 clerk and filing a copy of the proposed complaint and motion with the 32 clerk. 33 (b) The filing of a copy of the proposed complaint and motion with 34 the clerk confers jurisdiction upon the court over the subject matter and 35 the parties to the proceeding for the limited purposes stated in this 36 chapter, including the taxation and assessment of costs or the 37 allowance of expenses, including reasonable attorney's fees, or both. 38 (c) The moving party or the moving party's attorney shall cause as 39 many summonses as are necessary to be issued by the clerk and served 40 on the commissioner, each nonmoving party to the proceedings, and the 41 chairman chairperson of the medical review panel, if any, unless the 42 commissioner or the chairman chairperson is the moving party, 2024 IN 1267—LS 6912/DI 92 377 1 together with a copy of the proposed complaint and a copy of the 2 motion under Rules 4 through 4.17 of the Indiana Rules of Trial 3 Procedure. 4 SECTION 620. IC 34-18-11-3 IS AMENDED TO READ AS 5 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Each nonmoving 6 party to the proceeding, including the commissioner and the chairman 7 chairperson of the medical review panel, if any, shall have a period of 8 twenty (20) days after service, or a period of twenty-three (23) days 9 after service if service is by mail, to appear and file and serve a written 10 response to the motion, unless the court, for cause shown, orders the 11 period enlarged. 12 (b) The court shall enter a ruling on the motion: 13 (1) within thirty (30) days after the motion is heard; or 14 (2) if no hearing is requested, granted or ordered, within thirty 15 (30) days after the date on which the last written response to the 16 motion is filed. 17 (c) The court shall order the clerk to serve a copy of the court's 18 ruling on the motion by ordinary mail on the commissioner, each party 19 to the proceeding, and the chairman chairperson of the medical review 20 panel, if any. 21 SECTION 621. IC 34-30-2.1-66, AS ADDED BY P.L.105-2022, 22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 23 JULY 1, 2024]: Sec. 66. IC 7.1-2-8-2 (Concerning the alcohol and 24 tobacco commission, its chairman chairperson and chairman 25 chairperson pro tempore, and the state for claim arising from 26 collection of money under alcoholic beverage laws). 27 SECTION 622. IC 34-30-15-10 IS AMENDED TO READ AS 28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. Except in cases as 29 authorized in this chapter, the evidentiary privileges created by this 30 chapter shall be invoked by all witnesses and organizations in all 31 judicial and administrative proceedings unless the witness or 32 organization first has a waiver of the privilege executed in writing, on 33 behalf of the peer review committee holding the privilege, by its 34 chairman, chairperson, vice chairman, chairperson, or secretary. 35 SECTION 623. IC 34-30-15.5-8, AS ADDED BY P.L.101-2021, 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2024]: Sec. 8. (a) No member, consultant, or participant who 38 participates in a wellness program shall be required to report a licensed 39 physician to the medical licensing board for any act, omission, 40 statement, discovery, or disclosure subject to a wellness program's 41 consideration or review unless one (1) or more of the following 42 circumstances exist: 2024 IN 1267—LS 6912/DI 92 378 1 (1) The licensed physician is not competent to continue practice. 2 (2) The licensed physician presents a danger to: 3 (A) himself or herself; the licensed physician; or 4 (B) the health and welfare of: 5 (i) the licensed physician's patients; or 6 (ii) the general public. 7 (b) The referral of a licensed physician from a wellness program to 8 an impaired physician committee shall not require the reporting of the 9 licensed physician to the medical licensing board and does not violate 10 any privilege or confidentiality established by this chapter. 11 SECTION 624. IC 34-55-8-3 IS AMENDED TO READ AS 12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. When the plaintiff 13 or the plaintiff's agent or attorney, at the time of applying for the order 14 or at any time afterwards, makes and files an affidavit with the court, 15 stating that: 16 (1) there is danger of the debtor leaving the state or concealing 17 himself or herself; the debtor's whereabouts; and 18 (2) there is reason to believe the debtor has property, rights, 19 credits, moneys, or effects that the debtor unjustly refuses to apply 20 to the judgment, with intent to defraud the creditor; 21 the court shall issue to the sheriff of the county an order of arrest and 22 bail. 23 SECTION 625. IC 34-55-10-13 IS AMENDED TO READ AS 24 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13. In any case when 25 the execution defendant is absent from Indiana, or is absent himself or 26 herself from the execution defendant's home, and an attachment or 27 execution is directed against the execution defendant's property, the 28 spouse may: 29 (1) make out and verify the schedule of the absent spouse's 30 property, and claim and receive for the absent spouse the 31 exemption provided in this chapter; and 32 (2) claim and exercise all the rights that would belong to the 33 absent spouse if the absent spouse were present. 34 SECTION 626. IC 35-33-6-2, AS AMENDED BY P.L.77-2009, 35 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2024]: Sec. 2. (a) An owner or agent of a store who has 37 probable cause to believe that a theft has occurred or is occurring on or 38 about the store and who has probable cause to believe that a specific 39 person has committed or is committing the theft: 40 (1) may: 41 (A) detain the person and request the person to identify 42 himself or herself; provide identification; 2024 IN 1267—LS 6912/DI 92 379 1 (B) verify the identification; 2 (C) determine whether the person has in the person's 3 possession unpurchased merchandise taken from the store; 4 (D) inform the appropriate law enforcement officers; and 5 (E) inform the person's parents or others interested in the 6 person's welfare that the person has been detained; but 7 (2) shall not ask the person to make a statement that 8 acknowledges that the person committed the theft or conversion 9 or waives any of the person's legal rights if: 10 (A) the person is less than eighteen (18) years of age; and 11 (B) the person has not been afforded an opportunity to have a 12 meaningful consultation with his or her the person's parent, 13 guardian, custodian, or guardian ad litem. 14 (b) A statement acknowledging that a child committed theft or 15 conversion in violation of subdivision (a)(2) cannot be admitted as 16 evidence against the child on the issue of whether the child committed 17 a delinquent act or a crime. 18 (c) The detention must: 19 (1) be reasonable and last only for a reasonable time; and 20 (2) not extend beyond the arrival of a law enforcement officer or 21 two (2) hours, whichever first occurs. 22 SECTION 627. IC 35-33-9-3 IS AMENDED TO READ AS 23 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The sureties on 24 all appeal bonds must possess the qualifications that are required of 25 bail in criminal cases, except the undertaking must also include the 26 defendant's promise to: 27 (1) faithfully prosecute his the appeal; 28 (2) abide by the order and judgment of the court to which the 29 cause is appealed; 30 (3) surrender himself in execution of the judgment if the appeal 31 be affirmed or dismissed; and 32 (4) surrender himself to the trial court if required by the judgment 33 upon reversal. 34 (b) If undertaking is given before an appeal has been perfected, the 35 undertaking must include a promise that an appeal will be perfected by 36 the defendant. 