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Indiana Code 2018 - Indiana General Assembly, 2018 Session
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IC 4TITLE 4. STATE OFFICES AND ADMINISTRATION

 

           Art. 1.MISCELLANEOUS PROVISIONS
           Art. 1.5.REPEALED
           Art. 2.STATE OFFICERS GENERALLY
           Art. 3.GOVERNOR
           Art. 4.LIEUTENANT GOVERNOR
           Art. 5.SECRETARY OF STATE
           Art. 6.ATTORNEY GENERAL
           Art. 7.AUDITOR OF STATE
           Art. 8.REPEALED
           Art. 8.1.TREASURER OF STATE
           Art. 9.REPEALED
           Art. 9.1.STATE BOARD OF FINANCE
           Art. 10.STATE FUNDS GENERALLY
           Art. 11.LOANS OF STATE FUNDS AND MORTGAGES TO STATE
           Art. 12.APPROPRIATIONS MANAGEMENT
           Art. 13.ADMINISTRATIVE MANAGEMENT OF STATE SERVICES, EMPLOYEES, PURCHASES, AND PROPERTY
           Art. 13.1.OFFICE OF TECHNOLOGY
           Art. 13.4.REPEALED
           Art. 13.5.CONSTRUCTION OF STATE OFFICE BUILDINGS AND OTHER FACILITIES
           Art. 13.6.STATE PUBLIC WORKS
           Art. 14.REPEALED
           Art. 15.PERSONNEL ADMINISTRATION
           Art. 16.REPEALED
           Art. 17.STATE LANDS─ACQUISITION
           Art. 18.REPEALED
           Art. 19.REPEALED
           Art. 20.REPEALED
           Art. 20.5.STATE REAL PROPERTY
           Art. 21.REPEALED
           Art. 21.5.ADMINISTRATIVE ORDERS AND PROCEDURES
           Art. 22.ADMINISTRATIVE RULES AND PROCEDURES
           Art. 23.BOARDS AND COMMISSIONS
           Art. 24.INSTITUTIONS─GENERAL PROVISIONS
           Art. 25.REPEALED
           Art. 26.REPEALED
           Art. 27.REPEALED
           Art. 28.REPEALED
           Art. 29.TRIBAL GAMING
           Art. 30.INDIANA STATE LOTTERY
           Art. 31.PARI-MUTUEL WAGERING ON HORSE RACES
           Art. 32.REPEALED
           Art. 32.2.CHARITY GAMING
           Art. 33.RIVERBOAT GAMBLING
           Art. 34.INDIANA TECHNOLOGY FUND
           Art. 35.GAMBLING GAMES AT RACETRACKS
           Art. 36.TYPE II GAMING IN ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES
           Art. 37.STATE MUSEUM AND HISTORIC SITES

 

IC 4-1ARTICLE 1. MISCELLANEOUS PROVISIONS

 

           Ch. 1.Fiscal Year; Filing of Annual Reports to Governor
           Ch. 2.Office Hours; Employees' Hours of Work
           Ch. 3.State Government Relocation; Enemy Attack
           Ch. 4.Local Government Office Relocation; Enemy Attack
           Ch. 5.Repealed
           Ch. 6.Fair Information Practices; Privacy of Personal Information
           Ch. 7.Repealed
           Ch. 7.1.Expiration of Certain Agencies
           Ch. 8.State Requests for Social Security Number
           Ch. 9.Background Check of Employees of Bodies Corporate and Politic
           Ch. 10.Release of Social Security Number
           Ch. 11.Notice of Security Breach
           Ch. 12.Implementation of the Patient Protection and Affordable Care Act
           Ch. 13.Government Reduction Reports

 

IC 4-1-1Chapter 1. Fiscal Year; Filing of Annual Reports to Governor

 

           4-1-1-1Dates beginning and ending
           4-1-1-2Reports to governor

 

IC 4-1-1-1Dates beginning and ending

     Sec. 1. The fiscal year for the state of Indiana be, and the same is hereby fixed to begin with the first day of July in each year and to end with the thirtieth day of June of the succeeding year.

Formerly: Acts 1933, c.33, s.1.

 

IC 4-1-1-2Reports to governor

     Sec. 2. Wherever it is now provided by law that any officer, board, commission, department, institution, association, service, agency, or undertaking of state government shall file an annual report with the governor, such report shall be filed covering the fiscal year beginning July 1, and ending June 30, and such report shall be filed on or before September 1 of each year. However, such reports to be filed during the calendar year of 1933, shall cover the period from October 1, 1932, to June 30, 1933, and shall be filed on or before September 1, 1933.

Formerly: Acts 1933, c.33, s.3. As amended by P.L.136-2018, SEC.3.

 

IC 4-1-2Chapter 2. Office Hours; Employees' Hours of Work

 

           4-1-2-1State employees; working day; holidays; state library
           4-1-2-2Legal action on days state offices closed
           4-1-2-3Supreme court; court of appeals; rules for conduct of business

 

IC 4-1-2-1State employees; working day; holidays; state library

     Sec. 1. It is the intent of this chapter that state offices be open and able to conduct public business at all times during an eight and one-half (8 1/2) hour working day. Each employee shall work for a full seven and one-half (7 1/2) hours each working day and provision for a one (1) hour lunch period shall be provided each employee. Lunch hours of employees shall be staggered to permit the conduct of business at all times during a working day. Breaks shall be provided as set forth in IC 5-10-6-2. It shall be lawful for state offices to close their doors for business from the close of the working day each Friday or in the event Friday is a legal holiday, then from the close of the working day on the Thursday which immediately precedes such legal holiday, until the commencement of the working day on the next following Monday, or in the event Monday is a legal holiday, then until the commencement of the working day on the Tuesday which immediately follows such legal holiday; provided, however, that the state library may be kept open until noon Saturdays in the discretion of the Indiana library and historical board.

Formerly: Acts 1953, c.133, s.1. As amended by P.L.5-1984, SEC.1; P.L.13-2008, SEC.1.

 

IC 4-1-2-2Legal action on days state offices closed

     Sec. 2. Legal action required to be taken at state offices during the time said offices are closed pursuant to the provisions of this chapter can be taken on the next following day said offices are open pursuant to the provisions of this chapter to the same effect as if this chapter had not become law.

Formerly: Acts 1953, c.133, s.2. As amended by P.L.5-1984, SEC.2.

 

IC 4-1-2-3Supreme court; court of appeals; rules for conduct of business

     Sec. 3. Nothing in this chapter contained shall be construed to affect the business of the supreme court or court of appeals of the state of Indiana as regulated by rule or law.

Formerly: Acts 1953, c.133, s.3. As amended by P.L.5-1984, SEC.3.

 

IC 4-1-3Chapter 3. State Government Relocation; Enemy Attack

 

           4-1-3-1Governor's duties; general assembly establishing location
           4-1-3-2Validity of official acts performed at temporary emergency location
           4-1-3-3Conflicting laws

 

IC 4-1-3-1Governor's duties; general assembly establishing location

     Sec. 1. Whenever, due to any emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat of state government in Indianapolis, Marion County, state of Indiana, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at the place, or places, within or without this state as the governor may deem advisable under the circumstances, and shall take action and issue orders as may be necessary for an orderly transition of the affairs of state government to the emergency temporary location, or locations. The emergency temporary location, or locations, shall remain as the seat of government until the general assembly shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

Formerly: Acts 1959, c.199, s.1. As amended by P.L.215-2016, SEC.1.

 

IC 4-1-3-2Validity of official acts performed at temporary emergency location

     Sec. 2. During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required to be performed at the seat of government by any officer, agency, department or authority of this state, including the convening and meeting of the general assembly in regular or special session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.

Formerly: Acts 1959, c.199, s.2.

 

IC 4-1-3-3Conflicting laws

     Sec. 3. This chapter shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict with this chapter.

Formerly: Acts 1959, c.199, s.3. As amended by P.L.5-1984, SEC.4.

 

IC 4-1-4Chapter 4. Local Government Office Relocation; Enemy Attack

 

           4-1-4-1"Political subdivision"
           4-1-4-2Location; establishment by ordinances and resolutions
           4-1-4-3Powers of governing bodies; exercise without regard to formalities; validity of acts
           4-1-4-4Conflicting laws

 

IC 4-1-4-1"Political subdivision"

     Sec. 1. As used in this chapter, the term "political subdivision" shall mean any county, township, city, and town.

Formerly: Acts 1961, c.140, s.1. As amended by P.L.5-1984, SEC.5.

 

IC 4-1-4-2Location; establishment by ordinances and resolutions

     Sec. 2. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of any political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.

Formerly: Acts 1961, c.140, s.2.

 

IC 4-1-4-3Powers of governing bodies; exercise without regard to formalities; validity of acts

     Sec. 3. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at any such temporary location, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.

Formerly: Acts 1961, c.140, s.3.

 

IC 4-1-4-4Conflicting laws

     Sec. 4. This chapter shall control and be supreme in the event it shall be employed notwithstanding any provision of a statute or ordinance to the contrary or in conflict with this chapter.

Formerly: Acts 1961, c.140, s.4. As amended by P.L.5-1984, SEC.6.

 

IC 4-1-5Chapter 5. Repealed

Repealed by P.L.2-2007, SEC.390.

 

IC 4-1-6Chapter 6. Fair Information Practices; Privacy of Personal Information

 

           4-1-6-1Definitions
           4-1-6-2Personal information system
           4-1-6-3Right of inspection by data subject or agent; document search and duplication; standard charges
           4-1-6-4Disclosures limited to business hours; standard charges
           4-1-6-5Challenge of information by data subject; notice; minimum procedures
           4-1-6-6Securing of confidential information protected
           4-1-6-7State agencies maintaining one or more systems; requirements
           4-1-6-8Policy of access; restricted access as condition for receipt of donated materials
           4-1-6-8.5Consistent handling of information among and between agencies; principles and procedures
           4-1-6-8.6Requests for access to confidential records; improper disclosure; actions
           4-1-6-9Annual report to general assembly; specific statutory authorization for confidentiality; recommendations

 

IC 4-1-6-1Definitions

     Sec. 1. As used in this chapter, the term:

     (a) "Personal information system" means any recordkeeping process, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject.

     (b) "Personal information" means any information that describes, locates, or indexes anything about an individual or that affords a basis for inferring personal characteristics about an individual including, but not limited to, the individual's education, financial transactions, medical history, criminal or employment records, finger and voice prints, photographs, or the individual's presence, registration, or membership in an organization or activity or admission to an institution.

     (c) "Data subject" means an individual about whom personal information is indexed or may be located under the individual's name, personal number, or other identifiable particulars, in a personal information system.

     (d) "State agency" means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government, except those which are the responsibility of the auditor of state, treasurer of state, secretary of state, attorney general, superintendent of public instruction, and excepting the department of state police and state educational institutions. After January 10, 2025, "state agency" includes an agency, a board, a commission, a department, a bureau, or another entity under the superintendent of public instruction.

     (e) "Confidential" means information which has been so designated by statute or by promulgated rule or regulation based on statutory authority.

As added by Acts 1977, P.L.21, SEC.1. Amended by Acts 1978, P.L.10, SEC.1; P.L.19-1983, SEC.1; P.L.2-2007, SEC.17; P.L.215-2016, SEC.2; P.L.219-2017, SEC.7.

 

IC 4-1-6-2Personal information system

     Sec. 2. Any state agency maintaining a personal information system shall:

(1) collect, maintain, and use only that personal information as is relevant and necessary to accomplish a statutory purpose of the agency;

(2) collect information to the greatest extent practicable from the data subject directly when the information may result in adverse determinations about an individual's rights, benefits and privileges under federal or state programs;

(3) collect no personal information concerning in any way the political or religious beliefs, affiliations and activities of an individual unless expressly authorized by law or by a rule promulgated by the oversight committee on public records pursuant to IC 4-22-2;

(4) assure that personal information maintained or disseminated from the system is, to the maximum extent possible, accurate, complete, timely, and relevant to the needs of the state agency;

(5) inform any individual requested to disclose personal information whether that disclosure is mandatory or voluntary, by what statutory authority it is solicited, what uses the agency will make of it, what penalties and specific consequences for the individual, which are known to the agency, are likely to result from nondisclosure, whether the information will be treated as a matter of public record or as confidential information, and what rules of confidentiality will govern the information;

(6) insofar as possible segregate information of a confidential nature from that which is a matter of public record; and, pursuant to statutory authority, establish confidentiality requirements and appropriate access controls for all categories of personal information contained in the system;

(7) maintain a list of all persons or organizations having regular access to personal information which is not a matter of public record in the information system;

(8) maintain a complete and accurate record of every access to personal information in a system which is not a matter of public record by any person or organization not having regular access authority;

(9) refrain from preparing lists of the names and addresses of individuals for commercial or charitable solicitation purposes except as expressly authorized by law or by a rule promulgated by the oversight committee on public records pursuant to IC 4-22-2;

(10) make reasonable efforts to furnish prior notice to an individual before any personal information on such individual is made available to any person under compulsory legal process;

(11) establish rules and procedures to assure compliance with this chapter and instruct each of its employees having any responsibility or function in the design, development, operation or maintenance of such system or use of any personal information contained in the system of each requirement of this chapter and of each rule and procedure adopted by the agency to assure compliance with this chapter;

(12) establish appropriate administrative, technical and physical safeguards to insure the security of the information system and to protect against any anticipated threats or hazards to their security or integrity; and

(13) exchange with other agencies official personal information that it has collected in the pursuit of statutory functions when:

(A) the information is requested for purposes authorized by law including a rule promulgated pursuant to IC 4-22-2;

(B) the data subject would reasonably be expected to benefit from the action for which information is requested;

(C) the exchange would eliminate an unnecessary and expensive duplication in data collection and would not tangibly, adversely affect the data subject; or

(D) the exchange of information would facilitate the submission of documentation required for various state agencies and departments to receive federal funding reimbursement for programs which are being administered by the agencies and departments.

As added by Acts 1977, P.L.21, SEC.1. Amended by Acts 1978, P.L.10, SEC.2; Acts 1979, P.L.40, SEC.3; P.L.136-2018, SEC.4.

 

IC 4-1-6-3Right of inspection by data subject or agent; document search and duplication; standard charges

     Sec. 3. Unless otherwise prohibited by law, any state agency that maintains a personal information system shall, upon request and proper identification of any data subject, or a data subject's authorized agent, grant the subject or agent the right to inspect and to receive at reasonable, standard charges for document search and duplication, in a form comprehensible to the subject or agent:

     (a) all personal information about the data subject, unless otherwise provided by statute, whether the information is a matter of public record or maintained on a confidential basis, except in the case of medical and psychological records, where the records shall, upon written authorization of the data subject, be given to a physician or psychologist designated by the data subject;

     (b) the nature and sources of the personal information, except where the confidentiality of the sources is required by statute; and

     (c) the names and addresses of any recipients, other than those with regular access authority, of personal information of a confidential nature about the data subject, and the date, nature, and purpose of the disclosure.

As added by Acts 1977, P.L.21, SEC.1. Amended by P.L.215-2016, SEC.3.

 

IC 4-1-6-4Disclosures limited to business hours; standard charges

     Sec. 4. An agency shall make the disclosures to data subjects required under this chapter during regular business hours. Copies of the documents containing the personal information sought by the data subject shall be furnished to the data subject or the data subject's representative at reasonable, standard charges for document search and duplication.

As added by Acts 1977, P.L.21, SEC.1. Amended by P.L.215-2016, SEC.4.

 

IC 4-1-6-5Challenge of information by data subject; notice; minimum procedures

     Sec. 5. If the data subject gives notice that the data subject wishes to challenge, correct, or explain information about the data subject in the personal information system, the following minimum procedures shall be followed:

     (a) the agency maintaining the information system shall investigate and record the current status of that personal information;

     (b) if, after the investigation, the information is found to be incomplete, inaccurate, not pertinent, not timely or not necessary to be retained, it shall be promptly corrected or deleted;

     (c) if the investigation does not resolve the dispute, the data subject may file a statement of not more than two hundred (200) words setting forth the data subject's position;

     (d) whenever a statement of dispute is filed, the agency maintaining the data system shall supply any previous recipient with a copy of the statement and, in any subsequent dissemination or use of the information in question, clearly mark that it is disputed and supply the statement of the data subject along with the information;

     (e) the agency maintaining the information system shall clearly and conspicuously disclose to the data subject the data subject's rights to make a request;

     (f) following any correction or deletion of personal information the agency shall, at the request of the data subject, furnish to past recipients notification delivered to their last known address that the item has been deleted or corrected and shall require the recipients to acknowledge receipt of the notification and furnish the data subject the names and last known addresses of all past recipients of the uncorrected or undeleted information.

As added by Acts 1977, P.L.21, SEC.1. Amended by P.L.215-2016, SEC.5.

 

IC 4-1-6-6Securing of confidential information protected

     Sec. 6. The securing by any individual of any confidential information which such individuals may obtain through the exercise of any right secured under the provisions of this chapter shall not condition the granting or withholding of any right, privilege, or benefit, or be made a condition of employment.

As added by Acts 1977, P.L.21, SEC.1.

 

IC 4-1-6-7State agencies maintaining one or more systems; requirements

     Sec. 7. (a) Any state agency maintaining one (1) or more personal information systems shall file an annual report on the existence and character of each system added or eliminated since the last report with the governor on or before December 31.

     (b) The agency shall include in such report at least the following information:

(1) The name or descriptive title of the personal information system and its location.

(2) The nature and purpose of the system and the statutory or administrative authority for its establishment.

(3) The categories of individuals on whom personal information is maintained including the approximate number of all individuals on whom information is maintained and the categories of personal information generally maintained in the system including identification of those which are stored in computer accessible records and those which are maintained manually.

(4) All confidentiality requirements, specifically:

(A) those personal information systems or parts thereof which are maintained on a confidential basis pursuant to a statute, contractual obligation, or rule; and

(B) those personal information systems maintained on an unrestricted basis.

(5) In the case of subdivision (4)(A) of this subsection, the agency shall include detailed justification of the need for statutory or regulatory authority to maintain such personal information systems or parts thereof on a confidential basis and, in making such justification, the agency shall make reference to section 8 of this chapter.

(6) The categories of sources of such personal information.

(7) The agency's policies and practices regarding the implementation of section 2 of this chapter relating to information storage, duration of retention of information, and elimination of information from the system.

(8) The uses made by the agency of personal information contained in the system.

(9) The identity of agency personnel, other agencies, and persons or categories of persons to whom disclosures of personal information are made or to whom access to the system may be granted, together with the purposes therefor and the restriction, if any, on such disclosures and access, including any restrictions on redisclosure.

(10) A listing identifying all forms used in the collection of personal information.

(11) The name, title, business address, and telephone number of the person immediately responsible for bringing and keeping the system in compliance with the provisions of this chapter.

As added by Acts 1977, P.L.21, SEC.1. Amended by Acts 1978, P.L.10, SEC.3; P.L.19-1983, SEC.2.

 

IC 4-1-6-8Policy of access; restricted access as condition for receipt of donated materials

     Sec. 8. (a) All state agencies subject to the provisions of this chapter shall adhere to the policy that all persons are entitled to access to information regarding the affairs of government and the official acts of those who represent them as public servants, such access being required to enable the people to freely and fully discuss all matters necessary for the making of political judgments. To that end, the provisions of this chapter shall be construed to provide access to public records to the extent consistent with the due protection of individual privacy.

     (b) Where such assurance is needed to obtain valuable considerations or gifts (which may include information) for the state, any agency, with the prior written approval of the oversight committee on public records, may allow restrictions upon public access to be imposed upon it as a specific condition of a contract, with a time limit not to exceed fifty (50) years or the lifetime of the individual, whichever is less. In order to promote the preservation of historical, cultural, natural, and other irreplaceable resources, the department of natural resources or the Indiana state library may extend, beyond the lifetime of the individual, restrictions upon disclosure of information received, providing that such restrictions do not exceed fifty (50) years from the date of the donation in the case of the Indiana state library.

As added by Acts 1977, P.L.21, SEC.1. Amended by Acts 1978, P.L.10, SEC.4; Acts 1979, P.L.40, SEC.4; P.L.19-1983, SEC.3.

 

IC 4-1-6-8.5Consistent handling of information among and between agencies; principles and procedures

     Sec. 8.5. In order to establish consistent handling of the same or similar personal information within and among agencies, each state agency collecting, maintaining, or transmitting such information shall apply the following principles and procedures:

(1) Information collected after December 31, 1978, which is classified as confidential must be clearly and uniformly designated as confidential in any form or other document in which it appears.

(2) When an agency which holds information classified as confidential disseminates that information to another agency, the receiving agency shall treat it in the same manner as the originating agency.

As added by Acts 1978, P.L.10, SEC.5. Amended by P.L.19-1983, SEC.4.

 

IC 4-1-6-8.6Requests for access to confidential records; improper disclosure; actions

     Sec. 8.6. (a) In cases where access to confidential records containing personal information is desired for research purposes, the agency shall grant access if:

(1) the requestor states in writing to the agency the purpose, including any intent to publish findings, the nature of the data sought, what personal information will be required, and what safeguards will be taken to protect the identity of the data subjects;

(2) the proposed safeguards are adequate to prevent the identity of an individual data subject from being known;

(3) the researcher executes an agreement on a form, approved by the oversight committee on public records, with the agency, which incorporates such safeguards for protection of individual data subjects, defines the scope of the research project, and informs the researcher that failure to abide by conditions of the approved agreement constitutes a breach of contract and could result in civil litigation by the data subject or subjects;

(4) the researcher agrees to pay all direct or indirect costs of the research; and

(5) the agency maintains a copy of the agreement or contract for a period equivalent to the life of the record.

     (b) Improper disclosure of confidential information by a state employee is cause for action to dismiss the employee.

As added by Acts 1978, P.L.10, SEC.6. Amended by Acts 1979, P.L.40, SEC.5; P.L.19-1983, SEC.5.

 

IC 4-1-6-9Annual report to general assembly; specific statutory authorization for confidentiality; recommendations

     Sec. 9. (a) Under the authority of the governor, a report shall be prepared, on or before December 1 annually, advising the general assembly of the personal information systems, or parts thereof, of agencies subject to this chapter, which are recommended to be maintained on a confidential basis by specific statutory authorization because their disclosure would constitute an invasion of personal privacy and there is no compelling, demonstrable and overriding public interest in disclosure. Such recommendations may include, but not be limited to, specific personal information systems or parts thereof which can be categorized as follows:

(1) Personal information maintained with respect to students and clients, patients or other individuals receiving social, medical, vocational, supervisory or custodial care or services directly or indirectly from public bodies.

(2) Personal information, excepting salary information, maintained with respect to employees, appointees or elected officials of any public body or applicants for such positions.

(3) Information required of any taxpayer in connection with the assessment or collection of any income tax.

(4) Information revealing the identity of persons who file complaints with administrative, investigative, law enforcement or penology agencies.

     (b) In addition, such report may list records or categories of records, which are recommended to be exempted from public disclosure by specific statutory authorization for reasons other than that their disclosure would constitute an unwarranted invasion of personal privacy, along with justification therefor.

     (c) A report described in this section must be in an electronic format under IC 5-14-6.

As added by Acts 1977, P.L.21, SEC.1. Amended by P.L.28-2004, SEC.13.

 

IC 4-1-7Chapter 7. Repealed

Repealed, as added by Acts 1977, P.L.22, SEC.1, by Acts 1978, P.L.8, SEC.4. Repealed, as added by Acts 1977, P.L.23, SEC.1, by Acts 1982, P.L.6, SEC.3.

 

IC 4-1-7.1Chapter 7.1. Expiration of Certain Agencies

 

           4-1-7.1-1"Agency" defined
           4-1-7.1-2Agencies created by resolution
           4-1-7.1-3Agencies created by executive order
           4-1-7.1-4Repealed
           4-1-7.1-5Repealed
           4-1-7.1-6"Accord"

 

IC 4-1-7.1-1"Agency" defined

     Sec. 1. "Agency" means any agency, authority, board, bureau, commission, committee, department, division, institution, or other similar unit created or established by act or resolution of the general assembly or by the executive order of an officer of the state; "agency" does not mean a subunit of an agency created by that agency.

As added by Acts 1982, P.L.6, SEC.2.

 

IC 4-1-7.1-2Agencies created by resolution

     Sec. 2. Every agency created by resolution expires no later than the expiration of the general assembly which created it.

As added by Acts 1982, P.L.6, SEC.2.

 

IC 4-1-7.1-3Agencies created by executive order

     Sec. 3. Every agency created by executive order expires no later than the date the officer who created it ceases to hold office.

As added by Acts 1982, P.L.6, SEC.2.

 

IC 4-1-7.1-4Repealed

As added by Acts 1982, P.L.6, SEC.2. Amended by P.L.12-1983, SEC.3; P.L.15-1988, SEC.1; P.L.13-1989, SEC.1; P.L.9-1991, SEC.1; P.L.2-1992, SEC.27. Repealed by P.L.11-1993, SEC.8.

 

IC 4-1-7.1-5Repealed

As added by P.L.11-1993, SEC.5. Repealed by P.L.2-2005, SEC.131.

 

IC 4-1-7.1-6"Accord"

     Sec. 6. (a) For purposes of this section, "Accord" refers to the Midwest Greenhouse Gas Reduction Accord signed on November 15, 2007.

     (b) Notwithstanding any other law, rule, or regulation, the participation of the state of Indiana in the Accord in any capacity, including as a signatory or an observer to the Accord, terminates not later than the date on which the elected official who signed the Accord on behalf of the state of Indiana ceases to hold office.

As added by P.L.113-2014, SEC.1.

 

IC 4-1-8Chapter 8. State Requests for Social Security Number

 

           4-1-8-1Prohibition against state agencies requiring individual Social Security numbers; exemptions
           4-1-8-2Forms including request; statement and notification; requisite information; posting
           4-1-8-3Forms including request; requisite statement and notification; printing and appendage
           4-1-8-4Refusal to provide number; obtaining from other source prohibited
           4-1-8-5Refusal to provide number; penalty prohibited
           4-1-8-6Removal of Social Security number from agency records; substitute identification number; notice on forms
           4-1-8-7Exempt agencies to report

 

IC 4-1-8-1Prohibition against state agencies requiring individual Social Security numbers; exemptions

     Sec. 1. (a) No individual may be compelled by any state agency, board, commission, department, bureau, or other entity of state government (referred to as "state agency" in this chapter) to provide the individual's Social Security number to the state agency against the individual's will, absent federal requirements to the contrary. However, the provisions of this chapter do not apply to the following:

(1) Department of state revenue.

(2) Department of workforce development.

(3) The programs administered by:

(A) the division of family resources;

(B) the division of mental health and addiction;

(C) the division of disability and rehabilitative services;

(D) the division of aging; and

(E) the office of Medicaid policy and planning;

of the office of the secretary of family and social services.

(4) Auditor of state.

(5) State personnel department.

(6) Secretary of state, with respect to the registration of broker-dealers, agents, and investment advisors.

(7) The lobby registration commission, with respect to the registration of lobbyists.

(8) Indiana department of administration, with respect to bidders on contracts.

(9) Indiana department of transportation, with respect to bidders on contracts.

(10) Indiana professional licensing agency.

(11) Department of insurance, with respect to licensing of insurance producers.

(12) The department of child services.

(13) A pension fund administered by the board of trustees of the Indiana public retirement system.

(14) The state police benefit system.

(15) The alcohol and tobacco commission.

(16) The state department of health, for purposes of licensing radiologic technologists under IC 16-41-35-29(c).

     (b) The bureau of motor vehicles may, notwithstanding this chapter, require the following:

(1) That an individual include the individual's Social Security number in an application for an official certificate of title for any vehicle required to be titled under IC 9-17.

(2) That an individual include the individual's Social Security number on an application for registration.

(3) That a corporation, limited liability company, firm, partnership, or other business entity include its federal tax identification number on an application for registration.

(4) That an individual include the individual's Social Security number on an application for a license, a permit, or an identification card.

     (c) The Indiana department of administration, the Indiana department of transportation, and the Indiana professional licensing agency may require an employer to provide its federal employer identification number.

     (d) The department of correction may require a committed offender to provide the offender's Social Security number for purposes of matching data with the Social Security Administration to determine benefit eligibility.

     (e) The Indiana gaming commission may, notwithstanding this chapter, require the following:

(1) That an individual include the individual's Social Security number:

(A) in any application for a riverboat owner's license, supplier's license, or occupational license; or

(B) in any document submitted to the commission in the course of an investigation necessary to ensure that gaming under IC 4-32.2, IC 4-33, and IC 4-35 is conducted with credibility and integrity.

(2) That a sole proprietorship, a partnership, an association, a fiduciary, a corporation, a limited liability company, or any other business entity include its federal tax identification number on an application for a riverboat owner's license or supplier's license.

     (f) Notwithstanding this chapter, the department of education established by IC 20-19-3-1 may require an individual who applies to the department for a license or an endorsement to provide the individual's Social Security number. The Social Security number may be used by the department only for conducting a background investigation, if the department is authorized by statute to conduct a background investigation of an individual for issuance of the license or endorsement.

As added by Acts 1978, P.L.8, SEC.3. Amended by Acts 1979, P.L.16, SEC.1; Acts 1981, P.L.23, SEC.1; P.L.6-1987, SEC.3; P.L.18-1987, SEC.1; P.L.14-1989, SEC.1; P.L.335-1989(ss), SEC.1; P.L.1-1990, SEC.10; P.L.2-1991, SEC.19; P.L.2-1992, SEC.28; P.L.1-1993, SEC.15; P.L.21-1993, SEC.1; P.L.22-1993, SEC.1; P.L.8-1993, SEC.6; P.L.1-1994, SEC.7; P.L.20-1995, SEC.1; P.L.21-1995, SEC.1; P.L.215-2001, SEC.1; P.L.261-2003, SEC.2; P.L.178-2003, SEC.1; P.L.72-2004, SEC.1; P.L.1-2005, SEC.55; P.L.246-2005, SEC.37; P.L.1-2006, SEC.6; P.L.141-2006, SEC.3; P.L.145-2006, SEC.3; P.L.157-2006, SEC.1; P.L.1-2007, SEC.2; P.L.142-2009, SEC.1; P.L.35-2012, SEC.13; P.L.85-2013, SEC.1; P.L.86-2018, SEC.4.

 

IC 4-1-8-2Forms including request; statement and notification; requisite information; posting

     Sec. 2. (a) On any form, application, or other writing prepared by or issued under the authority of any state agency, the following information must be included if the individual is requested to provide the individual's Social Security number:

(1) a brief statement of the reason why the Social Security number is requested by the state agency; and

(2) a notification either:

(A) that the state agency is required by federal law to obtain the individual's Social Security number and that the form or application cannot be processed unless the individual provides the number, if that be the case; or

(B) that the individual has the right to refuse to provide the individual's Social Security number to the agency, if the individual so desires, and that the individual will not be penalized.

     (b) In any location where a form, application, or other writing covered in subsection (a) is taken or filled out, there shall be posted in a conspicuous place a sign in bold print containing information identical to that required on the forms required in subsection (a).

As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.215-2016, SEC.6.

 

IC 4-1-8-3Forms including request; requisite statement and notification; printing and appendage

     Sec. 3. There shall be printed on all forms, applications or other writings which include a request for the social security number produced by or for any state agency on and after January 1, 1978, immediately preceding or following such request, the statement and notification required by section 2 of this chapter. To all forms, applications and other writings which include a request for the social security number already in use, but not yet executed, by a state agency on January 1, 1978, there shall be appended, on or before said date, the statement and notification required by section 2 of this chapter.

As added by Acts 1978, P.L.8, SEC.3.

 

IC 4-1-8-4Refusal to provide number; obtaining from other source prohibited

     Sec. 4. In any case where an individual shall refuse to provide the individual's Social Security number to a state agency in accordance with the provisions of section 2(a)(2)(B) of this chapter, the state agency to which the individual has made the individual's refusal known is prohibited from obtaining the Social Security number from any other source.

As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.215-2016, SEC.7.

 

IC 4-1-8-5Refusal to provide number; penalty prohibited

     Sec. 5. No individual shall be penalized in any manner, by the loss or threat of loss of services or assistance or by the denial or refusal to issue any license or permit, by a state agency for the individual's refusal in accordance with the provisions of section 2(a)(2)(B) of this chapter to provide the individual's Social Security number to the state agency.

As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.215-2016, SEC.8.

 

IC 4-1-8-6Removal of Social Security number from agency records; substitute identification number; notice on forms

     Sec. 6. Each state agency covered by this chapter shall develop a method under which a person who has previously given the person's Social Security number to the state agency at that person's request may have the number removed from the records of the agency and substitute the new identification number to be used by the person. The notice printed on forms and posted in the office of the agency shall include information on the right of the applicant to remove the applicant's Social Security number from existing records.

As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.215-2016, SEC.9.

 

IC 4-1-8-7Exempt agencies to report

     Sec. 7. Each state agency, which is exempt under the provisions of section 1 of this chapter, shall prepare a report, on or before January 1 annually, to the general assembly setting forth any form, application, or other writing required or maintained by it which contains the social security number of any individual. Such report shall also set forth the reason or rationale for requiring such social security number. The report must be in an electronic format under IC 5-14-6.

As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.28-2004, SEC.14.

 

IC 4-1-9Chapter 9. Background Check of Employees of Bodies Corporate and Politic

 

           4-1-9-1Application
           4-1-9-2Application
           4-1-9-3Policy required
           4-1-9-4Policy not less stringent than state personnel department policy

 

IC 4-1-9-1Application

     Sec. 1. This chapter applies only to a body corporate and politic.

As added by P.L.261-2003, SEC.3.

 

IC 4-1-9-2Application

     Sec. 2. This chapter does not apply to a political subdivision.

As added by P.L.261-2003, SEC.3.

 

IC 4-1-9-3Policy required

     Sec. 3. A body corporate and politic shall establish a policy for conducting background checks of persons for purposes of employment with the body corporate and politic.

As added by P.L.261-2003, SEC.3.

 

IC 4-1-9-4Policy not less stringent than state personnel department policy

     Sec. 4. A policy adopted under this chapter may not be less stringent than a background check policy implemented by the state personnel department for employment with a state agency that is subject to the jurisdiction of the state personnel department.

As added by P.L.261-2003, SEC.3.

 

IC 4-1-10Chapter 10. Release of Social Security Number

 

           4-1-10-1Applicability
           4-1-10-1.5"Person"
           4-1-10-2"State agency"
           4-1-10-3Nondisclosure of Social Security number
           4-1-10-4Exceptions to nondisclosures of Social Security number
           4-1-10-5Permitted disclosures of Social Security number
           4-1-10-5.5Disclosure of Social Security number by state educational institution
           4-1-10-6State agency compliance
           4-1-10-7Impermissible disclosure of Social Security number; required notice
           4-1-10-8Criminal disclosures of Social Security number; Level 6 felony
           4-1-10-9False representation to obtain Social Security number; Level 6 felony
           4-1-10-10Negligent disclosure of Social Security number; Class A infraction
           4-1-10-11Attorney general investigation of disclosures; notice to county prosecutor and state police
           4-1-10-12Attorney general determination of infraction; report to appointing authority and county prosecutor
           4-1-10-13Attorney general rulemaking authority

 

IC 4-1-10-1Applicability

     Sec. 1. This chapter applies after June 30, 2006.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-1.5"Person"

     Sec. 1.5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or other legal entity.

As added by P.L.160-2007, SEC.1.

 

IC 4-1-10-2"State agency"

     Sec. 2. As used in this chapter, "state agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of the executive, including the administrative, department of state government. Except as provided in subdivision (4), the term does not include the judicial or legislative department of state government. The term includes the following:

(1) A state elected official's office.

(2) A state educational institution.

(3) A body corporate and politic of the state created by state statute.

(4) The Indiana lobby registration commission established by IC 2-7-1.6-1.

As added by P.L.91-2005, SEC.1. Amended by P.L.2-2007, SEC.18.

 

IC 4-1-10-3Nondisclosure of Social Security number

     Sec. 3. (a) For purposes of this section, disclosure of the last four (4) digits of an individual's Social Security number is not a disclosure of the individual's Social Security number.

     (b) Except as provided in section 4 or 5 of this chapter, a state agency may not disclose an individual's Social Security number.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-4Exceptions to nondisclosures of Social Security number

     Sec. 4. Unless prohibited by state law, federal law, or court order, the following apply:

(1) A state agency may disclose the Social Security number of an individual to a state, local, or federal agency.

(2) A state law enforcement agency may, for purposes of furthering an investigation, disclose the Social Security number of an individual to any individual, state, local, or federal agency, or other legal entity.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-5Permitted disclosures of Social Security number

     Sec. 5. (a) A state agency may disclose the Social Security number of an individual if any of the following apply:

(1) The disclosure of the Social Security number is expressly required by state law, federal law, or a court order.

(2) The individual expressly consents in writing to the disclosure of the individual's Social Security number.

(3) The disclosure of the Social Security number is:

(A) made to comply with:

(i) the USA Patriot Act of 2001 (P.L. 107-56); or

(ii) Presidential Executive Order 13224; or

(B) to a commercial entity for the permissible uses set forth in the:

(i) Drivers Privacy Protection Act (18 U.S.C. 2721 et seq.);

(ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or

(iii) Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.).

(4) The disclosure of the Social Security number is for the purpose of administration of a state agency employee's or the state agency employee's dependent's health benefits.

(5) The disclosure of the Social Security number is for the purpose of administration of:

(A) a pension fund administered by the board of trustees of the Indiana public retirement system;

(B) a deferred compensation plan or defined contribution plan established under IC 5-10-1.1;

(C) a pension plan established by the state police department under IC 10-12;

(D) the Uniform Commercial Code (IC 26-1) by the office of the secretary of state; or

(E) Title IV-D of the federal Social Security Act.

     (b) A state agency's disclosure of the Social Security number of an individual in compliance with subsection (a) does not violate IC 5-14-3-4(a)(12).

As added by P.L.91-2005, SEC.1. Amended by P.L.29-2006, SEC.1; P.L.106-2008, SEC.1; P.L.35-2012, SEC.14; P.L.128-2012, SEC.1.

 

IC 4-1-10-5.5Disclosure of Social Security number by state educational institution

     Sec. 5.5. Unless prohibited by state law, federal law, or a court order, the following apply:

(1) A state educational institution may disclose, in addition to the disclosures otherwise permitted by this chapter, a Social Security number of an individual to the following:

(A) A state, local, or federal agency or a person with whom a state, local, or federal agency has a contract to perform the agency's duties and responsibilities.

(B) A person that the state educational institution contracts with to provide goods or services to the state educational institution if:

(i) the disclosure is necessary for the contractor to perform the contractor's duties and responsibilities under the contract; and

(ii) the contract requires adequate safeguards, including any safeguards required by state or federal law, to prevent any use or disclosure of the Social Security numbers for any purpose other than those purposes described in the contract and to require the return or confirmed destruction of any Social Security numbers following termination of the contractual relationship.

(C) Persons to whom the state educational institution may otherwise legally disclose for the permissible purposes of the following:

(i) The Family Education Rights and Privacy Act (20 U.S.C. 1232g et seq.).

(ii) The Health Insurance Portability and Accountability Act (42 U.S.C. 201 et seq.).

(D) The state educational institution's legal counsel, but only to the extent that a state educational institution could disclose a Social Security number to an in-house counsel.

(2) Consent for the authorized disclosure of any individual's Social Security number may be given to a state educational institution by electronic transmission if the state educational institution is reasonably able to verify the authenticity of the consent. A state educational institution may rely on the written consent of an individual given to a third party if the consent expressly permits the disclosure of the individual's Social Security number by the state educational institution.

As added by P.L.160-2007, SEC.2.

 

IC 4-1-10-6State agency compliance

     Sec. 6. A state agency complies with section 3 of this chapter if the agency:

(1) removes; or

(2) completely and permanently obscures;

a Social Security number on a public record before disclosing the public record.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-7Impermissible disclosure of Social Security number; required notice

     Sec. 7. If a state agency releases a Social Security number in violation of this chapter, the agency shall provide notice to the person whose Social Security number was disclosed in the manner set forth in IC 4-1-11.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-8Criminal disclosures of Social Security number; Level 6 felony

     Sec. 8. An employee of a state agency who knowingly, intentionally, or recklessly discloses a Social Security number in violation of this chapter commits a Level 6 felony.

As added by P.L.91-2005, SEC.1. Amended by P.L.158-2013, SEC.57.

 

IC 4-1-10-9False representation to obtain Social Security number; Level 6 felony

     Sec. 9. A person who knowingly, intentionally, or recklessly makes a false representation to a state agency to obtain a Social Security number from the state agency commits a Level 6 felony.

As added by P.L.91-2005, SEC.1. Amended by P.L.158-2013, SEC.58.

 

IC 4-1-10-10Negligent disclosure of Social Security number; Class A infraction

     Sec. 10. An employee of a state agency who negligently discloses a Social Security number in violation of this chapter commits a Class A infraction.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-11Attorney general investigation of disclosures; notice to county prosecutor and state police

     Sec. 11. (a) The attorney general may investigate any allegation that a Social Security number was disclosed in violation of this chapter.