37 SECTION 628. IC 35-33-9-4 IS AMENDED TO READ AS 38 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) The court in 39 which a petition to be admitted to bail is filed shall: 40 (1) fix bail in a reasonable amount, considering the nature of the 41 offense and the penalty adjudged, as will insure the compliance 42 by the defendant with the terms of the bond; and 2024 IN 1267—LS 6912/DI 92 380 1 (2) make an order containing the terms of bail. 2 If the defendant furnishes bail to the satisfaction of the court, he the 3 defendant shall be discharged from custody until he the defendant is 4 required to surrender himself according to the terms of the order. 5 (b) The sureties on the bail bond may, at any time, surrender the 6 principal of the bond to the court and be released from liability. If the 7 court so orders, the defendant shall immediately be committed to the 8 institution to which he the defendant was sentenced unless the court 9 approves a new bond. 10 (c) If the defendant fails to comply with the terms of the bail bond: 11 (1) the bond shall be forfeited in the court from which the appeal 12 was taken; 13 (2) a warrant shall be immediately issued for his the defendant's 14 arrest; and 15 (3) upon arrest, he the defendant shall be committed to the 16 institution to which he the defendant was originally sentenced. 17 SECTION 629. IC 35-33-10-3 IS AMENDED TO READ AS 18 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. (1) Where appearing 19 in this section, the term "governor" includes any person performing the 20 functions of governor by authority of the law of this state. The term 21 "executive authority" includes the governor and any person performing 22 the functions of governor in a state other than this state. The term 23 "state", referring to a state other than this state, refers to any other state 24 or territory, organized or unorganized, of the United States of America. 25 (2) Subject to the qualifications of this section and the provisions of 26 the Constitution of the United States controlling, and acts of congress 27 in pursuance thereof, it is the duty of the governor of this state to have 28 arrested and delivered up to the executive authority of any other state 29 of the United States any person charged in that state with treason, a 30 felony, or other crime who has fled from justice and is found in this 31 state. 32 (3) No demand for the extradition of a person charged with crime in 33 another state shall be recognized by the governor unless in writing and 34 accompanied by a copy of an indictment found or by an information 35 supported by affidavit in the state having jurisdiction of the crime, or 36 by a copy of an affidavit made before a magistrate there, together with 37 a copy of any warrant which was issued thereon. The indictment, 38 information, or affidavit made before the magistrate must substantially 39 charge the person demanded with having committed a crime under the 40 law of that state; and the copy must be authenticated by the executive 41 authority making the demand, which shall be prima facie evidence of 42 its truth. 2024 IN 1267—LS 6912/DI 92 381 1 (4) When a demand shall be made upon the governor of this state by 2 the executive authority of another state for the surrender of a person so 3 charged with crime, the governor may call upon the attorney general or 4 any prosecuting officer in this state to investigate or assist in 5 investigating the demand, and to report to him the governor the 6 situation and circumstances of the person so demanded, and whether 7 he the person ought to be surrendered. 8 (5) A warrant of extradition shall not be issued unless the 9 documents presented by the executive authority making the demand 10 show that: 11 (a) except in cases arising under subsection 7 of this section, the 12 accused was present in the demanding state at the time of the 13 commission of the alleged crime, and thereafter fled from the 14 state; 15 (b) the accused is now in this state; and 16 (c) he the accused is lawfully charged by indictment found or by 17 information filed by a prosecuting officer and supported by 18 affidavit to the facts, or by affidavit made before a magistrate in 19 that state, with having committed a crime under the laws of that 20 state, or that he the accused has been convicted of a crime in that 21 state and has escaped from confinement or has broken the terms 22 of his the accused's bail, probation, or parole, or that the sentence 23 or some portion of it otherwise remains unexecuted and that the 24 person claimed has not been discharged or otherwise released 25 from the sentence. 26 (6) When it is desired to have returned to this state a person charged 27 in this state with a crime, and such person is imprisoned or is held 28 under criminal proceedings then pending against him the person in 29 another state, the governor of this state may agree with the executive 30 authority of such other state for the extradition of such person before 31 the conclusion of such proceedings or his the person's term of 32 sentence in such other state, upon condition that such person be 33 returned to such other state at the expense of this state as soon as the 34 prosecution in this state is terminated. The governor of this state may 35 also surrender on demand of the executive authority of any other state 36 any person in this state who is charged in the manner provided in 37 subsection 24 of this section with having violated the laws of the state 38 whose executive authority is making the demand, even though such 39 person left the demanding state involuntarily. 40 (7) The governor of this state may also surrender, on demand of the 41 executive authority of any other state, any person in this state charged 42 in such other state in the manner provided in subsection 5 of this 2024 IN 1267—LS 6912/DI 92 382 1 section with committing an act in this state, or in a third state, 2 intentionally resulting in a crime in the state whose executive authority 3 is making the demand; and the provisions of this section not otherwise 4 inconsistent shall apply to such cases, notwithstanding that the accused 5 was not in that state at the time of the commission of the crime and has 6 not fled therefrom. 7 (8) If the governor shall decide that the demand should be complied 8 with, he the governor shall sign a warrant of arrest, which shall be 9 sealed with the state seal, and be directed to a sheriff, marshal, coroner, 10 or other person whom he the governor may think fit to entrust with the 11 execution thereof; and the warrant must substantially recite the facts 12 necessary to the validity of its issue. 13 (9) Such warrant shall authorize the officer or other person to whom 14 directed to arrest the accused at any place where he the accused may 15 be found within the state, to command the aid of all sheriffs and law 16 enforcement officers in the execution of the warrant, and to deliver the 17 accused subject to the provision of this section, to the duly authorized 18 agent of the demanding state. 19 (10) Every such officer or other person empowered to make the 20 arrest shall have the same authority in arresting the accused to 21 command assistance therein, as sheriffs and other officers have by law 22 in the execution of any criminal process directed to them, with the like 23 penalties against those who refuse their assistance. 24 (11) No person arrested upon such warrant shall be delivered over 25 to the agent whom the executive authority demanding him the person 26 shall have appointed to receive him the person unless he the person 27 has been informed of the demand made for his the person's surrender, 28 of the crime with which he the person is charged and that he the 29 person has the right to demand legal counsel; and if the prisoner, his 30 friends, or counsel shall state that he the prisoner or they desire to test 31 the legality of the arrest, the prisoner shall be taken forthwith before a 32 judge of a court of record in this state who shall fix a reasonable time 33 to be allowed him the prisoner within which to apply for a writ of 34 habeas corpus. And when such writ is applied for, notice thereof, and 35 of the time and place of hearing thereon, shall be given to the public 36 prosecuting officer of the county in which the arrest is made and in 37 which the accused is in custody and to the said agent of the demanding 38 state. 39 (12) An officer who recklessly delivers to the agent for extradition 40 of the demanding state a person in his the officer's custody under the 41 governor's warrant in disobedience to subsection 11 of this section 42 commits a Class B misdemeanor. 2024 IN 1267—LS 6912/DI 92 383 1 (13) The officer or person executing the governor's warrant of arrest, 2 or the agent of the demanding state to whom the prisoner may have 3 been delivered, may, when necessary, confine the prisoner in the jail of 4 any county or city through which he the officer or person may pass; 5 and the keeper of such jail must receive and safely keep the prisoner 6 until the person having charge of him the prisoner is ready to proceed 7 on his the person's route, such person being chargeable with the 8 expense of keeping. 9 (14) Whenever any person within this state shall be charged on the 10 oath of any credible person before any judge of this state with the 11 commission of a crime in any other state, and, except in cases arising 12 under subsection 7 of this section, with having fled from justice, or 13 whenever complaint shall have been made before any judge in this 14 state setting forth on the affidavit of any credible person in another 15 state that a treason or felony has been committed in such other state 16 and that the accused has been charged in such state with the 17 commission of the treason or felony, and, except in cases arising under 18 subsection 7 of this section, has fled therefrom and is believed to have 19 been found in this state, the judge shall issue a warrant directed to the 20 sheriff of the county in which the oath or complaint is filed directing 21 him the sheriff to apprehend the person charged, wherever he the 22 person may be found in this state, and bring him the person before the 23 same or any other judge, who may be convenient of access to the place 24 where the arrest may be made, to answer the charge or complaint and 25 affidavit. A certified copy of the sworn charge or complaint and 26 affidavit upon which the warrant is issued shall be attached to the 27 warrant. 28 (15) The arrest of a person may be lawfully made also by an officer 29 or a private citizen without a warrant upon reasonable information that 30 the accused stands charged in the courts of another state with a crime 31 punishable by death or imprisonment for a term exceeding one (1) year; 32 but when so arrested the accused must be taken before a judge with all 33 practicable speed, and complaint must be made against him the 34 accused under oath setting forth the ground for the arrest as in the last 35 preceding subsection; and thereafter his the answer of the accused 36 shall be heard as if he the accused has been arrested on warrant. 37 (16) If from the examination before the judge, it appears that the 38 person held is the person charged with having committed the crime 39 alleged and that he the person probably committed the crime, and, 40 except in cases arising under subsection 7 of this section, that he the 41 person has fled from justice, the judge shall commit him the person 42 to jail by a warrant reciting the accusation for such time specified in the 2024 IN 1267—LS 6912/DI 92 384 1 warrant as will enable the arrest of the accused to be made under a 2 warrant of the governor on a requisition of the executive authority of 3 the state having jurisdiction of the offense, unless the accused gives 4 bail as provided in subsection 17 of this section, or until he the person 5 shall be legally discharged. 6 (17) Unless the offense with which the prisoner is charged is shown 7 to be an offense punishable by death or life imprisonment under the 8 laws of the state in which it was committed, the judge must admit the 9 person arrested to bail by bond or undertaking, with sufficient sureties, 10 and in such sum as he the judge deems proper, for his the prisoner's 11 appearance before him the judge at a time specified in such bond or 12 undertaking, and for his the prisoner's surrender, to be arrested upon 13 the warrant of the governor of this state. The prisoner shall not be 14 admitted to bail after issuance of a warrant by the governor of this state. 15 (18) If the accused is not yet arrested under warrant of the governor 16 by the expiration of the time specified in the warrant, bond, or 17 undertaking, the judge may discharge him the accused or may 18 recommit him the accused to a further day, or may again take bail for 19 his the accused's appearance and surrender, as provided in subsection 20 17 of this section; and at the expiration of the second period of 21 commitment, or if he the accused has been bailed and appeared 22 according to the terms of his the accused's bond or undertaking, the 23 judge may either discharge him, the accused, or may require him the 24 accused to enter into a new bond or undertaking, to appear and 25 surrender himself at another day. 26 (19) If the prisoner is admitted to bail and fails to appear and 27 surrender himself according to the conditions of his the prisoner's 28 bond, the court, by proper order, shall declare the bond forfeited; and 29 recovery may be had thereon in the name of the state as in the case of 30 other bonds or undertakings given by the accused in criminal 31 proceedings within this state. 32 (20) If a criminal prosecution has been instituted against such 33 person under the laws of this state and is still pending, the governor at 34 his the governor's discretion either may surrender him the person on 35 the demand of the executive authority of another state or may hold him 36 the person until he the person has been tried and discharged, or 37 convicted and punished in this state. 38 (21) The guilt or innocence of the accused as to the crime of which 39 he the accused is charged may not be inquired into by the governor or 40 in any proceedings after the demand for extradition accompanied by a 41 charge of crime in legal form as above provided shall have been 42 presented to the governor, except as it may be involved in identifying 2024 IN 1267—LS 6912/DI 92 385 1 the person held as the person charged with the crime. 2 (22) The governor may recall his the governor's warrant of arrest 3 or may issue another warrant whenever he the governor deems proper. 4 (23) Whenever the governor of this state shall demand a person 5 charged with a crime in this state from the chief executive of any other 6 state or from the chief justice or an associate justice of the Supreme 7 Court of the District of Columbia authorized to receive such demand 8 under the laws of the United States, he the governor shall issue a 9 warrant under the seal of this state to some agent commanding him the 10 agent to receive the person so charged if delivered to him the agent 11 and convey him the person charged to the proper officer of the county 12 in this state in which the offense was committed. 