     (b) If the attorney general determines that there is evidence that a state employee committed a criminal act under section 8 or 9 of this chapter, the attorney general shall report the attorney general's findings to:

(1) the prosecuting attorney in the county where the criminal act occurred; and

(2) the state police department.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-12Attorney general determination of infraction; report to appointing authority and county prosecutor

     Sec. 12. If the attorney general determines that there is evidence that a state employee committed an infraction under section 10 of this chapter, the attorney general:

(1) shall report the attorney general's findings to the appointing authority (as defined in IC 4-2-6-1) of the agency that employs the employee; and

(2) may report the attorney general's findings to the local prosecuting attorney in the county where the infraction occurred.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-10-13Attorney general rulemaking authority

     Sec. 13. The attorney general may adopt rules under IC 4-22-2 that the attorney general considers necessary to carry out this chapter.

As added by P.L.91-2005, SEC.1.

 

IC 4-1-11Chapter 11. Notice of Security Breach

 

           4-1-11-1Applicability
           4-1-11-2"Breach of the security of the system"
           4-1-11-3"Personal information"
           4-1-11-4"State agency"
           4-1-11-5Disclosures of security breach
           4-1-11-6Notification to third party owner of security breach
           4-1-11-7Time requirement for notification
           4-1-11-8Form of notification
           4-1-11-9Alternate form of notification
           4-1-11-10Notification to consumer reporting agencies

 

IC 4-1-11-1Applicability

     Sec. 1. This chapter applies after June 30, 2006.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-2"Breach of the security of the system"

     Sec. 2. (a) As used in this chapter, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a state or local agency.

     (b) The term does not include the following:

(1) Good faith acquisition of personal information by an agency or employee of the agency for purposes of the agency, if the personal information is not used or subject to further unauthorized disclosure.

(2) Unauthorized acquisition of a portable electronic device on which personal information is stored if access to the device is protected by a password that has not been disclosed.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-3"Personal information"

     Sec. 3. (a) As used in this chapter, "personal information" means:

(1) an individual's:

(A) first name and last name; or

(B) first initial and last name; and

(2) at least one (1) of the following data elements:

(A) Social Security number.

(B) Driver's license number or identification card number.

(C) Account number, credit card number, debit card number, security code, access code, or password of an individual's financial account.

     (b) The term does not include the following:

(1) The last four (4) digits of an individual's Social Security number.

(2) Publicly available information that is lawfully made available to the public from records of a federal agency or local agency.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-4"State agency"

     Sec. 4. As used in this section "state agency" has the meaning set forth in IC 4-1-10-2.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-5Disclosures of security breach

     Sec. 5. (a) Any state agency that owns or licenses computerized data that includes personal information shall disclose a breach of the security of the system following discovery or notification of the breach to any state resident whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person.

     (b) The disclosure of a breach of the security of the system shall be made:

(1) without unreasonable delay; and

(2) consistent with:

(A) the legitimate needs of law enforcement, as described in section 7 of this chapter; and

(B) any measures necessary to:

(i) determine the scope of the breach; and

(ii) restore the reasonable integrity of the data system.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-6Notification to third party owner of security breach

     Sec. 6. (a) This section applies to a state agency that maintains computerized data that includes personal information that the state agency does not own.

     (b) If personal information was or is reasonably believed to have been acquired by an unauthorized person, the state agency shall notify the owner or licensee of the information of a breach of the security of the system immediately following discovery. The agency shall provide the notice to state residents as required under section 5 of this chapter.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-7Time requirement for notification

     Sec. 7. The notification required by this chapter:

(1) may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation; and

(2) shall be made after the law enforcement agency determines that it will not compromise the investigation.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-8Form of notification

     Sec. 8. Except as provided in section 9 of this chapter, a state agency may provide the notice required under this chapter:

(1) in writing; or

(2) by electronic mail, if the individual has provided the state agency with the individual's electronic mail address.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-9Alternate form of notification

     Sec. 9. (a) This section applies if a state agency demonstrates that:

(1) the cost of providing the notice required under this chapter is at least two hundred fifty thousand dollars ($250,000);

(2) the number of persons to be notified is at least five hundred thousand (500,000); or

(3) the agency does not have sufficient contact information;

the state agency may use an alternate form of notice set forth in subsection (b).

     (b) A state agency may provide the following alternate forms of notice if authorized by subsection (a):

(1) Conspicuous posting of the notice on the state agency's web site if the state agency maintains a web site.

(2) Notification to major statewide media.

As added by P.L.91-2005, SEC.2.

 

IC 4-1-11-10Notification to consumer reporting agencies

     Sec. 10. If a state agency is required to provide notice under this chapter to more than one thousand (1,000) individuals, the state agency shall notify without unreasonable delay all consumer reporting agencies (as defined in 15 U.S.C. 1681a) of the distribution and content of the notice.

As added by P.L.91-2005, SEC.2. Amended by P.L.1-2006, SEC.7.

 

IC 4-1-12Chapter 12. Implementation of the Patient Protection and Affordable Care Act

 

           4-1-12-1"Patient Protection and Affordable Care Act"
           4-1-12-2"Health plan"
           4-1-12-3Prohibition on requiring an individual to purchase health plan coverage
           4-1-12-4Investigation of specified provisions of act; authority to apply for a waiver

 

IC 4-1-12-1"Patient Protection and Affordable Care Act"

     Sec. 1. As used in this chapter, "Patient Protection and Affordable Care Act" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), as amended from time to time, and regulations or guidance issued under those acts.

As added by P.L.160-2011, SEC.1.

 

IC 4-1-12-2"Health plan"

     Sec. 2. As used in the chapter, "health plan" means a policy, contract, certificate, or agreement offered or issued:

(1) by an entity that assumes or carries insurance risk; and

(2) to provide, deliver, arrange for, pay for, or reimburse the costs of health care services.

As added by P.L.160-2011, SEC.1.

 

IC 4-1-12-3Prohibition on requiring an individual to purchase health plan coverage

     Sec. 3. Notwithstanding any other law, a resident of Indiana may not be required to purchase coverage under a health plan. A resident may delegate to the resident's employer the resident's authority to purchase or decline to purchase coverage under a health plan.

As added by P.L.160-2011, SEC.1.

 

IC 4-1-12-4Investigation of specified provisions of act; authority to apply for a waiver

     Sec. 4. The office of the secretary of family and social services and the department of insurance:

(1) shall investigate; and

(2) may apply for a waiver under;

42 U.S.C. 18052 of the Patient Protection and Affordable Care Act.

As added by P.L.160-2011, SEC.1.

 

IC 4-1-13Chapter 13. Government Reduction Reports

 

           4-1-13-1"State agency"
           4-1-13-2List of unused or unnecessary laws to legislative council

 

IC 4-1-13-1"State agency"

     Sec. 1. (a) As used in this chapter, "state agency" means every agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government.

     (b) The term includes every agency, board, commission, department, bureau, or other entity that is the responsibility of the auditor of state, treasurer of state, secretary of state, attorney general, and superintendent of public instruction.

(c) The term includes a state educational institution.

As added by P.L.89-2017, SEC.1.

 

IC 4-1-13-2List of unused or unnecessary laws to legislative council

     Sec. 2. (a) Not later than November 1 of each year, each state agency shall:

(1) compile a list of all state laws administered by the state agency that the state agency considers to be in need of substantive amendment or repeal because the laws are no longer necessary or used; and

(2) report the list compiled under subdivision (1) to the legislative council in an electronic format under IC 5-14-6.

     (b) A list compiled under subsection (a) must include the:

(1) state agency's rationale for each substantive amendment or repeal; and

(2) manner in which the state agency suggests each substantive amendment should be drafted for inclusion in amending legislation.

As added by P.L.89-2017, SEC.1.

 

IC 4-1.5ARTICLE 1.5. REPEALED

Repealed by P.L.4-2005, SEC.148.

 

IC 4-2ARTICLE 2. STATE OFFICERS GENERALLY

 

           Ch. 1.Salaries of Elected Officers─Office and Mansion Expenses of the Governor
           Ch. 2.Bonds of Certain Officers
           Ch. 3.Salaries of Chief Deputy of Elected Officers
           Ch. 4.Special Deputies for Acknowledgments, Oaths, Affidavits, and Depositions
           Ch. 5.Repealed
           Ch. 6.Ethics and Conflicts of Interest
           Ch. 7.The Inspector General
           Ch. 8.Registration and Reporting of Executive Branch Lobbyists

 

IC 4-2-1Chapter 1. Salaries of Elected Officers─Office and Mansion Expenses of the Governor

 

           4-2-1-1Governor's salary; adjustment of amount; appropriation for payment of increases
           4-2-1-1.5Salary of state officers other than the governor; adjustment of amounts; appropriation for payment of increases
           4-2-1-2Maintenance expense; appropriation
           4-2-1-3Annual housing maintenance allowance
           4-2-1-4Repealed

 

IC 4-2-1-1Governor's salary; adjustment of amount; appropriation for payment of increases

     Sec. 1. (a) Subject to subsection (b), the salary of the governor is ninety-five thousand dollars ($95,000) per year.

     (b) Beginning January 12, 2009, and on the second Monday of January of each succeeding fourth year, the salary of the governor is increased after any four (4) year period during which the general assembly does not amend this section to increase the governor's salary.

     (c) The percentage by which salaries are increased under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, on January 1 of the current state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on January 1 of the state fiscal year four (4) years before the current state fiscal year.

     (d) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular year to the governor's salary, as previously adjusted under this section, that was in effect on January 1 of the state fiscal year four (4) years before the current state fiscal year.

     (e) The governor is not entitled to receive a salary increase under this section if state employees described in subsection (c) have not received a statewide average salary increase during the previous four (4) state fiscal years.

     (f) If a salary increase is required under this section, an amount sufficient to pay for the salary increase is appropriated from the state general fund.

Formerly: Acts 1951, c.216, s.1; Acts 1961, c.128, s.1; Acts 1967, c.182, s.1; Acts 1971, P.L.19, SEC.1. As amended by Acts 1978, P.L.11, SEC.1; P.L.4-1983, SEC.10; P.L.2-1984, SEC.2; P.L.378-1987(ss), SEC.1; P.L.122-1998, SEC.1; P.L.14-2004, SEC.178; P.L.43-2007, SEC.10.

 

IC 4-2-1-1.5Salary of state officers other than the governor; adjustment of amounts; appropriation for payment of increases

     Sec. 1.5. (a) Subject to subsection (b), the salary of each state elected official other than the governor is as follows:

(1) For the lieutenant governor, seventy-six thousand dollars ($76,000) per year. However, the lieutenant governor is not entitled to receive per diem allowance for performance of duties as president of the senate.

(2) For the secretary of state, sixty-six thousand dollars ($66,000) per year.

(3) For the auditor of state, sixty-six thousand dollars ($66,000) per year.

(4) For the treasurer of state, sixty-six thousand dollars ($66,000) per year.

(5) For the attorney general, seventy-nine thousand four hundred dollars ($79,400) per year.

(6) For the state superintendent of public instruction, seventy-nine thousand four hundred dollars ($79,400) per year. This subdivision does not apply after January 10, 2025.

     (b) Beginning January 1, 2008, the part of the total salary of a state elected official is increased on January 1 of each year after a year in which the general assembly does not amend this section to provide a salary increase for the state elected official.

     (c) The percentage by which salaries are increased under this section is equal to the statewide average percentage, as determined by the budget director, by which the salaries of state employees in the executive branch who are in the same or a similar salary bracket exceed, for the current state fiscal year, the salaries of executive branch state employees in the same or a similar salary bracket that were in effect on January 1 of the immediately preceding year.

     (d) The amount of a salary increase under this section is equal to the amount determined by applying the percentage increase for the particular year to the salary of the state elected official, as previously adjusted under this section, that is in effect on January 1 of the immediately preceding year.

     (e) A state elected official is not entitled to receive a salary increase under this section on January 1 of a state fiscal year in which state employees described in subsection (c) do not receive a statewide average salary increase.

     (f) If a salary increase is required under this section, an amount sufficient to pay for the salary increase is appropriated from the state general fund.

As added by P.L.43-2007, SEC.11. Amended by P.L.219-2017, SEC.8.

 

IC 4-2-1-2Maintenance expense; appropriation

     Sec. 2. In addition to the provision of section 1, effective on the second Monday of January 1965, there shall be allowed to the governor the sum of six thousand dollars ($6,000) annually for the other expenses of the office of governor: Provided, That the full maintenance expense, including all utilities and personnel costs for operating the governor's mansion, shall be provided from appropriations made to cover such expenses.

Formerly: Acts 1951, c.216, s.2; Acts 1961, c.128, s.2.

 

IC 4-2-1-3Annual housing maintenance allowance

     Sec. 3. (a) This section does not apply to the governor.

     (b) Each elected official of the state is entitled to a housing maintenance allowance of twelve thousand dollars ($12,000) per year in addition to the salary provided under section 1.5 of this chapter.

As added by P.L.122-1998, SEC.2. Amended by P.L.1-2010, SEC.4.

 

IC 4-2-1-4Repealed

As added by P.L.122-1998, SEC.3. Repealed by P.L.1-1999, SEC.2.

 

IC 4-2-2Chapter 2. Bonds of Certain Officers

 

           4-2-2-1Amount of bonds

 

IC 4-2-2-1Amount of bonds

     Sec. 1. (a) The bond of the auditor of state shall be fixed at one hundred thousand dollars ($100,000).

     (b) The bond of the secretary of state shall be fixed at fifty thousand dollars ($50,000).

     (c) The bond of the attorney general shall be fixed at fifty thousand dollars ($50,000).

Formerly: Acts 1901, c.177, s.5. As amended by P.L.14-2004, SEC.179.

 

IC 4-2-3Chapter 3. Salaries of Chief Deputy of Elected Officers

 

           4-2-3-1Amount fixed by appointing authority; approval of budget committee

 

IC 4-2-3-1Amount fixed by appointing authority; approval of budget committee

     Sec. 1. The salaries of chief deputies of elective state officers shall be fixed by the appointing authority, provided such salaries are within the appropriations therefor and approved by the budget committee.

Formerly: Acts 1947, c.168, s.1.

 

IC 4-2-4Chapter 4. Special Deputies for Acknowledgments, Oaths, Affidavits, and Depositions

 

           4-2-4-1Appointment; revocation
           4-2-4-2Filing certificates of appointments
           4-2-4-3False certification of oath and affirmation
           4-2-4-4Repealed
           4-2-4-5Repealed

 

IC 4-2-4-1Appointment; revocation

     Sec. 1. The head of any state department, division, board, bureau, or commission is hereby authorized to appoint from the personnel serving as employees in the office of such department, division, board, bureau, or commission, special deputies for the purpose of taking acknowledgments, administering oaths, certifying affidavits and depositions without charge in matters pertaining to said office. Such special deputies shall serve subject to the revocation of their appointments with or without cause by the appointing authority.

Formerly: Acts 1947, c.81, s.1.

 

IC 4-2-4-2Filing certificates of appointments

     Sec. 2. It shall be the duty of the appointing authority to file with the secretary of state certificates of all appointments and revocations provided for by section 1 of this chapter and to supply such seal as will stamp upon paper the following: "Special Deputy of (Name of Department, Division, Board, Bureau, or Commission) State of Indiana", to which may be added such other device as may be selected by the appointing authority.

Formerly: Acts 1947, c.81, s.2. As amended by P.L.5-1984, SEC.8.

 

IC 4-2-4-3False certification of oath and affirmation

     Sec. 3. A special deputy who certifies that any person was sworn or affirmed before the special deputy to any affidavit or other instrument or writing when in fact the person was not so sworn or affirmed commits a Class C infraction.

Formerly: Acts 1947, c.81, s.3. As amended by Acts 1978, P.L.2, SEC.401; P.L.215-2016, SEC.10.

 

IC 4-2-4-4Repealed

Formerly: Acts 1947, c.81, s.4. Repealed by Acts 1978, P.L.2, SEC.428.

 

IC 4-2-4-5Repealed

Formerly: Acts 1947, c.81, s.5. Repealed by Acts 1978, P.L.2, SEC.428.

 

IC 4-2-5Chapter 5. Repealed

Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-2-6Chapter 6. Ethics and Conflicts of Interest

 

           4-2-6-0.1Repealed
           4-2-6-1Definitions
           4-2-6-2Commission; creation; membership; vacancies
           4-2-6-2.1Compensation of members
           4-2-6-2.5Jurisdiction of commission
           4-2-6-3Repealed
           4-2-6-4Commission; powers and duties; inspector general; complaints open to public inspection after finding probable cause; exceptions
           4-2-6-4.3Meetings
           4-2-6-4.5Violations reported; report to commission of action taken
           4-2-6-5Repealed
           4-2-6-5.5Conflict of interest; advisory opinion by commission
           4-2-6-6Present or former state officers, employees, and special state appointees; compensation resulting from confidential information
           4-2-6-7State officers and employees; excess compensation for sale or lease; advisory body member exception
           4-2-6-8Financial disclosure; filing false statement; penalty
           4-2-6-9Conflict of economic interests; commission advisory opinions; disclosure statement; written determinations
           4-2-6-10Repealed
           4-2-6-10.5Prohibition against financial interest in contract; exceptions; disclosure statement; penalty for failure to file statement
           4-2-6-11One year restriction on certain employment or representation; advisory opinion; exceptions; waivers; disclosure statements; restrictions on inspector general seeking state office
           4-2-6-11.5Lobbyists prohibited from serving on executive branch boards, commissions, authorities, or task forces; exception for advisory bodies
           4-2-6-12Violations; penalties; sanctions
           4-2-6-13Retaliation against employee or former employee for filing complaint or furnishing information or testimony
           4-2-6-14Prohibitions; criminal penalty
           4-2-6-15Communications paid for with appropriations or from securities division enforcement account; use of state officer's name or likeness prohibited; exceptions
           4-2-6-16Nepotism
           4-2-6-17Use of state property for other than official business; exceptions; violations

 

IC 4-2-6-0.1Repealed

As added by P.L.220-2011, SEC.14. Repealed by P.L.63-2012, SEC.1.

 

IC 4-2-6-1Definitions

     Sec. 1. (a) As used in this chapter, and unless the context clearly denotes otherwise:

(1) "Advisory body" means an authority, a board, a commission, a committee, a task force, or other body designated by any name of the executive department that is authorized only to make nonbinding recommendations.

(2) "Agency" means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic set up as an instrumentality of the state and a private, nonprofit, government related corporation. The term does not include any of the following:

(A) The judicial department of state government.

(B) The legislative department of state government.

(C) A state educational institution.

(D) A political subdivision.

(3) "Appointing authority" means the following:

(A) Except as provided in clause (B), the chief administrative officer of an agency. The term does not include a state officer.

(B) For purposes of section 16 of this chapter, "appointing authority" means:

(i) an elected officer;

(ii) the chief administrative officer of an agency; or

(iii) an individual or group of individuals who have the power by law or by lawfully delegated authority to make appointments.

(4) "Assist" means to:

(A) help;

(B) aid;

(C) advise; or

(D) furnish information to;

a person. The term includes an offer to do any of the actions in clauses (A) through (D).

(5) "Business relationship" includes the following:

(A) Dealings of a person with an agency seeking, obtaining, establishing, maintaining, or implementing:

(i) a pecuniary interest in a contract or purchase with the agency; or

(ii) a license or permit requiring the exercise of judgment or discretion by the agency.

(B) The relationship a lobbyist has with an agency.

(C) The relationship an unregistered lobbyist has with an agency.

(6) "Commission" refers to the state ethics commission created under section 2 of this chapter.

(7) "Compensation" means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another.

(8) "Direct line of supervision" means the chain of command in which the superior affects, or has the authority to affect, the terms and conditions of the subordinate's employment, including making decisions about work assignments, compensation, grievances, advancements, or performance evaluation.

(9) "Employee" means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. The term includes an individual who contracts with an agency for personal services.

(10) "Employer" means any person from whom a state officer or employee or the officer's or employee's spouse received compensation.

(11) "Financial interest" means an interest:

(A) in a purchase, sale, lease, contract, option, or other transaction between an agency and any person; or

(B) involving property or services.

The term includes an interest arising from employment or prospective employment for which negotiations have begun. The term does not include an interest of a state officer or employee in the common stock of a corporation unless the combined holdings in the corporation of the state officer or the employee, that individual's spouse, and that individual's unemancipated children are more than one percent (1%) of the outstanding shares of the common stock of the corporation. The term does not include an interest that is not greater than the interest of the general public or any state officer or any state employee.

(12) "Information of a confidential nature" means information:

(A) obtained by reason of the position or office held; and

(B) which:

(i) a public agency is prohibited from disclosing under IC 5-14-3-4(a);

(ii) a public agency has the discretion not to disclose under IC 5-14-3-4(b) and that the agency has not disclosed; or

(iii) is not in a public record, but if it were, would be confidential.

(13) "Person" means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision.

(14) "Political subdivision" means a county, city, town, township, school district, municipal corporation, special taxing district, or other local instrumentality. The term includes an officer of a political subdivision.

(15) "Property" has the meaning set forth in IC 35-31.5-2-253.

(16) "Relative" means any of the following:

(A) A spouse.

(B) A parent or stepparent.

(C) A child or stepchild.

(D) A brother, sister, stepbrother, or stepsister.

(E) A niece or nephew.

(F) An aunt or uncle.

(G) A daughter-in-law or son-in-law.

For purposes of this subdivision, an adopted child of an individual is treated as a natural child of the individual. For purposes of this subdivision, the terms "brother" and "sister" include a brother or sister by the half blood.

(17) "Represent" means to do any of the following on behalf of a person:

(A) Attend an agency proceeding.

(B) Write a letter.

(C) Communicate with an employee of an agency.

(18) "Special state appointee" means a person who is:

(A) not a state officer or employee; and

(B) elected or appointed to an authority, a board, a commission, a committee, a council, a task force, or other body designated by any name that:

(i) is authorized by statute or executive order; and

(ii) functions in a policy or an advisory role in the executive (including the administrative) department of state government, including a separate body corporate and politic.

(19) "State officer" means any of the following:

(A) The governor.

(B) The lieutenant governor.

(C) The secretary of state.

(D) The auditor of state.

(E) The treasurer of state.

(F) The attorney general.

(G) The superintendent of public instruction.

(20) The masculine gender includes the masculine and feminine.

(21) The singular form of any noun includes the plural wherever appropriate.

     (b) The definitions in IC 4-2-7 apply throughout this chapter.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.13-1987, SEC.4; P.L.5-1988, SEC.18; P.L.9-1990, SEC.1; P.L.15-1992, SEC.1; P.L.8-1993, SEC.7; P.L.22-1995, SEC.1; P.L.5-1996, SEC.1; P.L.44-2001, SEC.1; P.L.222-2005, SEC.1; P.L.89-2006, SEC.1; P.L.2-2007, SEC.19; P.L.105-2012, SEC.1; P.L.114-2012, SEC.7; P.L.123-2015, SEC.21.

 

IC 4-2-6-2Commission; creation; membership; vacancies

     Sec. 2. (a) There is created a state ethics commission.

     (b) The commission is composed of five (5) members appointed by the governor.

     (c) No more than three (3) commission members shall be of the same political party. A person who:

(1) holds an elected or appointed office of the state;

(2) is employed by the state; or

(3) is registered as a lobbyist under IC 4-2-7;

may not be a member of the commission. The governor shall designate one (1) member of the commission as the chairperson. Each appointment to the commission is for a period of four (4) years. A vacancy shall be filled by the governor for the unexpired term.

     (d) The inspector general shall provide rooms and staff assistance for the commission.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.13-1987, SEC.5; P.L.222-2005, SEC.2; P.L.89-2006, SEC.2.

 

IC 4-2-6-2.1Compensation of members

     Sec. 2.1. Each member of the commission is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the budget agency.

As added by P.L.9-1990, SEC.2.

 

IC 4-2-6-2.5Jurisdiction of commission

     Sec. 2.5. The commission has jurisdiction over the following persons:

(1) A current or former state officer.

(2) A current or former employee.

(3) A person who has or had a business relationship with an agency.

(4) A current or former special state appointee.

As added by P.L.9-1990, SEC.3. Amended by P.L.15-1992, SEC.2; P.L.222-2005, SEC.3.

 

IC 4-2-6-3Repealed

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.13-1987, SEC.6. Repealed by P.L.222-2005, SEC.50.

 

IC 4-2-6-4Commission; powers and duties; inspector general; complaints open to public inspection after finding probable cause; exceptions

     Sec. 4. (a) The commission may do any of the following:

(1) Upon a vote of four (4) members, refer any matter within the inspector general's authority to the inspector general for investigation.

(2) Receive and hear any complaint filed with the commission by the inspector general that alleges a violation of:

(A) this chapter;

(B) a rule adopted under this chapter;

(C) IC 4-2-7;

(D) a rule adopted under IC 4-2-7;

(E) IC 4-2-8; or

(F) a rule adopted under IC 4-2-8.

(3) Obtain information and, upon a vote of four (4) members, compel the attendance and testimony of witnesses and the production of pertinent books and papers by a subpoena enforceable by the circuit or superior court of the county where the subpoena is to be issued.

(4) Recommend legislation to the general assembly relating to the conduct and ethics of state officers, employees, special state appointees, and persons who have business relationships with agencies.

(5) Adopt rules under IC 4-22-2 to implement this chapter.

(6) Accept and file information:

(A) voluntarily supplied; and

(B) that exceeds the requirements of this chapter.

(7) Conduct research.

     (b) The commission shall do the following:

(1) Act as an advisory body by issuing advisory opinions to interpret this chapter, IC 4-2-7, or the rules adopted under this chapter or IC 4-2-7, upon:

(A) request of:

(i) a state officer or a former state officer;

(ii) an employee or a former employee;

(iii) a person who has or had a business relationship with an agency;

(iv) a special state appointee or former special state appointee; or

(v) the inspector general; or

(B) motion of the commission.

(2) Conduct its proceedings in the following manner:

(A) When a complaint is filed with the commission, the commission may:

(i) reject, without further proceedings, a complaint that the commission considers frivolous or inconsequential;

(ii) reject, without further proceedings, a complaint that the commission is satisfied has been dealt with appropriately by an agency;

(iii) upon the vote of four (4) members, determine that the complaint does not allege facts sufficient to constitute a violation of this chapter or the code of ethics and dismiss the complaint; or

(iv) forward a copy of the complaint to the attorney general, the prosecuting attorney of the county in which the alleged violation occurred, the state board of accounts, a state officer, the appointing authority, or other appropriate person for action, and stay the commission's proceedings pending the other action.

(B) If a complaint is not disposed of under clause (A), a copy of the complaint shall be sent to the person alleged to have committed the violation.

(C) If the complaint is not disposed of under clause (A), the commission may promptly refer the alleged violation for additional investigation by the inspector general. If the commission finds by a majority vote that probable cause exists to support an alleged violation, it shall set a public hearing on the matter. The respondent shall be notified within fifteen (15) days of the commission's determination. Except as provided in this section, the commission's evidence relating to an investigation is confidential.

(D) A complaint filed with the commission is open for public inspection after the commission finds that probable cause exists. However, a complaint filed by the inspector general that contains confidential information under IC 4-2-7-8 may be redacted to exclude the confidential information. Every hearing and other proceeding in which evidence is received by the commission is open to the public. Investigative reports by the inspector general that are not filed with the commission may be kept confidential.

(E) A:

(i) complaint that is filed with; or

(ii) proceeding that is held by;

the commission before the commission has found probable cause is confidential unless the target of the investigation elects to have information disclosed, or the commission elects to respond to public statements by the person who filed the complaint.

(F) The commission may acknowledge:

(i) the existence and scope of an investigation before the finding of probable cause; or

(ii) that the commission did not find probable cause to support an alleged violation.

(G) If a hearing is to be held, the respondent may examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing, the charged party shall be afforded appropriate due process protection consistent with IC 4-21.5, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.

(H) After the hearing, the commission shall state its findings of fact. If the commission, based on a preponderance of the evidence, finds by a majority vote that the respondent has violated this chapter, IC 4-2-7, IC 4-2-8, or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, it shall state its findings in writing in a report, which shall be supported and signed by a majority of the commission members and shall be made public.

(I) If the commission, based on a preponderance of the evidence, finds by a majority vote a violation of this chapter, IC 4-2-7, IC 4-2-8, or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, the commission may also take any of the actions provided in section 12 of this chapter.

(J) The report required under clause (H) shall be presented to:

(i) the respondent;

(ii) the appointing authority or state officer of the employee, former employee, or special state appointee;

(iii) the appointing authority or state officer of an agency or office that has a business relationship with the person sanctioned; and

(iv) the governor.

(K) The commission may also forward the report to any of the following:

(i) The prosecuting attorney of each county in which the violation occurred.

(ii) The state board of accounts.

(iii) The state personnel director.

(iv) The attorney general.

(v) A state officer.

(vi) The appointing authority of the state employee or agency that has a business relationship with the person sanctioned.

(vii) Any other appropriate person.

(L) If the commission finds the respondent has not violated a code or statutory provision or a rule adopted under this chapter, IC 4-2-7, or IC 4-2-8, it shall dismiss the charges.

(3) Review all conflict of interest disclosures received by the commission under IC 35-44.1-1-4, maintain an index of those disclosures, and issue advisory opinions and screening procedures as set forth in section 9 of this chapter.

     (c) Notwithstanding IC 5-14-3-4(b)(8)(C), the records of the commission concerning the case of a respondent that are not confidential under IC 5-14-3-4(b)(2)(C) shall be available for inspection and copying in accordance with IC 5-14-3.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.12-1983, SEC.4; P.L.13-1987, SEC.7; P.L.5-1988, SEC.19; P.L.9-1990, SEC.4; P.L.15-1992, SEC.3; P.L.44-2001, SEC.2; P.L.222-2005, SEC.4; P.L.89-2006, SEC.3; P.L.126-2012, SEC.1.

 

IC 4-2-6-4.3Meetings

     Sec. 4.3. The commission may not conduct a hearing under section 4(b)(2)(G) of this chapter by using electronic communication under IC 5-14-1.5-3.6.

As added by P.L.89-2006, SEC.4. Amended by P.L.134-2012, SEC.1.

 

IC 4-2-6-4.5Violations reported; report to commission of action taken

     Sec. 4.5. Whenever an appointing authority or a state officer receives a report under section 4(b)(2)(H) of this chapter, the appointing authority or state officer shall report to the commission the action taken in response to the report. The commission may require in the report that the appointing authority or the state officer submit the response required by this section in a reasonable, specified amount of time.

As added by P.L.13-1987, SEC.8. Amended by P.L.9-1990, SEC.5; P.L.89-2006, SEC.5.

 

IC 4-2-6-5Repealed

Formerly: Acts 1974, P.L.4, SEC.2. Repealed by P.L.222-2005, SEC.50.

 

IC 4-2-6-5.5Conflict of interest; advisory opinion by commission

     Sec. 5.5. (a) A current state officer, employee, or special state appointee may not knowingly do any of the following:

(1) Accept other employment involving compensation of substantial value if the responsibilities of that employment are inherently incompatible with the responsibilities of public office or require the individual's recusal from matters so central or critical to the performance of the individual's official duties that the individual's ability to perform those duties would be materially impaired.

(2) Accept employment or engage in business or professional activity that would require the individual to disclose confidential information that was gained in the course of state employment.

(3) Use or attempt to use the individual's official position to secure unwarranted privileges or exemptions that are:

(A) of substantial value; and

(B) not properly available to similarly situated individuals outside state government.

     (b) A written advisory opinion issued by the commission stating that an individual's outside employment does not violate subsection (a)(1) or (a)(2) is conclusive proof that the individual's outside employment does not violate subsection (a)(1) or (a)(2).

As added by P.L.222-2005, SEC.5. Amended by P.L.89-2006, SEC.6; P.L.123-2015, SEC.22.

 

IC 4-2-6-6Present or former state officers, employees, and special state appointees; compensation resulting from confidential information

     Sec. 6. No state officer or employee, former state officer or employee, special state appointee, or former special state appointee shall accept any compensation from any employment, transaction, or investment which was entered into or made as a result of material information of a confidential nature.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.15-1992, SEC.4; P.L.89-2006, SEC.7.

 

IC 4-2-6-7State officers and employees; excess compensation for sale or lease; advisory body member exception

     Sec. 7. (a) This section does not apply to a special state appointee who serves only as a member of an advisory body.

     (b) A state officer, employee, or special state appointee may not receive compensation:

(1) for the sale or lease of any property or service which substantially exceeds that which the state officer, employee, or special state appointee would charge in the ordinary course of business; and

(2) from any person whom the state officer, employee, or special state appointee knows or, in the exercise of reasonable care and diligence should know, has a business relationship with the agency in which the state officer, employee, or special state appointee holds a position.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.9-1990, SEC.6; P.L.89-2006, SEC.8.

 

IC 4-2-6-8Financial disclosure; filing false statement; penalty

     Sec. 8. (a) The following persons shall file a written financial disclosure statement:

(1) The governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, and state superintendent of public instruction. This subdivision does not apply to the state superintendent of public instruction after January 10, 2025.

(2) Any candidate for one (1) of the offices in subdivision (1) who is not the holder of one (1) of those offices.

(3) Any person who is the appointing authority of an agency.

(4) The director of each division of the Indiana department of administration.

(5) Any purchasing agent within the procurement division of the Indiana department of administration.

(6) Any agency employee, special state appointee, former agency employee, or former special state appointee with final purchasing authority.

(7) The chief investment officer employed by the Indiana public retirement system.

(8) Any employee of the Indiana public retirement system whose duties include the recommendation, selection, and management of:

(A) the investments of the funds administered by the Indiana public retirement system;

(B) the investment options offered in the annuity savings accounts in the public employees' retirement fund and the Indiana state teachers' retirement fund;

(C) the investment options offered in the legislators' defined contribution plan; or

(D) investment managers, investment advisors, and other investment service providers of the Indiana public retirement system.

(9) An employee required to do so by rule adopted by the inspector general.

     (b) The statement shall be filed with the inspector general as follows:

(1) Not later than February 1 of every year, in the case of the state officers and employees enumerated in subsection (a).

(2) If the individual has not previously filed under subdivision (1) during the present calendar year and is filing as a candidate for a state office listed in subsection (a)(1), before filing a declaration of candidacy under IC 3-8-2 or IC 3-8-4-11, petition of nomination under IC 3-8-6, or declaration of intent to be a write-in candidate under IC 3-8-2-2.5, or before a certificate of nomination is filed under IC 3-8-7-8, in the case of a candidate for one (1) of the state offices (unless the statement has already been filed when required under IC 3-8-4-11).

(3) Not later than sixty (60) days after employment or taking office, unless the previous employment or office required the filing of a statement under this section.

(4) Not later than thirty (30) days after leaving employment or office, unless the subsequent employment or office requires the filing of a statement under this section.

The statement must be made under affirmation.

     (c) The statement shall set forth the following information for the preceding calendar year or, in the case of a state officer or employee who leaves office or employment, the period since a previous statement was filed:

(1) The name and address of any person known:

(A) to have a business relationship with the agency of the state officer or employee or the office sought by the candidate; and

(B) from whom the state officer, candidate, or the employee, or that individual's spouse or unemancipated children received a gift or gifts having a total fair market value in excess of one hundred dollars ($100).

(2) The location of all real property in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children has an equitable or legal interest either amounting to five thousand dollars ($5,000) or more or comprising ten percent (10%) of the state officer's, candidate's, or the employee's net worth or the net worth of that individual's spouse or unemancipated children. An individual's primary personal residence need not be listed, unless it also serves as income property.

(3) The names and the nature of the business of the employers of the state officer, candidate, or the employee and that individual's spouse.

(4) The following information about any sole proprietorship owned or professional practice operated by the state officer, candidate, or the employee or that individual's spouse:

(A) The name of the sole proprietorship or professional practice.

(B) The nature of the business.

(C) Whether any clients are known to have had a business relationship with the agency of the state officer or employee or the office sought by the candidate.

(D) The name of any client or customer from whom the state officer, candidate, employee, or that individual's spouse received more than thirty-three percent (33%) of the state officer's, candidate's, employee's, or that individual's spouse's nonstate income in a year.

(5) The name of any partnership of which the state officer, candidate, or the employee or that individual's spouse is a member and the nature of the partnership's business.

(6) The name of any corporation (other than a church) of which the state officer, candidate, or the employee or that individual's spouse is an officer or a director and the nature of the corporation's business.

(7) The name of any corporation in which the state officer, candidate, or the employee or that individual's spouse or unemancipated children own stock or stock options having a fair market value in excess of ten thousand dollars ($10,000). However, if the stock is held in a blind trust, the name of the administrator of the trust must be disclosed on the statement instead of the name of the corporation. A time or demand deposit in a financial institution or insurance policy need not be listed.

(8) The name and address of the most recent former employer.

(9) Additional information that the person making the disclosure chooses to include.

Any such state officer, candidate, or employee may file an amended statement upon discovery of additional information required to be reported.

     (d) A person who:

(1) fails to file a statement required by rule or this section in a timely manner; or

(2) files a deficient statement;

upon a majority vote of the commission, is subject to a civil penalty at a rate of not more than ten dollars ($10) for each day the statement remains delinquent or deficient. The maximum penalty under this subsection is one thousand dollars ($1,000).

     (e) A person who intentionally or knowingly files a false statement commits a Class A infraction.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.12-1983, SEC.5; P.L.13-1987, SEC.9; P.L.9-1990, SEC.7; P.L.3-1993, SEC.237; P.L.44-2001, SEC.3; P.L.14-2004, SEC.180; P.L.222-2005, SEC.6; P.L.89-2006, SEC.9; P.L.23-2011, SEC.2; P.L.219-2017, SEC.9.

 

IC 4-2-6-9Conflict of economic interests; commission advisory opinions; disclosure statement; written determinations

     Sec. 9. (a) A state officer, an employee, or a special state appointee may not participate in any decision or vote, or matter relating to that decision or vote, if the state officer, employee, or special state appointee has knowledge that any of the following has a financial interest in the outcome of the matter:

(1) The state officer, employee, or special state appointee.

(2) A member of the immediate family of the state officer, employee, or special state appointee.

(3) A business organization in which the state officer, employee, or special state appointee is serving as an officer, a director, a member, a trustee, a partner, or an employee.

(4) Any person or organization with whom the state officer, employee, or special state appointee is negotiating or has an arrangement concerning prospective employment.

     (b) A state officer, an employee, or a special state appointee who identifies a potential conflict of interest shall notify the person's appointing authority and ethics officer in writing and do either of the following:

(1) Seek an advisory opinion from the commission by filing a written description detailing the nature and circumstances of the particular matter and making full disclosure of any related financial interest in the matter. The commission shall:

(A) with the approval of the appointing authority, assign the particular matter to another person and implement all necessary procedures to screen the state officer, employee, or special state appointee seeking an advisory opinion from involvement in the matter; or

(B) make a written determination that the interest is not so substantial that the commission considers it likely to affect the integrity of the services that the state expects from the state officer, employee, or special state appointee.

(2) File a written disclosure statement with the commission that:

(A) details the conflict of interest;

(B) describes and affirms the implementation of a screen established by the ethics officer;

(C) is signed by both:

(i) the state officer, employee, or special state appointee who identifies the potential conflict of interest; and

(ii) the agency ethics officer;

(D) includes a copy of the disclosure provided to the appointing authority; and

(E) is filed not later than seven (7) days after the conduct that gives rise to the conflict.

A written disclosure filed under this subdivision shall be posted on the inspector general's Internet web site.

     (c) A written determination under subsection (b)(1)(B) constitutes conclusive proof that it is not a violation for the state officer, employee, or special state appointee who sought an advisory opinion under this section to participate in the particular matter. A written determination under subsection (b)(1)(B) shall be filed with the appointing authority.

Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.9-1990, SEC.8; P.L.15-1992, SEC.5; P.L.22-1995, SEC.2; P.L.222-2005, SEC.7; P.L.123-2015, SEC.23.

 

IC 4-2-6-10Repealed

Formerly: Acts 1974, P.L.4, SEC.2. Repealed by Acts 1978, P.L.2, SEC.428.

 

IC 4-2-6-10.5Prohibition against financial interest in contract; exceptions; disclosure statement; penalty for failure to file statement

     Sec. 10.5. (a) Subject to subsection (b), a state officer, an employee, or a special state appointee may not knowingly have a financial interest in a contract made by an agency.

     (b) The prohibition in subsection (a) does not apply to a state officer, an employee, or a special state appointee who:

(1) does not participate in or have contracting responsibility for the contracting agency; and

(2) files a written statement with the inspector general before the state officer, employee, or special state appointee executes the contract with the state agency.

     (c) A statement filed under subsection (b)(2) must include the following for each contract:

(1) An affirmation that the state officer, employee, or special state appointee does not participate in or have contracting responsibility for the contracting agency.

(2) An affirmation that the contract:

(A) was made after public notice and, if applicable, through competitive bidding; or

(B) was not subject to notice and bidding requirements and the basis for that conclusion.

(3) A statement making full disclosure of all related financial interests in the contract.

(4) A statement indicating that the contract can be performed without compromising the performance of the official duties and responsibilities of the state officer, employee, or special state appointee.

(5) In the case of a contract for professional services, an affirmation by the appointing authority of the contracting agency that no other state officer, employee, or special state appointee of that agency is available to perform those services as part of the regular duties of the state officer, employee, or special state appointee.

A state officer, employee, or special state appointee may file an amended statement upon discovery of additional information required to be reported.