13 (24) When the return to this state of a person charged with a crime 14 in this state is required, the prosecuting attorney of the county in which 15 the offense is committed shall present to the governor his the 16 prosecuting attorney's written application for a requisition for the 17 return of the person charged, in which application shall be stated the 18 name of the person so charged, the crime charged against him, the 19 person, the approximate time, place, and circumstances of its 20 committal, the state in which he the person is believed to be, including 21 the location of the accused therein at the time the application is made, 22 and certifying that in the opinion of the said prosecuting attorney the 23 ends of justice require the arrest and return of the accused to this state 24 for trial, and that the proceeding is not instituted to enforce a private 25 claim. The application shall be verified by affidavit, shall be executed 26 in triplicate, and shall be accompanied by three (3) certified copies of 27 the indictment returned, or information and affidavit filed, or of the 28 complaint made to the magistrate, stating the offense with which the 29 accused is charged. The prosecuting attorney may also attach such 30 further affidavits and other documents in triplicate as he the 31 prosecuting attorney shall deem proper to be submitted with such 32 application. One (1) copy of the application with the action of the 33 governor indicated by the endorsement thereon and one (1) of the 34 certified copies of the indictment or complaint or information and 35 affidavit shall be filed in the office of the secretary of state to remain 36 of record in that office. The other copies of all papers shall be 37 forwarded with the governor's requisition. 38 (25) The expenses shall be paid out of the general fund of the 39 county treasury of the county wherein the crime is alleged to have been 40 committed. The expenses shall be the fees paid to the officers of the 41 state on whose governor the requisition is made, as now provided by 42 law, for all necessary travel in returning such prisoner. 2024 IN 1267—LS 6912/DI 92 386 1 (26) A person brought into this state on extradition based on a 2 criminal charge shall not be subject to service of personal process in 3 civil actions arising out of the same facts as the criminal proceeding to 4 answer for which he the person is returned until he the person has 5 been convicted in the criminal proceeding, or if acquitted, until he the 6 person has had ample opportunity to return to the state from which he 7 the person was extradited. 8 (27) After a person has been brought back to this state upon 9 extradition proceedings, he the person may be tried in this state for 10 other crimes which he the person may be charged with having 11 committed here, as well as that specified in the requisition for his the 12 person's extradition. 13 (28) This section shall be so interpreted and construed as to 14 effectuate its general purpose to make uniform the law of those states 15 which enact it. 16 (29) Nothing in this section contained shall be deemed to constitute 17 a waiver by the state of its right, power, or privilege to regain custody 18 of such person by extradition proceedings or otherwise for the purpose 19 of trial, sentence, or punishment for any crime committed within this 20 state, nor shall any proceedings had under this section which result in, 21 or fail to result in, extradition be deemed a waiver by this state of any 22 of its rights, privileges, or jurisdiction in any way whatsoever. 23 (30) This section may be cited as the Uniform Criminal Extradition 24 Act. 25 SECTION 630. IC 35-36-6-10 IS AMENDED TO READ AS 26 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The sheriff of the 27 county from which venue was taken shall receive actual and necessary 28 expenses for transporting himself and his the prisoner, in accordance 29 with this chapter, from the county from which venue was taken to the 30 county receiving the case. The court from which venue was taken shall 31 allow these expenses. 32 SECTION 631. IC 35-41-3-8 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 8. (a) It is a defense 34 that the person who engaged in the prohibited conduct was compelled 35 to do so by threat of imminent serious bodily injury to himself the 36 person or another person. With respect to offenses other than felonies, 37 it is a defense that the person who engaged in the prohibited conduct 38 was compelled to do so by force or threat of force. Compulsion under 39 this section exists only if the force, threat, or circumstances are such as 40 would render a person of reasonable firmness incapable of resisting the 41 pressure. 42 (b) This section does not apply to a person who: 2024 IN 1267—LS 6912/DI 92 387 1 (1) recklessly, knowingly, or intentionally placed himself in 2 entered into a situation in which it was foreseeable that he the 3 person would be subjected to duress; or 4 (2) committed an offense against the person as defined in 5 IC 35-42. 6 SECTION 632. IC 35-41-4-2, AS AMENDED BY P.L.3-2023, 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 8 JULY 1, 2024]: Sec. 2. (a) Except as otherwise provided in this section, 9 a prosecution for an offense is barred unless it is commenced: 10 (1) within five (5) years after the commission of the offense, in 11 the case of a Class B, Class C, or Class D felony (for a crime 12 committed before July 1, 2014) or a Level 3, Level 4, Level 5, or 13 Level 6 felony (for a crime committed after June 30, 2014); or 14 (2) within two (2) years after the commission of the offense, in the 15 case of a misdemeanor. 16 (b) A prosecution for a Class B or Class C felony (for a crime 17 committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony 18 (for a crime committed after June 30, 2014) that would otherwise be 19 barred under this section may be commenced within one (1) year after 20 the earlier of the date on which the state: 21 (1) first discovers evidence sufficient to charge the offender with 22 the offense through DNA (deoxyribonucleic acid) analysis; or 23 (2) could have discovered evidence sufficient to charge the 24 offender with the offense through DNA (deoxyribonucleic acid) 25 analysis by the exercise of due diligence. 26 However, if the offense is a sex offense against a child described in 27 subsection (m), a prosecution otherwise barred under this section may 28 be prosecuted in accordance with subsection (p). 29 (c) Except as provided in subsection (e), a prosecution for a Class 30 A felony (for a crime committed before July 1, 2014) or a Level 1 31 felony or Level 2 felony (for a crime committed after June 30, 2014) 32 may be commenced at any time. 33 (d) A prosecution for murder may be commenced: 34 (1) at any time; and 35 (2) regardless of the amount of time that passes between: 36 (A) the date a person allegedly commits the elements of 37 murder; and 38 (B) the date the alleged victim of the murder dies. 39 (e) Except as provided in subsection (p), a prosecution for the 40 following offenses is barred unless commenced before the date that the 41 alleged victim of the offense reaches thirty-one (31) years of age: 42 (1) IC 35-42-4-3 (Child molesting). 2024 IN 1267—LS 6912/DI 92 388 1 (2) IC 35-42-4-5 (Vicarious sexual gratification). 2 (3) IC 35-42-4-6 (Child solicitation). 3 (4) IC 35-42-4-7 (Child seduction). 4 (5) IC 35-42-4-9 (Sexual misconduct with a minor). 5 (6) IC 35-46-1-3 (Incest). 6 (f) A prosecution for forgery of an instrument for payment of 7 money, or for the uttering of a forged instrument, under IC 35-43-5-2, 8 is barred unless it is commenced within five (5) years after the maturity 9 of the instrument. 10 (g) If a complaint, indictment, or information is dismissed because 11 of an error, defect, insufficiency, or irregularity, a new prosecution may 12 be commenced within ninety (90) days after the dismissal even if the 13 period of limitation has expired at the time of dismissal, or will expire 14 within ninety (90) days after the dismissal. 