     (d) A state officer, employee, or special state appointee who:

(1) fails to file a statement required by rule or this section; or

(2) files a deficient statement;

before the contract start date is, upon a majority vote of the commission, subject to a civil penalty of not more than ten dollars ($10) for each day the statement remains delinquent or deficient. The maximum penalty under this subsection is one thousand dollars ($1,000).

As added by P.L.222-2005, SEC.8. Amended by P.L.123-2015, SEC.24.

 

IC 4-2-6-11One year restriction on certain employment or representation; advisory opinion; exceptions; waivers; disclosure statements; restrictions on inspector general seeking state office

     Sec. 11. (a) As used in this section, "particular matter" means any of the following:

(1) An application.

(2) A business transaction.

(3) A claim.

(4) A contract.

(5) A determination.

(6) An enforcement proceeding.

(7) An investigation.

(8) A judicial proceeding.

(9) A lawsuit.

(10) A license.

(11) An economic development project.

(12) A public works project.

The term does not include the proposal or consideration of a legislative matter or the proposal, consideration, adoption, or implementation of a rule or an administrative policy or practice of general application.

     (b) A former state officer, employee, or special state appointee may not accept employment or receive compensation:

(1) as a lobbyist;

(2) from an employer if the former state officer, employee, or special state appointee was:

(A) engaged in the negotiation or the administration of one (1) or more contracts with that employer on behalf of the state or an agency; and

(B) in a position to make a discretionary decision affecting the:

(i) outcome of the negotiation; or

(ii) nature of the administration; or

(3) from an employer if the former state officer, employee, or special state appointee made a regulatory or licensing decision that directly applied to the employer or to a parent or subsidiary of the employer;

before the elapse of at least three hundred sixty-five (365) days after the date on which the former state officer, employee, or special state appointee ceases to be a state officer, employee, or special state appointee.

     (c) A former state officer, employee, or special state appointee may not represent or assist a person in a particular matter involving the state if the former state officer, employee, or special state appointee personally and substantially participated in the matter as a state officer, employee, or special state appointee, even if the former state officer, employee, or special state appointee receives no compensation for the representation or assistance.

     (d) A former state officer, employee, or special state appointee may not accept employment or compensation from an employer if the circumstances surrounding the employment or compensation would lead a reasonable person to believe that:

(1) employment; or

(2) compensation;

is given or had been offered for the purpose of influencing the former state officer, employee, or special state appointee in the performance of the individual's duties or responsibilities while a state officer, an employee, or a special state appointee.

     (e) A written advisory opinion issued by the commission certifying that:

(1) employment of;

(2) consultation by;

(3) representation by; or

(4) assistance from;

the former state officer, employee, or special state appointee does not violate this section is conclusive proof that a former state officer, employee, or special state appointee is not in violation of this section.

     (f) Subsection (b) does not apply to the following:

(1) A special state appointee who serves only as a member of an advisory body.

(2) A former state officer, employee, or special state appointee who has:

(A) not negotiated or administered any contracts with that employer in the two (2) years before the beginning of employment or consulting negotiations with that employer; and

(B) any contract that:

(i) the former state officer, employee, or special state appointee may have negotiated or administered before the two (2) years preceding the beginning of employment or consulting negotiations; and

(ii) is no longer active.

     (g) An employee's or a special state appointee's state officer or appointing authority may waive application of subsection (b) or (c) in individual cases when consistent with the public interest. A waiver must satisfy all of the following:

(1) The waiver must be signed by an employee's or a special state appointee's:

(A) state officer or appointing authority authorizing the waiver; and

(B) agency ethics officer attesting to form.

(2) The waiver must include the following information:

(A) Whether the employee's prior job duties involved substantial decision making authority over policies, rules, or contracts.

(B) The nature of the duties to be performed by the employee for the prospective employer.

(C) Whether the prospective employment is likely to involve substantial contact with the employee's former agency and the extent to which any such contact is likely to involve matters where the agency has the discretion to make decisions based on the work product of the employee.

(D) Whether the prospective employment may be beneficial to the state or the public, specifically stating how the intended employment is consistent with the public interest.

(E) The extent of economic hardship to the employee if the request for a waiver is denied.

(3) The waiver must be filed with and presented to the commission by the state officer or appointing authority authorizing the waiver.

(4) The waiver must be limited to an employee or a special state appointee who obtains the waiver before engaging in the conduct that would give rise to a violation of subsection (b) or (c).

The commission may conduct an administrative review of a waiver and approve a waiver only if the commission is satisfied that the information provided under subdivision (2) is specifically and satisfactorily articulated. The inspector general may adopt rules under IC 4-22-2 to establish criteria for post employment waivers.

     (h) Subsection (b) applies, subject to waiver under subsection (g), to a former state officer, employee, or special state appointee who:

(1) made decisions as an administrative law judge; or

(2) presided over information gathering or order drafting proceedings;

that directly applied to the employer or to a parent or subsidiary of the employer in a material manner.

     (i) A former state officer, employee, or special state appointee who forms a sole proprietorship or a professional practice and engages in a business relationship with an entity that would otherwise violate this section must file a disclosure statement with the commission not later than one hundred eighty (180) days after separation from state service. The disclosure must:

(1) be signed by the former state officer, employee, or special state appointee;

(2) certify that the former state officer, employee, or special state appointee is not an employee of the entity; and

(3) state in detail the treatment of taxes, insurance, and any other benefits between the entity and the former state officer, employee, or state appointee.

     (j) The inspector general may not seek a state elected office before the elapse of at least three hundred sixty-five (365) days after leaving the inspector general position.

As added by P.L.9-1990, SEC.9. Amended by P.L.15-1992, SEC.6; P.L.222-2005, SEC.9; P.L.89-2006, SEC.10; P.L.1-2007, SEC.3; P.L.123-2015, SEC.25.

 

IC 4-2-6-11.5Lobbyists prohibited from serving on executive branch boards, commissions, authorities, or task forces; exception for advisory bodies

     Sec. 11.5. (a) This section applies only to a special state appointee appointed after January 10, 2005.

     (b) Except as provided in subsection (c), a lobbyist may not serve as a special state appointee.

     (c) A lobbyist may serve as a member of an advisory body.

As added by P.L.222-2005, SEC.10. Amended by P.L.89-2006, SEC.11.

 

IC 4-2-6-12Violations; penalties; sanctions

     Sec. 12. If the commission finds a violation of this chapter, IC 4-2-7, or IC 4-2-8, or a rule adopted under this chapter IC 4-2-7, or IC 4-2-8, in a proceeding under section 4 of this chapter, the commission may take any of the following actions:

(1) Impose a civil penalty upon a respondent not to exceed three (3) times the value of any benefit received from the violation.

(2) Cancel a contract.

(3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission.

(4) Order restitution or disgorgement.

(5) Reprimand, suspend, or terminate an employee or a special state appointee.

(6) Reprimand or recommend the impeachment of a state officer.

(7) Bar a person from future state employment as an employee or future appointment as a special state appointee.

(8) Revoke a license or permit issued by an agency.

(9) Bar a person from obtaining a license or permit issued by an agency.

(10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8.

(11) Bar a person from future lobbying activity with a state officer or agency.

As added by P.L.9-1990, SEC.10. Amended by P.L.15-1992, SEC.7; P.L.222-2005, SEC.11; P.L.89-2006, SEC.12.

 

IC 4-2-6-13Retaliation against employee or former employee for filing complaint or furnishing information or testimony

     Sec. 13. (a) Except as provided in subsection (b), a state officer, an employee, or a special state appointee shall not retaliate or threaten to retaliate against an employee, a former employee, a special state appointee, or a former special state appointee because the employee, former employee, special state appointee, or former special state appointee did any of the following:

(1) Filed a complaint with the commission or the inspector general.

(2) Provided information to the commission or the inspector general.

(3) Testified at a commission proceeding.

     (b) A state officer, an employee, or a special state appointee may take appropriate action against an employee who took any of the actions listed in subsection (a) if the employee or special state appointee:

(1) did not act in good faith; or

(2) knowingly or recklessly provided false information or testimony to the commission.

     (c) A person who violates this section is subject to action under section 12 of this chapter and criminal prosecution under IC 35-44.2-1-2.

As added by P.L.15-1992, SEC.8. Amended by P.L.44-2001, SEC.4; P.L.222-2005, SEC.12; P.L.89-2006, SEC.13; P.L.126-2012, SEC.2.

 

IC 4-2-6-14Prohibitions; criminal penalty

     Sec. 14. (a) A person may not do any of the following:

(1) Knowingly or intentionally induce or attempt to induce, by threat, coercion, suggestion, or false statement, a witness or informant in a commission proceeding or investigation conducted by the inspector general to do any of the following:

(A) Withhold or unreasonably delay the production of any testimony, information, document, or thing.

(B) Avoid legal process summoning the person to testify or supply evidence.

(C) Fail to appear at a proceeding or investigation to which the person has been summoned.

(D) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a commission proceeding or investigation to mislead a commissioner or commission employee.

(2) Alter, damage, or remove a record, document, or thing except as permitted or required by law, with the intent to prevent the record, document, or thing from being produced or used in a commission proceeding or investigation conducted by the inspector general.

(3) Make, present, or use a false record, document, or thing with the intent that the record, document, or thing appear in a commission proceeding or investigation to mislead a commissioner or commission employee.

     (b) A person who violates subsection (a) is subject to criminal prosecution under IC 35-44.2-1-3.

As added by P.L.44-2001, SEC.5. Amended by P.L.222-2005, SEC.13; P.L.126-2012, SEC.3.

 

IC 4-2-6-15Communications paid for with appropriations or from securities division enforcement account; use of state officer's name or likeness prohibited; exceptions

     Sec. 15. (a) This section does not apply to the following:

(1) A communication made by the governor concerning the public health or safety.

(2) A communication:

(A) that a compelling public policy reason justifies the state officer to make; and

(B) the expenditure for which is approved by the budget agency after an advisory recommendation from the budget committee.

     (b) This section does not prohibit a state officer from using in a communication the title of the office the state officer holds.

     (c) As used in this section, "communication" refers only to the following:

(1) An audio communication.

(2) A video communication.

(3) A print communication in a newspaper (as defined in IC 5-3-1-0.4).

     (d) A state officer may not use the state officer's name or likeness in a communication paid for entirely or in part with appropriations made by the general assembly, regardless of the source of the money.

     (e) A state officer may not use the state officer's name or likeness in a communication paid for entirely or in part with:

(1) money from the securities division enforcement account established under IC 23-19-6-1(f); or

(2) appropriations from the state general fund made under IC 23-19-6-1(f).

As added by P.L.58-2010, SEC.33. Amended by P.L.114-2010, SEC.1.

 

IC 4-2-6-16Nepotism

     Sec. 16. (a) This chapter does not prohibit the continuation of a job assignment that existed on July 1, 2012.

     (b) As used in this section, "employed" refers to all employment, including full-time, part-time, temporary, intermittent, or hourly. The term includes service as a state officer or special state appointee.

     (c) An individual employed in an agency may not hire a relative.

     (d) Except as provided in subsection (e), an individual may not be employed in the same agency in which an individual's relative is the appointing authority.

     (e) An individual may be employed in the same agency in which the individual's relative is the appointing authority, if the individual has been employed in the same agency for at least twelve (12) consecutive months immediately preceding the date the individual's relative becomes the appointing authority.

     (f) Except as provided in subsection (e), an individual may not be placed in a relative's direct line of supervision.

     (g) An individual employed in an agency may not contract with or supervise the work of a business entity of which a relative is a partner, executive officer, or sole proprietor.

     (h) Any person within an agency who knowingly participates in a violation of this chapter is subject to the penalties set forth in section 12 of this chapter.

As added by P.L.105-2012, SEC.2.

 

IC 4-2-6-17Use of state property for other than official business; exceptions; violations

     Sec. 17. (a) Subject to IC 4-2-7-5, a state officer, an employee, or a special state appointee may not use state materials, funds, property, personnel, facilities, or equipment for purposes other than official state business unless the use is expressly permitted by a general written agency, departmental, or institutional policy or regulation that has been approved by the commission. The commission may withhold approval of a policy or rule that violates the intent of Indiana law or the code of ethics, even if Indiana law or the code of ethics does not explicitly prohibit that policy or rule.

     (b) An individual who violates this section is subject to action under section 12 of this chapter.

As added by P.L.123-2015, SEC.26.

 

IC 4-2-7Chapter 7. The Inspector General

 

           4-2-7-1Definitions
           4-2-7-2Inspector general; powers and duties; appointment and removal; reappointment; compensation
           4-2-7-3Duties; criminal investigation; recommendations; annual report
           4-2-7-4Powers; subpoena and contempt; reports; serving as special prosecuting attorney; civil and criminal actions
           4-2-7-5Code of ethics; use of state property for political purpose; filing ethics complaint
           4-2-7-6Misconduct involving state business; report to attorney general; inspector general's authority to bring civil action
           4-2-7-7Crimes; inspector general's duty to report to prosecuting attorney; governor's recommendation; appointment of special prosecutor by court of appeals judge; selection; powers and limitations; indictment
           4-2-7-8Confidentiality of informant; exceptions; records and disclosure; penalties
           4-2-7-9Statewide code of judicial conduct for administrative law judges

 

IC 4-2-7-1Definitions

     Sec. 1. The following definitions apply throughout this chapter:

(1) "Agency" means an authority, a board, a branch, a commission, a committee, a department, a division, or other instrumentality of the executive, including the administrative, department of state government. The term includes a body corporate and politic established as an instrumentality of the state. The term does not include the following:

(A) The judicial department of state government.

(B) The legislative department of state government.

(C) A political subdivision (as defined in IC 4-2-6-1).

(2) "Business relationship" has the meaning set forth in IC 4-2-6-1.

(3) "Employee" means an individual who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. The term includes an individual who contracts with an agency for personal services.

(4) "Ethics commission" means the state ethics commission created by IC 4-2-6-2.

(5) "Lobbyist" means an individual who seeks to influence decision making of an agency and who is registered as an executive branch lobbyist under rules adopted by the Indiana department of administration.

(6) "Person" has the meaning set forth in IC 4-2-6-1.

(7) "Special state appointee" has the meaning set forth in IC 4-2-6-1.

(8) "State officer" has the meaning set forth in IC 4-2-6-1.

As added by P.L.222-2005, SEC.14.

 

IC 4-2-7-2Inspector general; powers and duties; appointment and removal; reappointment; compensation

     Sec. 2. (a) There is established the office of the inspector general. The office of the inspector general consists of the inspector general, who is the director of the office, and an additional staff of deputy inspectors general, investigators, auditors, and clerical employees appointed by the inspector general as necessary to carry out the duties of the inspector general. The inspector general shall provide rooms and staff assistance for the ethics commission.

     (b) The inspector general is responsible for addressing fraud, waste, abuse, and wrongdoing in agencies.

     (c) The governor shall appoint the inspector general. The inspector general:

(1) except as provided in subdivision (2), shall be appointed for a term that expires on the earlier of the date that:

(A) the term of the governor who appointed the inspector general expires; or

(B) the governor leaves office;

(2) may only be removed from office by the governor for:

(A) neglect of duty;

(B) misfeasance;

(C) malfeasance; or

(D) nonfeasance;

(3) must be an attorney licensed to practice law in Indiana; and

(4) is entitled to receive compensation set by the governor and approved by the budget agency.

If the governor is reelected, the governor may reappoint the inspector general for an additional term. The inspector general's compensation may not be reduced during the inspector general's continuance in office.

     (d) Subject to the approval of the budget agency, the inspector general shall fix the salary of all other employees of the office of the inspector general.

     (e) Except for information declared confidential under this chapter, records of the office of the inspector general are subject to public inspection under IC 5-14-3.

     (f) IC 5-14-1.5 (the open door law) applies to public meetings of the office of the inspector general.

As added by P.L.222-2005, SEC.14.

 

IC 4-2-7-3Duties; criminal investigation; recommendations; annual report

     Sec. 3. The inspector general shall do the following:

(1) Initiate, supervise, and coordinate investigations.

(2) Recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, and misconduct in state government.

(3) Receive complaints alleging the following:

(A) A violation of the code of ethics.

(B) Bribery (IC 35-44.1-1-2).

(C) Official misconduct (IC 35-44.1-1-1).

(D) Conflict of interest (IC 35-44.1-1-4).

(E) Profiteering from public service (IC 35-44.1-1-5).

(F) A violation of the executive branch lobbying rules.

(G) A violation of a statute or rule relating to the purchase of goods or services by a current or former employee, state officer, special state appointee, lobbyist, or person who has a business relationship with an agency.

(4) If the inspector general has reasonable cause to believe that a crime has occurred or is occurring, report the suspected crime to:

(A) the governor; and

(B) appropriate state or federal law enforcement agencies and prosecuting authorities having jurisdiction over the matter.

(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this chapter.

(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to implement a code of ethics.

(7) Ensure that every:

(A) employee;

(B) state officer;

(C) special state appointee; and

(D) person who has a business relationship with an agency;

is properly trained in the code of ethics.

(8) Provide advice to an agency on developing, implementing, and enforcing policies and procedures to prevent or reduce the risk of fraudulent or wrongful acts within the agency.

(9) Recommend legislation to the governor and general assembly to strengthen public integrity laws, including the code of ethics for state officers, employees, special state appointees, and persons who have a business relationship with an agency, including whether additional specific state officers, employees, or special state appointees should be required to file a financial disclosure statement under IC 4-2-6-8.

(10) Annually submit a report to the legislative council detailing the inspector general's activities. The report must be in an electronic format under IC 5-14-6.

(11) Prescribe and provide forms for statements required to be filed under IC 4-2-6 or this chapter.

(12) Accept and file information that:

(A) is voluntarily supplied; and

(B) exceeds the requirements of this chapter.

(13) Inspect financial disclosure forms.

(14) Notify persons who fail to file forms required under IC 4-2-6 or this chapter.

(15) Develop a filing, a coding, and an indexing system required by IC 4-2-6 and IC 35-44.1-1.

(16) Prepare interpretive and educational materials and programs.

(17) Adopt rules under IC 4-22-2 and section 9 of this chapter to implement a statewide code of judicial conduct for administrative law judges. The inspector general may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to implement a statewide code of judicial conduct for administrative law judges.

As added by P.L.222-2005, SEC.14. Amended by P.L.89-2006, SEC.14; P.L.1-2007, SEC.4; P.L.126-2012, SEC.4; P.L.72-2014, SEC.1.

 

IC 4-2-7-4Powers; subpoena and contempt; reports; serving as special prosecuting attorney; civil and criminal actions

     Sec. 4. To carry out the duties described in section 3 of this chapter, the inspector general has the following powers:

(1) As part of an investigation, the inspector general may:

(A) administer oaths;

(B) examine witnesses under oath;

(C) issue subpoenas and subpoenas duces tecum; and

(D) examine the records, reports, audits, reviews, papers, books, recommendations, contracts, correspondence, or any other documents maintained by an agency.

(2) The inspector general may apply to a circuit or superior court for an order holding an individual in contempt of court if the individual refuses to give sworn testimony under a subpoena issued by the inspector general or otherwise disobeys a subpoena or subpoena duces tecum issued by the inspector general.

(3) The inspector general shall prepare a report summarizing the results of every investigation. The report is confidential in accordance with section 8 of this chapter.

(4) If the attorney general has elected not to file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained, the inspector general may file a civil action for the recovery of the funds in accordance with section 6 of this chapter.

(5) The inspector general may prosecute a criminal matter as a special prosecuting attorney or special deputy prosecuting attorney in accordance with:

(A) section 7 of this chapter; or

(B) IC 33-39-10-3.

As added by P.L.222-2005, SEC.14. Amended by P.L.57-2014, SEC.1.

 

IC 4-2-7-5Code of ethics; use of state property for political purpose; filing ethics complaint

     Sec. 5. (a) The inspector general shall adopt rules under IC 4-22-2 establishing a code of ethics for the conduct of state business. The code of ethics must be consistent with Indiana law.

     (b) The code of ethics must, except as provided in subsection (c), prohibit the following:

(1) A state officer, an employee, or a special state appointee from using state materials, funds, property, personnel, facilities, or equipment for a political purpose.

(2) Adoption of policies or regulations that authorize a state officer, an employee, or a special state appointee to use state materials, funds, property, personnel, facilities, or equipment for a political purpose.

For purposes of this section, "political purpose" does not include the handling or disposing of unsolicited political communications.

     (c) A state officer or an individual designated by the state officer may use state materials, funds, property, personnel, facilities, or equipment for the following:

(1) To coordinate the state officer's official, personal, and political calendars.

(2) To provide transportation and security for:

(A) the state officer; and

(B) any employee or special state appointee who accompanies the state officer.

(3) Incidental or de minimus political communications or activity involving the state officer.

     (d) If the inspector general investigates and determines that there is specific and credible evidence that a current or former employee, a current or former state officer, a current or former special state appointee, or a person who has or had a business relationship with an agency has violated the code of ethics, the inspector general may:

(1) file a complaint with the ethics commission and represent the state in a public proceeding before the ethics commission as prescribed in IC 4-2-6-4; or

(2) file a complaint with the ethics commission and negotiate an agreed settlement for approval by the ethics commission according to its rules.

As added by P.L.222-2005, SEC.14. Amended by P.L.123-2015, SEC.27.

 

IC 4-2-7-6Misconduct involving state business; report to attorney general; inspector general's authority to bring civil action

     Sec. 6. (a) This section applies if the inspector general finds evidence of misfeasance, malfeasance, nonfeasance, misappropriation, fraud, or other misconduct that has resulted in a financial loss to the state or in an unlawful benefit to an individual in the conduct of state business.

     (b) If the inspector general finds evidence described in subsection (a), the inspector general shall certify a report of the matter to the attorney general and provide the attorney general with any relevant documents, transcripts, or written statements. Not later than one hundred eighty (180) days after receipt of the report from the inspector general, the attorney general shall do one (1) of the following:

(1) File a civil action (including an action upon a state officer's official bond) to secure for the state the recovery of funds misappropriated, diverted, missing, or unlawfully gained. Upon request of the attorney general, the inspector general shall assist the attorney general in the investigation, preparation, and prosecution of the civil action.

(2) Inform the inspector general that the attorney general does not intend to file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained. If the attorney general elects not to file a civil action, the attorney general shall return to the inspector general all documents and files initially provided by the inspector general.

(3) Inform the inspector general that the attorney general is diligently investigating the matter and after further investigation may file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained. However, if more than three hundred sixty-five (365) days have passed since the inspector general certified the report to the attorney general, the attorney general loses the authority to file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained and shall return to the inspector general all documents and files initially provided by the inspector general.

     (c) If the inspector general has found evidence described in subsection (a) and reported to the attorney general under subsection (b) and:

(1) the attorney general has elected under subsection (b)(2) not to file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained; or

(2) under subsection (b)(3) more than three hundred sixty-five (365) days have passed since the inspector general certified the report to the attorney general under subsection (b) and the attorney general has not filed a civil action;

the inspector general may file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained.

     (d) If the inspector general has found evidence described in subsection (a), the inspector general may institute forfeiture proceedings under IC 34-24-2 in a court having jurisdiction in a county where property derived from or realized through the misappropriation, diversion, disappearance, or unlawful gain of state funds may be located, unless a prosecuting attorney has already instituted forfeiture proceedings against that property.

     (e) The inspector general may directly institute civil proceedings against a person who has failed to pay civil penalties imposed by the ethics commission under IC 4-2-6-12.

As added by P.L.222-2005, SEC.14. Amended by P.L.126-2012, SEC.5; P.L.136-2012, SEC.1.

 

IC 4-2-7-7Crimes; inspector general's duty to report to prosecuting attorney; governor's recommendation; appointment of special prosecutor by court of appeals judge; selection; powers and limitations; indictment

     Sec. 7. (a) If the inspector general discovers evidence of criminal activity, the inspector general shall certify to the appropriate prosecuting attorney the following information:

(1) The identity of any person who may be involved in the criminal activity.

(2) The criminal statute that the inspector general believes has been violated.

In addition, the inspector general shall provide the prosecuting attorney with any relevant documents, transcripts, or written statements. If the prosecuting attorney decides to prosecute the crime described in the information certified to the prosecuting attorney, or any other related crimes, the inspector general shall cooperate with the prosecuting attorney in the investigation and prosecution of the case. Upon request of the prosecuting attorney, the inspector general may participate on behalf of the state in any resulting criminal trial.

     (b) If:

(1) the prosecuting attorney to whom the inspector general issues a certification under subsection (a):

(A) is disqualified from investigating or bringing a criminal prosecution in the matter addressed in the certification;

(B) does not file an information or seek an indictment not later than one hundred eighty (180) days after the date on which the inspector general certified the information to the prosecuting attorney; or

(C) refers the case back to the inspector general; and

(2) the inspector general finds that there may be probable cause to believe that a person identified in a certification under subsection (a)(1) has violated a criminal statute identified in a certification under subsection (a)(2);

the inspector general may request that the governor recommend the inspector general be appointed as a special prosecuting attorney under subsection (h) so that the inspector general may prosecute the matter addressed in the certification.

     (c) The governor may recommend the inspector general be appointed as a special prosecuting attorney if:

(1) one (1) of the conditions set forth in subsection (b)(1) relating to the prosecuting attorney is met; and

(2) the governor finds that the appointment of the inspector general as a special prosecuting attorney is in the best interests of justice.

     (d) If the governor has recommended the appointment of the inspector general as a special prosecuting attorney, the inspector general shall file a notice with the chief judge of the court of appeals, stating:

(1) that the governor has recommended that the inspector general be appointed as a special prosecutor;

(2) the name of the county in which the crime that the inspector general intends to prosecute is alleged to have been committed; and

(3) that the inspector general requests the chief judge to assign a court of appeals judge to determine whether the inspector general should be appointed as a special prosecuting attorney.

Upon receipt of the notice, the chief judge of the court of appeals shall randomly select a judge of the court of appeals to determine whether the inspector general should be appointed as a special prosecuting attorney. The chief judge shall exclude from the random selection a judge who resided in the county in which the crime is alleged to have been committed at the time the judge was appointed to the court of appeals.

     (e) The inspector general shall file a verified petition for appointment as a special prosecuting attorney with the court of appeals judge assigned under subsection (d). In the verified petition, the inspector general shall set forth why the inspector general should be appointed as a special prosecutor. The inspector general may support the verified petition by including relevant documents, transcripts, or written statements in support of the inspector general's position. The inspector general shall serve a copy of the verified petition, along with any supporting evidence, on the prosecuting attorney to whom the case was originally certified under subsection (a).

     (f) The prosecuting attorney shall file a verified petition in support of or opposition to the inspector general's verified petition for appointment as a special prosecuting attorney not later than fifteen (15) days after receipt of the inspector general's verified petition for appointment as a special prosecuting attorney.

     (g) Upon a showing of particularized need, the court of appeals judge may order the verified petitions filed by the inspector general and the prosecuting attorney to be confidential.

     (h) After considering the verified petitions, the court of appeals judge may appoint the inspector general or a prosecuting attorney, other than the prosecuting attorney to whom the case was certified under this section, as a special prosecuting attorney if the judge finds that:

(1) one (1) of the conditions set forth in subsection (b)(1) is met; and

(2) appointment of a special prosecuting attorney is in the best interests of justice.

In making its determination under this subsection, the court of appeals judge shall consider only the arguments and evidence contained in the verified petitions.

     (i) Except as provided in subsection (k), a special prosecuting attorney appointed under this section has the same powers as the prosecuting attorney of the county. However, the court of appeals judge shall:

(1) limit the scope of the special prosecuting attorney's duties as a special prosecuting attorney to include only the investigation or prosecution of a particular case or particular grand jury investigation, including any matter that reasonably results from the investigation, prosecution, or grand jury investigation; and

(2) establish for a time certain the length of the special prosecuting attorney's term.

If the special prosecuting attorney's investigation or prosecution acquires a broader scope or requires additional time to complete, the court of appeals judge may at any time increase the scope of the special prosecuting attorney's duties or establish a longer term for the special prosecuting attorney.

     (j) An inspector general or prosecuting attorney appointed to serve as a special prosecuting attorney may appoint one (1) or more deputies who are licensed to practice law in Indiana to serve as a special deputy prosecuting attorney. A special deputy prosecuting attorney is subject to the same statutory restrictions and other restrictions imposed on the special prosecuting attorney by the court of appeals, but otherwise has the same powers as a deputy prosecuting attorney.

     (k) An inspector general or prosecuting attorney appointed to serve as a special prosecuting attorney under this section may bring a criminal charge only after obtaining an indictment from a grand jury. An inspector general or prosecuting attorney appointed under this section to serve as a special prosecuting attorney may not bring a criminal charge by filing an information.

     (l) The inspector general or a deputy inspector general who is licensed to practice law in Indiana may serve as a special deputy prosecuting attorney under IC 33-39-10-3.

     (m) If the court of appeals appoints a prosecuting attorney to serve as a special prosecuting attorney under this section, the inspector general shall reimburse the prosecuting attorney for the reasonable expenses of investigating and prosecuting the case.

As added by P.L.222-2005, SEC.14. Amended by P.L.57-2014, SEC.2.

 

IC 4-2-7-8Confidentiality of informant; exceptions; records and disclosure; penalties

     Sec. 8. (a) The identity of any individual who discloses in good faith to the inspector general information alleging a violation of a state or federal statute, rule, regulation, or ordinance is confidential and may not be disclosed to anyone other than the governor, the staff of the office of the inspector general, or an authority to whom the investigation is subsequently referred or certified, unless:

(1) the inspector general makes a written determination that it is in the public interest to disclose the individual's identity; or

(2) the individual consents in writing to disclosure of the individual's identity.

     (b) The investigative records of the inspector general may be kept confidential in whole or in part.

     (c) This subsection does not apply to a person who is a party to an action brought by the inspector general. Information received by the inspector general is not required to be produced in the course of discovery unless ordered by a court after a showing of:

(1) particularized need; and

(2) proof that the information requested cannot be obtained from any other source.

     (d) Except as provided in subsection (e), a person who knowingly or intentionally discloses:

(1) confidential information or records; or

(2) the identity of a person whose identity is confidential under subsection (a);

commits unlawful disclosure of confidential information, a Class A misdemeanor.

     (e) A person may disclose confidential information or records or the identity of a person whose identity is confidential under subsection (a) if the governor authorizes the disclosure of this information in the public interest.

As added by P.L.222-2005, SEC.14.

 

IC 4-2-7-9Statewide code of judicial conduct for administrative law judges

     Sec. 9. (a) The inspector general shall adopt rules under IC 4-22-2 establishing a statewide code of judicial conduct for administrative law judges. The statewide code of judicial conduct for administrative law judges must apply to every person acting as an administrative law judge for a state agency.

     (b) The inspector general:

(1) shall review 312 IAC 3-1-2.5 and 315 IAC 1-1-2 in adopting a statewide code of judicial conduct for administrative law judges; and

(2) may base the statewide code of judicial conduct for administrative law judges on 312 IAC 3-1-2.5 and 315 IAC 1-1-2.

     (c) A state agency may adopt rules under IC 4-22-2 to establish a supplemental code of judicial conduct for a person acting as an administrative law judge for that agency, if the supplemental code is at least as restrictive as the statewide code of judicial conduct for administrative law judges.

     (d) The inspector general may adopt emergency rules in the manner provided under IC 4-22-2-37.1 to implement a statewide code of judicial conduct for administrative law judges.

     (e) The statewide code of judicial conduct for administrative law judges shall be enforced under IC 4-21.5. The inspector general is not responsible for enforcing the statewide code of judicial conduct for administrative law judges or for investigating a possible violation of the statewide code.

As added by P.L.72-2014, SEC.2.

 

IC 4-2-8Chapter 8. Registration and Reporting of Executive Branch Lobbyists

 

           4-2-8-1Application of definitions
           4-2-8-2"Department"
           4-2-8-3Executive branch lobbyists; registration statement; annual report; filing under oath
           4-2-8-4Filing fees; late fees
           4-2-8-5Filing materially incorrect statement or report; referral to inspector general; sanctions
           4-2-8-6Failure to file statement or report; sanctions
           4-2-8-7Rules; consultation with ethics commission and inspector general

 

IC 4-2-8-1Application of definitions

     Sec. 1. The definitions in IC 4-2-6 and IC 4-2-7 apply throughout this chapter.

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-2"Department"

     Sec. 2. As used in this chapter, "department" refers to the Indiana department of administration created by IC 4-13-1-2.

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-3Executive branch lobbyists; registration statement; annual report; filing under oath

     Sec. 3. (a) An executive branch lobbyist shall file the following with the department:

(1) A registration statement.

(2) An annual report as required by the department.

     (b) Statements and reports filed under this section must be filed under oath.

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-4Filing fees; late fees

     Sec. 4. (a) The department shall charge each executive branch lobbyist an initial registration fee and an annual report filing fee set by rules adopted by the department under IC 4-22-2.

     (b) In the rules adopted under this section, the department may provide for late fees for registration statements and annual reports that are filed late.

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-5Filing materially incorrect statement or report; referral to inspector general; sanctions

     Sec. 5. (a) If the department finds that:

(1) a statement or report required to be filed under this chapter was materially incorrect;

(2) the person filing the statement or report was requested to file a corrected statement or report; and

(3) a corrected statement or report has not been filed;

the department may refer the matter to the inspector general or, after a hearing conducted under IC 4-21.5-3, take action under subsection (b).

     (b) If the department makes a finding under subsection (a), the department may do either or both of the following:

(1) Revoke the registration of the person who has failed to file a corrected statement or report.

(2) For a finding made after June 30, 2007, assess a civil penalty on the person who has failed to file a corrected statement or report of not more than five hundred dollars ($500).

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-6Failure to file statement or report; sanctions

     Sec. 6. (a) The department may impose either or both of the following sanctions if, after a hearing under IC 4-21.5-3, the department finds that a person has failed to file a registration statement or a report required by this chapter:

(1) Revoke the person's registration.

(2) For a finding made after June 30, 2007, assess a civil penalty on the person of not more than five hundred dollars ($500).

     (b) In imposing sanctions under this section, the department shall consider the following:

(1) Whether the failure to file the statement or report was willful or negligent.

(2) Any mitigating circumstances.

As added by P.L.89-2006, SEC.15.

 

IC 4-2-8-7Rules; consultation with ethics commission and inspector general

     Sec. 7. In consultation with the inspector general and the commission, the department may adopt rules under IC 4-22-2 to accomplish the duties given to the department under this chapter.

As added by P.L.89-2006, SEC.15.

 

IC 4-3ARTICLE 3. GOVERNOR

 

           Ch. 1.The Governor
           Ch. 2.Repealed
           Ch. 3.Pensions for Former Governors and Surviving Spouses
           Ch. 4.Reports of State Agencies to Governor-Elect
           Ch. 5.State Services and Space Made Available to Governor-Elect
           Ch. 6.Governor Authorized to Present Reorganization Plans for State Agencies to the General Assembly
           Ch. 7.Repealed
           Ch. 7.5.Repealed
           Ch. 8.Repealed
           Ch. 9.Transfer of Land to United States Government for Location of Federal Projects in Indiana
           Ch. 10.Repealed
           Ch. 10.1.Repealed
           Ch. 11.Repealed
           Ch. 12.Repealed
           Ch. 12.5.Repealed
           Ch. 13.Repealed
           Ch. 14.Repealed
           Ch. 15.Repealed
           Ch. 16.Repealed
           Ch. 17.Hoosier Alliance Against Drugs
           Ch. 19.Public Highway Private Enterprise Review Board
           Ch. 20.Repealed
           Ch. 21.Military Base Planning Council
           Ch. 22.Office of Management and Budget
           Ch. 23.Indiana Office of Energy Development
           Ch. 24.Office of State Based Initiatives
           Ch. 25.Indiana Commission to Combat Drug Abuse
           Ch. 26.Indiana Management Performance Hub
           Ch. 27.Governor's Workforce Cabinet

 

IC 4-3-1Chapter 1. The Governor

 

           4-3-1-1Acts and joint resolutions of general assembly
           4-3-1-2Employment of counsel; fugitives from justice; recapture
           4-3-1-3Official bonds; suits
           4-3-1-4Expenses; contingent fund
           4-3-1-5Officers and judges commissioned by governor
           4-3-1-6Location of residence

 

IC 4-3-1-1Acts and joint resolutions of general assembly

     Sec. 1. The governor shall cause all acts and joint resolutions passed by the general assembly to be deposited in the office of the secretary of state, and inform the house in which the same originated, thereof.

Formerly: Acts 1852, 1RS, c.47, s.1.

 

IC 4-3-1-2Employment of counsel; fugitives from justice; recapture

     Sec. 2. The governor may employ counsel to protect the interest of the state in any matter of litigation where the same is involved; and the expenses incurred under this section, and recapturing fugitives from justice, may be allowed by the governor and paid out of any money appropriated for that purpose.

Formerly: Acts 1852, 1RS, c.47, s.2. As amended by P.L.215-2016, SEC.11.

 

IC 4-3-1-3Official bonds; suits

     Sec. 3. For breach of the condition of any official bond, by which the state is injured, the governor shall direct suit to be brought upon the governor's relation, unless otherwise provided by law; and all costs taxed against the relator shall be paid by the state.

Formerly: Acts 1852, 1RS, c.47, s.4. As amended by P.L.215-2016, SEC.12.

 

IC 4-3-1-4Expenses; contingent fund

     Sec. 4. The expenses of the necessary furniture, fuel, stationery, and postage of the governor, and such contingent fund as may be appropriated, shall be paid out of the treasury of the state, on the order of the auditor, as in other cases.

Formerly: Acts 1852, 1RS, c.47, s.6.

 

IC 4-3-1-5Officers and judges commissioned by governor

     Sec. 5. The governor shall commission the following:

(1) All officers designated in the Constitution of the State of Indiana other than members of the general assembly.

(2) All officers elected by the general assembly.

(3) All officers appointed by the governor.

(4) All judges.

(5) All electors and alternate electors for President and Vice President of the United States.

As added by P.L.3-1987, SEC.492. Amended by P.L.3-1993, SEC.238.

 

IC 4-3-1-6Location of residence

     Sec. 6. The governor must reside at the seat of government as provided in Article 6, Section 5 of the Constitution of the State of Indiana.

As added by P.L.3-1987, SEC.493.

 

IC 4-3-2Chapter 2. Repealed

Repealed by Acts 1979, P.L.19, SEC.4.

 

IC 4-3-3Chapter 3. Pensions for Former Governors and Surviving Spouses

 

           4-3-3-1Repealed
           4-3-3-1.1Retirement benefit of governor; eligibility; elections; limitations; payment
           4-3-3-2Pension of surviving spouse; election; limitations; payment
           4-3-3-3Application of chapter

 

IC 4-3-3-1Repealed

Formerly: Acts 1945, c.6, s.1; Acts 1975, P.L.21, SEC.1. As amended by Acts 1977, P.L.24, SEC.1. Repealed by Acts 1980, P.L.9, SEC.5.

 

IC 4-3-3-1.1Retirement benefit of governor; eligibility; elections; limitations; payment

     Sec. 1.1. (a) An individual who holds the office of governor for any length of time during one (1) term of that office is entitled to receive an annual retirement benefit under subsection (e). However, an individual who succeeds to the office of governor without being elected is not entitled to an annual retirement benefit under this section unless such person serves for more than one (1) year of the term of the office.

     (b) An individual who holds the office of governor for any length of time during each of two (2) separate terms of that office is entitled to receive an annual retirement benefit under subsection (f).

     (c) If an individual who holds the office of governor resigns or is removed from office, during a term of that office, for any reason except a mental or physical disability that renders the individual unable to discharge the powers and duties of the office, then the term during which the individual resigned or was removed may not be considered for determining the individual's annual retirement benefit under this section.

     (d) The retirement benefit shall be paid in equal monthly installments by the treasurer of state on warrant of the auditor of state after a claim has been made for the retirement benefit to the auditor by the governor or a person acting on the governor's behalf. A governor shall choose the date on which the governor will begin receiving the governor's retirement benefit. However, the date must be the first state employee payday of a month. A governor may not receive the retirement benefit as long as the governor holds an elective position with any federal, state, or local governmental unit, and the governor may not receive the retirement benefit until the governor has reached at least age sixty-two (62) years. The governor's choice of initial benefit payment date and the governor's choice of benefit payment amount under subsections (e) and (f) are revocable until the governor receives the first monthly installment of the governor's retirement benefit. After that installment is received, the choice of date and the choice of amount are irrevocable.

     (e) With respect to a governor who is entitled to a retirement benefit under subsection (a):

(1) if the governor chooses to begin receiving the governor's retirement benefit on or after the date the governor reaches age sixty-two (62) years but before the governor reaches age sixty-five (65) years, the governor may choose to receive:

(A) the retirement benefits the governor is entitled to, if any, from the public employees' retirement fund; or

(B) thirty percent (30%) of the governor's annual salary set in IC 4-2-1-1 for the remainder of the governor's life; or

(2) if the governor chooses to begin receiving the governor's retirement benefit on or after the date the governor reaches age sixty-five (65) years, the governor may choose to receive:

(A) the retirement benefits the governor is entitled to, if any, from the public employees' retirement fund; or

(B) forty percent (40%) of the governor's annual salary set in IC 4-2-1-1 for the remainder of the governor's life.

     (f) With respect to a governor who is entitled to a retirement benefit under subsection (b):

(1) if the governor chooses to begin receiving the governor's retirement benefit on or after the date the governor reaches age sixty-two (62) years but before the governor reaches age sixty-five (65) years, the governor may choose to receive:

(A) the retirement benefits the governor is entitled to, if any, from the public employees' retirement fund; or

(B) forty percent (40%) of the governor's annual salary set in IC 4-2-1-1 for the remainder of the governor's life; or

(2) if the governor chooses to begin receiving the governor's retirement benefit on or after the date the governor reaches age sixty-five (65) years, the governor may choose to receive:

(A) the retirement benefits the governor is entitled to, if any, from the public employees' retirement fund; or

(B) fifty percent (50%) of the governor's annual salary set in IC 4-2-1-1 for the remainder of the governor's life.

As added by Acts 1980, P.L.9, SEC.1. Amended by P.L.6-1996, SEC.1; P.L.22-1998, SEC.1; P.L.13-2013, SEC.4.

 

IC 4-3-3-2Pension of surviving spouse; election; limitations; payment

     Sec. 2. (a) The surviving spouse of each individual who:

(1) serves as governor; and

(2) is entitled to a retirement benefit under section 1.1 of this chapter;

is entitled to an annual pension.

     (b) The pension to which a governor's surviving spouse is entitled under this section shall be paid in equal monthly installments by the treasurer of state on warrant of the auditor of state after a claim has been made for the pension to the auditor by:

(1) the surviving spouse; or

(2) a person acting on behalf of the surviving spouse.

     (c) The annual pension to which a governor's surviving spouse is entitled under this section is equal to the following:

(1) For the surviving spouse of a governor who died before July 1, 1998, the greater of:

(A) the annual retirement benefit received by the surviving spouse during the year beginning July 1, 1998; or

(B) ten thousand dollars ($10,000).

(2) For the surviving spouse of a governor who dies after June 30, 1998, the greater of:

(A) fifty percent (50%) of the annual retirement benefit that the governor to whom the surviving spouse was married was receiving or was entitled to receive on the date of the governor's death; or

(B) ten thousand dollars ($10,000).

     (d) The surviving spouse of a governor must make the election required under subsection (c)(1) or (c)(2). Once a surviving spouse has received any pension payment under this section, the election is irrevocable.

     (e) A governor's surviving spouse is entitled to receive the pension provided under this section for life.

     (f) Notwithstanding any other law to the contrary, the pension provided under this section is in addition to any other retirement benefits a governor's surviving spouse is entitled to receive.

As added by Acts 1980, P.L.9, SEC.2. Amended by P.L.195-1999, SEC.6; P.L.97-2004, SEC.13; P.L.177-2014, SEC.1.

 

IC 4-3-3-3Application of chapter

     Sec. 3. This chapter applies to any governor of Indiana regardless of whether the governor's service occurred before, on, or after January 14, 1981, and to the surviving spouse of any governor.

As added by Acts 1980, P.L.9, SEC.3. Amended by P.L.215-2016, SEC.13.

 

IC 4-3-4Chapter 4. Reports of State Agencies to Governor-Elect

 

           4-3-4-1Contents of reports; plans and estimates for improvements

 

IC 4-3-4-1Contents of reports; plans and estimates for improvements

     Sec. 1. It shall be the duty of every state institution, office, board, bureau, society, commission, or other organization which receives an appropriation from the state, to furnish to the governor elect of the state, upon the governor elect's request, within six (6) days after each general election in November, the information in relation to the management, control, receipts, expenditures, and needs of the state institution, office, board, bureau, society, commission, or other organization as the governor may require and in the form as the governor may prescribe and to furnish plans and reliable estimates for all improvements for which appropriations are to be requested from the next general assembly.

Formerly: Acts 1905, c.64, s.1. As amended by Acts 1979, P.L.17, SEC.1; P.L.215-2016, SEC.14.

 

IC 4-3-5Chapter 5. State Services and Space Made Available to Governor-Elect

 

           4-3-5-1Office space; equipment; telephone
           4-3-5-2State budget; revenue estimate
           4-3-5-3Successors to heads of state agencies; furnishing information

 

IC 4-3-5-1Office space; equipment; telephone

     Sec. 1. The governor shall direct the property management division of the department of administration to provide a governor-elect with office space, office equipment, and telephone service, for the period between the election and the inauguration.

Formerly: Acts 1963, c.143, s.1.

 

IC 4-3-5-2State budget; revenue estimate

     Sec. 2. The budget agency shall make available to a governor elect and the governor elect's designated representatives information on the following:

(1) All information and reports used in the preparation of the state budget.

(2) All information on projected income and revenue estimates for the state.

Formerly: Acts 1963, c.143, s.2. As amended by P.L.215-2016, SEC.15.

 

IC 4-3-5-3Successors to heads of state agencies; furnishing information

     Sec. 3. The designated department, agency, commission, and/or division heads will supply their successors with all necessary documents and information vital to the continued operation of the department.

Formerly: Acts 1963, c.143, s.3.

 

IC 4-3-6Chapter 6. Governor Authorized to Present Reorganization Plans for State Agencies to the General Assembly

 

           4-3-6-1Title of act
           4-3-6-2Definitions
           4-3-6-3Purposes of reorganization
           4-3-6-4Governor; preparation of plan; message to general assembly
           4-3-6-5Name of agencies; personnel; transfer of records and property; unexpended balances of appropriation; enumerating statutes repealed
           4-3-6-6Effect of plans
           4-3-6-7Presenting plan to general assembly in form of bill; enactment
           4-3-6-8Effect of reorganization; regulations and other actions; vested functions
           4-3-6-9Survival of actions; time for motion to allow

 

IC 4-3-6-1Title of act

     Sec. 1. This chapter shall be known and may be cited as the "Reorganization Act of 1967".

Formerly: Acts 1967, c.9, s.1. As amended by P.L.5-1984, SEC.9.

 

IC 4-3-6-2Definitions

     Sec. 2. As used in this chapter:

(1) "Agency" means any executive or administrative department, commission, council, board, bureau, division, service, office, officer, administration, or other establishment in the executive or administrative branch of the state government not provided for by the constitution. The term "agency" does not include the secretary of state, the auditor of state, the treasurer of state, the lieutenant governor, the state superintendent of public instruction, and the attorney general, nor the departments of which they are, by the statutes first adopted setting out their duties, the administrative heads. After January 10, 2025, "agency" includes the state superintendent of public instruction.

(2) "Reorganization" means:

(A) the transfer of the whole or any part of any agency, or of the whole or any part of the functions of an agency, to the jurisdiction and control of any other agency;

(B) the abolition of all or any part of the functions of any agency;

(C) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions of an agency, with the whole or any part of any other agency or the functions of an agency;

(D) the consolidation or coordination of any part of any agency or the functions of an agency, with any other part of the same agency or the functions of the agency;

(E) the authorization of any officer to delegate any of the officer's functions; or

(F) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of a reorganization plan will not have, any functions.

Formerly: Acts 1967, c.9, s.2. As amended by P.L.5-1984, SEC.10; P.L.215-2016, SEC.16; P.L.219-2017, SEC.10.

 

IC 4-3-6-3Purposes of reorganization

     Sec. 3. (a) The governor shall examine, and from time to time reexamine, the organization of all agencies of the state government, and shall determine what changes in the agencies are necessary to accomplish the following purposes:

(1) To promote the better execution of the laws, the more effective management of the executive and administrative branch of the government and of its agencies and functions, and expeditious administration of the public business.

(2) To reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the government.

(3) To increase the efficiency of the operations of the government to the fullest extent practicable.

(4) To group, coordinate, and consolidate agencies and functions of the government, as nearly as possible according to major purposes.

(5) To reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the government.

(6) To eliminate overlapping and duplication of effort.

(7) To increase the control of the electorate over the policymaking functions of government.

     (b) The general assembly declares that the public interest demands the carrying out of the purposes specified in this section, and that these purposes may be accomplished in great measure by proceeding under the provisions of this chapter.

Formerly: Acts 1967, c.9, s.3. As amended by P.L.5-1984, SEC.11; P.L.136-2018, SEC.5.

 

IC 4-3-6-4Governor; preparation of plan; message to general assembly

     Sec. 4. Whenever the governor, after investigation, finds that:

(1) the transfer of the whole or any part of any agency, or of the whole or any part of the functions thereof, to the jurisdiction and control of any other agency;

(2) the abolition of all or any part of the functions of any agency;

(3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or any part of any other agency or the functions thereof;

(4) the consolidation or coordination of any part of any agency or the functions thereof with any other part of the same agency or the functions thereof;

(5) the authorization of any officer to delegate any of that officer's functions; or

(6) the abolition of the whole or any part of any agency which agency or part does not have, or upon the taking effect of the reorganization plan will not have any functions;

is necessary to accomplish one (1) or more of the purposes of this chapter, the governor shall prepare a reorganization plan for accomplishing the changes in government indicated by the governor's findings included in the plan, and shall submit the plan in an electronic format under IC 5-14-6 to the general assembly, together with a declaration that, with respect to each reorganization included in the plan the governor has found that the reorganization is necessary to accomplish one (1) or more of the purposes of this chapter. The governor, in the message submitting a reorganization plan, shall specify, with respect to each abolition of a function included in the plan, the statutory authority for the exercise of the function, and shall specify the reduction of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the plan.

Formerly: Acts 1967, c.9, s.4. As amended by P.L.5-1984, SEC.12; P.L.17-1985, SEC.1; P.L.28-2004, SEC.15.

 

IC 4-3-6-5Name of agencies; personnel; transfer of records and property; unexpended balances of appropriation; enumerating statutes repealed

     Sec. 5. Any reorganization plan submitted by the governor under this chapter:

(a) shall change, in cases the governor deems necessary, the name of any agency affected by a reorganization, and the title of its head; and shall designate the name of any agency resulting from a reorganization and the title of its head;

(b) may include provisions for the appointment and compensation of the head and one (1) or more other officers of any agency, including an agency resulting from a consolidation or other type of reorganization, if the governor finds, and in the governor's message submitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary. The head may be an individual, or may be a commission or board with two (2) or more members. The terms of office of any appointee shall not be fixed at more than four (4) years. The compensation shall not be at a rate in excess of that found by the governor to prevail in respect of comparable officers in the executive and administrative branch;

(c) shall make provisions for the transfer or other disposition of the records, property, and personnel affected by any reorganization;

(d) shall make provision for the transfer of the unexpended balances of appropriations, and of other funds, available for use in connection with any function or agency affected by a reorganization, as the governor deems necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which has the functions after the reorganization plan is effective. Unexpended balances transferred shall be used only for the purposes for which the appropriation was originally made;

(e) shall make provision for terminating the affairs of any agency abolished; and

(f) shall enumerate all statutes which may be repealed if the reorganization plan becomes effective.

Formerly: Acts 1967, c.9, s.5. As amended by P.L.5-1984, SEC.13; P.L.215-2016, SEC.17.

 

IC 4-3-6-6Effect of plans

     Sec. 6. No reorganization plan shall provide for, and no reorganization under this chapter shall have the effect of:

(a) abolishing or transferring a constitutional office or the attorney general or the functions thereof, or consolidating any two (2) such offices or the functions provided such offices in the first statute prescribing the functions and duties of such offices;

(b) continuing any agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made;

(c) continuing any function beyond the period authorized by law for its exercise, or beyond the time when it would have terminated if the reorganization had not been made; or

(d) increasing the term of any office beyond that provided by law for the office.

Formerly: Acts 1967, c.9, s.6. As amended by P.L.5-1984, SEC.14.

 

IC 4-3-6-7Presenting plan to general assembly in form of bill; enactment

     Sec. 7. (a) Each reorganization plan shall be presented by the governor to the general assembly in the form of a bill.

     (b) Each reorganization plan so submitted by the governor shall take effect if and when it is enacted as a law by the general assembly in accordance with the constitution of the state of Indiana.

Formerly: Acts 1967, c.9, s.7.

 

IC 4-3-6-8Effect of reorganization; regulations and other actions; vested functions

     Sec. 8. (a) An act and any regulation or other action made, prescribed, issued, granted, or performed in respect of or by any agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, shall, except to the extent rescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, have the same effect as if the reorganization had not been made. If any such act, regulation, or other action has vested the function in the agency from which it is removed under the plan, the function shall, insofar as it is to be exercised after the plan becomes effective, be considered as vested in the agency under which the function is placed by the plan.

     (b) As used in this section, "regulation or other action" means any regulation, rule, order, policy, determination, directive, authorization, permit, privilege, requirement, designation, or other action.

Formerly: Acts 1967, c.9, s.8. As amended by P.L.5-1984, SEC.15.

 

IC 4-3-6-9Survival of actions; time for motion to allow

     Sec. 9. No legal action, or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in the head's or other officer's official capacity or in relation to the discharge of the head's or other officer's official duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of this chapter. The court may, on motion or supplemental petition filed at any time within twelve (12) months after the reorganization plan takes effect, showing a necessity for a survival of the action, or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of the head or officer under the reorganization effected by the plan or, if there is no successor, against the agency or officer as the governor shall designate.

Formerly: Acts 1967, c.9, s.9. As amended by P.L.5-1984, SEC.16; P.L.215-2016, SEC.18.

 

IC 4-3-7Chapter 7. Repealed

[Pre-Local Government Recodification Citations:

4-3-7-7formerly 18-7-1.5-2; 18-7-1.5-3; 18-7-1.5-4; 18-7-1.5-5; 18-7-1.5-6; 18-7-1.5-7.]

Repealed by P.L.12-1983, SEC.24.

 

IC 4-3-7.5Chapter 7.5. Repealed

Repealed by Acts 1980, P.L.74, SEC.434.

 

IC 4-3-8Chapter 8. Repealed

Repealed by Acts 1982, P.L.21, SEC.60.

 

IC 4-3-9Chapter 9. Transfer of Land to United States Government for Location of Federal Projects in Indiana

 

           4-3-9-1Definitions
           4-3-9-2Location of federal educational, scientific, or research projects within state; transfer of lands to United States
           4-3-9-3Instruments of conveyance; execution; requisites
           4-3-9-4State lands; transfer; valuation; allocation of funds to controlling agencies; revenue bonds; payment; separate sinking fund; damages
           4-3-9-5University lands; transfer to state; allocation of funds
           4-3-9-6Title to land not in state; acquisition
           4-3-9-7Repealed
           4-3-9-8Repealed

 

IC 4-3-9-1Definitions

     Sec. 1. As used in this chapter:

(1) "Agency of the state" means any officer, agency, department, board, bureau, commission, division or institution of the state of Indiana, the trustees or board of directors of any corporation of the state or body politic of the state supported in whole or in part by appropriations from the state, and the trustees of any state-supported university.

(2) "Land" means both unimproved and improved land.

(3) "Title" and "interest in land" means both legal and equitable title and interest in land.

(4) "Transfer" means a gift, grant, conveying, exchange, lease, or sale.

(5) "United States of America" shall include the United States government and any agency or entity thereof.

As added by Acts 1977, P.L.25, SEC.1.

 

IC 4-3-9-2Location of federal educational, scientific, or research projects within state; transfer of lands to United States

     Sec. 2. Whenever the governor of the state of Indiana deems it necessary or desirable for the purposes of securing the location in the state of a proposed educational, scientific, or research project or facility, the governor is authorized to transfer to the United States of America any interest in lands which the state holds if that land is utilized for the proposed project or facility. The state, by its governor, may transfer such interest without consideration, or for a nominal or substantial sum, or for a period of years, or in exchange for lands of the United States, or on such other terms as the governor shall find advantageous to the state of Indiana in obtaining the location of the project or facility within the state of Indiana.

As added by Acts 1977, P.L.25, SEC.1.

 

IC 4-3-9-3Instruments of conveyance; execution; requisites

     Sec. 3. The governor is authorized to execute all deeds or other instruments of conveyance which, in the governor's judgment, are proper or necessary for the transfer of title to land or any interest by the state of Indiana to the United States of America under section 2 of this chapter, in the following form and manner: Every deed or conveyance shall be executed in the name of the state of Indiana, signed by the governor of the state of Indiana, with the seal of the state of Indiana affixed thereto and shall be approved as to legality and form by the attorney general of Indiana.

As added by Acts 1977, P.L.25, SEC.1. Amended by P.L.215-2016, SEC.19.

 

IC 4-3-9-4State lands; transfer; valuation; allocation of funds to controlling agencies; revenue bonds; payment; separate sinking fund; damages

     Sec. 4. (a) When title to land that is to be transferred to the United States of America under this chapter is held in the name of the state of Indiana, and that land has not been declared surplus and is under the jurisdiction and control of any agency of the state, the state budget agency, with approval of the governor, shall allocate and transfer to that agency of the state from any funds which may be appropriated for use to accomplish the purposes of this chapter, an amount of money which equals the value of the land transferred.

     (b) The value shall be determined by three (3) disinterested appraisers appointed by the governor. The appraisers shall be residents of the state of Indiana. The allocation of funds shall be in addition to any other appropriations made to that agency of the state. In the event that revenue from the land described in this section and transferred to the United States of America under this chapter is pledged as security for bonds issued and outstanding, the money appropriated by this section shall be held by the treasurer of the state of Indiana in a separate sinking fund to be used only for the purposes of paying the interest and principal of the bonds as they become due, and for no other purpose, until the time the bonds are retired. The funds shall be deposited by the treasurer of the state of Indiana, under the provisions of IC 5-13, at interest, and interest earned by reason of deposit shall be credited to and belong to the fund. Any person, firm, limited liability company, or corporation who is the holder of any of the bonds at the time the governor announces the governor's intention to transfer the land to the United States of America and who is aggrieved by the amount of money allocated and transferred to a sinking fund created under this section, shall have the right to seek bondholders' damages which may not exceed the face value of the bonds.

As added by Acts 1977, P.L.25, SEC.1. Amended by P.L.19-1987, SEC.1; P.L.8-1993, SEC.8; P.L.215-2016, SEC.20.

 

IC 4-3-9-5University lands; transfer to state; allocation of funds

     Sec. 5. In the event that any land or interest in land which the governor determines necessary or desirable to transfer to the United States of America pursuant to this chapter is in the name of the board of trustees of a state-supported university, the board of trustees of that university may, if not inconsistent with the terms and conditions of the gift, bequest or devise, if any, by which the university received the land or interest in land, transfer such interest to the state of Indiana without consideration, or for a nominal or substantial sum, or for a period of years, or in exchange for lands of the state, or on such other terms as the governor and the board of trustees of the university may agree. The state budget agency, with the approval of the governor, shall allocate and transfer to the university from any funds which may be appropriated for use to accomplish the purposes of this chapter any sum of money agreed upon by the governor and the board of trustees pursuant to this section. The allocation of funds shall be in addition to, and not a part of, any other appropriation made to the university.

As added by Acts 1977, P.L.25, SEC.1.

 

IC 4-3-9-6Title to land not in state; acquisition

     Sec. 6. If the title to any land which the governor determines necessary or desirable to transfer to the United States of America pursuant to this chapter is not in the name of the state of Indiana at the time of the determination, the governor is authorized to acquire that land by gift, bequest, devise, exchange, purchase, or other agreement.

As added by Acts 1977, P.L.25, SEC.1.

 

IC 4-3-9-7Repealed

As added by Acts 1977, P.L.25, SEC.1. Repealed by P.L.17-1986, SEC.15.

 

IC 4-3-9-8Repealed

As added by Acts 1977, P.L.25, SEC.1. Repealed by P.L.17-1986, SEC.15.

 

IC 4-3-10Chapter 10. Repealed

Repealed by Acts 1980, P.L.11, SEC.8.

 

IC 4-3-10.1Chapter 10.1. Repealed

Repealed by P.L.43-1983, SEC.17.

 

IC 4-3-11Chapter 11. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-12Chapter 12. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-12.5Chapter 12.5. Repealed

Repealed by P.L.15-1989, SEC.12.

 

IC 4-3-13Chapter 13. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-14Chapter 14. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-15Chapter 15. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-16Chapter 16. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-3-17Chapter 17. Hoosier Alliance Against Drugs

 

           4-3-17-1"Board" defined
           4-3-17-2"Corporation" defined
           4-3-17-3Establishment of corporation; prerequisites
           4-3-17-4Articles of incorporation or bylaws; merger
           4-3-17-5Duties of corporation
           4-3-17-6Debt of corporation not state liability
           4-3-17-7Duration

 

IC 4-3-17-1"Board" defined

     Sec. 1. As used in this chapter, "board" refers to the board of directors of the corporation.

As added by P.L.16-1989, SEC.1.

 

IC 4-3-17-2"Corporation" defined

     Sec. 2. As used in this chapter, "corporation" refers to the Hoosier alliance against drugs established under this chapter.

As added by P.L.16-1989, SEC.1.

 

IC 4-3-17-3Establishment of corporation; prerequisites

     Sec. 3. The governor may request, on behalf of the state, the establishment of a private not-for-profit corporation named the Hoosier alliance against drugs. The corporation may not commence operations or perform the functions listed in section 4 of this chapter until:

(1) articles of incorporation for the corporation have been filed with, and a certificate of incorporation has been issued by, the secretary of state;

(2) the corporation has conducted a public hearing for the purpose of giving all interested parties an opportunity to review and comment upon the articles of incorporation, bylaws, and proposed methods of operation of the corporation; and

(3) the governor has certified to the secretary of state that all requirements set forth in this chapter for the corporation have been satisfied.

Notice of the hearing under subdivision (2) must be given at least fourteen (14) days before the hearing in accordance with IC 5-14-1.5-5(b).

As added by P.L.16-1989, SEC.1.

 

IC 4-3-17-4Articles of incorporation or bylaws; merger

     Sec. 4. (a) The articles of incorporation or bylaws of the corporation, as appropriate, must provide that:

(1) the exclusive purpose of the corporation is to provide grants and serve as a resource for education programs on drug and alcohol abuse, by providing assistance to persons or entities involved with:

(A) coordinating the activities of all parties having a role in drug and alcohol abuse education and prevention; and

(B) educating and assisting local communities in educating Indiana citizens on the problems of drug and alcohol abuse;

(2) the board must include:

(A) the governor or the governor's designee;

(B) the state health commissioner or the commissioner's designee; and

(C) additional persons appointed by the governor, who have knowledge or experience in drug or alcohol education programs;

(3) the governor shall designate a member of the board to serve as chairman of the board;

(4) the board shall select any other officers it considers necessary, such as a vice chairman, treasurer, or secretary;

(5) the chairman of the board may appoint any subcommittees that the chairman considers necessary to carry out the duties of the corporation;

(6) with the approval of the governor, the corporation may appoint a president, who shall serve as the chief operating officer of the corporation and who may appoint staff or employ consultants to carry out the corporation's duties under this chapter, including personnel to receive or disseminate information that furthers the goals of the corporation;

(7) the corporation may receive funds from any source (including state appropriations), may enter into contracts, and may expend funds for any activities necessary, convenient, or expedient to carry out its purposes;

(8) any amendments to the articles of incorporation or bylaws of the corporation must be approved by the board;

(9) the corporation shall submit an annual report to the governor, lieutenant governor, and chairman of the legislative council before December 31 of each year;

(10) the corporation shall conduct an annual public hearing to receive comments from interested parties regarding the annual report, and notice of the hearing shall be given at least fourteen (14) days before the hearing in accordance with IC 5-14-1.5-5(b); and

(11) the corporation is subject to audit by the state board of accounts, and the corporation shall bear the full costs of this audit.

An annual report described in subdivision (9) that is submitted to the chairman of the legislative council must be in an electronic format under IC 5-14-6.

     (b) The corporation may perform other acts necessary, convenient, or expedient to carry out its purposes under this chapter and has all the rights, powers, and privileges granted to corporations by IC 23-17 and by common law.

     (c) With the approval of the governor, the corporation may merge with an entity with similar purposes. If the corporation merges with another entity under this subsection, the governor shall revoke the certification under section 7 of this chapter.

As added by P.L.16-1989, SEC.1. Amended by P.L.12-1990, SEC.1; P.L.179-1991, SEC.5; P.L.23-1995, SEC.1; P.L.28-2004, SEC.21; P.L.181-2015, SEC.1.

 

IC 4-3-17-5Duties of corporation

     Sec. 5. After being certified by the governor under section 3 of this chapter, the corporation shall do the following:

(1) Conduct an ongoing analysis of the educational programs being used by communities to alleviate the problem of drug and alcohol abuse.

(2) Develop, update, and oversee the implementation of a plan to maintain and strengthen communities in educating Indiana citizens of the problems with drug and alcohol abuse.

(3) Cooperate with individuals and organizations from the private sector in developing, implementing, and promoting drug and alcohol abuse education programs.

(4) Cooperate with federal, state, and local government agencies in matters concerning the corporation's purposes.

(5) Advise the governor and lieutenant governor concerning state programs or activities that may affect drug and alcohol education in Indiana.

(6) Conduct marketing and promotional programs necessary to implement its plans.

As added by P.L.16-1989, SEC.1.

 

IC 4-3-17-6Debt of corporation not state liability

     Sec. 6. A debt incurred by the corporation under the authority of this chapter does not represent or constitute a debt of the state within the meaning of the Constitution of the State of Indiana or Indiana law.

As added by P.L.16-1989, SEC.1.

 

IC 4-3-17-7Duration

     Sec. 7. The certification by the governor under section 3 of this chapter remains in effect until:

(1) the governor revokes the certification in writing and transmits a copy of the revocation to the president of the corporation and to the secretary of state; or

(2) the general assembly provides by law for termination of the designation.

As added by P.L.16-1989, SEC.1.

 

IC 4-3-19Chapter 19. Public Highway Private Enterprise Review Board

 

           4-3-19-1"Board" defined
           4-3-19-2"Department" defined
           4-3-19-3"Person" defined
           4-3-19-4"Public highway" defined
           4-3-19-5Establishment of board
           4-3-19-6Membership; appointment
           4-3-19-7Appointment of voting members; conditions
           4-3-19-8Appointment of voting members; political affiliation
           4-3-19-9Appointment of advisory members by speaker; conditions
           4-3-19-10Appointment of advisory members by president pro tempore; conditions
           4-3-19-11Voting members; term
           4-3-19-12Advisory members; term
           4-3-19-13Voting members; vacancies
           4-3-19-14Advisory members; vacancies
           4-3-19-15Appointments to vacancies
           4-3-19-16Compensation; expense reimbursements
           4-3-19-17Chairman; appointment
           4-3-19-18Meetings
           4-3-19-19Quorum
           4-3-19-20Votes required for action
           4-3-19-21Voting restrictions; advisory members
           4-3-19-22Duties
           4-3-19-23Complaints against a department; filing requirements
           4-3-19-24Transmission of complaint to department
           4-3-19-25Responses; requirements for submission
           4-3-19-26Responses; contents
           4-3-19-27Hearings; issuance of advisory opinions
           4-3-19-28Advisory opinions; requirements
           4-3-19-29Report; contents

 

IC 4-3-19-1"Board" defined

     Sec. 1. As used in this chapter, "board" refers to the public highway private enterprise review board established by section 5 of this chapter.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-2"Department" defined

     Sec. 2. As used in this chapter, "department" means:

(1) the Indiana department of transportation established under IC 8-23-2-1; or

(2) a public highway department that is:

(A) under the political control of a unit (as defined in IC 36-1-2-23); and

(B) involved in the construction, maintenance, or repair of a public highway (as defined in IC 9-25-2-4).

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-3"Person" defined

     Sec. 3. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or other legal entity.

As added by P.L.12-1991, SEC.1. Amended by P.L.8-1993, SEC.11.

 

IC 4-3-19-4"Public highway" defined

     Sec. 4. As used in this chapter, "public highway" has the meaning set forth in IC 9-25-2-4.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-5Establishment of board

     Sec. 5. The public highway private enterprise review board is established.

As added by P.L.12-1991, SEC.1. Amended by P.L.1-1994, SEC.8.

 

IC 4-3-19-6Membership; appointment

     Sec. 6. The board consists of fifteen (15) members as follows:

(1) Eleven (11) voting members appointed by the governor.

(2) Two (2) advisory members appointed by the speaker of the house of representatives.

(3) Two (2) advisory members appointed by the president pro tempore of the senate.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-7Appointment of voting members; conditions

     Sec. 7. The members appointed by the governor must include at least the following:

(1) Two (2) representatives of small business.

(2) One (1) representative of the Indiana State Building Trades Council.

(3) One (1) representative from the Indiana State AFL-CIO.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-8Appointment of voting members; political affiliation

     Sec. 8. Not more than six (6) of the board members appointed by the governor may be members of the same political party.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-9Appointment of advisory members by speaker; conditions

     Sec. 9. The members appointed by the speaker of the house of representatives:

(1) must be members of the house of representatives when appointed; and

(2) may not be members of the same political party.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-10Appointment of advisory members by president pro tempore; conditions

     Sec. 10. The members appointed by the president pro tempore of the senate:

(1) must be members of the senate when appointed; and

(2) may not be members of the same political party.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-11Voting members; term

     Sec. 11. A member appointed by the governor serves a term of four (4) years.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-12Advisory members; term

     Sec. 12. The term of an advisory member expires on the date of the next general election following the appointment.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-13Voting members; vacancies

     Sec. 13. A member appointed by the governor vacates the member's seat on the board if the member becomes a member of the general assembly.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-14Advisory members; vacancies

     Sec. 14. A member described under section 9 or 10 of this chapter vacates the member's seat on the board whenever the member ceases to be a member of the chamber of the general assembly that the member represented when the member was appointed.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-15Appointments to vacancies

     Sec. 15. The appointing authority shall fill a vacancy on the board for the unexpired term.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-16Compensation; expense reimbursements

     Sec. 16. Each member of the board who is not an elected official is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each board member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-17Chairman; appointment

     Sec. 17. The governor shall appoint the chairman of the board before August 1 of each year.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-18Meetings

     Sec. 18. The board shall meet at the call of the chairman.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-19Quorum

     Sec. 19. A quorum for a meeting of the board consists of six (6) voting members.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-20Votes required for action

     Sec. 20. Eight (8) affirmative votes are required for the board to take action.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-21Voting restrictions; advisory members

     Sec. 21. An advisory member may not vote on a question before the board.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-22Duties

     Sec. 22. The board shall review Indiana statutes, rules, and practices to determine if legislation is desirable to restrict or prohibit governmental competition with private enterprise in the area of:

(1) construction;

(2) maintenance; or

(3) repair;

of a public highway.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-23Complaints against a department; filing requirements

     Sec. 23. A person who believes that a department has violated IC 8-23-9, IC 8-23-11, or IC 36-1-12-3 may file a written complaint with the board. The complaint must set forth the alleged violation.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-24Transmission of complaint to department

     Sec. 24. The board shall transmit a copy of a complaint that complies with section 23 of this chapter to the department.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-25Responses; requirements for submission

     Sec. 25. A department named in a complaint may submit a written response to the board not later than forty-five (45) days after the board transmits a copy of the complaint.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-26Responses; contents

     Sec. 26. A response under section 25 of this chapter may indicate whether the allegation is true or false and whether the department has taken remedial action.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-27Hearings; issuance of advisory opinions

     Sec. 27. The board shall hold a hearing on the complaint and issue an advisory opinion to the department.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-28Advisory opinions; requirements

     Sec. 28. The opinion issued under section 27 of this chapter must:

(1) state whether the department has violated IC 8-23-9, IC 8-23-11, or IC 36-1-12-3; and

(2) be forwarded to the person who filed the complaint and the department not later than sixty (60) days after the hearing is conducted.

As added by P.L.12-1991, SEC.1.

 

IC 4-3-19-29Report; contents

     Sec. 29. The board shall submit a report to the governor and the legislative council before November 1 of each year. The report must include the findings and recommendations of the board. The report submitted to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.12-1991, SEC.1. Amended by P.L.28-2004, SEC.22.

 

IC 4-3-20Chapter 20. Repealed

Repealed by P.L.22-2005, SEC.51.

 

IC 4-3-21Chapter 21. Military Base Planning Council

 

           4-3-21-1"Council"
           4-3-21-2"Military base"
           4-3-21-3Council established
           4-3-21-4Council membership
           4-3-21-5Council per diem and travel expenses
           4-3-21-6Council chairperson
           4-3-21-7Council meetings
           4-3-21-8Council staff
           4-3-21-9Legislators; nonvoting members
           4-3-21-10Council action
           4-3-21-11Council duties
           4-3-21-12Council report

 

IC 4-3-21-1"Council"

     Sec. 1. As used in this chapter, "council" refers to the military base planning council established by section 3 of this chapter.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-2"Military base"

     Sec. 2. As used in this chapter, "military base" means a United States or an Indiana government military installation that:

(1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devices and ordnance;

(2) has an area of at least nine hundred (900) acres and serves as an urban training center for military units, civilian personnel, and first responders; or

(3) has an area of at least five thousand (5,000) acres and serves as a joint training center for active and reserve components of the armed forces of the United States.

As added by P.L.5-2005, SEC.1. Amended by P.L.180-2006, SEC.1.

 

IC 4-3-21-3Council established

     Sec. 3. The military base planning council is established.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-4Council membership

     Sec. 4. The council consists of the following members:

(1) Each member of the house of representatives whose house district includes all or part of a county that contains any part of a military base.

(2) Each member of the senate whose senate district includes all or part of a county that contains any part of a military base.

(3) The lieutenant governor or the lieutenant governor's designee.

(4) The adjutant general or the adjutant general's designee.

(5) The commissioner of the department of environmental management or the commissioner's designee.

(6) The commissioner of the Indiana department of transportation or the commissioner's designee.

(7) The executive director of the department of homeland security or the executive director's designee.

(8) The commissioner of the department of workforce development or the commissioner's designee.

(9) The president of the Indiana economic development corporation or the president's designee.

(10) The director of the Indiana office of defense development.

(11) The following local government representatives:

(A) One (1) member of the county executive of each county that contains all or part of a military base, appointed by the county executive.

(B) One (1) member of the county fiscal body of each county that contains all or part of a military base, appointed by the county fiscal body.

(C) One (1) member:

(i) who is the executive of the municipality having the largest population in each county that contains all or part of a military base if that municipality is a city; or

(ii) who is appointed from the membership of the fiscal body of that town, if a town is the municipality having the largest population in the county.

(D) One (1) member of the legislative body of the municipality having the largest population in each county that contains a military base, appointed by the legislative body of that municipality.

(E) One (1) member of the county executive of each county listed in IC 36-7-30.5-10(4) through IC 36-7-30.5-10(6), appointed by the county executive.

As added by P.L.5-2005, SEC.1. Amended by P.L.180-2006, SEC.2; P.L.34-2013, SEC.1.

 

IC 4-3-21-5Council per diem and travel expenses

     Sec. 5. (a) Each member of the council who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (b) Each member of the council who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (c) Each member of the council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-6Council chairperson

     Sec. 6. The governor shall designate a member of the council to serve as chairperson of the council.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-7Council meetings

     Sec. 7. The council shall meet at the call of the chairperson.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-8Council staff

     Sec. 8. The governor shall provide staff assistance as the council may require.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-9Legislators; nonvoting members

     Sec. 9. A member of the council who is a member of the general assembly is a nonvoting member.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-10Council action

     Sec. 10. The affirmative votes of a majority of the voting members of the council are required for the council to take action on any measure, including reports required in section 12 of this chapter.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-21-11Council duties

     Sec. 11. The council shall do the following:

(1) Identify the public infrastructure and other community support necessary:

(A) to improve mission efficiencies; and

(B) for the development and expansion;

of military bases in Indiana.

(2) Identify existing and potential impacts of encroachment on military bases in Indiana.

(3) Identify potential state and local government actions that can:

(A) minimize the impacts of encroachment on; and

(B) enhance the long term potential of;

military bases.

(4) Identify opportunities for collaboration among:

(A) the state, including the military department of the state;

(B) political subdivisions;

(C) military contractors; and

(D) academic institutions;

to enhance the economic potential of military bases and the economic benefits of military bases to the state.

(5) Review state policies, including funding and legislation, to identify actions necessary to prepare for the United States Department of Defense Efficient Facilities Initiative scheduled to begin in 2005.

(6) Study how governmental entities outside Indiana have addressed issues regarding encroachment and partnership formation described in this section.

(7) With respect to a multicounty federal military base under IC 36-7-30.5:

(A) vote to require the establishment of the development authority under IC 36-7-30.5, if necessary; and

(B) advise and submit recommendations to a development authority board appointed under IC 36-7-30.5.

As added by P.L.5-2005, SEC.1. Amended by P.L.203-2005, SEC.1.

 

IC 4-3-21-12Council report

     Sec. 12. The council shall submit a report to the:

(1) governor; and

(2) legislative services agency;

not later than July 1 of each year. The report submitted to the legislative services agency must be in an electronic format under IC 5-14-6.

As added by P.L.5-2005, SEC.1.

 

IC 4-3-22Chapter 22. Office of Management and Budget

 

           4-3-22-1Legislative findings
           4-3-22-1.5"Continuous process improvement"
           4-3-22-2"Director"
           4-3-22-3Establishment of office; director
           4-3-22-4Responsibilities and authority of budget director
           4-3-22-5OMB director as budget director
           4-3-22-6Repealed
           4-3-22-7Duties; fiscal management
           4-3-22-8Duties; review and development of policies and proposals
           4-3-22-9Duties; coordination of administrative policies
           4-3-22-10Duties; budget decision making and negotiations
           4-3-22-11Duties; analysis of budgets; trends
           4-3-22-12Duties; metrics for measuring performance and efficiency
           4-3-22-13Duties; cost benefit analysis for proposed rules; verified data; confidentiality; analysis prohibited for adoptions of federal law and technical amendments
           4-3-22-13.1Repealed
           4-3-22-14Agencies and instrumentalities; required compliance and cooperation
           4-3-22-15Agencies; accountability; compliance with statutory requirements
           4-3-22-16Repealed
           4-3-22-17Expired
           4-3-22-18Center for deaf and hard of hearing education; determination of appropriate agency
           4-3-22-18.2Duties; OPEB reports
           4-3-22-19Duties; annual report concerning political subdivision retirement plans

 

IC 4-3-22-1Legislative findings

     Sec. 1. The state will benefit from devoting adequate resources to do the following:

(1) Gather and coordinate data in a timely manner.

(2) Perform comprehensive and detailed budgeting analysis.

(3) Put in place comprehensive and effective budgeting practices.

(4) Coordinate all functions related to budgeting and controlling spending in state government.

(5) Perform comprehensive and detailed financial analysis.

(6) Perform comprehensive financial oversight.

(7) Ensure that effective financial management policies are implemented throughout state government.

(8) Perform comprehensive and detailed performance analysis.

(9) Ascertain whether the burdens imposed by laws and rules are justified by their benefits using a rigorous cost benefit analysis.

(10) Measure the performance of government activities.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-1.5"Continuous process improvement"

     Sec. 1.5. As used in this chapter, "continuous process improvement" means a management methodology that combines tools to improve process speed and reduce waste with data driven project analysis to provide products and services with improved quality at lower cost.

As added by P.L.152-2012, SEC.2.

 

IC 4-3-22-2"Director"

     Sec. 2. As used in this chapter, "director" means the director of the office of management and budget established by this chapter.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-3Establishment of office; director

     Sec. 3. (a) To address the needs set forth in section 1 of this chapter, there is established the office of management and budget, which is referred to in this chapter as the "OMB".

     (b) The OMB shall have a director who is the chief financial officer of the state. The director shall report directly to the governor.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-4Responsibilities and authority of budget director

     Sec. 4. The director is responsible and accountable for and has authority over the following:

(1) All functions performed by the following:

(A) The budget agency.

(B) The department of state revenue.

(C) The department of local government finance.

(D) The Indiana finance authority.

(E) The office of state based initiatives.

(F) The management performance hub.

The directors of these agencies, departments, and offices shall report to the director and administer their offices and agencies in compliance with the policies and procedures related to fiscal management that are established by the OMB and approved by the governor.

(2) All budgeting, accounting, and spending functions within the various agencies, departments, and programs of state government.

As added by P.L.246-2005, SEC.38. Amended by P.L.213-2015, SEC.37; P.L.269-2017, SEC.3.

 

IC 4-3-22-5OMB director as budget director

     Sec. 5. The director may serve as the budget director of the budget agency under IC 4-12-1-3 unless the governor appoints another individual to serve as the budget director. If the director also serves as the budget director, the director is not entitled to receive any salary or other compensation as budget director.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-6Repealed

As added by P.L.246-2005, SEC.38. Amended by P.L.152-2012, SEC.3. Repealed by P.L.269-2017, SEC.4.