15 (h) The period within which a prosecution must be commenced does 16 not include any period in which: 17 (1) the accused person is not usually and publicly resident in 18 Indiana or so conceals himself or herself is concealed so that 19 process cannot be served; 20 (2) the accused person conceals evidence of the offense, and 21 evidence sufficient to charge the person with that offense is 22 unknown to the prosecuting authority and could not have been 23 discovered by that authority by exercise of due diligence; or 24 (3) the accused person is a person elected or appointed to office 25 under statute or constitution, if the offense charged is theft or 26 conversion of public funds or bribery while in public office. 27 (i) For purposes of tolling the period of limitation only, a 28 prosecution is considered commenced on the earliest of these dates: 29 (1) The date of filing of an indictment, information, or complaint 30 before a court having jurisdiction. 31 (2) The date of issuance of a valid arrest warrant. 32 (3) The date of arrest of the accused person by a law enforcement 33 officer without a warrant, if the officer has authority to make the 34 arrest. 35 (j) A prosecution is considered timely commenced for any offense 36 to which the defendant enters a plea of guilty, notwithstanding that the 37 period of limitation has expired. 38 (k) The following apply to the specified offenses: 39 (1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of 40 funeral trust funds) is barred unless commenced within five (5) 41 years after the date of death of the settlor (as described in 42 IC 30-2-9). 2024 IN 1267—LS 6912/DI 92 389 1 (2) A prosecution for an offense under IC 30-2-10-9(b) (misuse 2 of funeral trust funds) is barred unless commenced within five (5) 3 years after the date of death of the settlor (as described in 4 IC 30-2-10). 5 (3) A prosecution for an offense under IC 30-2-13-38(f) (misuse 6 of funeral trust or escrow account funds) is barred unless 7 commenced within five (5) years after the date of death of the 8 purchaser (as defined in IC 30-2-13-9). 9 (l) A prosecution for an offense under IC 23-2-6, IC 23-2.5, 10 IC 23-14-48-9, or IC 23-19 is barred unless commenced within five (5) 11 years after the earlier of the date on which the state: 12 (1) first discovers evidence sufficient to charge the offender with 13 the offense; or 14 (2) could have discovered evidence sufficient to charge the 15 offender with the offense by the exercise of due diligence. 16 (m) Except as provided in subsection (p), a prosecution for a sex 17 offense listed in IC 11-8-8-4.5 that is committed against a child and 18 that is not: 19 (1) a Class A felony (for a crime committed before July 1, 2014) 20 or a Level 1 felony or Level 2 felony (for a crime committed after 21 June 30, 2014); or 22 (2) listed in subsection (e); 23 is barred unless commenced within ten (10) years after the commission 24 of the offense, or within four (4) years after the person ceases to be a 25 dependent of the person alleged to have committed the offense, 26 whichever occurs later. 27 (n) A prosecution for rape (IC 35-42-4-1) as a Class B felony (for a 28 crime committed before July 1, 2014) or as a Level 3 felony (for a 29 crime committed after June 30, 2014) that would otherwise be barred 30 under this section may be commenced not later than five (5) years after 31 the earlier of the date on which: 32 (1) the state first discovers evidence sufficient to charge the 33 offender with the offense through DNA (deoxyribonucleic acid) 34 analysis; 35 (2) the state first becomes aware of the existence of a recording 36 (as defined in IC 35-31.5-2-273) that provides evidence sufficient 37 to charge the offender with the offense; or 38 (3) a person confesses to the offense. 39 (o) A prosecution for criminal deviate conduct (IC 35-42-4-2) 40 (repealed) as a Class B felony for a crime committed before July 1, 41 2014, that would otherwise be barred under this section may be 42 commenced not later than five (5) years after the earliest of the date on 2024 IN 1267—LS 6912/DI 92 390 1 which: 2 (1) the state first discovers evidence sufficient to charge the 3 offender with the offense through DNA (deoxyribonucleic acid) 4 analysis; 5 (2) the state first becomes aware of the existence of a recording 6 (as defined in IC 35-31.5-2-273) that provides evidence sufficient 7 to charge the offender with the offense; or 8 (3) a person confesses to the offense. 9 (p) A prosecution for an offense described in subsection (e) or 10 subsection (m) that would otherwise be barred under this section may 11 be commenced not later than five (5) years after the earliest of the date 12 on which: 13 (1) the state first discovers evidence sufficient to charge the 14 offender with the offense through DNA (deoxyribonucleic acid) 15 analysis; 16 (2) the state first becomes aware of the existence of a recording 17 (as defined in IC 35-31.5-2-273) that provides evidence sufficient 18 to charge the offender with the offense; or 19 (3) a person confesses to the offense. 20 SECTION 633. IC 35-46-1-7 IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) A person who 22 knowingly or intentionally fails to provide support to his the person's 23 parent, when the parent is unable to support himself, provide for the 24 parent's own support, commits nonsupport of a parent, a Class A 25 misdemeanor. 26 (b) It is a defense that the accused person had not been supported by 27 the parent during the time he the accused person was a dependent 28 child under eighteen (18) years of age, unless the parent was unable to 29 provide support. 30 (c) It is a defense that the accused person was unable to provide 31 support. 32 SECTION 634. IC 35-47-1-3 IS AMENDED TO READ AS 33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 3. "Dealer" means any 34 person who holds himself the person out as a buyer and seller of 35 handguns on a regular and continuing basis. 36 SECTION 635. IC 35-48-2-1, AS AMENDED BY P.L.84-2010, 37 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 38 JULY 1, 2024]: Sec. 1. (a) The board shall administer this article and 39 may recommend to the general assembly the addition, deletion, or 40 rescheduling of all substances listed in the schedules in sections 4, 6, 41 8, 10, and 12 of this chapter by submitting in an electronic format 42 under IC 5-14-6 a report of such recommendations to the legislative 2024 IN 1267—LS 6912/DI 92 391 1 council. In making a determination regarding a substance, the board 2 shall consider the following: 3 (1) The actual or relative potential for abuse. 4 (2) The scientific evidence of its pharmacological effect, if 5 known. 6 (3) The state of current scientific knowledge regarding the 7 substance. 8 (4) The history and current pattern of abuse. 9 (5) The scope, duration, and significance of abuse. 10 (6) The risk to public health. 11 (7) The potential of the substance to produce psychic or 12 physiological dependence liability. 13 (8) Whether the substance is an immediate precursor of a 14 substance already controlled under this article. 15 (b) After considering the factors enumerated in subsection (a), the 16 board shall make findings and recommendations concerning the control 17 of the substance if it finds the substance has a potential for abuse. 18 (c) If the board finds that a substance is an immediate precursor, 19 substances which are precursors of the controlled precursor shall not 20 be subject to control solely because they are precursors of the 21 controlled precursor. 22 (d) If any substance is designated or rescheduled to a more 23 restrictive schedule as a controlled substance under federal law and 24 notice is given to the board, the board shall recommend similar control 25 of the substance under this article in the board's report to the general 26 assembly, unless the board objects to inclusion or rescheduling. In that 27 case, the board shall publish the reasons for objection and afford all 28 interested parties an opportunity to be heard. At the conclusion of the 29 hearing, the board shall publish its findings. 