 

IC 4-3-22-7Duties; fiscal management

     Sec. 7. The OMB shall assist the governor in the articulation, development, and execution of the governor's policies and programs on fiscal management.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-8Duties; review and development of policies and proposals

     Sec. 8. The OMB shall assist and represent the governor in the development and review of all policy, legislative, and rulemaking proposals affecting capital budgeting, procurement, e-government, and other matters related to fiscal management.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-9Duties; coordination of administrative policies

     Sec. 9. The OMB shall harmonize agency views on legislation and facilitate the negotiation of policy positions for the governor.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-10Duties; budget decision making and negotiations

     Sec. 10. The OMB shall provide expertise to the governor for budget decision making and negotiations.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-11Duties; analysis of budgets; trends

     Sec. 11. The OMB shall analyze trends in and the consequences of aggregate budget policy.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-12Duties; metrics for measuring performance and efficiency

     Sec. 12. The OMB shall establish metrics for measuring state government performance and efficiency.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-13Duties; cost benefit analysis for proposed rules; verified data; confidentiality; analysis prohibited for adoptions of federal law and technical amendments

     Sec. 13. (a) Except as provided in subsection (e), the OMB shall perform a cost benefit analysis upon each proposed rule and provide to:

(1) the governor; and

(2) the legislative council;

an assessment of the rule's effect on Indiana business. The OMB shall submit the cost benefit analysis to the legislative council in an electronic format under IC 5-14-6.

     (b) After June 30, 2005, the cost benefit analysis performed by the OMB under this section with respect to any proposed rule that has an impact of at least five hundred thousand dollars ($500,000) shall replace and be used for all purposes under IC 4-22-2 in lieu of the fiscal analysis previously performed by the legislative services agency under IC 4-22-2.

     (c) In preparing a cost benefit analysis under this section, the OMB shall consider in its analysis any verified data provided voluntarily by interested parties, regulated persons, and nonprofit corporations whose members may be affected by the proposed rule. A cost benefit analysis prepared under this section is a public document, subject to the following:

(1) This subsection does not empower the OMB or an agency to require an interested party or a regulated person to provide any materials, documents, or other information in connection with a cost benefit analysis under this section. If an interested party or a regulated person voluntarily provides materials, documents, or other information to the OMB or an agency in connection with a cost benefit analysis under this section, the OMB or the agency, as applicable, shall ensure the adequate protection of any:

(A) information that is confidential under IC 5-14-3-4; or

(B) confidential and proprietary business plans and other confidential information.

If an agency has adopted rules to implement IC 5-14-3-4, interested parties and regulated persons must submit the information in accordance with the confidentiality rules adopted by the agency to ensure proper processing of confidentiality claims. The OMB and any agency involved in proposing the rule, or in administering the rule upon the rule's adoption, shall exercise all necessary caution to avoid disclosure of any confidential information supplied to the OMB or the agency by an interested party or a regulated person.

(2) The OMB shall make the cost benefit analysis and other related public documents available to interested parties, regulated persons, and nonprofit corporations whose members may be affected by the proposed rule at least thirty (30) days before presenting the cost benefit analysis to the governor and the legislative council under subsection (a).

     (d) If the OMB or an agency is unable to obtain verified data for the cost benefit analysis described in subsection (c), the OMB shall state in the cost benefit analysis which data were unavailable for purposes of the cost benefit analysis.

     (e) If the OMB finds that a proposed rule is:

(1) an adoption or incorporation by reference of a federal law, regulation, or rule that has no substantive effect on the scope or intended application of the federal law or rule; or

(2) a technical amendment with no substantive effect on an existing Indiana rule;

the OMB may not prepare a cost benefit analysis of the rule under this section. The agency shall submit the proposed rule to the OMB with a statement explaining how the proposed rule meets the requirements of this subsection. If the OMB finds that the rule meets the requirements of this subsection, the OMB shall provide its findings to the governor and to the legislative council in an electronic format under IC 5-14-6. If the agency amends or modifies the proposed rule after the OMB finds that a cost benefit analysis may not be prepared for the rule, the agency shall resubmit the proposed rule to the OMB either for a new determination that the rule meets the requirements of this subsection, or for the OMB to prepare a cost benefit analysis of the rule under this section.

As added by P.L.246-2005, SEC.38. Amended by P.L.131-2012, SEC.1; P.L.53-2014, SEC.49; P.L.5-2015, SEC.3.

 

IC 4-3-22-13.1Repealed

As added by P.L.131-2012, SEC.2. Amended by P.L.53-2014, SEC.50; P.L.5-2015, SEC.4. Repealed by P.L.130-2018, SEC.2.

 

IC 4-3-22-14Agencies and instrumentalities; required compliance and cooperation

     Sec. 14. All instrumentalities, agencies, authorities, boards, commissions, and officers of the executive, including the administrative, department of state government, and all bodies corporate and politic established as instrumentalities of the state shall:

(1) comply with the policies and procedures related to fiscal management that are established by the OMB and approved by the governor; and

(2) cooperate with and provide assistance to the OMB.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-15Agencies; accountability; compliance with statutory requirements

     Sec. 15. All state agencies (as defined in IC 4-12-1-2) shall, in addition to complying with all statutory duties applicable to state purchasing, be accountable to the OMB for adherence to policies, procedures, and spending controls established by the OMB and approved by the governor.

As added by P.L.246-2005, SEC.38.

 

IC 4-3-22-16Repealed

As added by P.L.137-2006, SEC.2. Amended by P.L.110-2010, SEC.1; P.L.187-2014, SEC.1; P.L.237-2017, SEC.1. Repealed by P.L.130-2018, SEC.3.

 

IC 4-3-22-17Expired

As added by P.L.171-2011, SEC.1. Expired 7-1-2013 by P.L.171-2011, SEC.1.

 

IC 4-3-22-18Center for deaf and hard of hearing education; determination of appropriate agency

     Sec. 18. Before July 1, 2013, the office of management and budget, in consultation with the Indiana School for the Deaf, the department of education, the state department of health, and the office of the secretary of family and social services, shall recommend to the general assembly through the budget process an appropriate agency to provide office space and staff support for the center for deaf and hard of hearing education established under IC 20-35-11. Until the center for deaf and hard of hearing education is established and operating, the Indiana School for the Deaf shall continue to provide those services that will be transferred from the Indiana School for the Deaf to the center for deaf and hard of hearing education or local education agencies at the time the center is established and operating.

As added by P.L.109-2012, SEC.1.

 

IC 4-3-22-18.2Duties; OPEB reports

     Sec. 18.2. The OMB shall, not later than December 1 each year, submit to the budget committee the following reports concerning post-employment benefits (as defined in IC 5-10-16-5):

(1) The report prepared by the OMB for state agencies under IC 5-10-16-7.

(2) Reports received from state educational institutions under IC 21-38-3-13.

As added by P.L.138-2012, SEC.1.

 

IC 4-3-22-19Duties; annual report concerning political subdivision retirement plans

     Sec. 19. The OMB shall, not later than October 1 each year, submit to the interim study committee on pension management oversight a written report that summarizes and analyzes the retirement plan information received for the immediately preceding state fiscal year under IC 5-11-20. The report must be in an electronic format under IC 5-14-6.

As added by P.L.241-2015, SEC.1.

 

IC 4-3-23Chapter 23. Indiana Office of Energy Development

 

           4-3-23-1"Director"
           4-3-23-2"Office"
           4-3-23-3Indiana office of energy development
           4-3-23-4Duties
           4-3-23-5Programs administered
           4-3-23-6Collaboration with the office of lieutenant governor
           4-3-23-7Adoption of rules
           4-3-23-8Transfer of duties and liability

 

IC 4-3-23-1"Director"

     Sec. 1. As used in this chapter, "director" means the director of the office.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-2"Office"

     Sec. 2. As used in this chapter, "office" refers to the Indiana office of energy development established by section 3 of this chapter.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-3Indiana office of energy development

     Sec. 3. (a) The Indiana office of energy development is established to develop and implement a comprehensive energy policy for the state.

     (b) The governor shall appoint the director of the office. The director is the chief energy officer of the state and shall report directly to the governor.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-4Duties

     Sec. 4. The office shall carry out the duties relating to energy policy that were carried out by the following:

(1) The department of commerce (before its abolishment in 2005).

(2) The office of the lieutenant governor under IC 4-4-2.4 (before its repeal).

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-5Programs administered

     Sec. 5. The office shall administer the following:

(1) The alternative fuel fueling station grant program under IC 4-4-32.2.

(2) The alternative fuel vehicle grant program for local units under IC 4-4-32.3.

(3) The energy development fund under IC 4-23-5.5-10.

(4) A low interest revolving loan program for certain energy efficiency or recycling projects, in consultation with the Indiana recycling market development board.

(5) The coal research grant fund under IC 4-23-5.5-16.

(6) The green industries fund under IC 5-28-34, in consultation with the Indiana economic development corporation.

(7) The office of alternative energy incentives established by IC 8-1-13.1-9 and the alternative energy incentive fund established by IC 8-1-13.1-10.

(8) The center for coal technology research established by IC 21-47-4-1 and the coal technology research fund established by IC 21-47-4-5.

As added by P.L.34-2013, SEC.2. Amended by P.L.109-2015, SEC.4.

 

IC 4-3-23-6Collaboration with the office of lieutenant governor

     Sec. 6. The office shall collaborate with the office of the lieutenant governor regarding the following programs:

(1) Home energy assistance programs, including the Low Income Home Energy Assistance Block Grant under 42 U.S.C. 8621 et seq.

(2) Weatherization programs, including weatherization programs and money received under 42 U.S.C. 6851 et seq.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-7Adoption of rules

     Sec. 7. The office may adopt rules under IC 4-22-2 to carry out its responsibilities under this chapter.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-23-8Transfer of duties and liability

     Sec. 8. (a) All powers, duties, liabilities, records, property, appropriations, and employees of the lieutenant governor as of June 30, 2013, that are related to energy or energy development, including the center for coal technology research, are transferred to the office as the successor office.

     (b) Rules of the office of the lieutenant governor related to energy or energy development that were adopted before July 1, 2013, are transferred to the office and shall be treated after June 30, 2013, as though they had been adopted by the office.

As added by P.L.34-2013, SEC.2.

 

IC 4-3-24Chapter 24. Office of State Based Initiatives

 

           4-3-24-1"Office"
           4-3-24-2"State agency"
           4-3-24-3Office established; appointment of director
           4-3-24-4Duties of the office
           4-3-24-5State agency participation in federal grant opportunities
           4-3-24-6State agency block grant contingency plans; submission and updating of plans
           4-3-24-7Annual report
           4-3-24-8Single point of contact for review and coordination of proposed federal assistance and development

 

IC 4-3-24-1"Office"

     Sec. 1. As used in this chapter, "office" means the office of state based initiatives established by section 3 of this chapter.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-2"State agency"

     Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-13-1-1.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-3Office established; appointment of director

     Sec. 3. (a) The Indiana office of state based initiatives is established.

     (b) The governor shall appoint the director of the office.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-4Duties of the office

     Sec. 4. In coordination with state agencies, the office shall:

(1) review the state's federal grant opportunities; and

(2) subject each federal grant opportunity to a cost-benefit analysis that will measure the fiscal impact and regulatory impact of the grant to determine whether or not the federal grant opportunity should be pursued.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-5State agency participation in federal grant opportunities

     Sec. 5. A state agency may not participate in a federal grant opportunity unless the state agency has received approval to do so from the office.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-6State agency block grant contingency plans; submission and updating of plans

     Sec. 6. (a) A state agency that receives federal funds must develop, in coordination with the office, a block grant contingency plan that does at least the following:

(1) Evaluates whether and how Indiana could use federal funds more effectively without federal constraints, including an evaluation of opportunities for interagency collaboration.

(2) Identifies specific action items that are significant in solving issues caused by federal mandates and regulations.

     (b) A state agency subject to subsection (a) must:

(1) submit a block grant contingency plan to the office before November 1, 2015, and before November 1 of each odd-numbered year thereafter; and

(2) update the block grant contingency plan regularly and provide any updates to the office.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-7Annual report

     Sec. 7. (a) The office shall before January 1 of each year publish an annual report that includes the following:

(1) A state block grant contingency plan that incorporates each state agency's block grant contingency plan and related findings by the office. The state block grant contingency plan must include options for coordination among state agencies to address issues caused by federal mandates and regulations.

(2) A study of the current impact and projected future impact of federal mandates and regulations on Indiana. The study shall be prepared by studying the data, surveying businesses, and speaking with citizens of Indiana.

     (b) The office shall submit the annual report and any other published reports of the office and any findings of the office to the governor, to the members of the United States Congress representing Indiana, and (in an electronic format under IC 5-14-6) to the legislative council.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-24-8Single point of contact for review and coordination of proposed federal assistance and development

     Sec. 8. In accordance with federal law, the office shall serve as the state's single point of contact to review and coordinate proposed federal financial assistance and direct federal development.

As added by P.L.213-2015, SEC.38.

 

IC 4-3-25Chapter 25. Indiana Commission to Combat Drug Abuse

 

           4-3-25-1"Commission"
           4-3-25-2"State agency"
           4-3-25-3Commission to combat drug abuse, established
           4-3-25-4Membership
           4-3-25-5Chairperson; vice chairperson
           4-3-25-6Member removal; vacancies
           4-3-25-7Member reimbursement
           4-3-25-8Voting
           4-3-25-9Meeting frequency
           4-3-25-10Staff support
           4-3-25-11Working groups
           4-3-25-12Duties
           4-3-25-13Requests for information and data; grants to the law enforcement training board
           4-3-25-14Annual report
           4-3-25-15Responsibilities of criminal justice institute executive director

 

IC 4-3-25-1"Commission"

     Sec. 1. As used in this chapter, "commission" refers to the Indiana commission to combat drug abuse established by section 3 of this chapter.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-2"State agency"

     Sec. 2. As used in this chapter, "state agency" means an administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of state government created or established under law.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-3Commission to combat drug abuse, established

     Sec. 3. The Indiana commission to combat drug abuse is established.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-4Membership

     Sec. 4. The commission consists of the following twenty (20) members:

(1) A member of the governor's staff appointed by the governor.

(2) An appellate or trial court judge appointed by the chief justice of the supreme court to serve on the commission for a term of four (4) years.

(3) One (1) legislative member appointed by the president pro tempore of the senate.

(4) One (1) legislative member appointed by the minority leader of the senate.

(5) One (1) legislative member appointed by the speaker of the house of representatives.

(6) One (1) legislative member appointed by the minority leader of the house of representatives.

(7) The superintendent of public instruction.

(8) The director of the department of child services.

(9) The executive director of the Indiana prosecuting attorneys council.

(10) The executive director of the public defender council of Indiana.

(11) The secretary of family and social services.

(12) The state health commissioner.

(13) The commissioner of the department of correction.

(14) The superintendent of the state police department.

(15) The director of the office of management and budget or the budget director, as selected by the governor.

(16) The executive director of the Indiana criminal justice institute.

(17) The executive director of the professional licensing agency.

(18) The attorney general, who shall serve as a nonvoting member.

(19) One (1) member at large appointed by the governor.

(20) The executive director of the Indiana housing and community development authority.

As added by P.L.7-2016, SEC.1. Amended by P.L.205-2017, SEC.1.

 

IC 4-3-25-5Chairperson; vice chairperson

     Sec. 5. (a) The member of the governor's staff appointed under section 4(1) of this chapter shall serve as the chairperson of the commission. The chairperson shall determine the agenda for the commission.

     (b) The member at large appointed under section 4(19) of this chapter shall serve as vice chairperson of the commission. The chairperson shall determine the duties of the vice chairperson.

As added by P.L.7-2016, SEC.1. Amended by P.L.205-2017, SEC.2.

 

IC 4-3-25-6Member removal; vacancies

     Sec. 6. (a) A legislative member of the commission may be removed at any time by the appointing authority who appointed the legislative member.

     (b) If a vacancy exists on the commission, the appointing authority who appointed the member whose position has become vacant shall appoint an individual to fill the vacancy.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-7Member reimbursement

     Sec. 7. (a) Each member of the commission who is not a state employee is not entitled to the minimum salary per diem provided under IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (b) Each member of the commission who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (c) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-8Voting

     Sec. 8. The affirmative votes of a majority of the voting members appointed to the commission are required for the commission to take action on any measure, including final reports.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-9Meeting frequency

     Sec. 9. The commission shall meet at least four (4) times in a calendar year.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-10Staff support

     Sec. 10. The criminal justice institute shall provide staff support for the commission.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-11Working groups

     Sec. 11. To address specific issues, the commission may establish working groups consisting of individuals appointed by the chairperson. The chairperson may appoint individuals who are not members of the commission, including lay members and subject matter experts, to a working group. Section 7 of this chapter applies to a member of a working group regardless of whether the member is also a member of the commission.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-12Duties

     Sec. 12. The commission shall do the following:

(1) Identify ways for state agencies to coordinate with each other on substance abuse prevention, treatment, and enforcement programming and funding.

(2) Promote information sharing throughout Indiana concerning substance abuse prevention, treatment, and enforcement.

(3) Promote best practices concerning substance abuse prevention, treatment, and enforcement.

(4) Cooperate with other commissions, governmental entities, and stakeholders engaged in substance abuse prevention, treatment, and enforcement.

(5) Study local programs that have been proven to be effective in addressing substance abuse.

(6) Seek guidance from local coordinating councils to identify substance abuse issues in local communities and evaluate the resources available to address local needs.

(7) Study and evaluate the following concerning substance abuse treatment and prevention services in Indiana:

(A) The availability of and access to the services.

(B) The duplication of services, if any.

(C) Funding of the services.

(D) Barriers to obtaining the services.

(8) Coordinate the collection of data concerning substance abuse and the needs, programming, and effectiveness of state supported substance abuse treatment and prevention services.

(9) Recommend to the executive director of the Indiana criminal justice institute roles, responsibilities, and performance standards for local coordinating councils.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-13Requests for information and data; grants to the law enforcement training board

     Sec. 13. The commission may do the following:

(1) Request information or presentations from state agencies.

(2) Request and review outcome data from a state agency involved in the prevention and treatment of substance abuse.

(3) Request information from experts concerning substance abuse.

(4) Make grants to the law enforcement training board created by IC 5-2-1-3 to carry out the purposes of the technical assistance center described in IC 5-2-21.2-6.

As added by P.L.7-2016, SEC.1. Amended by P.L.102-2017, SEC.1.

 

IC 4-3-25-14Annual report

     Sec. 14. The commission shall submit a report not later than August 31 each year regarding the commission's work during the previous year. The report shall be submitted to the legislative council, the governor, and the chief justice of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-25-15Responsibilities of criminal justice institute executive director

     Sec. 15. The executive director of the Indiana criminal justice institute is responsible for the following:

(1) Implementing the commission's recommendations concerning local coordinating councils.

(2) Maintaining a system to provide technical assistance, guidance, and funding support to local coordinating councils.

(3) Assisting in the development of local coordinating councils to identify community drug programs, coordinate community initiatives, design comprehensive, collaborative community strategies, and monitor local antidrug activities.

(4) Approving comprehensive drug free community plans and funding requests submitted by local coordinating councils.

(5) Providing quarterly reports to the commission on the comprehensive drug free community plans.

As added by P.L.7-2016, SEC.1.

 

IC 4-3-26Chapter 26. Indiana Management Performance Hub

 

           4-3-26-1"Continuous process improvement"
           4-3-26-2"Executive state agency"
           4-3-26-3"MPH"
           4-3-26-4"OMB"
           4-3-26-5"Person"
           4-3-26-6"Political subdivision"
           4-3-26-7"Government information"
           4-3-26-8MPH established
           4-3-26-9Chief data officer duties
           4-3-26-10MPH duties
           4-3-26-11Executive state agency duties
           4-3-26-12Title to government information
           4-3-26-13MPH agent of executive state agency
           4-3-26-14Prescribed form for data sharing
           4-3-26-15Electronically recorded information; MPH powers; title to information
           4-3-26-16Expired

 

IC 4-3-26-1"Continuous process improvement"

     Sec. 1. As used in this chapter, "continuous process improvement" means a management methodology that combines tools to improve process speed and reduce waste with data driven project analysis to provide products and services with improved quality at lower cost.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-2"Executive state agency"

     Sec. 2. (a) As used in this chapter, "executive state agency" refers to any agency, authority, board, bureau, commission, department, division, office, or other unit of state government in the executive, including the administrative, department of state government established by any of the following:

(1) The Constitution of the State of Indiana.

(2) An Indiana statute.

(3) An administrative rule.

(4) An executive order.

     (b) The term does not include the following:

(1) The legislative department of state government.

(2) The judicial department of state government.

(3) The Indiana finance authority established by IC 5-1.2-3-1.

(4) A political subdivision.

(5) A state educational institution.

As added by P.L.269-2017, SEC.5. Amended by P.L.189-2018, SEC.1.

 

IC 4-3-26-3"MPH"

     Sec. 3. As used in this chapter, "MPH" refers to the management performance hub established by section 8 of this chapter.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-4"OMB"

     Sec. 4. As used in this chapter, "OMB" refers to the office of management and budget established by IC 4-3-22-3.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-5"Person"

     Sec. 5. As used in this chapter, "person" has the meaning set forth in IC 5-22-2-20.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-6"Political subdivision"

     Sec. 6. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-7"Government information"

     Sec. 7. As used in this chapter, "government information" refers to any information created, received, maintained, or stored by or otherwise in the control of a governmental entity, regardless of the form or the media on which the information is recorded. The term does not include any of the following:

(1) The investigative records of law enforcement agencies that employ the law enforcement officers listed in IC 35-31.5-2-185.

(2) The confidential advisory opinions requested or given by the office of the inspector general.

(3) Other information made confidential by IC 4-2-6, IC 4-2-7, IC 5-2-4, IC 31-33-18, IC 9-32-16-1, IC 10-13-3, 26 CFR 20, or 28 CFR 23.

(4) Confidential investigative records related to an investigation under IC 4-31, IC 4-33, or IC 4-35 and any other information classified as confidential under IC 4-31, IC 4-33, or IC 4-35.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-8MPH established

     Sec. 8. The management performance hub is established within the OMB.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-9Chief data officer duties

     Sec. 9. (a) The governor shall appoint a chief data officer, who serves at the pleasure of the governor.

     (b) The chief data officer shall do the following:

(1) Serve as the executive head of the MPH.

(2) Advise executive state agencies and political subdivisions regarding state best practices concerning the creation and maintenance of data.

(3) Coordinate data analytics and transparency master planning for the executive state agencies and provide leadership regarding state data analytics and transparency.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-10MPH duties

     Sec. 10. The MPH shall do the following:

(1) Establish and maintain a program to collect, analyze, and exchange government information in carrying out the powers and duties of the OMB and the powers and duties of the executive state agency sharing the data. In carrying out this program, the MPH may, in accordance with IC 4-1-6, obtain government information from each executive state agency.

(2) In accordance with IC 4-1-6 and IC 5-14-3, establish and maintain a program to make government information available to executive state agencies, political subdivisions, educational institutions, researchers, nongovernmental organizations, and the general public, subject to the following:

(A) A request for data subject to IC 4-1-6-8.6 shall be made in conformance with that section.

(B) A program established and maintained under this chapter must include policies governing access to government information held by the MPH under this chapter. Government information may be made available only in accordance with applicable confidentiality and disclosure laws.

(3) Establish privacy and quality policies for government information that comply with all applicable Indiana and federal laws, rules, and policies.

(4) In accordance with standards developed by the office of technology established by IC 4-13.1-2-1, establish and maintain a program to ensure the security of government information under this chapter.

(5) Conduct operational and procedural audits of executive state agencies.

(6) Perform financial planning and design and implement efficiency projects for executive state agencies.

(7) Advise and assist each executive state agency to identify and implement continuous process improvement in state government.

(8) Carry out such other responsibilities as may be designated by the director of the OMB or the chief data officer to carry out the responsibilities of the OMB or the chief data officer.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-11Executive state agency duties

     Sec. 11. Each executive state agency shall do the following:

(1) In a manner determined by the MPH, make available to the MPH the government information the MPH requires under this chapter in a nonproprietary format.

(2) As requested by the MPH, make available personnel with technical expertise to facilitate sharing of government information.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-12Title to government information

     Sec. 12. (a) Title to any government information that is obtained by the MPH under section 11 of this chapter and that is unchanged by the MPH remains with the executive state agency sharing the government information, including an executive state agency's sole authority to license use of government information.

     (b) Title to government information that is obtained by the MPH under section 11 of this chapter and that the MPH has changed in a substantive manner is vested in the MPH.

     (c) Requests made in accordance with IC 5-14-3 for government information to which the MPH does not have title must be directed to the executive state agency sharing the government information. The MPH may not fulfill such a request.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-13MPH agent of executive state agency

     Sec. 13. The MPH is considered to be an agent of the executive state agency sharing government information and is an authorized receiver of government information under the statutory or administrative law that governs the government information. Interagency data sharing under this chapter does not constitute a disclosure or release under any statutory or administrative law that governs the government information.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-14Prescribed form for data sharing

     Sec. 14. (a) The MPH shall prescribe a form to be used to memorialize the sharing of data under this chapter.

     (b) The form prescribed under subsection (a) must be:

(1) completed by the executive state agency or person described in section 15 of this chapter; and

(2) signed by the administrative head of the executive state agency or person.

     (c) A data sharing form completed and signed under subsection (b) constitutes the agreement required by any statutory or administrative law that governs the data. No additional documentation may be required to share data under this chapter.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-15Electronically recorded information; MPH powers; title to information

     Sec. 15. The MPH may accept electronically recorded information from any person. The MPH may analyze and exchange electronically recorded information in carrying out the powers and duties of the OMB and the powers and duties of the entity sharing the electronically recorded information. Title to any electronically recorded information received by the MPH under this section is vested in the MPH.

As added by P.L.269-2017, SEC.5.

 

IC 4-3-26-16Expired

As added by P.L.269-2017, SEC.5. Expired 1-1-2018 by P.L.269-2017, SEC.5.

 

IC 4-3-27Chapter 27. Governor's Workforce Cabinet

 

           4-3-27-1"Applicable federal program"
           4-3-27-2"Cabinet"
           4-3-27-3Cabinet established; purposes and duties
           4-3-27-4Designation as state advisory body for certain federal laws
           4-3-27-5Cabinet membership
           4-3-27-6Terms of office; vacancies
           4-3-27-7Authority to employ personnel and contract for services; financial oversight
           4-3-27-8Member per diem and reimbursement of expenses
           4-3-27-9Bylaws and rules; advisory committees
           4-3-27-10Certification to federal officials of cabinet establishment and membership
           4-3-27-11Development of comprehensive career navigation and coaching system
           4-3-27-12Review, analysis, and evaluation of workforce related programs
           4-3-27-13College and career funding review
           4-3-27-14Study of real world career readiness programs

 

IC 4-3-27-1"Applicable federal program"

     Sec. 1. As used in this chapter, "applicable federal program" refers to the federal human resource programs for which the cabinet has authority to make recommendations as listed in section 4 of this chapter.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-2"Cabinet"

     Sec. 2. As used in this chapter, "cabinet" refers to the governor's workforce cabinet established by section 3 of this chapter.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-3Cabinet established; purposes and duties

     Sec. 3. The governor's workforce cabinet is established under the applicable state and federal programs to do the following:

(1) Review the services and use of funds and resources under applicable state and federal programs and advise the governor on methods of coordinating the services and use of funds and resources consistent with the laws and regulations governing the particular applicable state and federal programs.

(2) Advise the governor on:

(A) the development and implementation of state and local standards and measures; and

(B) the coordination of the standards and measures;

concerning the applicable federal programs.

(3) Perform the duties as set forth in federal law of the particular advisory bodies for applicable federal programs described in section 4 of this chapter.

(4) Identify the workforce needs in Indiana and recommend to the governor goals to meet the investment needs.

(5) Recommend to the governor goals for the development and coordination of the talent development system in Indiana.

(6) Prepare and recommend to the governor a strategic plan to accomplish the goals developed under subdivisions (4) and (5).

(7) Monitor and direct the implementation of and evaluate the effectiveness of the strategic plan described in subdivision (6).

(8) Advise the governor on the coordination of federal, state, and local education and training programs and on the allocation of state and federal funds in Indiana to promote effective services, service delivery, and innovative programs.

(9) Review and approve regional workforce development board plans, and work with regional workforce development boards to determine appropriate metrics for workforce programming at the state and local levels.

(10) Design for implementation a comprehensive career navigation and coaching system as described in section 11 of this chapter.

(11) Conduct a systematic and comprehensive review, analysis, and evaluation of workforce funding described in section 12 of this chapter.

(12) Conduct a systematic and comprehensive review, analysis, and evaluation of the college and career funding described in section 13 of this chapter.

(13) Based on the reviews in sections 12 and 13 of this chapter, direct the appropriate state agencies to implement administrative changes to the delivery of these programs that align with Indiana's workforce goals, and make recommendations to the governor and the legislative council in an in electronic format under IC 5-14-6 on possible legislative changes in the future.

(14) Study the advisability of establishing one (1) or more real world career readiness programs as described in section 14 of this chapter and report to the governor and the legislative council in an electronic format under IC 5-14-6 concerning the results of the study.

(15) Carry out other policy duties and tasks as assigned by the governor.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-4Designation as state advisory body for certain federal laws

     Sec. 4. (a) The cabinet shall serve as the state advisory body required under the following federal laws:

(1) The Workforce Innovation and Opportunity Act of 2014 under 29 U.S.C. 3101 et seq., including reauthorizations of WIOA.

(2) The Wagner-Peyser Act under 29 U.S.C. 49 et seq.

(3) The Carl D. Perkins Vocational and Technical Education Improvement Act of 2006 under 20 U.S.C. 2301 et seq.

(4) The Adult Education and Family Literacy Act under 20 U.S.C. 9201 et seq.

     (b) In addition, the cabinet may be designated to serve as the state advisory body required under any of the following federal laws upon approval of the particular state agency directed to administer the particular federal law:

(1) The National and Community Service Act of 1990 under 42 U.S.C. 12501 et seq.

(2) Part A of Title IV of the Social Security Act under 42 U.S.C. 601 et seq.

(3) The employment and training programs established under the Food Stamp Act of 1977 under 7 U.S.C. 2011 et seq.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-5Cabinet membership

     Sec. 5. (a) The membership of the governor's workforce cabinet established under section 3 of this chapter consists of at least twenty-one (21) members as follows:

(1) A chairperson appointed by the governor.

(2) The secretary of career connections and talent.

(3) The commissioner of the department of workforce development.

(4) The president of the Indiana economic development corporation.

(5) The commissioner of the Indiana commission for higher education.

(6) The superintendent of public instruction.

(7) The president of Ivy Tech Community College.

(8) The president of Vincennes University.

(9) A member appointed by the governor who is an apprenticeship coordinator of a joint labor-management apprenticeship program approved by the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship.

(10) A member representing high school career and technical education directors appointed by the governor in consultation with the Indiana Association of Career and Technical Education Districts.

(11) A member representing manufacturing appointed by the governor in consultation with the Indiana Manufacturers Association.

(12) A member representing a minority business enterprise appointed by the governor.

(13) A member representing a women's business enterprise appointed by the governor.

(14) A member representing a veteran owned business appointed by the governor.

(15) A member representing the nonunion and construction trades appointed by the governor in consultation with the Associated Builders and Contractors, Inc., and the Indiana Builders Association.

(16) A business owner appointed by the governor in consultation with the Indiana Chamber of Commerce.

(17) A small business owner appointed by the governor in consultation with the National Federation of Independent Businesses.

(18) A member of a community-based organization appointed by the governor.

(19) Three (3) at-large business owners appointed by the governor, one (1) of whom is a business owner who employs less than fifty (50) employees.

(20) Any additional members designated and appointed by the governor.

     (b) The members appointed under subsection (a)(11) through (a)(19) must be geographically diverse.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-6Terms of office; vacancies

     Sec. 6. (a) The governor shall appoint members to the cabinet for two (2) year terms. The terms must be staggered so that the terms of half of the members expire each year.

     (b) The governor shall promptly make an appointment to fill any vacancy on the cabinet, but only for the duration of the unexpired term.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-7Authority to employ personnel and contract for services; financial oversight

     Sec. 7. (a) Except as provided in subsection (b) and subject to the approval of the chairperson, the state personnel department, and the budget agency, the cabinet may employ professional, technical, and clerical personnel necessary to carry out the duties imposed by this chapter using the following:

(1) Funds available under applicable federal and state programs.

(2) Appropriations by the general assembly for this purpose.

(3) Funds in the state technology advancement and retention account established by IC 4-12-12-1.

(4) Other funds (other than federal funds) available to the cabinet for this purpose.

     (b) The chairperson may contract for services necessary to implement this chapter.

     (c) The cabinet is subject to:

(1) the allotment system administered by the budget agency; and

(2) financial oversight by the office of management and budget.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-8Member per diem and reimbursement of expenses

     Sec. 8. (a) Any member of the cabinet who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (b) Any member of the cabinet who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (c) Any member of the cabinet who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-9Bylaws and rules; advisory committees

     Sec. 9. The cabinet shall adopt bylaws and rules governing the cabinet's organization and operation, including bylaws and rules governing the establishment of advisory committees considered necessary by the cabinet, scheduling of cabinet meetings, and other activities necessary to implement this chapter.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-10Certification to federal officials of cabinet establishment and membership

     Sec. 10. The state shall certify to:

(1) the United States Secretary of Labor the establishment and membership of the cabinet before the beginning of each period of two (2) program years for which a job training plan is submitted under this chapter; and

(2) any other appropriate United States Secretary charged with administering a particular applicable federal program the establishment and membership of the cabinet.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-11Development of comprehensive career navigation and coaching system

     Sec. 11. (a) As used in this section, "high school" means a high school (as defined in IC 20-18-2-7) that is:

(1) maintained by a school corporation;

(2) a charter school; or

(3) an accredited nonpublic school.

     (b) Not later than July 1, 2018, the cabinet shall develop a comprehensive career navigation and coaching system for Indiana that does both of the following:

(1) Provides timely, comprehensive, relevant, and useful information on careers, including at least:

(A) general and industry sector based regional, state, national, and global information to identify both immediate and potential career opportunities arising from:

(i) current employer needs;

(ii) developing or foreseeable talent needs and trends; and

(iii) other factors identified by the cabinet;

(B) state, regional, and local labor market supply and demand information from the department of workforce development, industry sectors, and other verifiable sources; and

(C) educational requirements and attainment information from employers, the department of workforce development, and other verifiable sources.

(2) Establishes strategies and identifies capacity to deliver career navigation and coaching to middle school, high school, postsecondary, and adult students, with priority being given to middle school and high school students, including at least:

(A) processes for identifying an individual's aptitude for and interest in, and the education and training required for, various career and employment opportunities;

(B) the use of career coaches and other coaching resources, including the work one system, employers, Ivy Tech Community College, Vincennes University, and other postsecondary educational institutions; and

(C) qualifications for career coaches and a training program to enable the career coaches to provide relevant information to the individuals being served.

     (c) All high schools in Indiana shall participate in the career coaching program developed under subsection (b)(2).

     (d) In developing the comprehensive career navigation and coaching system under subsection (b)(2), the cabinet shall:

(1) receive cooperation, support, and assistance from:

(A) the department of workforce development, the Indiana commission for higher education, and the department of education; and

(B) the resources, providers, and institutions that the departments and the commission listed in clause (A) use and oversee;

(2) explore approaches and models from Indiana and other states and countries;

(3) where appropriate, use pilot programs or other scaling approaches to develop and implement the comprehensive career navigation and coaching system in a cost effective and efficient manner; and

(4) work to coordinate and align resources to produce effective and efficient results to K-12 educational systems, postsecondary educational systems, the workforce development community, employers, community based organizations, and other entities.

     (e) The cabinet shall initially:

(1) focus on:

(A) students in, or of the age to be in, the last two (2) years of high school; and

(B) working age adults; and

(2) use, to the extent possible, the department of workforce development, the K-12 educational system, Ivy Tech Community College, Vincennes University, and other existing resources to implement the comprehensive career navigation and coaching system with a later expansion of the system, as appropriate, to all K-12 and postsecondary schools and institutions and their students.

     (f) Not later than July 30, 2018, the cabinet shall submit to the governor and the legislative council in an electronic format under IC 5-14-6 a progress report concerning the cabinet's activities through June 30, 2018, to develop the comprehensive career navigation and coaching system.

     (g) Not later than October 31, 2018, the cabinet shall submit to the governor and the legislative council in an electronic format under IC 5-14-6 operating and funding recommendations to implement the comprehensive career navigation and coaching system.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-12Review, analysis, and evaluation of workforce related programs

     Sec. 12. (a) As used in this section, "workforce related program" has the meaning set forth in IC 22-4.1-1-7.

     (b) The governor, general assembly, and cabinet intend that each workforce related program effectuates the purposes for which it was enacted and that the cost of workforce related programs should be included more readily in the biennial budgeting process.

     (c) To provide the information needed to make informed policy choices about the efficacy of each workforce related program, the cabinet shall conduct a regular review, analysis, and evaluation of all workforce related programs.

     (d) The review, analysis, and evaluation must include information about each workforce related program that is necessary to determine if the goals of the workforce related program are being achieved, which may include any of the following:

(1) The basic attributes and policy goals of the workforce related program, including the statutory and programmatic goals of the workforce related program, the original scope and purpose of the workforce related program, and how the scope or purpose has changed over time.

(2) The estimated cost to the state to administer the workforce related program.

(3) The workforce related program's equity, simplicity, competitiveness, public purpose, adequacy, and extent of conformance with the original purposes of the legislation enacting the workforce related program.

(4) The types of activities on which the workforce related program is based and how effective the workforce related program has been in promoting these targeted activities and in assisting participants in the workforce related program.

(5) The count of the following:

(A) Participants that enter the workforce related program.

(B) Participants that complete the workforce related program.

(C) Providers of the workforce related program.

(6) The dollar amount allotted for the workforce related program for the most recent state fiscal year.

(7) An estimate of the impact of the workforce related program, including the following:

(A) A return on investment calculation for the workforce related program. For purposes of this clause, "return on investment calculation" means analyzing the cost to the state of providing the workforce related program and analyzing the benefits realized by the participants in the workforce related program and to the state.

(B) A cost-benefit comparison among workforce related programs.

(C) An estimate of the number of jobs that were the direct result of the workforce related program.

(D) For the workforce related program, a statement by the chief executive officer of the state agency that administers the workforce related program as to whether the statutory and programmatic goals of the workforce related program are being met, with obstacles to these goals identified, if possible.

(8) The methodology and assumptions used in carrying out the reviews, analyses, and evaluations required under this section.

(9) An estimate of the extent to which benefits of the workforce related program remained in Indiana or flowed outside Indiana.

(10) Whether the effectiveness of the workforce related program could be determined more definitively if the general assembly were to clarify or modify the workforce related program's goals and intended purpose.

(11) Whether measuring the workforce related program's impact is significantly limited due to data constraints and whether any changes in statute would facilitate data collection in a way that would allow for better review, analysis, or evaluation.

(12) An estimate of the indirect economic benefit or activity stimulated by the workforce related program.

(13) Any additional review, analysis, or evaluation that the cabinet considers advisable, including comparisons with workforce related programs offered by other states if those comparisons would add value to the review, analysis, and evaluation.

     (e) The cabinet may request a state official or a state agency or a body corporate and politic to furnish information necessary to complete the workforce related program review, analysis, and evaluation required by this chapter. An official or entity presented with a request from the cabinet under this section shall cooperate with the cabinet in providing the requested information. An official or entity may require that the cabinet adhere to the provider's rules, if any, that concern the confidential nature of the information.

     (f) The cabinet shall, before October 1 of each year, submit a report to the governor, the legislative council in an electronic format under IC 5-14-6, and the interim study committee on fiscal policy established by IC 2-5-1.3-4 containing the results of the cabinet's review, analysis, and evaluation under this chapter. The report must include at least the following for each workforce related program reviewed:

(1) An explanation of the workforce related program.

(2) The history of the workforce related program.

(3) An estimate for each state fiscal year of the next biennial budget of the cost of the workforce related program.

(4) A detailed description of the review, analysis, and evaluation for the workforce related program.

(5) Information to be used by the governor and general assembly to determine whether the workforce related program should be continued, modified, or terminated, the basis for the recommendation, and the expected impact of the recommendation.

(6) Information to be used by the governor and general assembly to better align the workforce related program with the original intent of the legislation that enacted the workforce related program. The report required by this section must not disclose any proprietary or otherwise confidential information.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-13College and career funding review

     Sec. 13. (a) As used in this section, "Pell grant" means the federal financial aid program established by 20 U.S.C. 1070a.

     (b) The cabinet shall conduct a college and career funding review that includes the following:

(1) Study the requirements for awards, grants, or scholarships under the Pell grant program, the twenty-first century scholars program established under IC 21-12-6, the higher education award program, the freedom of choice award program, the federal Carl D. Perkins Vocational and Applied Technology Act, the federal Workforce Innovation and Opportunity Act, the federal Supplemental Educational Opportunity Grant program, state workforce development and training programs, and other federal or state college and career funding programs.

(2) Review the postsecondary courses of study for which funding described in subdivision (1) may be awarded.

(3) Determine whether the courses of study for which funding described in subdivision (1) may be awarded include programs that award diplomas, technical certificates, industry recognized certifications, credentials, or degrees other than a baccalaureate degree.

(4) Study policies and proposals from other states that are designed to provide free or substantially reduced tuition to students attending state colleges and universities and analyze how these types of policies could be implemented in Indiana.

(5) Submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the study. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.152-2018, SEC.1.

 

IC 4-3-27-14Study of real world career readiness programs

     Sec. 14. (a) As used in this section, "career and technical education" has the meaning set forth in IC 20-20-38-1.

     (b) The cabinet shall:

(1) study the advisability of establishing one (1) or more real world career readiness programs that combine the theory of a particular career with workforce practice or application in order to provide students with career and technical education credentials necessary to transition from school to the workforce; and

(2) submit, not later than November 1, 2018, to the governor and the legislative council a report concerning the results of the study. The report to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.152-2018, SEC.1.

 

IC 4-4ARTICLE 4. LIEUTENANT GOVERNOR

 

           Ch. 1.Repealed
           Ch. 2.Inability of Lieutenant Governor to Discharge Official Duties
           Ch. 2.3.Lieutenant Governor as Secretary of Agriculture and Rural Development
           Ch. 2.4.Repealed
           Ch. 2.5.Service of Lieutenant Governor and Employees on State Agencies, Boards, and Other Bodies
           Ch. 3.Repealed
           Ch. 3.2.Repealed
           Ch. 3.3.Repealed
           Ch. 3.4.Repealed
           Ch. 3.5.Repealed
           Ch. 3.6.Repealed
           Ch. 3.7.Repealed
           Ch. 3.8.Repealed
           Ch. 4.Repealed
           Ch. 4.5.Repealed
           Ch. 4.6.Repealed
           Ch. 5.Repealed
           Ch. 5.1.Repealed
           Ch. 5.2.Repealed
           Ch. 6.Repealed
           Ch. 6.1.Repealed
           Ch. 7.Repealed
           Ch. 8.Repealed
           Ch. 9.Repealed
           Ch. 9.3.Repealed
           Ch. 9.5.Repealed
           Ch. 9.7.Office of Rural Affairs
           Ch. 10.Repealed
           Ch. 10.1.Repealed
           Ch. 10.9.Repealed
           Ch. 11.Repealed
           Ch. 11.1.Repealed
           Ch. 11.2.Repealed
           Ch. 11.3.Repealed
           Ch. 11.4.Repealed
           Ch. 11.5.Repealed
           Ch. 11.6.Repealed
           Ch. 11.7.Repealed
           Ch. 12.Repealed
           Ch. 13.Repealed
           Ch. 14.Repealed
           Ch. 15.Repealed
           Ch. 16.Indiana Main Street Program
           Ch. 16.5.Repealed
           Ch. 17.Repealed
           Ch. 18.Repealed
           Ch. 19.Repealed
           Ch. 20.Repealed
           Ch. 21.Repealed
           Ch. 22.Repealed
           Ch. 23.Repealed
           Ch. 24.Repealed
           Ch. 25.Repealed
           Ch. 26.Repealed
           Ch. 27.Repealed
           Ch. 28.Individual Development Accounts
           Ch. 29.Repealed
           Ch. 30.Repealed
           Ch. 31.Repealed
           Ch. 31.4.Repealed
           Ch. 32.Repealed
           Ch. 32.2.Alternative Fuel Fueling Station Grant Program
           Ch. 32.3.Alternative Fuel Vehicle Grant Program for Local Units
           Ch. 32.4.Repealed
           Ch. 33.Miscellaneous Community Development Programs
           Ch. 34.Indiana Office of Defense Development
           Ch. 35.Repealed
           Ch. 36.Expired
           Ch. 37.Historic Preservation and Rehabilitation Grant Program
           Ch. 38.Broadband Grants for Unserved Areas

 

IC 4-4-1Chapter 1. Repealed

Repealed by Acts 1982, P.L.15, SEC.30.

 

IC 4-4-2Chapter 2. Inability of Lieutenant Governor to Discharge Official Duties

 

           4-4-2-1Repealed
           4-4-2-1.1Self-declaration of inability to discharge office; appointment of acting lieutenant governor; resumption of office
           4-4-2-2Supreme court decision of inability to discharge office; resumption of office; procedures
           4-4-2-3Supreme court decision of inability to discharge office; appointment of acting lieutenant governor

 

IC 4-4-2-1Repealed

Formerly: Acts 1941, c.183, s.1. Repealed by Acts 1979, P.L.19, SEC.4.

 

IC 4-4-2-1.1Self-declaration of inability to discharge office; appointment of acting lieutenant governor; resumption of office

     Sec. 1.1. Whenever the lieutenant governor transmits to the governor the lieutenant governor's written declaration that the lieutenant governor is unable to discharge the powers and duties of the lieutenant governor's office, and until the lieutenant governor transmits to the governor a written declaration to the contrary, the powers and duties shall be discharged by a person appointed by the governor as acting lieutenant governor. Thereafter, when the lieutenant governor transmits to the governor the lieutenant governor's written declaration that no inability exists, the lieutenant governor shall resume the powers and duties of the lieutenant governor's office.

As added by Acts 1979, P.L.19, SEC.1. Amended by P.L.215-2016, SEC.21.

 

IC 4-4-2-2Supreme court decision of inability to discharge office; resumption of office; procedures

     Sec. 2. Whenever the governor, the president pro tempore of the senate, and the speaker of the house of representatives file with the supreme court a written statement suggesting that the lieutenant governor is unable to discharge the powers and duties of the lieutenant governor's office, the supreme court shall, after giving notice to the lieutenant governor of the date, time, and place of their meeting, meet within forty-eight (48) hours to decide the question and the decision shall be final. Whenever the lieutenant governor files with the supreme court the lieutenant governor's written declaration that no inability exists, the supreme court shall meet within forty-eight (48) hours to decide whether no inability exists, and the decision shall be final. Upon a decision that no inability exists, the lieutenant governor shall resume the powers and duties of the lieutenant governor's office.

As added by Acts 1979, P.L.19, SEC.2. Amended by P.L.215-2016, SEC.22.

 

IC 4-4-2-3Supreme court decision of inability to discharge office; appointment of acting lieutenant governor

     Sec. 3. Whenever the supreme court decides that the lieutenant governor is unable to discharge the powers and duties of the lieutenant governor's office, the governor shall appoint a person as acting lieutenant governor to discharge the powers and duties of the office of lieutenant governor until the supreme court decides that no inability exists.

As added by Acts 1979, P.L.19, SEC.3. Amended by P.L.215-2016, SEC.23.

 

IC 4-4-2.3Chapter 2.3. Lieutenant Governor as Secretary of Agriculture and Rural Development

 

           4-4-2.3-1Lieutenant governor as secretary of agriculture and rural development
           4-4-2.3-2Property tax exemption provisions; enumeration

 

IC 4-4-2.3-1Lieutenant governor as secretary of agriculture and rural development

     Sec. 1. The lieutenant governor serves as secretary of agriculture and rural development by virtue of office.

As added by P.L.83-2005, SEC.1.

 

IC 4-4-2.3-2Property tax exemption provisions; enumeration

     Sec. 2. The secretary is responsible for implementation of the following:

(1) IC 4-4-9.7.

(2) IC 15-11.

As added by P.L.83-2005, SEC.1. Amended by P.L.2-2008, SEC.14.

 

IC 4-4-2.4Chapter 2.4. Repealed

Repealed by P.L.34-2013, SEC.3.

 

IC 4-4-2.5Chapter 2.5. Service of Lieutenant Governor and Employees on State Agencies, Boards, and Other Bodies

 

           4-4-2.5-1Designee as member

 

IC 4-4-2.5-1Designee as member

     Sec. 1. In all cases where the lieutenant governor is a member of a state agency, committee, division, board, authority, or other organization created by law, the lieutenant governor may designate another individual to serve on the agency, committee, division, board, authority, or organization in place of the lieutenant governor as a member for all purposes. A designation under this section becomes effective when filed in the official records of the agency, committee, division, board, authority, or organization and remains in effect until the designation lapses in accordance with its terms.

As added by Acts 1981, P.L.24, SEC.2. Amended by P.L.17-1989, SEC.1; P.L.1-2006, SEC.8.

 

IC 4-4-3Chapter 3. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-3.2Chapter 3.2. Repealed

Repealed by P.L.187-2014, SEC.2.

 

IC 4-4-3.3Chapter 3.3. Repealed

Repealed by P.L.187-2014, SEC.3.

 

IC 4-4-3.4Chapter 3.4. Repealed

Repealed by P.L.2-2007, SEC.390.

 

IC 4-4-3.5Chapter 3.5. Repealed

Repealed by P.L.229-2005, SEC.18.

 

IC 4-4-3.6Chapter 3.6. Repealed

Repealed by P.L.229-2005, SEC.18.

 

IC 4-4-3.7Chapter 3.7. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-3.8Chapter 3.8. Repealed

Repealed by P.L.187-2014, SEC.4.

 

IC 4-4-4Chapter 4. Repealed

Repealed by Acts 1982, P.L.15, SEC.30.

 

IC 4-4-4.5Chapter 4.5. Repealed

Repealed by P.L.17-1992, SEC.2.

 

IC 4-4-4.6Chapter 4.6. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-5Chapter 5. Repealed

Repealed by Acts 1978, P.L.6, SEC.36.

 

IC 4-4-5.1Chapter 5.1. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-5.2Chapter 5.2. Repealed

Repealed by P.L.237-2017, SEC.2.

 

IC 4-4-6Chapter 6. Repealed

Repealed by Acts 1978, P.L.6, SEC.36.

 

IC 4-4-6.1Chapter 6.1. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-7Chapter 7. Repealed

[Pre-Local Government Recodification Citations:

4-4-7-1formerly 18-7-16.1-1
4-4-7-2formerly 18-7-16.1-2
4-4-7-3formerly 18-7-16.1-3
4-4-7-4formerly 18-7-16.1-4
4-4-7-5formerly 18-7-16.1-5
4-4-7-6formerly 18-7-16.1-6
4-4-7-7formerly 18-7-16.1-7.]

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-8Chapter 8. Repealed

[Pre-Local Government Recodification Citations:

4-4-8-1formerly 18-7-15-1
4-4-8-2formerly 18-7-15-2
4-4-8-3formerly 18-7-15-3
4-4-8-4formerly 18-7-15-4
4-4-8-5formerly 18-7-15-5
4-4-8-6formerly 18-7-15-6
4-4-8-7formerly 18-7-15-7
4-4-8-8formerly 18-7-15-8
4-4-8-9formerly 18-7-15-9
4-4-8-10formerly 18-7-15-10
4-4-8-11formerly 18-7-15-11.]

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-9Chapter 9. Repealed

[Pre-Local Government Recodification Citations:

4-4-9-1formerly 18-7-20-1
4-4-9-2formerly 18-7-20-2
4-4-9-3formerly 18-7-20-3.]

Repealed by P.L.144-2006, SEC.14.

 

IC 4-4-9.3Chapter 9.3. Repealed

Repealed by P.L.144-2006, SEC.14.

 

IC 4-4-9.5Chapter 9.5. Repealed

Repealed by P.L.144-2006, SEC.14.

 

IC 4-4-9.7Chapter 9.7. Office of Rural Affairs

 

           4-4-9.7-1"Director"
           4-4-9.7-2"Office"
           4-4-9.7-3"Secretary"
           4-4-9.7-4Office of community and rural affairs established
           4-4-9.7-5Director; appointment; chief executive and administrative officer; employees
           4-4-9.7-6Duties of office
           4-4-9.7-7Office may adopt rules
           4-4-9.7-8Repealed
           4-4-9.7-9Rural economic development fund

 

IC 4-4-9.7-1"Director"

     Sec. 1. As used in this chapter, "director" refers to the director of the office of community and rural affairs appointed under section 5 of this chapter.

As added by P.L.83-2005, SEC.5. Amended by P.L.144-2006, SEC.2.

 

IC 4-4-9.7-2"Office"

     Sec. 2. As used in this chapter, "office" refers to the office of community and rural affairs established by section 4 of this chapter.

As added by P.L.83-2005, SEC.5. Amended by P.L.144-2006, SEC.3.

 

IC 4-4-9.7-3"Secretary"

     Sec. 3. As used in this chapter, "secretary" refers to the lieutenant governor as secretary of agriculture and rural development, as provided in IC 4-4-2.3.

As added by P.L.83-2005, SEC.5.

 

IC 4-4-9.7-4Office of community and rural affairs established

     Sec. 4. The office of community and rural affairs is established.

As added by P.L.83-2005, SEC.5. Amended by P.L.144-2006, SEC.4.

 

IC 4-4-9.7-5Director; appointment; chief executive and administrative officer; employees

     Sec. 5. (a) The secretary shall appoint an individual to be the director of the office.

     (b) The director:

(1) serves at the secretary's pleasure;

(2) is entitled to receive compensation in an amount set by the secretary subject to the approval of the budget agency under IC 4-12-1-13; and

(3) is responsible to the secretary.

     (c) The director is the chief executive and administrative officer of the office.

     (d) The director may appoint employees in the manner provided by IC 4-15-2.2 and fix their compensation, subject to the approval of the budget agency under IC 4-12-1-13.

     (e) The director may delegate the director's authority to the appropriate office staff.

As added by P.L.83-2005, SEC.5. Amended by P.L.6-2012, SEC.10.

 

IC 4-4-9.7-6Duties of office

     Sec. 6. The office shall do the following:

(1) Administer the rural economic development fund under section 9 of this chapter.

(2) Administer the Indiana main street program under IC 4-4-16.

(3) Administer the community development block grant program.

As added by P.L.83-2005, SEC.5. Amended by P.L.144-2006, SEC.5.

 

IC 4-4-9.7-7Office may adopt rules

     Sec. 7. The office may adopt rules under IC 4-22-2 to carry out the duties, purposes, and functions of this chapter.

As added by P.L.144-2006, SEC.6.

 

IC 4-4-9.7-8Repealed

As added by P.L.144-2006, SEC.7. Repealed by P.L.133-2012, SEC.3.

 

IC 4-4-9.7-9Rural economic development fund

     Sec. 9. (a) The rural economic development fund is established for the purpose of enhancing and developing rural communities. The fund shall be administered by the office.

     (b) The expenses of administering the fund shall be paid from the money in the fund.

     (c) Notwithstanding IC 5-13, the treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund under IC 5-10.3-5. The treasurer of state may contract with investment management professionals, investment advisers, and legal counsel to assist in the management of the fund and may pay the state expenses incurred under those contracts.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (e) Money in the fund may be used for the following purposes:

(1) To create, assess, and assist a pilot project to enhance the economic and community development in a rural area.

(2) To establish a local revolving loan fund for:

(A) an industrial;

(B) a commercial;

(C) an agricultural; or

(D) a tourist;

venture.

(3) To provide a loan for an economic development project in a rural area.

(4) To provide technical assistance to a rural organization.

(5) To assist in the development and creation of a rural cooperative.

(6) To address rural workforce development challenges.

(7) To assist in addressing telecommunications needs in a rural area, including the awarding of grants under IC 4-4-38.

(8) To provide funding for rural economic development projects concerning the following issues:

(A) Infrastructure, including water, wastewater, and storm water infrastructure needs.

(B) Housing.

(C) Health care.

(D) Local planning.

(E) Land use.

(F) Other rural economic development issues, as determined by the office.

(9) To provide funding for the establishment of new regional rural development groups and the operation of existing regional rural development groups.

     (f) Expenditures from the fund are subject to appropriation by the general assembly and approval by the office.

As added by P.L.144-2006, SEC.8. Amended by P.L.177-2018, SEC.1.

 

IC 4-4-10Chapter 10. Repealed

Repealed by Acts 1982, P.L.17, SEC.4.

 

IC 4-4-10.1Chapter 10.1. Repealed

Repealed by P.L.1-1993, SEC.16.

 

IC 4-4-10.9Chapter 10.9. Repealed

Repealed by P.L.189-2018, SEC.2.

 

IC 4-4-11Chapter 11. Repealed

Repealed by P.L.189-2018, SEC.3.

 

IC 4-4-11.1Chapter 11.1. Repealed

Repealed by P.L.24-1995, SEC.29.

 

IC 4-4-11.2Chapter 11.2. Repealed

Repealed by P.L.189-2018, SEC.4.

 

IC 4-4-11.3Chapter 11.3. Repealed

Repealed by P.L.2-1989, SEC.56.

 

IC 4-4-11.4Chapter 11.4. Repealed

Repealed by P.L.237-2017, SEC.4.

 

IC 4-4-11.5Chapter 11.5. Repealed

Repealed by P.L.189-2018, SEC.5.

 

IC 4-4-11.6Chapter 11.6. Repealed

Repealed by P.L.189-2018, SEC.6.

 

IC 4-4-11.7Chapter 11.7. Repealed

Repealed by P.L.189-2018, SEC.7.

 

IC 4-4-12Chapter 12. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-13Chapter 13. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-14Chapter 14. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-15Chapter 15. Repealed

Repealed by P.L.187-2014, SEC.5.

 

IC 4-4-16Chapter 16. Indiana Main Street Program

 

           4-4-16-1Establishment
           4-4-16-2Main street council; establishment
           4-4-16-3Authority of office of rural affairs
           4-4-16-4Repealed

 

IC 4-4-16-1Establishment

     Sec. 1. (a) The Indiana main street program is established to:

(1) encourage the economic development, redevelopment, and improvement of downtown areas in Indiana cities and towns in all geographic regions of the state;

(2) sponsor demonstration efforts in Indiana cities and towns in all geographic regions of the state; and

(3) provide technical assistance and sponsor seminars and other educational programs on downtown area revitalization, development, and redevelopment.

     (b) The program shall be administered by the office of rural affairs.

As added by P.L.22-1985, SEC.1. Amended by P.L.83-2005, SEC.6.

 

IC 4-4-16-2Main street council; establishment

     Sec. 2. (a) The Indiana main street council is established. The council consists of:

(1) the secretary of agriculture and rural development or a person designated by the secretary, who shall serve as chairman; and

(2) at least seven (7) but not more than ten (10) persons appointed by the secretary, who represent organizations concerned with the purposes of the program established by this chapter and who represent all geographic regions of the state.

     (b) Members appointed to the council by the secretary shall serve for a term of three (3) years, beginning on July 1 after their appointment. However, a member appointed to fill a vacancy on the council shall serve for the remainder of the unexpired term.

     (c) The council shall:

(1) develop and direct policy;

(2) coordinate administrative techniques; and

(3) provide assistance;

to carry out the purposes of the Indiana main street program.

     (d) Each member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Each member is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.

As added by P.L.22-1985, SEC.1. Amended by P.L.83-2005, SEC.7.

 

IC 4-4-16-3Authority of office of rural affairs

     Sec. 3. To carry out the purposes described in section 1 of this chapter, the office of rural affairs, acting for and on behalf of the Indiana main street council and the Indiana main street program, may:

(1) execute contractual agreements;

(2) receive money from any source;

(3) expend money for an activity appropriate to the purposes of this chapter; and

(4) execute agreements and cooperate with:

(A) any other state or federal department or agency;

(B) Indiana political subdivisions; or

(C) any private person or corporation.

As added by P.L.22-1985, SEC.1. Amended by P.L.83-2005, SEC.8.

 

IC 4-4-16-4Repealed

As added by P.L.22-1985, SEC.1. Repealed by P.L.19-1989, SEC.1.

 

IC 4-4-16.5Chapter 16.5. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-17Chapter 17. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-18Chapter 18. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-19Chapter 19. Repealed

Repealed by P.L.237-2017, SEC.5.

 

IC 4-4-20Chapter 20. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-21Chapter 21. Repealed

Repealed by P.L.189-2018, SEC.8.

 

IC 4-4-22Chapter 22. Repealed

Repealed by P.L.83-2005, SEC.12.

 

IC 4-4-23Chapter 23. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-24Chapter 24. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-25Chapter 25. Repealed

Repealed by P.L.4-2005, SEC.148.

 

IC 4-4-26Chapter 26. Repealed

Repealed by P.L.162-2007, SEC.42.

 

IC 4-4-27Chapter 27. Repealed

[Pre-1993 Title 16 Recodification Citations:

4-4-27-1formerly16-5-2-1 part
4-4-27-2formerly16-5-2-1 part
4-4-27-3formerly16-5-2-2 part
4-4-27-4formerly16-5-2-2 part
4-4-27-5formerly16-5-2-4 part
4-4-27-6formerly16-5-2-4 part
4-4-27-7formerly16-5-2-4.5
4-4-27-8formerly16-5-2-5.]

Repealed by P.L.187-2014, SEC.6.

 

IC 4-4-28Chapter 28. Individual Development Accounts

 

           4-4-28-0.3Repealed
           4-4-28-1"Account"
           4-4-28-1.5"Authority"
           4-4-28-2"Community development corporation"
           4-4-28-3"Financial institution"
           4-4-28-4"Fund"
           4-4-28-5"Individual development account"
           4-4-28-5.5"Motor vehicle"
           4-4-28-6"Qualifying individual"
           4-4-28-7Establishing account; beneficiaries; residency
           4-4-28-8Community development corporation duties
           4-4-28-9Account deposits
           4-4-28-10Number of accounts limited
           4-4-28-11Annual reports
           4-4-28-12Deposits to accounts; matching contributions; use of federal block grant money
           4-4-28-13Individual development account fund; tax credits
           4-4-28-14Interest; taxes; fees
           4-4-28-15Withdrawal of money from account; appeal of denial
           4-4-28-16Account withdrawal; purposes; approval
           4-4-28-17Money in account not considered assets
           4-4-28-18Annual evaluation of accounts; report
           4-4-28-19Repealed
           4-4-28-20Repealed
           4-4-28-21Rules; adoption

 

IC 4-4-28-0.3Repealed

As added by P.L.220-2011, SEC.24. Repealed by P.L.63-2012, SEC.2.

 

IC 4-4-28-1"Account"

     Sec. 1. As used in this chapter, "account" refers to an individual development account.

As added by P.L.15-1997, SEC.1.

 

IC 4-4-28-1.5"Authority"

     Sec. 1.5. As used in this chapter, "authority" refers to the Indiana housing and community development authority established under IC 5-20-1.

As added by P.L.181-2006, SEC.6.

 

IC 4-4-28-2"Community development corporation"

     Sec. 2. As used in this chapter, "community development corporation" means a private, nonprofit corporation:

(1) whose board of directors consists primarily of community representatives and business, civic, and community leaders; and

(2) whose principal purpose includes the provision of:

(A) housing;

(B) community based economic development projects; or

(C) social services;

that primarily benefit low income individuals and communities.

As added by P.L.15-1997, SEC.1. Amended by P.L.4-1999, SEC.1.

 

IC 4-4-28-3"Financial institution"

     Sec. 3. As used in this chapter, "financial institution" means a bank, savings association, credit union, or any other institution regulated under IC 28 or federal law.

As added by P.L.15-1997, SEC.1. Amended by P.L.4-1999, SEC.2.

 

IC 4-4-28-4"Fund"

     Sec. 4. As used in this chapter, "fund" refers to an individual development account fund established by a community development corporation under section 13 of this chapter.

As added by P.L.15-1997, SEC.1.

 

IC 4-4-28-5"Individual development account"

     Sec. 5. As used in this chapter, "individual development account" means an account in a financial institution administered by a community development corporation that allows a qualifying individual to deposit money:

(1) to be matched by the state, financial institutions, corporations, and other entities; and

(2) that will be used by the qualifying individual for one (1) or more of the following:

(A) To pay for costs (including tuition, laboratory costs, books, computer costs, and other costs associated with attendance) at an accredited postsecondary educational institution or a vocational school that is not a postsecondary educational institution, for the individual or for a dependent of the individual.

(B) To pay for the costs (including tuition, laboratory costs, books, computer costs, and other costs) associated with an accredited or a licensed training program that may lead to employment for the individual or for a dependent of the individual.

(C) To purchase a primary residence located in Indiana for the individual or for a dependent of the individual or to reduce the principal amount owed on a primary residence located in Indiana that was purchased by the individual or a dependent of the individual with money from an individual development account.

(D) To pay for the rehabilitation (as defined in IC 6-3.1-11-11) of the individual's primary residence located in Indiana.

(E) To begin or to purchase part or all of a business based in Indiana or to expand an existing small business based in Indiana.

(F) Subject to section 8(b) of this chapter, to purchase a motor vehicle.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.4; P.L.2-2007, SEC.24; P.L.150-2007, SEC.1; P.L.50-2016, SEC.1.

 

IC 4-4-28-5.5"Motor vehicle"

     Sec. 5.5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a).

As added by P.L.50-2016, SEC.2.

 

IC 4-4-28-6"Qualifying individual"

     Sec. 6. As used in this chapter, "qualifying individual" means an individual or a member of an individual's household who may establish an individual development account because the individual:

(1) is an Indiana resident; and

(2) either:

(A) receives or is a member of a household that receives assistance under IC 12-14-2; or

(B) is a member of a household with an annual household income that is less than two hundred percent (200%) of the federal income poverty level.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.5; P.L.50-2016, SEC.3.

 

IC 4-4-28-7Establishing account; beneficiaries; residency

     Sec. 7. (a) A qualifying individual, including an individual who:

(1) established an individual development account under this chapter before July 1, 2001; and

(2) held the account described in subdivision (1) for less than four (4) years;

may establish an account by applying at a community development corporation after June 30, 2001.

     (b) At the time of establishing an account under this section, the qualifying individual must name a beneficiary to replace the qualifying individual as the holder of the account if the qualifying individual dies. If the beneficiary:

(1) is a member of the qualifying individual's family, all funds in the account remain in the account; and

(2) is not a member of the qualifying individual's family, all funds in the account provided by the state revert to the state.

The qualifying individual may change the name of the beneficiary at the qualifying individual's discretion. A beneficiary who becomes the holder of an account under this subsection is subject to this chapter and rules adopted under this chapter regarding withdrawals from the account.

     (c) Only one (1) member of a qualifying individual's household may establish an account.

     (d) A qualifying individual shall maintain residency in Indiana until the individual development account is closed.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.6; P.L.50-2016, SEC.4.

 

IC 4-4-28-8Community development corporation duties

     Sec. 8. (a) A community development corporation shall do the following:

(1) Determine whether an individual who wants to establish an account is a qualifying individual.

(2) Administer, through a financial institution, and act as trustee for each account established through the community development corporation.

(3) Approve or deny an individual's request to make a withdrawal from the individual's account.

(4) Provide or arrange for training in money management, budgeting, and related topics for each individual who establishes an account.

     (b) A community development corporation may approve a qualifying individual's request to make a withdrawal from an account to purchase a motor vehicle if the purpose of the purchase is primarily to transport the individual to and from work, postsecondary education, or an accredited or licensed training program intended to lead to employment of the individual or a dependent of the individual.

As added by P.L.15-1997, SEC.1. Amended by P.L.50-2016, SEC.5.

 

IC 4-4-28-9Account deposits

     Sec. 9. (a) An individual may deposit money from the individual's earned income into the individual's account.

     (b) An individual may deposit an unlimited amount of money into the individual's account. However, only eight hundred dollars ($800) annually is eligible for a state deposit as provided in section 12 of this chapter.

As added by P.L.15-1997, SEC.1. Amended by P.L.150-2007, SEC.2.

 

IC 4-4-28-10Number of accounts limited

     Sec. 10. (a) Not more than eight hundred (800) accounts may be established in the state each state fiscal year beginning before July 1, 2009.

     (b) Not more than one thousand (1,000) accounts may be established in the state each state fiscal year beginning after June 30, 2009.

     (c) A community development corporation shall use money that is in an individual development account fund established under section 13 of this chapter to allow a qualified individual on a waiting list maintained by the community development corporation to establish an account.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.7; P.L.150-2007, SEC.3.

 

IC 4-4-28-11Annual reports

     Sec. 11. (a) Each community development corporation shall annually provide the authority with information needed to determine:

(1) the number of accounts administered by the community development corporation;

(2) the length of time each account under subdivision (1) has been established; and

(3) the amount of money an individual has deposited into each account under subdivision (1) during the preceding twelve (12) months.

     (b) The authority shall use the information provided under subsection (a) to deposit the correct amount of money into each account as provided in section 12 of this chapter.

As added by P.L.15-1997, SEC.1. Amended by P.L.235-2005, SEC.46; P.L.1-2006, SEC.52; P.L.181-2006, SEC.7; P.L.1-2007, SEC.9.

 

IC 4-4-28-12Deposits to accounts; matching contributions; use of federal block grant money

     Sec. 12. (a) The authority shall allocate, for each account that has been established, for not more than five (5) years, three dollars ($3) for each one dollar ($1) of the first four hundred dollars ($400) an individual deposited into the individual's account during the preceding twelve (12) months. However, if the amount appropriated by the general assembly is insufficient to make the deposits required by this section for accounts that have been established, the authority shall proportionately reduce the amounts allocated to and deposited into each account. The authority may allocate three dollars ($3) for each one dollar ($1) of any part of an amount above four hundred dollars ($400) an individual deposited into the individual's account during the preceding twelve (12) months. However, the authority's allocation under this subsection may not exceed two thousand four hundred dollars ($2,400) for each account described in this subsection.

     (b) The authority shall deposit into each account established under this chapter the appropriate amount of money determined under this section.

     (c) Money from a federal block grant program under Title IV-A of the federal Social Security Act may be used by the state to provide money under this section for deposit into an account held by an individual who receives assistance under IC 12-14-2.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.8; P.L.235-2005, SEC.47; P.L.1-2006, SEC.53; P.L.181-2006, SEC.8; P.L.1-2007, SEC.10; P.L.150-2007, SEC.4; P.L.50-2016, SEC.6.

 

IC 4-4-28-13Individual development account fund; tax credits

     Sec. 13. (a) Each community development corporation may apply to the authority for an allocation of tax credits under IC 6-3.1-18 for the contributors to a fund established under this section. A community development corporation may establish an individual development account fund to provide money to be used to finance additional accounts to be administered by the community development corporation under this chapter and to help pay for the community development corporation's expenses related to the administration of accounts.

     (b) Each community development corporation shall encourage individuals, financial institutions, corporations, and other entities to contribute to the fund. A contributor to the fund may qualify for a tax credit as provided under IC 6-3.1-18.

     (c) Each community development corporation may use up to twenty percent (20%) of the first one hundred thousand dollars ($100,000) deposited each calendar year in the fund under subsection (b) to help pay for the community development corporation's expenses related to the administration of accounts established under this chapter. All deposits in the fund under subsection (b) of more than one hundred thousand dollars ($100,000) during each calendar year may be used only to fund accounts administered by the community development corporation under this chapter.

     (d) A community development corporation may allow an individual to establish a new account as adequate funding becomes available.

     (e) Only money from the fund may be used to make the deposit described in subsection (f) into an account established under this section.

     (f) The community development corporation shall annually deposit at least three dollars ($3) into each account for each one dollar ($1) an individual has deposited into the individual's account as of June 30.

     (g) A community development corporation may not allow a qualifying individual to establish an account if the community development corporation does not have adequate funds to deposit into the account under subsection (f).

As added by P.L.15-1997, SEC.1. Amended by P.L.4-1999, SEC.3; P.L.50-2016, SEC.7.

 

IC 4-4-28-14Interest; taxes; fees

     Sec. 14. (a) An account must earn interest at a rate that is competitive in the county where the account is located.

     (b) Interest earned on an account during a taxable year is not subject to taxation under IC 6-3 or IC 6-5.5.

     (c) An account is a custodial account and is not subject to fees.

As added by P.L.15-1997, SEC.1. Amended by P.L.192-2002(ss), SEC.2; P.L.50-2016, SEC.8.

 

IC 4-4-28-15Withdrawal of money from account; appeal of denial

     Sec. 15. (a) An individual must request and receive authorization from the community development corporation that administers the individual's account before withdrawing money from the account for any purpose.

     (b) An individual who is denied authorization to withdraw money under subsection (a) may appeal the community development corporation's decision to the authority under rules adopted by the authority under IC 4-22-2.

As added by P.L.15-1997, SEC.1. Amended by P.L.235-2005, SEC.48; P.L.1-2006, SEC.54; P.L.181-2006, SEC.9; P.L.1-2007, SEC.11.

 

IC 4-4-28-16Account withdrawal; purposes; approval

     Sec. 16. (a) Money withdrawn from an individual's account is not subject to taxation under IC 6-3-1 through IC 6-3-7 if the money is used for at least one (1) of the following:

(1) To pay for costs (including tuition, laboratory costs, books, computer costs, and other costs) at an accredited postsecondary educational institution or a vocational school that is not a postsecondary educational institution for the individual or for a dependent of the individual.

(2) To pay for the costs (including tuition, laboratory costs, books, computer costs, and other costs) associated with an accredited or a licensed training program that may lead to employment for the individual or for a dependent of the individual.

(3) To purchase a primary residence located in Indiana for the individual or for a dependent of the individual or to reduce the principal amount owed on a primary residence located in Indiana that was purchased by the individual or a dependent of the individual with money from an individual development account.

(4) To pay for the rehabilitation (as defined in IC 6-3.1-11-11) of the individual's primary residence located in Indiana.

(5) To begin or to purchase part or all of a business based in Indiana or to expand an existing small business based in Indiana.

(6) Subject to section 8(b) of this chapter, to purchase a motor vehicle.

     (b) At the time of requesting authorization under section 15 of this chapter to withdraw money from an individual's account under subsection (a)(5), the individual must provide the community development corporation with a business plan that:

(1) has been approved by a financial institution or is approved by the community development corporation;

(2) includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and

(3) may require the individual to obtain the assistance of an experienced business advisor.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.9; P.L.135-2002, SEC.1; P.L.2-2007, SEC.25; P.L.150-2007, SEC.5; P.L.50-2016, SEC.9.

 

IC 4-4-28-17Money in account not considered assets

     Sec. 17. Money in an account may not be considered:

(1) an asset of an individual when determining the individual's eligibility for assistance under IC 12-14; or

(2) a countable asset (as defined in IC 12-7-2-44.6).

As added by P.L.15-1997, SEC.1.

 

IC 4-4-28-18Annual evaluation of accounts; report

     Sec. 18. (a) Each community development corporation shall annually:

(1) evaluate the individual development accounts administered by the community development corporation; and

(2) submit a report containing the evaluation information to the authority.

     (b) Two (2) or more community development corporations may work together in carrying out the purposes of this chapter.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.10; P.L.235-2005, SEC.49; P.L.1-2006, SEC.55; P.L.181-2006, SEC.10; P.L.1-2007, SEC.12.

 

IC 4-4-28-19Repealed

As added by P.L.15-1997, SEC.1. Repealed by P.L.289-2001, SEC.15.

 

IC 4-4-28-20Repealed

As added by P.L.15-1997, SEC.1. Repealed by P.L.289-2001, SEC.15.

 

IC 4-4-28-21Rules; adoption

     Sec. 21. The authority may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.15-1997, SEC.1. Amended by P.L.289-2001, SEC.11; P.L.235-2005, SEC.50; P.L.1-2006, SEC.56; P.L.181-2006, SEC.11; P.L.1-2007, SEC.13.

 

IC 4-4-29Chapter 29. Repealed

Repealed by P.L.229-2005, SEC.18.

 

IC 4-4-30Chapter 30. Repealed

Repealed by P.L.2-2007, SEC.390.

 

IC 4-4-31Chapter 31. Repealed

Repealed by P.L.1-2007, SEC.248.

 

IC 4-4-31.4Chapter 31.4. Repealed

Repealed by P.L.133-2012, SEC.4.

 

IC 4-4-32Chapter 32. Repealed

Repealed by P.L.237-2017, SEC.6.

 

IC 4-4-32.2Chapter 32.2. Alternative Fuel Fueling Station Grant Program

 

           4-4-32.2-1"Alternative fuel"
           4-4-32.2-2"Alternative fuel compatible"
           4-4-32.2-3"Fueling station"
           4-4-32.2-4"Location"
           4-4-32.2-5"Motor fuel"
           4-4-32.2-6"Motor vehicle"
           4-4-32.2-7"Office"
           4-4-32.2-8"Qualified investment"
           4-4-32.2-9"Unit"
           4-4-32.2-10Grant awards by the office; grant recipient must comply with office guidelines; one grant per location
           4-4-32.2-11Office determines amount of grant; limit on amount
           4-4-32.2-12Administrative responsibilities of the office
           4-4-32.2-13Limit on total grants awarded for all fiscal years
           4-4-32.2-14Alternative fuel fueling station grant fund; sources of funds; investment of money in fund; nonreverting fund; appropriation
           4-4-32.2-15Grant not subject to state adjusted gross income tax
           4-4-32.2-16Grant does not reduce basis of qualified property

 

IC 4-4-32.2-1"Alternative fuel"

     Sec. 1. As used in this chapter, "alternative fuel" means liquefied petroleum gas, a compressed natural gas product, or a combination of liquefied petroleum gas and a compressed natural gas product, not including a biodiesel fuel or biodiesel blend, used in an internal combustion engine or a motor to propel a motor vehicle. The term includes all forms of fuel commonly or commercially known or sold as butane, propane, or compressed natural gas.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-2"Alternative fuel compatible"

     Sec. 2. As used in this chapter, "alternative fuel compatible", with respect to a fueling station, means capable of storing and delivering alternative fuel in conformance with any governmental or other nationally recognized standards that apply to the storage and handling of alternative fuel, as determined under standards adopted by the office under section 12(1) of this chapter.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-3"Fueling station"

     Sec. 3. As used in this chapter, "fueling station" refers to tangible property (other than a building and its structural components) that:

(1) consists of:

(A) a tank or other storage unit;

(B) a pump or other dispensing equipment; and

(C) other components; and

(2) is used by:

(A) a person engaged in the business of selling motor fuel at retail, to enable motor fuel to be dispensed directly into the fuel tank of a customer's motor vehicle;

(B) a person engaged in a business, other than a business described in clause (A), to enable motor fuel to be dispensed directly into the fuel tank of a motor vehicle, if the fueling station is accessible to members of the public; or

(C) a unit to enable motor fuel to be dispensed directly into the fuel tank of a motor vehicle, regardless of whether the fueling station is accessible to members of the public.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-4"Location"

     Sec. 4. As used in this chapter, "location" refers to one (1) or more parcels of land that:

(1) have a common access to a public highway; and

(2) are or would appear to the reasonable person making an observation from a public highway to be part of the same business.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-5"Motor fuel"

     Sec. 5. (a) As used in this chapter, "motor fuel" has the meaning set forth in IC 6-6-4.1-1(i).

     (b) The term includes alternative fuel.

As added by P.L.151-2009, SEC.1. Amended by P.L.277-2013, SEC.2.

 

IC 4-4-32.2-6"Motor vehicle"

     Sec. 6. As used in this chapter, "motor vehicle" means any vehicle that:

(1) is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails); and

(2) has at least four (4) wheels.

As added by P.L.151-2009, SEC.1. Amended by P.L.109-2015, SEC.5.

 

IC 4-4-32.2-7"Office"

     Sec. 7. As used in this chapter, "office" refers to the Indiana office of energy development established by IC 4-3-23-3.

As added by P.L.151-2009, SEC.1. Amended by P.L.34-2013, SEC.4.

 

IC 4-4-32.2-8"Qualified investment"

     Sec. 8. As used in this chapter, "qualified investment" refers to an ordinary and usual expense that is incurred after June 30, 2009, to purchase any part of an alternative fuel compatible fueling station for the purpose of:

(1) installing a new alternative fuel compatible fueling station at a location on which a fueling station is not located; or

(2) replacing an existing fueling station that is not an alternative fuel compatible fueling station with a fueling station that is an alternative fuel compatible fueling station.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-9"Unit"

     Sec. 9. As used in this chapter, "unit" means a county, city, town, township, or school corporation.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-10Grant awards by the office; grant recipient must comply with office guidelines; one grant per location

     Sec. 10. (a) Subject to subsections (b) and (c), the office may award a grant under this chapter to a person or unit that:

(1) makes a qualified investment; and

(2) places the alternative fuel compatible fueling station for which the qualified investment was made into service;

in Indiana for the dispensing of alternative fuel into the fuel tanks of motor vehicles.

     (b) A recipient of a grant awarded under this chapter must comply with any guidelines developed by the office in connection with grants awarded under this chapter.

     (c) The office may not award more than one (1) grant under this chapter for a single location.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-11Office determines amount of grant; limit on amount

     Sec. 11. (a) Subject to subsection (b) and section 13 of this chapter, the office shall determine the amount of each grant awarded under this chapter.

     (b) The amount of a grant awarded under this chapter for a location may not exceed the lesser of the following:

(1) The amount of the grant recipient's qualified investment for the location.

(2) Twenty thousand dollars ($20,000).

     (c) The amount of a grant awarded under this chapter for a location may be less than the amount of the grant recipient's qualified investment for the location.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-12Administrative responsibilities of the office

     Sec. 12. The office shall do the following:

(1) Adopt guidelines to determine standards for awarding grants under this chapter, including standards for determining whether a fueling station complies with applicable governmental or other nationally recognized standards that apply to the storage and handling of alternative fuel.

(2) Prepare and supervise the issuance of public information concerning the grant program established under this chapter.

(3) Prescribe the form for and regulate the submission of applications for grants under this chapter.

(4) Determine an applicant's eligibility for a grant under this chapter.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-13Limit on total grants awarded for all fiscal years

     Sec. 13. The total amount of grants awarded under this chapter for all state fiscal years may not exceed one million dollars ($1,000,000).

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-14Alternative fuel fueling station grant fund; sources of funds; investment of money in fund; nonreverting fund; appropriation

     Sec. 14. (a) The alternative fuel fueling station grant fund is established to provide grants under this chapter. The fund shall be administered by the office.

     (b) The fund consists of:

(1) money appropriated to the fund by the general assembly;

(2) money received from state or federal grants or programs for alternative fuels projects; and

(3) donations, gifts, and money received from any other source, including transfers from other funds or accounts.