30 (e) If a substance is rescheduled to a less restrictive schedule or 31 deleted as a controlled substance under federal law, the substance is 32 rescheduled or deleted under this article. If the board objects to 33 inclusion, rescheduling, or deletion of the substance, the board shall 34 notify the chairman chairperson of the legislative council not more 35 than thirty (30) days after the federal law is changed and the substance 36 may not be rescheduled or deleted until the conclusion of the next 37 complete session of the general assembly. The notice from the board 38 to the chairman chairperson of the legislative council must be 39 published. 40 (f) The board shall conduct hearings regarding revocations, 41 suspensions, and restrictions of registrations as provided in 42 IC 35-48-3-4. All hearings shall be conducted in accordance with 2024 IN 1267—LS 6912/DI 92 392 1 IC 4-21.5-3. 2 (g) Authority to control under this section does not extend to 3 distilled spirits, wine, or malt beverages, as those terms are defined or 4 used in IC 7.1, or to tobacco. 5 (h) The board shall exclude any nonnarcotic substance from a 6 schedule if that substance may, under the Federal Food, Drug, and 7 Cosmetic Act or state law, be sold over the counter without a 8 prescription. 9 SECTION 636. IC 35-50-2-9, AS AMENDED BY P.L.65-2016, 10 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 11 JULY 1, 2024]: Sec. 9. (a) The state may seek either a death sentence 12 or a sentence of life imprisonment without parole for murder by 13 alleging, on a page separate from the rest of the charging instrument, 14 the existence of at least one (1) of the aggravating circumstances listed 15 in subsection (b). In the sentencing hearing after a person is convicted 16 of murder, the state must prove beyond a reasonable doubt the 17 existence of at least one (1) of the aggravating circumstances alleged. 18 However, the state may not proceed against a defendant under this 19 section if a court determines at a pretrial hearing under IC 35-36-9 that 20 the defendant is an individual with an intellectual disability. 21 (b) The aggravating circumstances are as follows: 22 (1) The defendant committed the murder by intentionally killing 23 the victim while committing or attempting to commit any of the 24 following: 25 (A) Arson (IC 35-43-1-1). 26 (B) Burglary (IC 35-43-2-1). 27 (C) Child molesting (IC 35-42-4-3). 28 (D) Criminal deviate conduct (IC 35-42-4-2) (before its 29 repeal). 30 (E) Kidnapping (IC 35-42-3-2). 31 (F) Rape (IC 35-42-4-1). 32 (G) Robbery (IC 35-42-5-1). 33 (H) Carjacking (IC 35-42-5-2) (before its repeal). 34 (I) Criminal organization activity (IC 35-45-9-3). 35 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1). 36 (K) Criminal confinement (IC 35-42-3-3). 37 (2) The defendant committed the murder by the unlawful 38 detonation of an explosive with intent to injure a person or 39 damage property. 40 (3) The defendant committed the murder by lying in wait. 41 (4) The defendant who committed the murder was hired to kill. 42 (5) The defendant committed the murder by hiring another person 2024 IN 1267—LS 6912/DI 92 393 1 to kill. 2 (6) The victim of the murder was a corrections employee, 3 probation officer, parole officer, community corrections worker, 4 home detention officer, fireman, firefighter, judge, or law 5 enforcement officer, and either: 6 (A) the victim was acting in the course of duty; or 7 (B) the murder was motivated by an act the victim performed 8 while acting in the course of duty. 9 (7) The defendant has been convicted of another murder. 10 (8) The defendant has committed another murder, at any time, 11 regardless of whether the defendant has been convicted of that 12 other murder. 13 (9) The defendant was: 14 (A) under the custody of the department of correction; 15 (B) under the custody of a county sheriff; 16 (C) on probation after receiving a sentence for the commission 17 of a felony; or 18 (D) on parole; 19 at the time the murder was committed. 20 (10) The defendant dismembered the victim. 21 (11) The defendant: 22 (A) burned, mutilated, or tortured the victim; or 23 (B) decapitated or attempted to decapitate the victim; 24 while the victim was alive. 25 (12) The victim of the murder was less than twelve (12) years of 26 age. 27 (13) The victim was a victim of any of the following offenses for 28 which the defendant was convicted: 29 (A) A battery offense included in IC 35-42-2 committed before 30 July 1, 2014, as a Class D felony or as a Class C felony, or a 31 battery offense included in IC 35-42-2 committed after June 32 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4 33 felony, or a Level 3 felony. 34 (B) Kidnapping (IC 35-42-3-2). 35 (C) Criminal confinement (IC 35-42-3-3). 36 (D) A sex crime under IC 35-42-4. 37 (14) The victim of the murder was listed by the state or known by 38 the defendant to be a witness against the defendant and the 39 defendant committed the murder with the intent to prevent the 40 person from testifying. 41 (15) The defendant committed the murder by intentionally 42 discharging a firearm (as defined in IC 35-47-1-5): 2024 IN 1267—LS 6912/DI 92 394 1 (A) into an inhabited dwelling; or 2 (B) from a vehicle. 3 (16) The victim of the murder was pregnant and the murder 4 resulted in the intentional killing of a fetus that has attained 5 viability (as defined in IC 16-18-2-365). 6 (17) The defendant knowingly or intentionally: 7 (A) committed the murder: 8 (i) in a building primarily used for an educational purpose; 9 (ii) on school property; and 10 (iii) when students are present; or 11 (B) committed the murder: 12 (i) in a building or other structure owned or rented by a state 13 educational institution or any other public or private 14 postsecondary educational institution and primarily used for 15 an educational purpose; and 16 (ii) at a time when classes are in session. 17 (18) The murder is committed: 18 (A) in a building that is primarily used for religious worship; 19 and 20 (B) at a time when persons are present for religious worship or 21 education. 22 (c) The mitigating circumstances that may be considered under this 23 section are as follows: 24 (1) The defendant has no significant history of prior criminal 25 conduct. 26 (2) The defendant was under the influence of extreme mental or 27 emotional disturbance when the murder was committed. 28 (3) The victim was a participant in or consented to the defendant's 29 conduct. 30 (4) The defendant was an accomplice in a murder committed by 31 another person, and the defendant's participation was relatively 32 minor. 33 (5) The defendant acted under the substantial domination of 34 another person. 35 (6) The defendant's capacity to appreciate the criminality of the 36 defendant's conduct or to conform that conduct to the 37 requirements of law was substantially impaired as a result of 38 mental disease or defect or of intoxication. 39 (7) The defendant was less than eighteen (18) years of age at the 40 time the murder was committed. 41 (8) Any other circumstances appropriate for consideration. 42 (d) If the defendant was convicted of murder in a jury trial, the jury 2024 IN 1267—LS 6912/DI 92 395 1 shall reconvene for the sentencing hearing. If the trial was to the court, 2 or the judgment was entered on a guilty plea, the court alone shall 3 conduct the sentencing hearing. The jury or the court may consider all 4 the evidence introduced at the trial stage of the proceedings, together 5 with new evidence presented at the sentencing hearing. The court shall 6 instruct the jury concerning the statutory penalties for murder and any 7 other offenses for which the defendant was convicted, the potential for 8 consecutive or concurrent sentencing, and the availability of 9 educational credit, good time credit, and clemency. The court shall 10 instruct the jury that, in order for the jury to recommend to the court 11 that the death penalty or life imprisonment without parole should be 12 imposed, the jury must find at least one (1) aggravating circumstance 13 beyond a reasonable doubt as described in subsection (l) and shall 14 provide a special verdict form for each aggravating circumstance 15 alleged. The defendant may present any additional evidence relevant 16 to: 17 (1) the aggravating circumstances alleged; or 18 (2) any of the mitigating circumstances listed in subsection (c). 