     (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund to be used exclusively for purposes of this chapter.

     (e) Money in the fund is continuously appropriated for the purposes of this chapter.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-15Grant not subject to state adjusted gross income tax

     Sec. 15. A grant awarded under this chapter is not subject to taxation under IC 6-3-1 through IC 6-3-7.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.2-16Grant does not reduce basis of qualified property

     Sec. 16. A grant awarded under this chapter does not reduce the basis of the qualified property for purposes of determining any gain or loss on the property when the grant recipient disposes of the property.

As added by P.L.151-2009, SEC.1.

 

IC 4-4-32.3Chapter 32.3. Alternative Fuel Vehicle Grant Program for Local Units

 

           4-4-32.3-1"Alternative fuel"
           4-4-32.3-2"Alternative fuel conversion kit"
           4-4-32.3-3"Alternative fuel vehicle"
           4-4-32.3-3.8"Motor vehicle"
           4-4-32.3-4"Office"
           4-4-32.3-5"Qualified purchase"
           4-4-32.3-6"Unit"
           4-4-32.3-7Office may award grants to units; award amount and limitations
           4-4-32.3-8Office responsibilities
           4-4-32.3-9Limit on grants awarded for all units
           4-4-32.3-10Local unit alternative fuel vehicle grant fund; source of funds; investment of money in fund; nonreverting fund; appropriation

 

IC 4-4-32.3-1"Alternative fuel"

     Sec. 1. As used in this chapter, "alternative fuel" means liquefied petroleum gas, a compressed natural gas product, or a combination of liquefied petroleum gas and a compressed natural gas product, not including a biodiesel fuel or biodiesel blend, used in an internal combustion engine or a motor to propel a motor vehicle. The term includes all forms of fuel commonly or commercially known or sold as butane, propane, or compressed natural gas.

As added by P.L.151-2009, SEC.2. Amended by P.L.109-2015, SEC.6.

 

IC 4-4-32.3-2"Alternative fuel conversion kit"

     Sec. 2. As used in this chapter, "alternative fuel conversion kit" means any equipment used to convert a motor vehicle that is not an alternative fuel vehicle into an alternative fuel vehicle, in conformance with any applicable governmental or other nationally recognized safety or design standards, as determined under standards adopted by the office under section 8(1) of this chapter.

As added by P.L.151-2009, SEC.2. Amended by P.L.109-2015, SEC.7.

 

IC 4-4-32.3-3"Alternative fuel vehicle"

     Sec. 3. As used in this chapter, "alternative fuel vehicle" means any motor vehicle that is designed to operate:

(1) on alternative fuel alone; or

(2) on alternative fuel alternately with another fuel source;

in conformance with any applicable governmental or other nationally recognized safety or design standards, as determined under standards adopted by the office under section 8(1) of this chapter.

As added by P.L.151-2009, SEC.2. Amended by P.L.109-2015, SEC.8.

 

IC 4-4-32.3-3.8"Motor vehicle"

     Sec. 3.8. As used in this chapter, "motor vehicle" means any vehicle that:

(1) is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails); and

(2) has at least four (4) wheels.

As added by P.L.109-2015, SEC.9.

 

IC 4-4-32.3-4"Office"

     Sec. 4. As used in this chapter, "office" refers to the Indiana office of energy development established by IC 4-3-23-3.

As added by P.L.151-2009, SEC.2. Amended by P.L.34-2013, SEC.5.

 

IC 4-4-32.3-5"Qualified purchase"

     Sec. 5. As used in this chapter, "qualified purchase" refers to the purchase by a unit after June 30, 2009, of any of the following:

(1) One (1) or more alternative fuel vehicles.

(2) One (1) or more alternative fuel conversion kits, including any installation costs.

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.3-6"Unit"

     Sec. 6. As used in this chapter, "unit" means a county, city, town, township, or school corporation.

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.3-7Office may award grants to units; award amount and limitations

     Sec. 7. (a) Subject to subsections (d) and (e), the office may award a grant under this chapter to a unit that makes a qualified purchase.

     (b) Subject to subsection (c) and section 9 of this chapter, the amount of a grant that may be awarded under this chapter to a unit equals the amount determined under STEP FOUR of the following formula:

STEP ONE: Determine the product of:

(A) two thousand dollars ($2,000); multiplied by

(B) the number of alternative fuel vehicles purchased by the unit.

STEP TWO: For each alternative fuel conversion kit purchased by the unit, determine the lesser of:

(A) two thousand dollars ($2,000); or

(B) the actual cost of the alternative fuel conversion kit.

STEP THREE: Determine the sum of all amounts determined under STEP TWO.

STEP FOUR: Add the amounts determined under STEPS ONE and THREE.

     (c) In the guidelines adopted by the office under section 8(1) of this chapter, the office may limit the:

(1) number of alternative fuel vehicles; or

(2) number of alternative fuel conversion kits;

for which a unit may receive a grant under this chapter.

     (d) A recipient of a grant awarded under this chapter must comply with any guidelines developed by the office in connection with grants awarded under this chapter.

     (e) The office may not award more than one (1) grant under this chapter to any one (1) unit.

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.3-8Office responsibilities

     Sec. 8. The office shall do the following:

(1) Adopt guidelines to determine standards for awarding grants under this chapter, including standards for determining whether an alternative fuel vehicle or an alternative fuel conversion kit complies with applicable governmental or other nationally recognized standards.

(2) Prepare and supervise the issuance of information to units concerning the grant program established under this chapter.

(3) Prescribe the form for and regulate the submission of applications for grants under this chapter.

(4) Determine an applicant's eligibility for a grant under this chapter.

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.3-9Limit on grants awarded for all units

     Sec. 9. The total amount of grants awarded under this chapter for all units may not exceed one million dollars ($1,000,000).

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.3-10Local unit alternative fuel vehicle grant fund; source of funds; investment of money in fund; nonreverting fund; appropriation

     Sec. 10. (a) The local unit alternative fuel vehicle grant fund is established to provide grants under this chapter. The fund shall be administered by the office.

     (b) The fund consists of:

(1) money appropriated to the fund by the general assembly;

(2) money received from state or federal grants or programs for alternative fuels projects; and

(3) donations, gifts, and money received from any other source, including transfers from other funds or accounts.

     (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund to be used exclusively for purposes of this chapter.

     (e) Money in the fund is continuously appropriated for the purposes of this chapter.

As added by P.L.151-2009, SEC.2.

 

IC 4-4-32.4Chapter 32.4. Repealed

Repealed by P.L.1-2006, SEC.588.

 

IC 4-4-33Chapter 33. Miscellaneous Community Development Programs

 

           4-4-33-1Administration by lieutenant governor
           4-4-33-2529 Education savings plan

 

IC 4-4-33-1Administration by lieutenant governor

     Sec. 1. The lieutenant governor shall administer the following:

(1) The Housing Assistance Act of 1937 (42 U.S.C. 1437).

(2) Community services programs, including the Community Services Block Grant under 42 U.S.C. 9901 et seq.

(3) Home energy assistance programs, including the Low Income Home Energy Assistance Block Grant under 42 U.S.C. 8621 et seq.

(4) Weatherization programs, including weatherization programs and money received under 42 U.S.C. 6851 et seq.

(5) Migrant and farm worker programs and money under 20 U.S.C. 6391 et seq., 29 U.S.C. 49 et seq., and 42 U.S.C. 1397 et seq.

(6) Emergency shelter grant programs and money under 42 U.S.C. 11371 et seq.

(7) Shelter plus care programs and money under 42 U.S.C. 11403 et seq.

As added by P.L.181-2006, SEC.12. Amended by P.L.156-2011, SEC.1.

 

IC 4-4-33-2529 Education savings plan

     Sec. 2. Except as otherwise provided under federal law, the money in an account (as defined in IC 21-9-2-2) of an education savings program (as defined in IC 21-9-2-11) may not be considered as a resource or asset in determining an applicant's or recipient's eligibility for home energy assistance through the Low Income Home Energy Assistance Block Grant under 42 U.S.C. 8621 et seq.

As added by P.L.70-2017, SEC.1.

 

IC 4-4-34Chapter 34. Indiana Office of Defense Development

 

           4-4-34-1"Director"
           4-4-34-2"Office"
           4-4-34-3Indiana office of defense development established
           4-4-34-4Duties
           4-4-34-5Appointments; supervision
           4-4-34-6Adoption of rules
           4-4-34-7Transfer of duties and liability

 

IC 4-4-34-1"Director"

     Sec. 1. As used in this chapter, “director" means the chief executive and administrative officer of the Indiana office of defense development.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-2"Office"

     Sec. 2. As used in this chapter, “office" refers to the Indiana office of defense development established by section 3 of this chapter.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-3Indiana office of defense development established

     Sec. 3. The Indiana office of defense development is established to develop and implement strategies for promoting defense assets and industry of Indiana.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-4Duties

     Sec. 4. The office shall do the following:

(1) Promote the defense assets located in Indiana.

(2) Attract defense related industry and activities to Indiana, working with local, regional, and statewide economic development organizations.

(3) Promote and assist in the commercialization of the United States Department of Defense and other federal intellectual property and assets to create new products, companies, and jobs in Indiana.

(4) Report annually to the lieutenant governor on the economic, workforce, and national security impact of the defense assets and defense industry in Indiana.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-5Appointments; supervision

     Sec. 5. The lieutenant governor shall appoint the director of the office. The director shall report directly to the lieutenant governor. The director:

(1) is entitled to receive compensation in an amount set by the lieutenant governor, subject to the approval of the budget agency under IC 4-12-1-13;

(2) may appoint employees in the manner provided by IC 4-15-2.2;

(3) may fix the compensation of employees of the office, subject to the approval of the budget agency under IC 4-12-1-13; and

(4) may delegate the director's authority to the appropriate office staff.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-6Adoption of rules

     Sec. 6. The office may adopt rules under IC 4-22-2 to carry out its responsibilities under this chapter.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-34-7Transfer of duties and liability

     Sec. 7. (a) All powers, duties, liabilities, records, property, appropriations, and employees of the office of energy and defense development as of June 30, 2013, that are related to defense or defense development are transferred to the office as the successor office.

     (b) Rules of the office of energy and defense development related to defense or defense development that were adopted before July 1, 2013, are transferred to the office and shall be treated after June 30, 2013, as though they had been adopted by the office.

As added by P.L.34-2013, SEC.6.

 

IC 4-4-35Chapter 35. Repealed

Repealed by P.L.237-2017, SEC.7.

 

IC 4-4-36Chapter 36. Expired

Expired 12-31-2016 by P.L.187-2014, SEC.8.

 

IC 4-4-37Chapter 37. Historic Preservation and Rehabilitation Grant Program

 

           4-4-37-1Applicability
           4-4-37-1.3"Division"
           4-4-37-2"Office"
           4-4-37-3"Person"
           4-4-37-4"Preservation"
           4-4-37-5"Qualified expenditure"
           4-4-37-6"Rehabilitation"
           4-4-37-7Award of grants; maximum amount; agreement
           4-4-37-8Conditions for award of grants
           4-4-37-9Certifications by the office
           4-4-37-10Total amount of grants in a state fiscal year

 

IC 4-4-37-1Applicability

     Sec. 1. This chapter applies after June 30, 2016.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-1.3"Division"

     Sec. 1.3. As used in this chapter, "division" refers to the division of historic preservation and archeology of the department of natural resources established by IC 14-9-4-1.

As added by P.L.202-2016, SEC.1.

 

IC 4-4-37-2"Office"

     Sec. 2. As used in this chapter, "office" refers to the office of community and rural affairs established by IC 4-4-9.7-4.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-3"Person"

     Sec. 3. As used in this chapter, "person" means any individual, partnership, firm, association, joint venture, limited liability company, or corporation.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-4"Preservation"

     Sec. 4. (a) As used in this chapter, "preservation" means the application of measures to sustain the form, integrity, and material of:

(1) a building or structure; or

(2) the form of property.

     (b) The term includes stabilization work and the maintenance of historic building materials.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-5"Qualified expenditure"

     Sec. 5. (a) As used in this chapter, "qualified expenditures" means expenditures for preservation or rehabilitation that are chargeable to a capital account and limited for a project to the exterior of a building.

     (b) The term does not include costs that are incurred to do the following:

(1) Acquire a property or an interest in a property.

(2) Pay taxes due on a property.

(3) Enlarge an existing structure.

(4) Pay realtor's fees associated with a structure or property.

(5) Pay paving and landscaping costs.

(6) Pay sales and marketing costs.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-6"Rehabilitation"

     Sec. 6. As used in this chapter, "rehabilitation" means the process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving the parts or features of the property that are significant to the historical or architectural values of the property.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-37-7Award of grants; maximum amount; agreement

     Sec. 7. (a) The office may award a grant to a person who submits plans for the preservation or rehabilitation of historic property and obtains the certifications required under section 8 of this chapter.

     (b) The maximum amount of a grant awarded under this section is equal to thirty-five percent (35%) of the qualified expenditures, not to exceed one hundred thousand dollars ($100,000), that:

(1) the person makes for the preservation or rehabilitation of historic property; and

(2) are approved by the office.

     (c) Each grant shall be made under a grant agreement by and between the office and the person receiving the grant. The grant agreement must include all of the following:

(1) A timeline for completing the project, including milestones that the person commits to achieving by the time specified.

(2) The approved plans for the preservation or rehabilitation of the historic property.

(3) The estimated cost of the preservation or rehabilitation of the historic property and all sources of money for the project.

(4) The financing plan by the person proposing the project.

(5) The remedies available to the office if the grant is made and the project does not substantially comply with the proposed plan approved under this chapter.

(6) Any other terms or conditions the office considers appropriate.

As added by P.L.213-2015, SEC.39. Amended by P.L.202-2016, SEC.2.

 

IC 4-4-37-8Conditions for award of grants

     Sec. 8. The office may award a grant to a person if all the following conditions are met:

(1) The historic property is:

(A) located in Indiana;

(B) at least fifty (50) years old; and

(C) owned by the person. This requirement does not apply to a nonprofit organization facilitating a qualified affordable housing project.

(2) The office certifies that the historic property is listed in or eligible to be listed in:

(A) the register of Indiana historic sites and historic structures; or

(B) the National Register of Historic Places, either individually or as a contributing resource in a National Register District.

(3) The office certifies that the person submitted a proposed preservation or rehabilitation plan to the division that complies with the standards of the division.

(4) The submitted plan referenced in section 7 of this chapter complies with the program guidelines established by the office.

(5) The historic property is to be:

(A) actively used in a trade or business;

(B) held for the production of income; or

(C) held for the rental or other use in the ordinary course of the person's trade or business.

(6) The qualified expenditures for preservation or rehabilitation of the historic property exceed ten thousand dollars ($10,000).

As added by P.L.213-2015, SEC.39. Amended by P.L.202-2016, SEC.3.

 

IC 4-4-37-9Certifications by the office

     Sec. 9. The office may provide the certifications referred to in section 8(3) of this chapter if a person's proposed preservation or rehabilitation plan complies with the standards of the office and the person's preservation or rehabilitation work complies with the plan.

As added by P.L.213-2015, SEC.39. Amended by P.L.202-2016, SEC.4.

 

IC 4-4-37-10Total amount of grants in a state fiscal year

     Sec. 10. The total amount of grants awarded under this chapter in a particular state fiscal year may not exceed the amount appropriated by the general assembly to the office for making grants under this chapter in that state fiscal year.

As added by P.L.213-2015, SEC.39.

 

IC 4-4-38Chapter 38. Broadband Grants for Unserved Areas

 

           4-4-38-1"Office"
           4-4-38-2"Qualified broadband project"
           4-4-38-3"Qualified broadband project expenses"
           4-4-38-4"Qualified broadband provider"
           4-4-38-5"Qualified broadband service"
           4-4-38-6"Unserved area"
           4-4-38-7Grants for qualified broadband projects; rural economic development fund; priorities; publication of applications; comments or objections
           4-4-38-8Awarding of grants; required considerations; conditions
           4-4-38-9Office to adopt guidelines; collaboration with state and local agencies
           4-4-38-10Annual report to general assembly; contents; triennial audit by state board of accounts
           4-4-38-11Confidential or proprietary business information; nondisclosure

 

IC 4-4-38-1"Office"

     Sec. 1. As used in this chapter, "office" refers to the office of community and rural affairs established by IC 4-4-9.7-4.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-2"Qualified broadband project"

     Sec. 2. As used in this chapter, "qualified broadband project" means a project for the deployment of broadband infrastructure for the provision of qualified broadband service, regardless of the delivery technology, in unserved areas in Indiana.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-3"Qualified broadband project expenses"

     Sec. 3. (a) As used in this chapter, "qualified broadband project expenses" means capital expenses directly related to a qualified broadband project, including design, construction, engineering, permitting, and testing expenses.

     (b) The term does not include operating or maintenance expenses related to a qualified broadband project.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-4"Qualified broadband provider"

     Sec. 4. As used in this chapter, "qualified broadband provider" means any company, firm, corporation, partnership, or association that, at the time of submission of a grant application under this chapter:

(1) either:

(A) has been providing broadband service to at least one hundred (100) residences and businesses in Indiana for at least three (3) consecutive years; or

(B) is:

(i) a corporation organized under IC 8-1-13; or

(ii) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13;

that provides or will provide, alone or in conjunction with one (1) or more other legal entities, broadband service within the corporation's electric service territory; and

(2) has demonstrated, to the satisfaction of the office:

(A) financial;

(B) technical; and

(C) operational;

capability in building and operating a broadband network.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-5"Qualified broadband service"

     Sec. 5. As used in this chapter, "qualified broadband service" means a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream, regardless of the technology or medium used to provide the connection.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-6"Unserved area"

     Sec. 6. As used in this chapter, "unserved area" means a geographic area of Indiana, identified at the census block level, in which there is not at least one (1) provider of terrestrial broadband service offering a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-7Grants for qualified broadband projects; rural economic development fund; priorities; publication of applications; comments or objections

     Sec. 7. (a) Subject to:

(1) subsection (b);

(2) section 8 of this chapter; and

(3) IC 4-4-9.7-9(f);

the office shall establish procedures for awarding grants from the rural economic development fund established by IC 4-4-9.7-9 to qualified broadband providers for qualified broadband project expenses incurred in connection with qualified broadband projects.

     (b) In awarding grants under this chapter, the office shall establish the following priorities:

(1) First, extending the deployment of qualified broadband service to areas in which:

(A) Internet connections are unavailable; or

(B) the only available Internet connections provide capacity for transmission at an actual speed of less than ten (10) megabits per second downstream.

(2) Second, extending the deployment of high speed Internet service to areas in which the only available Internet connections provide capacity for transmission at an actual speed of:

(A) not less than ten (10) megabits; and

(B) not more than twenty-five (25) megabits;

per second downstream.

     (c) Subject to section 11 of this chapter, the office shall publish on the office's Internet web site all grant applications received by the office under this chapter. For each grant application received, the office shall establish a period of at least thirty (30) days from the date the application is published on the office's Internet web site under this subsection, during which time the office will accept comments or objections concerning the application. The office shall consider all comments or objections received under this subsection in making a determination as to whether to award a grant to an applicant under this chapter.

As added by P.L.177-2018, SEC.5. Amended by P.L.215-2018(ss), SEC.1.

 

IC 4-4-38-8Awarding of grants; required considerations; conditions

     Sec. 8. (a) In determining whether to award a grant under this chapter in connection with a proposed qualified broadband project, the office shall consider the following:

(1) Awarding grants under this chapter with a preference for funding proposed qualified broadband projects that will provide Internet connections to the most unserved areas at the highest speeds for the lowest grant amount per area.

(2) The community's need for, and the likely economic impact of, the proposed qualified broadband project in the unserved area.

(3) Demonstrated community support for the proposed qualified broadband project, including the certification of one (1) or more communities to be served by the project as broadband ready communities under IC 5-28-28.5.

(4) The likelihood that the unserved area will not be served with qualified broadband service without state grant funding.

(5) Whether funding has been allocated for the unserved area from the federal Connect America Fund or from any other similar federal funding program.

(6) Whether the broadband infrastructure proposed in connection with the qualified broadband project is scalable to higher download and upload speeds.

(7) Awarding grants for qualified broadband projects that will serve a larger unserved area or a greater number of locations within an unserved area.

(8) The useful life of the broadband network proposed to be deployed.

(9) The technical, managerial, and financial capabilities of the applicant.

(10) The ability of the applicant to commit to providing at least twenty percent (20%) of the cost to deploy the proposed broadband infrastructure. When multiple applicants apply for a grant to provide broadband service to the same census block within an unserved area, the office may establish a preference for approving applications with a greater capital contribution by the applicant.

(11) Any proposed plans to encourage the adoption and use of broadband services within the unserved area.

(12) Any other factors the office considers appropriate to enable the deployment of broadband infrastructure to provide qualified broadband service in unserved areas in Indiana.

     (b) The following conditions apply to the awarding of grants under this chapter:

(1) The office shall not award a grant with respect to any geographic area if information made available to the office, through comments or objections received under section 7(c) of this chapter or otherwise, indicates any of the following:

(A) The area is already being served by at least one (1) provider offering qualified broadband service in the area. However, any person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks in the area are unserved areas. Upon receiving a petition described in this clause, the office shall notify all broadband providers operating in all census blocks included in the petition. Those broadband providers may in turn demonstrate to the office that the locations included in the petition:

(i) are already served with qualified broadband service; or

(ii) will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.

(B) The area is currently being built out for qualified broadband service by a qualified broadband provider, and the construction is scheduled to be completed within one (1) year of the date of an application under this chapter.

(C) The area is currently planned for qualified broadband service expansion by a qualified broadband provider:

(i) without state grant funding; and

(ii) with project completion forecast not later than eighteen (18) months after the date of an application under this chapter.

If the office denies a grant on the basis of clause (A)(ii), (B), or (C), the qualified broadband provider involved in the current or planned project, as applicable, shall provide the office with a schedule for completion of the current or planned build out. The qualified broadband provider shall also provide the office with quarterly status updates, beginning three (3) months after the office's decision denying a grant for the area, concerning any work done toward completion of the project described in clause (A)(ii), (B), or (C). If the qualified broadband provider fails to provide a schedule for completion or a status report by the date required by the office, or if the office determines that the time frame for project completion described in clause (A)(ii), (B), or (C), as applicable, will likely not be met, the office may award a grant under this chapter with respect to the area and shall provide notice of that fact to all former applicants that were previously denied a grant under this chapter with respect to the area on the basis of clause (A)(ii), (B), or (C). The qualified broadband provider that failed to provide a schedule or report, or that failed to meet the time frame for project completion described in clause (A)(ii), (B), or (C), may not use this subdivision to subsequently challenge the awarding of a grant under this chapter with respect to the same area.

(2) The office shall not award a grant to any applicant that is receiving for the same unserved area for which a grant is sought under this chapter:

(A) a federal grant; or

(B) another state grant;

to provide qualified broadband service to the area under a grant program the express purpose of which is to provide broadband service to unserved areas.

(3) The office shall not discriminate between different types of technology used to provide qualified broadband service in connection with proposed qualified broadband projects.

(4) The office shall seek any assurances that may be necessary or appropriate to ensure that proposed qualified broadband projects will be substantially completed within the time period set forth in a grant application under this chapter.

(5) The office shall condition the release of any grant funds awarded under this chapter on:

(A) the progressive completion, as measured on a not more than quarterly basis, of the approved qualified broadband project; and

(B) operational testing, when possible, to confirm the level of service proposed in the grant application.

Once funds have been released in accordance with this subdivision, all authority and ownership of the broadband infrastructure vests with the qualified broadband provider that built the infrastructure.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-9Office to adopt guidelines; collaboration with state and local agencies

     Sec. 9. (a) The office shall adopt guidelines to implement this chapter, including guidelines governing:

(1) the form and content of requests to provide qualified broadband service to an unserved area;

(2) the form and content of applications for grants under this chapter;

(3) a competitive bidding process or a process for requests for proposals for qualified broadband projects;

(4) a process by which a broadband provider may challenge the designation of an area as unserved; and

(5) a process by which:

(A) a person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks are unserved areas; and

(B) upon the filing of a petition described in clause (A):

(i) the office notifies all broadband providers operating in all census blocks included in the petition; and

(ii) those broadband providers have the opportunity to demonstrate to the office that the locations included in the petition are already served with qualified broadband service or will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.

     (b) In adopting the guidelines described in subsection (a) or in otherwise administering this chapter, the office may collaborate with or seek guidance from:

(1) the Indiana economic development corporation established by IC 5-28-3-1;

(2) the broadband ready communities development center established by IC 5-28-28.5-5;

(3) the Indiana department of transportation established by IC 8-23-2-1; and

(4) any other agencies of the state or of political subdivisions of the state.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-10Annual report to general assembly; contents; triennial audit by state board of accounts

     Sec. 10. (a) Not later than August 1 of each year, the office shall submit to the general assembly a report on the office's activities under this chapter during the most recent state fiscal year, including the following:

(1) The number, amounts, and recipients of grants awarded under this chapter.

(2) The status of any funded qualified broadband projects.

(3) Expenses incurred and funds spent by the office in administering this chapter.

(4) A list of the entities, if any, that the office collaborated with in administering this chapter.

(5) An accounting of funds in the rural economic development fund established by IC 4-4-9.7-9, including funds awarded as grants under this chapter.

(6) The number of locations in Indiana to which broadband infrastructure has been deployed with the use of grant funds under this chapter, including address-level information for newly connected locations.

(7) The overall progress of the deployment of broadband infrastructure for the provision of qualified broadband service in unserved areas in Indiana.

A report to the general assembly under this subsection must be in an electronic format under IC 5-14-6.

     (b) Every three (3) years, beginning in 2021, the state board of accounts shall conduct an audit of the awarding of grants under this chapter during the most recent three (3) state fiscal years. A report of an audit conducted under this subsection shall be submitted to the general assembly in an electronic format under IC 5-14-6 not later than December 31 of the calendar year that includes the end of the third state fiscal year covered by the audit.

As added by P.L.177-2018, SEC.5.

 

IC 4-4-38-11Confidential or proprietary business information; nondisclosure

     Sec. 11. The office, and any agency or any political subdivision with which the office cooperates or consults in administering this chapter:

(1) shall not disclose information designated as confidential or proprietary business information by a grant applicant or recipient; and

(2) shall execute appropriate nondisclosure agreements to prevent the disclosure of confidential or proprietary business information in connection with grants awarded under this chapter.

As added by P.L.177-2018, SEC.5.

 

IC 4-5ARTICLE 5. SECRETARY OF STATE

 

           Ch. 1.Secretary of State
           Ch. 2.Custodian of Public Records
           Ch. 3.Repealed
           Ch. 4.Repealed
           Ch. 5.Repealed
           Ch. 6.Repealed
           Ch. 7.Repealed
           Ch. 8.Repealed
           Ch. 9.Repealed
           Ch. 10.Technology Enhancement and Service Improvement

 

IC 4-5-1Chapter 1. Secretary of State

 

           4-5-1-1Commencement of term; bond
           4-5-1-2Preservation of documents; indexing system; copying by micrographic or equivalent technique; standards for copies; copies of rules
           4-5-1-3Copies of records and documents; evidence; official acts and proceedings of governor; inspection of records
           4-5-1-4Certified copies of documents
           4-5-1-5Repealed
           4-5-1-6Repealed
           4-5-1-7Repealed
           4-5-1-8Repealed
           4-5-1-9Deputy
           4-5-1-10Repealed
           4-5-1-11Secretary of state adoption of rules to enforce motor vehicle dealer laws
           4-5-1-12Dealer services division; director to be appointed
           4-5-1-13Adoption of rules to carry out precious metal dealer registration

 

IC 4-5-1-1Commencement of term; bond

     Sec. 1. (a) The individual elected as secretary of state shall take office on January 1 following the individual's election.

     (b) The secretary of state, before entering upon the duties of office, shall execute an official bond with freehold or corporate security. Freehold surety must be approved by the governor.

Formerly: Acts 1852,1RS, c.96, s.1. As amended by Acts 1978, P.L.12, SEC.1; P.L.8-1995, SEC.67.

 

IC 4-5-1-2Preservation of documents; indexing system; copying by micrographic or equivalent technique; standards for copies; copies of rules

     Sec. 2. (a) The secretary of state shall keep and preserve the following:

(1) The enrolled copy of the constitution of the state.

(2) The manuscripts containing the enrolled acts and joint resolutions of the general assembly.

(3) All the official bonds of state officers except the secretary of state's bond.

(4) All written contracts to which the state is a party, unless required to be deposited elsewhere.

(5) Any rule or other agency statement that is filed under IC 4-22-2 before July 1, 2006.

     (b) All documents described in subsection (a)(1), (a)(2), or (a)(5) may be transferred by the secretary of state to the Indiana archives and records administration for safekeeping, and the administration shall receive and safely preserve them when transferred. The secretary of state and the Indiana archives and records administration shall establish an indexing system so that the secretary of state, an agency, or the Indiana archives and records administration can comply with a request under IC 5-14-3 to inspect or copy a transferred document described in subsection (a)(5), including the full text of a matter incorporated by reference into a document described in subsection (a)(5). The indexing system must at least identify transferred documents by the following:

(1) Indiana Administrative Code citation.

(2) Indiana Register document control number or volume and page number.

(3) Year of adoption.

(4) General subject matter.

     (c) Regardless of whether a document described in subsection (a)(1) or (a)(2) is transferred to the Indiana archives and records administration under subsection (b), when deemed expedient or necessary for the preservation of the documents, the secretary of state may copy the documents by any micrographic or equivalent technique, and the copies shall be stored in a place other than in the state capitol building or the Indiana state library.

     (d) The secretary of state may copy in micrographic or equivalent form the complete contents of each rule that is filed with the secretary of state's office under IC 4-22-2 before July 1, 2006. Both the rule and the full text of matters incorporated by reference into the rule may be copied.

     (e) Copies prepared under subsection (d) must conform with the following:

(1) The standards developed by the supreme court and the oversight commission on public records under IC 5-15-5.1-8.

(2) The standards developed in an agreement between the secretary of state, the publisher of the Indiana Register, the governor, the attorney general, the Indiana library and historical department, and the Indiana archives and records administration.

     (f) The secretary of state may copy, micrographically or through an equivalent method, documents under subsection (d):

(1) in the laboratory operated under IC 5-15-5.1-8 by the Indiana archives and records administration;

(2) with equipment and technology operated by the secretary of state; or

(3) through a contract for services procured under IC 5-22.

     (g) When a document is copied, whether micrographically or through an equivalent method, under this section, the original documents shall never be destroyed. However, if the secretary of state has the capacity to make certifiable copies of the rules described in subsection (d) using micrographic or other media, the secretary of state may return to the agency from which any rule originated the full text of any matter that is incorporated by reference into the rule and copied micrographically or through an equivalent method.

Formerly: Acts 1852,1RS, c.96, s.2; Acts 1957, c.5, s.1. As amended by Acts 1978, P.L.12, SEC.2; Acts 1979, P.L.40, SEC.6; P.L.31-1985, SEC.39; P.L.11-1996, SEC.1; P.L.49-1997, SEC.3; P.L.123-2006, SEC.1; P.L.85-2012, SEC.1; P.L.171-2015, SEC.1.

 

IC 4-5-1-3Copies of records and documents; evidence; official acts and proceedings of governor; inspection of records

     Sec. 3. (a) If certified and sealed by the secretary of state with the state seal, any copy (including a copy that has been reproduced from a micrographic copy prepared under section 2 of this chapter) of any records, laws, acts, official bonds, registers, rules, or papers that are required by law to be kept in the office of the secretary of state shall, in all cases, be evidence equally and in like manner as the originals.

     (b) The secretary of state shall attest all the official acts and proceedings of the governor and affix the seal of state, with the attestation, to all commissions, pardons, and other public instruments to which the signature of the governor is required.

     (c) The secretary of state shall permit all the books, bonds, conveyances, registers, papers, accounts, and transactions of the secretary of state's office to be open at all times to the inspection and examination of any committee of either branch of the general assembly.

     (d) The secretary of state shall furnish information in writing upon any subject relating to the duties of the secretary of state's office to the governor, whenever required.

Formerly: Acts 1852, 1RS, c.96, s.3. As amended by Acts 1978, P.L.12, SEC.3; P.L.31-1985, SEC.40; P.L.215-2016, SEC.28.

 

IC 4-5-1-4Certified copies of documents

     Sec. 4. The secretary of state shall furnish, on demand, to any person, a duly certified copy of all or any part of any law, act, record, public register, public document, or other instrument of writing on file, or deposited, under law, to be kept, in the secretary of state's office, and of which a copy may be properly given.

Formerly: Acts 1852, 1RS, c.96, s.4. As amended by P.L.215-2016, SEC.29.

 

IC 4-5-1-5Repealed

Formerly: Acts 1852, 1RS, c.96, s.5. As amended by Acts 1905, c.4, s.1. Repealed by Acts 1971, P.L.20, SEC.7.

 

IC 4-5-1-6Repealed

Formerly: Acts 1852, 1RS, c.96, s.6. Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-1-7Repealed

Formerly: Acts 1852, 1RS, c.96, s.7. Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-1-8Repealed

Formerly: Acts 1852, 1RS, c.96, s.9. Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-1-9Deputy

     Sec. 9. The secretary may appoint a deputy, who may perform the duties of the office of secretary.

Formerly: Acts 1852, 1RS, c.96, s.10. As amended by Acts 1978, P.L.12, SEC.4.

 

IC 4-5-1-10Repealed

As added by P.L.3-1987, SEC.494. Repealed by P.L.176-1999, SEC.133 and P.L.202-1999, SEC.27.

 

IC 4-5-1-11Secretary of state adoption of rules to enforce motor vehicle dealer laws

     Sec. 11. The secretary of state may adopt and enforce rules under IC 4-22-2 that are necessary to carry out IC 9-32.

As added by P.L.184-2007, SEC.1. Amended by P.L.106-2008, SEC.2; P.L.197-2011, SEC.2; P.L.92-2013, SEC.1.

 

IC 4-5-1-12Dealer services division; director to be appointed

     Sec. 12. (a) The secretary of state shall establish a dealer services division within the office of the secretary of state. The dealer services division shall administer IC 9-32.

     (b) The secretary of state shall appoint a director of the dealer services division established by subsection (a).

As added by P.L.92-2013, SEC.2. Amended by P.L.174-2016, SEC.1.

 

IC 4-5-1-13Adoption of rules to carry out precious metal dealer registration

     Sec. 13. The secretary of state may adopt and enforce rules under IC 4-22-2 necessary to carry out IC 24-4-19-13(b) concerning precious metal dealer registration.

As added by P.L.222-2013, SEC.1.

 

IC 4-5-2Chapter 2. Custodian of Public Records

 

           4-5-2-1Custodian of public records; duties
           4-5-2-2Repealed

 

IC 4-5-2-1Custodian of public records; duties

     Sec. 1. The secretary of state shall be the custodian of the public records of the state of Indiana, except as required by law to be deposited elsewhere, and shall keep the secretary of state's office and all books and papers pertaining to the office in places in the state buildings as may be assigned. The secretary of state shall arrange, record, file, register, index, and keep all books, blanks, reports, orders, receipts, accounts, papers, documents, and business pertaining to the secretary of state's office, or deposited in the secretary of state's office, and in a form and manner as will make the items most convenient to access.

Formerly: Acts 1873, c.81, s.1. As amended by Acts 1978, P.L.12, SEC.5; P.L.215-2016, SEC.30.

 

IC 4-5-2-2Repealed

Formerly: Acts 1873, c.81, s.2. Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-3Chapter 3. Repealed

Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-4Chapter 4. Repealed

Repealed by Acts 1972, P.L.18, SEC.2.

 

IC 4-5-5Chapter 5. Repealed

Repealed by Acts 1971, P.L.20, SEC.7.

 

IC 4-5-6Chapter 6. Repealed

Repealed by Acts 1972, P.L.18, SEC.2.

 

IC 4-5-7Chapter 7. Repealed

Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-8Chapter 8. Repealed

Repealed by Acts 1972, P.L.18, SEC.2.

 

IC 4-5-9Chapter 9. Repealed

Repealed by Acts 1978, P.L.12, SEC.9.

 

IC 4-5-10Chapter 10. Technology Enhancement and Service Improvement

 

           4-5-10-1Purpose; public information system; business formation
           4-5-10-2Fees
           4-5-10-3Access to information through computer gateway
           4-5-10-4Applicability of IC 5-14-3 to records
           4-5-10-5Electronic and enhanced access fund

 

IC 4-5-10-1Purpose; public information system; business formation

     Sec. 1. (a) As used in this section, "person" includes:

(1) an individual engaged in a trade or business; and

(2) a business entity or association described in IC 23.

     (b) The office of technology established by IC 4-13.1-2-1 and the secretary of state shall establish policies and procedures for providing electronic and enhanced access under this chapter to create and maintain uniform policies and procedures for electronic and enhanced access by the public.

     (c) The secretary of state, in collaboration with other state agencies, including the department of workforce development and the department of state revenue, shall develop and maintain an Internet web site through which a person is able to submit information simultaneously to the secretary of state and other state agencies about the person's formation, existence, or other trade, business, business entity, or association activities for the purpose of complying with the requirements of state law, including requirements concerning:

(1) pre-establishment;

(2) establishment;

(3) registration;

(4) reinstatement;

(5) licenses or permits;

(6) filings or reports; and

(7) transacting payments or refunds.

The secretary of state shall assign to each business entity registered through the Internet web site a unique business identification number. The secretary of state, the department of state revenue, the department of workforce development, and other state agencies sharing information on the Internet web site relating to a business entity shall use the business entity's unique business identification number.

     (d) If the secretary of state requests assistance from a state agency in the development and maintenance of the Internet web site described in subsection (c), the state agency, including the department of workforce development and the department of state revenue, shall furnish the requested assistance. The assistance shall be provided at no cost to the secretary of state.

     (e) The secretary of state shall annually, on or before November 1, report to the legislative council about the progress of the Internet web site described in subsection (c). The report must be made:

(1) in an electronic format submitted in accordance with IC 5-14-6; and

(2) in person, if requested by the legislative council.

As added by P.L.260-1997(ss), SEC.38. Amended by P.L.177-2005, SEC.3; P.L.114-2011, SEC.1; P.L.146-2014, SEC.1.

 

IC 4-5-10-2Fees

     Sec. 2. The secretary of state may:

(1) establish; and

(2) modify;

at any time fees to provide electronic and enhanced access to information maintained by the secretary of state.

As added by P.L.260-1997(ss), SEC.38.

 

IC 4-5-10-3Access to information through computer gateway

     Sec. 3. Electronic and enhanced access to information shall be provided through the computer gateway administered by the office of technology established by IC 4-13.1-2-1.

As added by P.L.260-1997(ss), SEC.38. Amended by P.L.177-2005, SEC.4.

 

IC 4-5-10-4Applicability of IC 5-14-3 to records

     Sec. 4. IC 5-14-3 shall apply to all records of a private party to an agreement with the secretary of state under this chapter which are directly related to the subject matter of the agreement.

As added by P.L.260-1997(ss), SEC.38.

 

IC 4-5-10-5Electronic and enhanced access fund

     Sec. 5. (a) The electronic and enhanced access fund is established to do the following:

(1) Improve and enhance the technology necessary and desirable to fulfill the duties of the secretary of state and state agencies as provided in section 1 of this chapter.

(2) Improve service to customers of the secretary of state and state agencies as provided in section 1 of this chapter.

(3) Provide the public electronic and other enhanced access to information maintained by:

(A) the secretary of state under IC 23 or IC 26; and

(B) the secretary of state and state agencies as provided in section 1 of this chapter.

(4) Allow the public to conduct business electronically with the secretary of state and state agencies as provided in section 1 of this chapter.

(5) Acquire and finance technology necessary or desirable to accomplish the purposes stated in subdivisions (1) through (4), including the purchase or lease of hardware, software, and other appropriate goods and services.

The secretary of state may enter into one (1) or more agreements in furtherance of the purposes of this chapter.

     (b) The fund consists solely of the following:

(1) Electronic and enhanced access fees established and collected by the secretary of state under section 2 of this chapter.

(2) Other money specifically provided to the fund by law.

Fees collected by the secretary of state under IC 23 or IC 26 may not be deposited into the fund.

     (c) The secretary of state shall administer the fund.

     (d) The expenses of administering the fund shall be paid from money in the fund.

     (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (f) The secretary of state may use money in the fund to pay expenses related to the purposes of the fund as set forth in section 5 of the chapter, to make payments under any agreement authorized by subsection (a) or authorized by law and directly relating to the purpose of the fund, and monies in the fund are continuously appropriated for the purposes set forth in this chapter.

     (g) Money in the fund not currently needed to meet the obligations of the fund may be invested by either of the following:

(1) The treasurer of state in the same manner as other public funds may be invested.

(2) A financial institution designated by trust agreement with the secretary of state.

Interest that accrues from investment of money in the fund shall be deposited into the fund.

As added by P.L.260-1997(ss), SEC.38. Amended by P.L.114-2011, SEC.2.

 

IC 4-6ARTICLE 6. ATTORNEY GENERAL

 

           Ch. 1.The Attorney General
           Ch. 2.Powers and Duties
           Ch. 3.Duties in Civil Actions
           Ch. 4.Service of Copies on Attorney General in Actions, Cross-Actions, and Proceedings Against State, State Agency, or Employee
           Ch. 5.Deputies─Employment of Counsel by State Agencies Forbidden Without Consent of Attorney General
           Ch. 6.Special Deputies for Recovery of Public Funds
           Ch. 7.Assistants in Washington, D.C.
           Ch. 8.Duty to Study Federal Legislation and Authority to Join Organizations
           Ch. 9.Consumer Protection Division
           Ch. 9.1.Price Gouging in Declared Emergencies
           Ch. 10.State Medicaid Fraud Control Unit
           Ch. 11.Repealed
           Ch. 12.Homeowner Protection Unit
           Ch. 13.Identity Theft Unit
           Ch. 14.Health Records and Identifying Information Protection

 

IC 4-6-1Chapter 1. The Attorney General

 

           4-6-1-1Repealed
           4-6-1-2Creation of office; election; time of taking office
           4-6-1-3Qualifications; oath; bond
           4-6-1-4Deputies, assistants, clerks, and stenographers; appointment; oath
           4-6-1-5Salaries; expenses; seal; administration of oaths; acknowledgments
           4-6-1-6Rights, powers, and duties; consultation and advice to prosecuting attorneys; assisting in criminal prosecutions; representation of state

 

IC 4-6-1-1Repealed

Formerly: Acts 1941, c.109, s.1. As amended by P.L.5-1984, SEC.17. Repealed by P.L.4-1988, SEC.4.

 

IC 4-6-1-2Creation of office; election; time of taking office

     Sec. 2. There is created the office of attorney general for the state to be administered by an attorney general who shall be elected under IC 3-10-2-6 by the voters of the state. The term of office of the attorney general is four (4) years, beginning on the second Monday in January after election and continuing until a successor is elected and qualified.

Formerly: Acts 1941, c.109, s.2. As amended by P.L.5-1986, SEC.11.

 

IC 4-6-1-3Qualifications; oath; bond

     Sec. 3. The attorney general shall be a citizen of and duly licensed to practice law in Indiana. Before entering upon the discharge of the duties of the attorney general's office, the attorney general shall take and subscribe an oath of office to be administered to the attorney general in the usual form by any officer authorized to administer oaths; which oath shall be deposited in the office of the secretary of state. The attorney general shall also, previous to entering upon the duties of the office, properly execute and file with the secretary of state the attorney general's bond in the penal sum of fifty thousand dollars ($50,000), payable to the state of Indiana, with surety to the approval of the secretary of state, and conditioned for the faithful discharge of the attorney general's duties as attorney general; the premium on the bond shall be payable from state funds to be appropriated.

Formerly: Acts 1941, c.109, s.3. As amended by P.L.215-2016, SEC.31.

 

IC 4-6-1-4Deputies, assistants, clerks, and stenographers; appointment; oath

     Sec. 4. The attorney general shall have deputies, assistants, clerks, and stenographers as the attorney general considers necessary to promptly and efficiently perform the duties of the attorney general's office, and which shall be selected and appointed by the attorney general; they shall take and subscribe an oath of office to be administered in the usual form by any officer authorized to administer oaths, which shall be kept on file in the attorney general's office.

Formerly: Acts 1941, c.109, s.4. As amended by P.L.215-2016, SEC.32.

 

IC 4-6-1-5Salaries; expenses; seal; administration of oaths; acknowledgments

     Sec. 5. (a) The salaries of the deputies, assistants, clerks, and stenographers appointed by the attorney general are the reasonable amounts the attorney general may fix and determine, but not exceeding a total amount as will be appropriated therefor. In addition thereto, all expenses incident to the proper performance, including traveling expenses when engaged in the performance of their duties, shall be paid from public funds.

     (b) The attorney general shall provide an official seal which shall imprint the words "Attorney General, State of Indiana". The attorney general and each of the attorney general's deputies and assistants are authorized to administer oaths and take acknowledgments throughout Indiana. Verifications need not be attested by the official seal. Any acknowledgment shall be attested by the official seal of the attorney general.

Formerly: Acts 1941, c.109, s.5; Acts 1945, c.163, s.1. As amended by P.L.3-1989, SEC.16.

 

IC 4-6-1-6Rights, powers, and duties; consultation and advice to prosecuting attorneys; assisting in criminal prosecutions; representation of state

     Sec. 6. All the rights, powers, and duties conferred by law upon the attorney general are conferred upon the attorney general created by this chapter; in addition thereto, the attorney general shall consult with and advise the several prosecuting attorneys of the state in relation to the duties of their office, and when, in the attorney general's judgment, the interest of the public requires it, the attorney general shall attend the trial of any party accused of an offense, and assist in the prosecution; and shall represent the state in any matter involving the rights or interests of the state, including actions in the name of the state, for which provision is not otherwise made by law.

Formerly: Acts 1941, c.109, s.6. As amended by Acts 1978, P.L.2, SEC.402; P.L.215-2016, SEC.33.

 

IC 4-6-2Chapter 2. Powers and Duties

 

           4-6-2-1Prosecuting and defending suits by or against state and state officers
           4-6-2-1.1Concurrent jurisdiction with prosecuting attorney of certain actions
           4-6-2-1.3Regulation of athlete agents
           4-6-2-1.5Suits against state government officials or employees, teachers, school corporations, fiscal management board members; defense by attorney general; letter summarizing teachers' rights
           4-6-2-2Authority to prosecute or defend suits
           4-6-2-3Residence; office; presence in office during business hours
           4-6-2-4Opinions; records; accounts; pending cases
           4-6-2-5Opinions
           4-6-2-6Collection of costs, licenses, money, fines, penalties, or forfeitures; escheats; reports of money due state
           4-6-2-7Repealed
           4-6-2-8Reports
           4-6-2-9Reports of officers; money collected by attorney general
           4-6-2-10Law books
           4-6-2-11Compromise of claims
           4-6-2-12Authority of the attorney general to investigate human trafficking

 

IC 4-6-2-1Prosecuting and defending suits by or against state and state officers

     Sec. 1. (a) The attorney general shall prosecute and defend all suits instituted by or against the state of Indiana, the prosecution and defense of which is not otherwise provided for by law, whenever the attorney general has been given ten (10) days' notice of the pendency of the suit by the clerk of the court in which the suit is pending, or whenever the governor or a majority of the officers of state require the attorney general in writing, with reasonable notice, to prosecute or defend a suit. The attorney general shall represent the state in all criminal cases in the Supreme Court, and shall defend all suits brought against the state officers in their official relations, except suits brought against them by the state; and the attorney general shall be required to attend to the interests of the state in all suits, actions, or claims in which the state is or may become interested in the Supreme Court of this state.

     (b) The attorney general may not defend a member (as defined in IC 2-2.1-4-5) in an action for legislative bolting brought under IC 2-2.1-4.

Formerly: Acts 1889, c.71, s.4; Acts 1921, c.85, s.2. As amended by P.L.229-2011, SEC.43; P.L.215-2016, SEC.34.

 

IC 4-6-2-1.1Concurrent jurisdiction with prosecuting attorney of certain actions

     Sec. 1.1. The attorney general has concurrent jurisdiction with the prosecuting attorney in the prosecution of the following:

(1) Actions in which a person is accused of committing, while a member of an unlawful assembly as defined in IC 35-45-1-1, a homicide (IC 35-42-1).

(2) Actions in which a person is accused of assisting a criminal (IC 35-44.1-2-5), if the person alleged to have been assisted is a person described in subdivision (1).

(3) Actions in which a sheriff is accused of any offense that involves a failure to protect the life of a prisoner in the sheriff's custody.

(4) Actions in which a violation of IC 2-8.2-4-6 (concerning constitutional convention delegates) has occurred.

As added by Acts 1977, P.L.26, SEC.1. Amended by P.L.126-2012, SEC.6; P.L.182-2013, SEC.2; P.L.205-2013, SEC.54.

 

IC 4-6-2-1.3Regulation of athlete agents

     Sec. 1.3. The attorney general shall perform all functions, duties, and responsibilities necessary to regulate athlete agents under IC 25-5.2.

As added by P.L.54-2001, SEC.1.

 

IC 4-6-2-1.5Suits against state government officials or employees, teachers, school corporations, fiscal management board members; defense by attorney general; letter summarizing teachers' rights

     Sec. 1.5. (a) Whenever any state governmental official or employee, whether elected or appointed, is made a party to a suit, and the attorney general determines that said suit has arisen out of an act which such official or employee in good faith believed to be within the scope of the official's or employee's duties as prescribed by statute or duly adopted regulation, the attorney general shall defend such person throughout such action.

     (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a party to a civil suit, and the attorney general determines that the suit has arisen out of an act that the teacher in good faith believed was within the scope of the teacher's duties in enforcing discipline policies developed under IC 20-33-8-12, the attorney general shall defend the teacher throughout the action.

     (c) Not later than July 30 of each year, the attorney general, in consultation with the Indiana education employment relations board established in IC 20-29-3-1, shall draft and disseminate a letter by first class mail to the residence of teachers providing a summary of the teacher's rights and protections under state and federal law, including a teacher's rights and protections relating to the teacher's performance evaluation under IC 20-28-11.5.

     (d) The department of education, in consultation with the Indiana education employment relations board, shall develop a method to provide the attorney general with the names and addresses of active teachers in Indiana in order for the attorney general to disseminate the letter described in subsection (c). Names and addresses collected and provided to the attorney general under this subsection are confidential and excepted from public disclosure as provided in IC 5-14-3-4.

     (e) Whenever a school corporation (as defined in IC 20-26-2-4) is made a party to a civil suit and the attorney general determines that the suit has arisen out of an act authorized under IC 20-30-5-0.5 or IC 20-30-5-4.5, the attorney general shall defend the school corporation throughout the action.

     (f) Whenever a member of the fiscal management board appointed under IC 6-1.1-20.3-6.8 is made a party to a civil suit and the attorney general determines that the suit has arisen out of an act by the fiscal management board member that is authorized or required under IC 6-1.1-20.3 or any other law, the attorney general shall defend the fiscal management board member throughout the action.

     (g) A determination by the attorney general under subsection (a), (b), (e), or (f) shall not be admitted as evidence in the trial of any such civil action for damages.

     (h) Nothing in this chapter shall be construed to deprive any such person of the person's right to select counsel of the person's own choice at the person's own expense.

Formerly: Acts 1971, P.L.21, SEC.1. As amended by P.L.16-1990, SEC.1; P.L.1-2005, SEC.56; P.L.78-2005, SEC.1; P.L.121-2009, SEC.1; P.L.239-2015, SEC.1; P.L.149-2016, SEC.9; P.L.241-2017, SEC.1.

 

IC 4-6-2-2Authority to prosecute or defend suits

     Sec. 2. The attorney general shall not, in any case, be required to exhibit to any court the attorney general's authority for appearing in and conducting the prosecution or defense of any suit, unless the attorney general's authority be denied under oath, in which case the attorney general's commission shall be all the evidence required.

Formerly: Acts 1889, c.71, s.5. As amended by P.L.215-2016, SEC.35.

 

IC 4-6-2-3Residence; office; presence in office during business hours

     Sec. 3. The attorney general shall reside in Indiana, and the attorney general shall keep the attorney general's office in the statehouse, and the attorney general shall, on all business days, during business hours, be at the office, in person or by deputy, unless engaged in court or elsewhere in the service of the state.

Formerly: Acts 1889, c.71, s.6. As amended by P.L.215-2016, SEC.36; P.L.69-2017, SEC.1.

 

IC 4-6-2-4Opinions; records; accounts; pending cases

     Sec. 4. It shall be the duty of the attorney general to keep a record of all opinions given by the attorney general to the governor, the general assembly, or to any of the state officers, and an accurate account of all money collected or received by the attorney general, in substantially bound books, and to pay over to the proper officer all money collected at the end of each month; and the attorney general shall also keep a record of all criminal cases pending in the Supreme Court, and of all civil cases in which it is the attorney general's duty to appear.

Formerly: Acts 1889, c.71, s.7. As amended by P.L.215-2016, SEC.37.

 

IC 4-6-2-5Opinions

     Sec. 5. The attorney general shall give the attorney general's legal opinion to the governor upon request, touching upon any question or point of law in which the interests of the state may be involved. The attorney general shall give the attorney general's opinion to any other state officer touching upon any question or point of law concerning the duties of the officer; and also, to either house of the general assembly or to any legislative agency created under action of the general assembly, on the constitutionality of any existing or proposed law, upon request by resolution of the house or legislative agency, and the attorney general shall not be required to advise any other officer or person.

Formerly: Acts 1889, c.71, s.8; Acts 1959, c.230, s.1. As amended by P.L.215-2016, SEC.38.

 

IC 4-6-2-6Collection of costs, licenses, money, fines, penalties, or forfeitures; escheats; reports of money due state

     Sec. 6. (a) The attorney general shall ascertain the amounts paid to any person for court costs under IC 33-37, licenses, money unclaimed in estates or guardianships, fines, penalties, or forfeitures, or monies that escheat to the state under IC 29-1-2-1 or from any other source where the money is required to be paid to the state or to any officer in trust for the state. In all cases where an officer required to collect the money fails to do so after the cause of action in favor of the state has accrued, or fails to sue for and recover any property belonging to or which may escheat to the state, the attorney general shall institute all necessary proceedings to compel the payment of the money or recovery of the property. The payment to or collection by the attorney general of any of the funds does not render an officer liable to an action on the officer's bond by any other officer or person.

     (b) The officers having the custody of the money shall report to the attorney general, upon oath or affirmation, all facts pertaining to it, upon the attorney general's demand, in person, by deputy or assistants, or in writing.

     (c) An officer who fails to render the information upon demand commits a Class C infraction.

Formerly: Acts 1889, c.71, s.9. As amended by Acts 1977, P.L.2, SEC.3; Acts 1978, P.L.2, SEC.403; P.L.192-1986, SEC.2; P.L.305-1987, SEC.2; P.L.98-2004, SEC.46.

 

IC 4-6-2-7Repealed

Formerly: Acts 1889, c.71, s.10. Repealed by P.L.4-1988, SEC.4.

 

IC 4-6-2-8Reports

     Sec. 8. It shall be the duty of the attorney general to make a biennial report to the governor of the business and condition of the attorney general's office, and to make a report to the auditor of state at the end of each fiscal year of all collections made by the attorney general and the manner of disbursement.

Formerly: Acts 1889, c.71, s.12. As amended by P.L.215-2016, SEC.39.

 

IC 4-6-2-9Reports of officers; money collected by attorney general

     Sec. 9. (a) It shall be the duty of any officer or person from whom the attorney general, or any of the attorney general's deputies or assistants, shall collect or receive money due the state, to report at once to the auditor of state, on blanks to be furnished by the attorney general, the sum or sums received or collected.

     (b) The auditor of state shall keep a record of the reports described in subsection (a).

Formerly: Acts 1889, c.71, s.13. As amended by P.L.215-2016, SEC.40.

 

IC 4-6-2-10Law books

     Sec. 10. Such law books as the Supreme Court in their judgment shall deem necessary for use in the attorney-general's office shall be purchased and paid for out of any money in the treasury not otherwise appropriated.

Formerly: Acts 1889, c.71, s.14.

 

IC 4-6-2-11Compromise of claims

     Sec. 11. No claim in favor of the state shall be compromised without the approval of the governor and attorney-general, and such officers are hereby empowered to make such compromise when, in their judgment, it is the interest of the state so to do.

Formerly: Acts 1889, c.71, s.15.

 

IC 4-6-2-12Authority of the attorney general to investigate human trafficking

     Sec. 12. (a) The attorney general has the same authority as a law enforcement agency (as defined in IC 35-47-15-2) to:

(1) access (as defined in IC 35-43-2-3); and

(2) maintain;

information regarding a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking).

     (b) The attorney general may assist with the investigation and prosecution of an alleged violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4 (human trafficking). However, the attorney general does not have the power to arrest or criminally prosecute individuals for a violation of IC 35-42-3.5-1 through IC 35-42-3.5-1.4.

As added by P.L.162-2014, SEC.1. Amended by P.L.144-2018, SEC.2.

 

IC 4-6-3Chapter 3. Duties in Civil Actions

 

           4-6-3-1Definitions
           4-6-3-2Direction of prosecutions brought in the name of the state
           4-6-3-2.3Use of lawsuit settlements
           4-6-3-2.5Contingency fee contracts
           4-6-3-3Investigative demand; issuance
           4-6-3-4Investigative demand; required provisions; sales of synthetic drugs
           4-6-3-5Investigative demand; prohibited provisions
           4-6-3-6Application to enforce investigative demand; procedure; contempt; order
           4-6-3-6.5Sanctions for failure to comply with demand
           4-6-3-7Certain evidence; admissibility in criminal prosecutions
           4-6-3-8Abridgment of limitations on self-incrimination prohibited
           4-6-3-9Materials obtained under investigative demand; confidentiality
           4-6-3-10Documentary material; custody, use, and preservation
           4-6-3-11Documentary material; return
           4-6-3-12Repealed

 

IC 4-6-3-1Definitions

     Sec. 1. As used in this chapter:

     "Documentary material" means the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, chart, or other document.

     "Local agency" means an administration, agency, authority, board, bureau, commission, committee, council, department division, institution, office, officer, service, or other similar body of a political subdivision created or established pursuant to law.

     "Person" means a human being, an incorporated or unincorporated organization, or association, a trustee or legal representative, the state of Indiana, a political subdivision, a state or local agency, or a group of such persons acting in concert.

     "Political subdivision" means a county, township, city, town, municipal corporation as defined in IC 36-1-2-10, or a special taxing district.

     "State agency" means an administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of state government created or established pursuant to law.

Formerly: Acts 1899, c.133, s.1. As amended by Acts 1982, P.L.20, SEC.1.

 

IC 4-6-3-2Direction of prosecutions brought in the name of the state

     Sec. 2. (a) The attorney general shall have charge of and direct the prosecution of all civil actions that are brought in the name of the state of Indiana or any state agency.

     (b) In no instance under this section shall the state or a state agency be required to file a bond.

     (c) This section does not affect the authority of prosecuting attorneys to prosecute civil actions.

     (d) This section does not affect the authority of the inspector general to prosecute a civil action under IC 4-2-7-6 for the recovery of any of the following:

(1) Funds misappropriated, diverted, missing, or unlawfully gained.

(2) A civil penalty imposed by the state ethics commission under IC 4-2-6-12.

     (e) The attorney general may bring an action to collect unpaid registration fees owed by a commercial dog broker or a commercial dog breeder under IC 15-21.

As added by Acts 1982, P.L.20, SEC.2. Amended by P.L.222-2005, SEC.15; P.L.111-2009, SEC.1; P.L.126-2012, SEC.7; P.L.136-2012, SEC.2.

 

IC 4-6-3-2.3Use of lawsuit settlements

     Sec. 2.3. When the attorney general proposes language to a court or settlement committee for the purpose of a court order, the attorney general shall include language specifically permitting settlement funds to be used for any purpose allowable under state law.

As added by P.L.217-2017, SEC.37.

 

IC 4-6-3-2.5Contingency fee contracts

     Sec. 2.5. (a) As used in this section, "agency" means a state agency or a body corporate and politic.

     (b) An agency may not enter into a contingency fee contract with a private attorney unless the agency makes a written determination before entering into the contract that contingency fee representation is cost effective and in the public interest. The written determination must include the specific findings described in subsection (c).

     (c) The written determination described in subsection (b) must include a consideration of the following factors:

(1) Whether the agency has sufficient and appropriate legal and financial resources to handle the matter.

(2) The time and labor required to conduct the litigation.

(3) The novelty, complexity, and difficulty of the questions involved in the litigation.

(4) The expertise and experience required to perform the attorney services properly.

(5) The geographic area where the attorney services are to be provided.

     (d) If the agency makes the determination described in subsection (b), the attorney general shall request proposals from private attorneys wishing to provide services on a contingency fee basis, unless the agency determines in writing that requesting proposals is not feasible under the circumstances.

     (e) After the agency has made the determination in subsection (b) and selected a private attorney, but before the agency and the attorney enter into a contract to provide services on a contingency fee basis, the inspector general shall make a determination in writing that entering into the contract would not violate the code of ethics or violate any statute or agency rule concerning conflict of interest. An agency may not enter into a contingency fee contract with a private attorney unless the inspector general has made a written determination under this subsection.

     (f) A private attorney who enters into a contingency fee contract with the agency shall maintain detailed contemporaneous time records for the attorneys and paralegals working on the matter in increments of not greater than one-tenth (1/10) of an hour and shall, upon request, promptly provide these records to the attorney general.

     (g) The agency may not enter into a contingency fee contract that provides for the private attorney to receive an aggregate contingency fee that exceeds the sum of the following:

(1) Twenty-five percent (25%) of any recovery that exceeds two million dollars ($2,000,000) and that is not more than ten million dollars ($10,000,000).

(2) Twenty percent (20%) of any part of a recovery of more than ten million dollars ($10,000,000) and not more than fifteen million dollars ($15,000,000).

(3) Fifteen percent (15%) of any part of a recovery of more than fifteen million dollars ($15,000,000) and not more than twenty million dollars ($20,000,000).

(4) Ten percent (10%) of any part of a recovery of more than twenty million dollars ($20,000,000) and not more than twenty-five million dollars ($25,000,000).

(5) Five percent (5%) of any part of a recovery of more than twenty-five million dollars ($25,000,000).

An aggregate contingency fee may not exceed fifty million dollars ($50,000,000), excluding reasonable costs and expenses, regardless of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery.

     (h) Copies of any executed contingency fee contract, the inspector general's written determination, and the agency's written determination to enter into a contingency fee contract with the private attorney shall be provided to the attorney general and, unless the attorney general determines that disclosing the contingency fee contract while the action is pending is not in the best interests of the state, the contract shall be posted on the attorney general's web site for public inspection not later than five (5) business days after the date the contract is executed and must remain posted on the web site for the duration of the contingency fee contract, including any extensions to the original contract. Any payment of contingency fees shall be posted on the attorney general's web site not later than fifteen (15) days after the payment of the contingency fees to the private attorney, and must remain posted on the web site for at least one (1) year. If the attorney general determines that disclosing the contingency fee contract is not in the best interests of the state under this subsection, the contract shall be posted on the attorney general's web site not later than fifteen (15) days after the action is concluded.

     (i) Every agency that has hired or employed a private attorney on a contingency fee basis in the calendar year shall submit a report describing the use of contingency fee contracts with private attorneys to the attorney general before October 1 of each year. The report must include the following:

(1) A description of all new contingency fee contracts entered into during the year and all previously executed contingency fee contracts that remain current during any part of the year. The report must include, for each contract:

(A) the name of the private attorney with whom the department has contracted, including the name of the attorney's law firm;

(B) the nature and status of the legal matter;

(C) the name of the parties to the legal matter;

(D) the amount of any recovery; and

(E) the amount of any contingency fee paid.

(2) A copy of all written determinations made under this section during the year.

The attorney general shall compile the reports and submit a comprehensive report to the legislative council before November 1 of each year. The report must be in an electronic format under IC 5-14-6.

As added by P.L.101-2011, SEC.1.

 

IC 4-6-3-3Investigative demand; issuance

     Sec. 3. If the attorney general has reasonable cause to believe that a person may be in possession, custody, or control of documentary material, or may have knowledge of a fact that is relevant to an investigation conducted to determine if a person is or has been engaged in a violation of IC 4-6-9, IC 4-6-10, IC 13-14-10, IC 13-14-12, IC 13-24-2, IC 13-30-4, IC 13-30-5, IC 13-30-8, IC 23-7-8, IC 24-1-2, IC 24-5-0.5, IC 24-5-7, IC 24-5-8, IC 24-9, IC 25-1-7, IC 32-34-1, or any other statute enforced by the attorney general or is or has been engaged in a criminal violation of IC 13, only the attorney general may issue in writing, and cause to be served upon the person or the person's representative or agent, an investigative demand that requires that the person served do any combination of the following:

(1) Produce the documentary material for inspection and copying or reproduction.

(2) Answer under oath and in writing written interrogatories.

(3) Appear and testify under oath before the attorney general or the attorney general's duly authorized representative.

As added by Acts 1982, P.L.20, SEC.3. Amended by P.L.27-1983, SEC.1; P.L.12-1986, SEC.1; P.L.31-1995, SEC.1; P.L.1-1996, SEC.23; P.L.2-2002, SEC.24; P.L.73-2004, SEC.3; P.L.137-2007, SEC.1.

 

IC 4-6-3-4Investigative demand; required provisions; sales of synthetic drugs

     Sec. 4. An investigative demand shall contain the following:

(1) A general description of the subject matter being investigated and a statement of the applicable provisions of law.

(2) The date, time, and place at which the person is to appear, answer written interrogatories, or produce documentary material or other tangible items. The date shall not be less than ten (10) days from the date of service of the demand. However, the attorney general may demand and obtain immediate access to records and materials if access is necessary for purposes of investigating alleged violations relating to sales or solicited sales of a synthetic drug (as defined in IC 35-31.5-2-321) or a synthetic drug lookalike substance (as defined in IC 35-31.5-2-321.5).

(3) Where the production of documents or other tangible items is required, a description of those documents or items by class with sufficient clarity so that they might be reasonably identified.

As added by Acts 1982, P.L.20, SEC.4. Amended by P.L.196-2013, SEC.1.

 

IC 4-6-3-5Investigative demand; prohibited provisions

     Sec. 5. An investigative demand may not:

(1) contain a requirement that would be unreasonable if contained in a subpoena or subpoena duces tecum issued by a court in a grand jury investigation; or

(2) require the giving of oral testimony, the production of written answers to interrogatories, or the production of documentary material that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court in aid of a grand jury investigation.

As added by Acts 1982, P.L.20, SEC.5.

 

IC 4-6-3-6Application to enforce investigative demand; procedure; contempt; order

     Sec. 6. (a) If a person objects or otherwise fails to obey a written demand issued under section 3 of this chapter, the attorney general may file in the circuit or superior court of the county in which that person resides or maintains a principal place of business within the state an application for an order to enforce the demand. If the person does not reside or maintain a principal place of business in Indiana, the application for the order to enforce the demand may be filed in the Marion County circuit or superior court. Notice of hearing and a copy of the application shall be served upon that person, who may appear in opposition to the application. The attorney general must demonstrate to the court that the demand is proper. If the court finds that the demand is proper, it shall order that person to comply with the demand, subject to such modification as the court may prescribe.

     (b) If a person fails or refuses to obey a final order entered under subsection (a) or an order imposing sanctions under section 6.5 of this chapter, the court may hold the person in contempt.

     (c) Upon motion by that person and for good cause shown, the court may make any further order in the proceedings which justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, expense, or to protect privileged information, trade secrets or information which is confidential under any other provision of law. If the court finds that either party has acted in bad faith in seeking or resisting the demand, it may order that person to pay the other parties reasonable expenses including attorney's fees.

As added by Acts 1982, P.L.20, SEC.6. Amended by P.L.136-2007, SEC.1; P.L.65-2014, SEC.1.

 

IC 4-6-3-6.5Sanctions for failure to comply with demand

     Sec. 6.5. (a) This section applies only to a:

(1) foreign corporation that does business in Indiana;

(2) foreign limited liability company that does business in Indiana; and

(3) person who does not reside or maintain a principal place of business in Indiana.

     (b) If a person listed in subsection (a) fails or refuses to comply with a written demand issued under section 3 of this chapter, the court may, upon the request of the attorney general or on the court's own initiative, impose one (1) or more of the following sanctions against the person:

(1) Granting injunctive relief to restrain the person from engaging in the:

(A) advertising or sale of any merchandise; or

(B) conducting of any trade or commerce;

if the alleged or suspected violation involves the merchandise, trade, or commerce.

(2) Revoking or suspending the certificate of authority of the person to do business in Indiana.

(3) Enjoining the person from doing business with or being a contractor for the state of Indiana.

(4) Revoking or suspending any other license, permit, or certificate issued under law to the person which is necessary to perform services or engage in transactions in the industry, field, or trade that the alleged or suspected violation under this chapter occurred.

(5) Granting other relief as may be required, until the person fully complies with the investigative demand.

As added by P.L.65-2014, SEC.2.

 

IC 4-6-3-7Certain evidence; admissibility in criminal prosecutions

     Sec. 7. Evidence obtained from a human person pursuant to the provisions of this chapter may not be introduced in a subsequent criminal prosecution of that person unless it was obtained by a means independent of this chapter.

As added by Acts 1982, P.L.20, SEC.7.

 

IC 4-6-3-8Abridgment of limitations on self-incrimination prohibited

     Sec. 8. This chapter shall not be construed to limit or abridge any limitation on self-incrimination established by law.

As added by Acts 1982, P.L.20, SEC.8.

 

IC 4-6-3-9Materials obtained under investigative demand; confidentiality

     Sec. 9. (a) All documentary material, answers to written interrogatories, and transcripts of oral testimony that are provided pursuant to an investigative demand shall be kept confidential by the attorney general until an action is filed against a person for the violation under investigation, unless:

(1) confidentiality is waived by the person being investigated and the person who has testified, answered interrogatories, or produced documentary material; or

(2) disclosure is made by the attorney general to another state or federal attorney general or law enforcement agency for the purposes of cooperation in law enforcement of state or federal laws.

     (b) All documentary material, answers to written interrogatories, and transcripts of oral testimony that are provided to the attorney general pursuant to an investigative demand issued by another state or federal attorney general or law enforcement agency under similar authority shall be treated as if obtained pursuant to an investigative demand issued by the attorney general under section 3 of this chapter.

As added by Acts 1982, P.L.20, SEC.9. Amended by P.L.65-2014, SEC.3; P.L.5-2015, SEC.5.

 

IC 4-6-3-10Documentary material; custody, use, and preservation

     Sec. 10. The attorney general is responsible for the custody, use, and necessary preservation of the documentary material made available pursuant to an investigative demand and for its return as provided by this chapter.

As added by Acts 1982, P.L.20, SEC.10.

 

IC 4-6-3-11Documentary material; return

     Sec. 11. When original documentary material made available pursuant to an investigative demand is no longer required for use in a pending proceeding, or, absent any pending proceeding, is no longer required in connection with the investigation for which it was demanded, or at the end of the twenty-four (24) months following the date when the material was made available, whichever is sooner, it shall be returned, unless a request to extend the period beyond twenty-four (24) months has been filed in a court in which a request for an order compelling compliance pursuant to section 6 of this chapter be filed. This section does not require the return of documentary material that has passed into the control of a court or grand jury.

As added by Acts 1982, P.L.20, SEC.11.

 

IC 4-6-3-12Repealed

As added by P.L.17-1997, SEC.1. Repealed by P.L.190-2006, SEC.10.

 

IC 4-6-4Chapter 4. Service of Copies on Attorney General in Actions, Cross-Actions, and Proceedings Against State, State Agency, or Employee

 

           4-6-4-1Actions against state, state agencies, and officers and employees; service of pleadings, motions, and court rulings; time requirement suspended until service; notice of trial date in probate proceedings
           4-6-4-2Method of service
           4-6-4-3Service of summons or process

 

IC 4-6-4-1Actions against state, state agencies, and officers and employees; service of pleadings, motions, and court rulings; time requirement suspended until service; notice of trial date in probate proceedings

     Sec. 1. Whenever any action, counter-claim, petition, or cross-complaint is filed in any court in this state in which the state of Indiana or any board, bureau, commission, department, division, agency, or officer or employee in the employee's capacity as an employee of the state of Indiana is a party and the attorney general is required or authorized to appear or defend, or when the attorney general is entitled to be heard, a copy of the complaint, cross-complaint, petition, bill, or pleading shall be served on the attorney general and the action, cross-action, or proceeding shall not be considered to be commenced as to the state or any board, bureau, commission, department, division, agency, or officer or employee in the employee's capacity as an employee of the state of Indiana until service. Whenever the attorney general has appeared in any suit, action, or proceeding, copies of all motions, demurrers, petitions, and pleadings filed shall be served upon the attorney general by the party filing the motion, demurrer, petition, or pleading. The clerk of the court shall cause to be served upon the attorney general a copy of the ruling made by the court upon the motions, demurrers, petitions, and pleadings, and the ruling shall not be considered effective in any manner as against the attorney general or as against the state of Indiana or any board, bureau, commission, department, division, agency, or officer or employee in the employee's capacity as an employee of the state of Indiana unless and until a copy shall be served upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. In any action in which the attorney general is required or authorized to appear or defend or entitled to be heard, in which action some matter or thing occurs upon which occurrence time begins to run, the running of time shall be suspended as to the attorney general until service is had upon the attorney general or any deputy attorney general as provided in section 2 of this chapter. Whenever any claim filed for and on behalf of the state of Indiana or any board, bureau, commission, department, division, agency, officer, or institution of the state of Indiana in any estate or guardianship pending in any court having probate jurisdiction in the state of Indiana is not allowed and the clerk of the court, administrator, administratrix, executor, executrix, or guardian transfers the claim to the trial docket, the claim shall not be disposed of nor shall any disposition made of the claim be deemed to be a final adjudication unless and until due notice of the trial date of the claim shall be served on the attorney general or any deputy attorney general as provided in section 2 of this chapter at least ten (10) days prior to the date set for trial of the claim.

Formerly: Acts 1945, c.3, s.1; Acts 1947, c.196, s.1; Acts 1965, c.374, s.1. As amended by P.L.5-1984, SEC.18; P.L.215-2016, SEC.41.

 

IC 4-6-4-2Method of service

     Sec. 2. Whenever service on the attorney general is required by this chapter, such service may be made by handing it to the attorney general or any deputy attorney general or by mailing the same to the attorney general by registered mail return receipt requested.

Formerly: Acts 1945, c.3, s.2. As amended by P.L.5-1984, SEC.19.

 

IC 4-6-4-3Service of summons or process

     Sec. 3. This chapter shall in no way affect or apply to the service of summons or process as provided by law but the requirements in this chapter are in addition thereto.

Formerly: Acts 1945, c.3, s.3. As amended by P.L.5-1984, SEC.20.

 

IC 4-6-5Chapter 5. Deputies─Employment of Counsel by State Agencies Forbidden Without Consent of Attorney General

 

           4-6-5-1Power to appoint and assign deputy attorneys general; removal from office
           4-6-5-2Qualifications; oath; direction and control
           4-6-5-3Written consent; employment of attorneys or special general counsel
           4-6-5-4Repealed
           4-6-5-5Repealed
           4-6-5-6Definitions; exemptions from act

 

IC 4-6-5-1Power to appoint and assign deputy attorneys general; removal from office

     Sec. 1. The attorney general of the state of Indiana shall have the sole right and power to appoint all necessary deputy attorneys general, and to assign any deputy so appointed to any agency of the state of Indiana to perform in behalf of such agency and the state any and all of the rights, powers or duties that are conferred by law or laws upon the attorney general, or done by any attorney, counselor, or deputy attorney general for such agency. The attorney general shall have the power and authority to remove any deputy at any time.

Formerly: Acts 1943, c.70, s.1. As amended by P.L.136-2018, SEC.6.

 

IC 4-6-5-2Qualifications; oath; direction and control

     Sec. 2. No more deputies shall be appointed and assigned to any agency than may be required by the work of such assignment, nor shall any deputy be appointed who is not a competent attorney. Each deputy shall take and subscribe an oath of office to be administered in the usual form by an officer authorized to administer oaths, which oath shall be kept on file with the attorney-general. It shall be the duty of the attorney-general and such deputy to co-operate and advise with such agency concerning the duties and legal work to be performed, but such deputy shall be under the direction and control of the attorney-general.

Formerly: Acts 1943, c.70, s.2.

 

IC 4-6-5-3Written consent; employment of attorneys or special general counsel

     Sec. 3. (a) No agency, except as provided in this chapter, shall have any right to name, appoint, employ, or hire any attorney or special or general counsel to represent it or perform any legal service in behalf of the agency and the state without the written consent of the attorney general.

     (b) An attorney employed by an agency is subject to IC 34-46-3-1 and Trial Rule 26(B) of the Indiana Rules of Trial Procedure, commonly referred to as the attorney-client and work product privileges, if the requirements to assert the protection and privilege have been satisfied.

Formerly: Acts 1943, c.70, s.3. As amended by P.L.5-1984, SEC.21; P.L.242-2015, SEC.1.

 

IC 4-6-5-4Repealed

Formerly: Acts 1943, c.70, s.4. Repealed by Acts 1977, P.L.27, SEC.5.

 

IC 4-6-5-5Repealed

Formerly: Acts 1943, c.70, s.5. Repealed by Acts 1977, P.L.27, SEC.5.

 

IC 4-6-5-6Definitions; exemptions from act

     Sec. 6. (a) The term "competent attorney", as used in this chapter, means a citizen of this state who has been duly licensed to practice law in this state.

     (b) The term "agency", whenever used in this chapter, means and includes any board, bureau, commission, department, agency, or instrumentality of the state of Indiana; provided, however, this chapter shall not be construed to apply where:

(1) An appointee has by law duties of a quasi-judicial nature.

(2) Counsel by law is required to represent the public, as distinguished from the state of Indiana, or its agencies.

(3) A substantial part of the duties is in collecting and maintaining statistical information and a legislative reference library.

(4) A constitutional officer of the state is by law made a board, bureau, commission, department, agency, or instrumentality of the state of Indiana.

Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1. As amended by P.L.5-1984, SEC.22; P.L.136-2018, SEC.7.

 

IC 4-6-6Chapter 6. Special Deputies for Recovery of Public Funds

 

           4-6-6-1Appointment
           4-6-6-2Qualifications; oath
           4-6-6-3Compensation
           4-6-6-4Compensation; payment from recoveries or disbursing officers
           4-6-6-5Demand for return and repayment of funds before appointment

 

IC 4-6-6-1Appointment

     Sec. 1. The attorney general of Indiana is hereby authorized to appoint and employ special deputies attorney general to assist in the conduct and prosecution of any civil proceedings which the attorney general is required to bring for the purpose of recovering any public funds in behalf of any city, town, township, county, or other governmental unit or public entity of the state under and pursuant to IC 5-11-5, IC 5-11-6, IC 5-11-7, or any other statute enacted on or after March 11, 1955, authorizing or requiring the attorney general to bring any such civil proceedings for the recovery of any such public funds.

Formerly: Acts 1955, c.284, s.1. As amended by P.L.5-1984, SEC.23.

 

IC 4-6-6-2Qualifications; oath

     Sec. 2. All special deputies attorney general appointed and employed under the provisions of this chapter shall be "competent attorneys" as defined in IC 4-6-5. Each such special deputy attorney general shall take and subscribe an oath of office to be administered in the usual form by an officer authorized to administer oaths, which oath shall be kept on file with the attorney general.

Formerly: Acts 1955, c.284, s.2. As amended by P.L.5-1984, SEC.24.

 

IC 4-6-6-3Compensation

     Sec. 3. Whenever any special deputy attorney general shall be appointed and employed under the provisions of this chapter, the compensation to be paid such special deputy attorney general shall be fixed by the attorney general of Indiana subject to the approval of the judge of the court in which such special deputy shall bring any action for the recovery of public funds, in an amount commensurate to the prevailing standard of attorneys' fees in the community or area in which such special deputy attorney general regularly engages in the practice of law. Said compensation shall be sufficient to enable any such special deputy attorney general to devote whatever time and facilities as may be necessary to investigate and prosecute any such civil proceedings to a final conclusion, including an appeal to the Indiana supreme court or court of appeals.

Formerly: Acts 1955, c.284, s.3. As amended by P.L.5-1984, SEC.25.

 

IC 4-6-6-4Compensation; payment from recoveries or disbursing officers

     Sec. 4. The compensation of any special deputy attorney general shall be payable from the amount recovered for the benefit of any city, town, township, county, or other governmental unit or public entity of the state as a result of the successful prosecution of any civil proceedings in which any special deputy attorney general has been appointed and employed, and the attorney general of Indiana is authorized to pay compensation to any special deputy attorney general from the amount and to remit the balance to the governmental unit or public entity on behalf of which the amount has been recovered. In the event any civil proceedings are unsuccessful and, upon prosecution to final conclusion, do not result in the recovery of any funds, compensation shall be payable from the funds of the governmental unit or public entity on behalf of which any civil proceedings may have been brought, and the disbursing officers of any and all governmental units or public entities of the state are authorized and directed to make payment in full of any compensation to any special duty attorney general, without an appropriation being made upon certification of the attorney general and the judge of the court in which the action was brought to any disbursing officer of the amount due any special deputy attorney general for the special deputy attorney general's services in connection with the conduct and prosecution of any civil proceedings.

Formerly: Acts 1955, c.284, s.4. As amended by P.L.215-2016, SEC.42.

 

IC 4-6-6-5Demand for return and repayment of funds before appointment

     Sec. 5. No special deputy attorney general shall be appointed or employed under the provisions of this chapter for the purpose of recovering any particular public funds unless and until the attorney general of Indiana shall have made demand for the return or repayment of such funds from the person or persons, and their sureties if any, who are liable for the return or repayment of such funds and such demand has been refused or remains unsatisfied for a period of thirty (30) days.

Formerly: Acts 1955, c.284, s.5. As amended by P.L.5-1984, SEC.26.

 

IC 4-6-7Chapter 7. Assistants in Washington, D.C.

 

           4-6-7-1Number of assistants
           4-6-7-2