19 (e) For a defendant sentenced after June 30, 2002, except as 20 provided by IC 35-36-9, if the hearing is by jury, the jury shall 21 recommend to the court whether the death penalty or life imprisonment 22 without parole, or neither, should be imposed. The jury may 23 recommend: 24 (1) the death penalty; or 25 (2) life imprisonment without parole; 26 only if it makes the findings described in subsection (l). If the jury 27 reaches a sentencing recommendation, the court shall sentence the 28 defendant accordingly. After a court pronounces sentence, a 29 representative of the victim's family and friends may present a 30 statement regarding the impact of the crime on family and friends. The 31 impact statement may be submitted in writing or given orally by the 32 representative. The statement shall be given in the presence of the 33 defendant. 34 (f) If a jury is unable to agree on a sentence recommendation after 35 reasonable deliberations, the court shall discharge the jury and proceed 36 as if the hearing had been to the court alone. 37 (g) If the hearing is to the court alone, except as provided by 38 IC 35-36-9, the court shall: 39 (1) sentence the defendant to death; or 40 (2) impose a term of life imprisonment without parole; 41 only if it makes the findings described in subsection (l). 42 (h) If a court sentences a defendant to death, the court shall order 2024 IN 1267—LS 6912/DI 92 396 1 the defendant's execution to be carried out not later than one (1) year 2 and one (1) day after the date the defendant was convicted. The 3 supreme court has exclusive jurisdiction to stay the execution of a 4 death sentence. If the supreme court stays the execution of a death 5 sentence, the supreme court shall order a new date for the defendant's 6 execution. 7 (i) If a person sentenced to death by a court files a petition for 8 post-conviction relief, the court, not later than ninety (90) days after the 9 date the petition is filed, shall set a date to hold a hearing to consider 10 the petition. If a court does not, within the ninety (90) day period, set 11 the date to hold the hearing to consider the petition, the court's failure 12 to set the hearing date is not a basis for additional post-conviction 13 relief. The attorney general shall answer the petition for post-conviction 14 relief on behalf of the state. At the request of the attorney general, a 15 prosecuting attorney shall assist the attorney general. The court shall 16 enter written findings of fact and conclusions of law concerning the 17 petition not later than ninety (90) days after the date the hearing 18 concludes. However, if the court determines that the petition is without 19 merit, the court may dismiss the petition within ninety (90) days 20 without conducting a hearing under this subsection. 21 (j) A death sentence is subject to automatic review by the supreme 22 court. The review, which shall be heard under rules adopted by the 23 supreme court, shall be given priority over all other cases. The supreme 24 court's review must take into consideration all claims that the: 25 (1) conviction or sentence was in violation of the: 26 (A) Constitution of the State of Indiana; or 27 (B) Constitution of the United States; 28 (2) sentencing court was without jurisdiction to impose a 29 sentence; and 30 (3) sentence: 31 (A) exceeds the maximum sentence authorized by law; or 32 (B) is otherwise erroneous. 33 If the supreme court cannot complete its review by the date set by the 34 sentencing court for the defendant's execution under subsection (h), the 35 supreme court shall stay the execution of the death sentence and set a 36 new date to carry out the defendant's execution. 37 (k) A person who has been sentenced to death and who has 38 completed state post-conviction review proceedings may file a written 39 petition with the supreme court seeking to present new evidence 40 challenging the person's guilt or the appropriateness of the death 41 sentence if the person serves notice on the attorney general. The 42 supreme court shall determine, with or without a hearing, whether the 2024 IN 1267—LS 6912/DI 92 397 1 person has presented previously undiscovered evidence that 2 undermines confidence in the conviction or the death sentence. If 3 necessary, the supreme court may remand the case to the trial court for 4 an evidentiary hearing to consider the new evidence and its effect on 5 the person's conviction and death sentence. The supreme court may not 6 make a determination in the person's favor nor make a decision to 7 remand the case to the trial court for an evidentiary hearing without 8 first providing the attorney general with an opportunity to be heard on 9 the matter. 10 (l) Before a sentence may be imposed under this section, the jury, 11 in a proceeding under subsection (e), or the court, in a proceeding 12 under subsection (g), must find that: 13 (1) the state has proved beyond a reasonable doubt that at least 14 one (1) of the aggravating circumstances listed in subsection (b) 15 exists; and 16 (2) any mitigating circumstances that exist are outweighed by the 17 aggravating circumstance or circumstances. 18 SECTION 637. IC 36-3-2-7, AS AMENDED BY P.L.104-2022, 19 SECTION 152, IS AMENDED TO READ AS FOLLOWS 20 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) This section governs the 21 transfer of territory that is either: 22 (1) inside the corporate boundaries of the consolidated city and 23 contiguous to an excluded city; or 24 (2) inside the corporate boundaries of an excluded city and 25 contiguous to the consolidated city. 26 IC 36-4-3 does not apply to such a transfer. 27 (b) If the owners of land located in territory described in subsection 28 (a) want to have that territory transferred from one (1) municipality to 29 the other, they must file: 30 (1) a petition for annexation of that territory with the legislative 31 body of the contiguous municipality; and 32 (2) a petition for disannexation of that territory with the legislative 33 body of the municipality containing that territory. 34 Each petition must be signed by at least fifty-one percent (51%) of the 35 owners of land in the territory sought to be transferred. The territory 36 must be reasonably compact in configuration, and its boundaries must 37 generally follow streets or natural boundaries. 38 (c) Each legislative body shall, not later than sixty (60) days after a 39 petition is filed with it under subsection (b), either approve or 40 disapprove the petition, with the following results: 41 (1) If both legislative bodies approve, the transfer of territory 42 takes effect: 2024 IN 1267—LS 6912/DI 92 398 1 (A) on the effective date of the approval of the latter 2 legislative body to act; and 3 (B) when a copy of each transfer approval has been filed under 4 subsection (f). 5 (2) If the legislative body of the contiguous municipality 6 disapproves or fails to act within the prescribed period, the 7 proceedings are terminated. 8 (3) If the legislative body of the contiguous municipality approves 9 but the legislative body of the other municipality disapproves or 10 fails to act within the prescribed period, the proceedings are 11 terminated unless there is an appeal under subsection (d). 12 (d) In the case described by subsection (c)(3), the petitioners may, 13 not later than sixty (60) days after the disapproval or expiration of the 14 prescribed period, appeal to the circuit court. The appeal must allege 15 that the benefits to be derived by the petitioners from the transfer 16 outweigh the detriments to the municipality that has failed to approve, 17 which is defendant in the appeal. 18 (e) The court shall try an appeal under subsection (d) as other civil 19 actions, but without a jury. If the court determines that: 20 (1) the requirements of this section have been met; and 21 (2) the benefits to be derived by the petitioners outweigh the 22 detriments to the municipality; 23 it shall order the transfer of territory to take effect on the date its order 24 becomes final and shall file the order under subsection (f). However, 25 if the municipality, or a district of it, is furnishing sanitary sewer 26 service or municipal water service in the territory, or otherwise has 27 expended substantial sums for public facilities (other than roads) 28 specially benefiting the territory, the court shall deny the transfer. 29 (f) A municipal legislative body that approves a transfer of territory 30 under subsection (c) or a court that approves a transfer under 31 subsection (e) shall file a copy of the approval or order, setting forth a 32 legal description of the territory to be transferred, with: 33 (1) the office of the secretary of state; and 34 (2) the circuit court clerk of each county in which the 35 municipality is located. 36 (g) Not later than ten (10) days after the second of the two (2) 37 approvals is filed under subsection (f), the municipality that annexes 38 the territory shall provide notice to the chairman chairperson of the 39 alcohol and tobacco commission as set forth in IC 7.1-4-9-7 of any 40 retailer's or dealer's premises located within the annexed territory. 41 (h) A petition for annexation or disannexation under this section 42 may not be filed with respect to land as to which a transfer of territory 2024 IN 1267—LS 6912/DI 92 399 1 has been disapproved or denied within the preceding three (3) years. 2 (i) The legislative body of a municipality annexing territory under 3 this section shall assign the territory to at least one (1) municipal 4 legislative body district under IC 36-3-4-3 or IC 36-4-6 not later than 5 thirty (30) days after the transfer of territory becomes effective under 6 this section. 7 SECTION 638. IC 36-4-3-22.1, AS ADDED BY P.L.194-2021, 8 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2024]: Sec. 22.1. Not later than ten (10) days after an 10 annexation ordinance is filed under section 22 of this chapter, the 11 annexing municipality shall provide notice to the chairman 12 chairperson of the alcohol and tobacco commission in accordance 13 with IC 7.1-4-9-7 of any licensed premises located within the annexed 14 territory. 15 SECTION 639. IC 36-7-7-2, AS AMENDED BY P.L.127-2017, 16 SECTION 177, IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The legislative bodies of all 18 the counties in a region may, by concurrent resolutions, request the 19 establishment of a regional planning commission (referred to as a 20 "commission" in this chapter). Official copies of the resolutions must 21 be forwarded to the governor. who shall then appoint himself or 22 herself, or a member of the governor's staff to The governor, or the 23 governor's designated staff member, shall immediately notify the 24 other members of the commission and to act as temporary chair for the 25 election of officers. The commission shall, by resolution, designate a 26 name for itself that reflects the commission's role and function and that 27 may include the words "Regional Planning Commission". 28 (b) This subsection applies to each commission established after 29 July 1, 1978. A county participating in a commission is not subject to 30 the tax imposed under section 12 of this chapter, unless all the 31 concurrent resolutions establishing the commission accept the 32 application of the tax. 33 SECTION 640. IC 36-9-13-22, AS AMENDED BY P.L.84-2016, 34 SECTION 186, IS AMENDED TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2024]: Sec. 22. (a) Except as provided in 36 subsection (b), the board of directors of a building authority, acting in 37 the name of the authority, may: 38 (1) finance, improve, construct, reconstruct, renovate, purchase, 39 lease, acquire, equip, operate, maintain, and manage land, 40 government buildings, or systems for the joint or separate use of 41 one (1) or more eligible entities; 42 (2) lease all or part of land, government buildings, or systems to 2024 IN 1267—LS 6912/DI 92 400 1 eligible entities; 2 (3) govern, manage, regulate, operate, improve, reconstruct, 3 renovate, repair, and maintain any land, government building, or 4 system acquired or financed under this chapter; 5 (4) sue, be sued, plead, and be impleaded, but all actions against 6 the authority must be brought in the circuit court, superior court, 7 or probate court for the county in which the authority is located; 8 (5) condemn, appropriate, lease, rent, purchase, and hold any real 9 or personal property needed or considered useful in connection 10 with government buildings or systems regardless of whether that 11 property is then held for a governmental or public use; 12 (6) acquire real or personal property by gift, devise, or bequest 13 and hold, use, or dispose of that property for the purposes 14 authorized by this chapter; 15 (7) enter upon any lots or lands for the purpose of surveying or 16 examining them to determine the location of a government 17 building; 18 (8) design, order, contract for, and construct, reconstruct, 19 renovate, and maintain land, government buildings, or systems 20 and perform any work that is necessary or desirable to improve 21 the grounds, premises, and systems under its control; 22 (9) determine, allocate, and adjust space in government buildings 23 to be used by any eligible entity; 24 (10) construct, reconstruct, renovate, maintain, and operate 25 auditoriums, public meeting places, and parking facilities in 26 conjunction with or as a part of government buildings; 27 (11) collect all money that is due on account of the operation, 28 maintenance, or management of, or otherwise related to, land, 29 government buildings, or systems, and expend that money for 30 proper purposes; 31 (12) let concessions for the operation of restaurants, cafeterias, 32 public telephones, news and cigar stands, and vending machines; 33 (13) employ the managers, superintendents, architects, engineers, 34 consultants, attorneys, auditors, clerks, foremen, supervisors, 35 custodians, and other employees or independent contractors 36 necessary for the proper operation of land, government buildings, 37 or systems and fix the compensation of those employees or 38 independent contractors, but a contract of employment may not be 39 made for a period of more than four (4) years although it may be 40 extended or renewed from time to time; 41 (14) make and enter into all contracts and agreements necessary 42 or incidental to the performance of its duties and the execution of 2024 IN 1267—LS 6912/DI 92 401 1 its powers under this chapter; 2 (15) provide coverage for its employees under IC 22-3 and 3 IC 22-4; and 4 (16) accept grants and contributions for any purpose specified in 5 this subsection. 6 (b) The building authority in a county having a consolidated city 7 may not purchase, construct, acquire, finance, or lease any land, 8 government building, or system for use by an eligible entity other than 9 the consolidated city or county, unless that action is first approved by: 10 (1) the city-county legislative body; and 11 (2) the governing body of the eligible entity involved. 2024 IN 1267—LS 6912/DI 92