.
State civil service system.
Introduced Version
HOUSE BILL No. 1207
_____
DIGEST OF INTRODUCED BILL
Citations Affected: Numerous citations throughout the Indiana Code.
Synopsis: State civil service system. Makes the following changes as
the result of the enactment of SECTION 56 of HEA
1001(P.L.229-2011) concerning the state civil service system: (1)
Removes responsibility for public employee collective bargaining from
the budget agency. (2) Removes references to a state employee who is
a party to a collective bargaining agreement or an employment contract
in connection with leave for bone marrow or organ donation. (3)
Amends or repeals provisions that conflict with the state civil service
system law concerning: (A) the director and environmental law judges
of the office of environmental adjudication; (B) the director and
employees of the state library and the historical bureau; (C) the director
of the state commission on public records; (D) veterans' home
personnel; (E) a superintendent of a state owned or operated
correctional facility; (F) employees of the protection and advocacy
service commission; (G) the director, administrative law judges,
property managers, and employees of the department of natural
resources; (H) the state veterinarian and employees of the board of
animal health; (I) employees of the state department of health; (J) the
superintendent of the school for the blind and visually impaired; (K)
the superintendent of the school for the deaf; (L) employees of the
department of labor; (M) employees of the civil rights commission; (N)
the commissioner and employees of the department of insurance; (O)
employees of the department of financial institutions; (P) the state
lottery commission; (Q) the victim services division of the criminal
justice institute; and (R) the appointment of assistants to administer
welfare activities in the county offices of the division of family
resources. (4) Provides that the executive director of the arts
commission is the commission's appointing authority. (5) Provides that
the director and employees of the state library and the historical bureau
(Continued next page)
Effective: July 1, 2012.
Davis
January 9, 2012, read first time and referred to Committee on Employment, Labor and
Pensions.
Digest Continued
are not subject to board
approval for appointment and removal. (6)
Removes restrictions on political activity by employees of the state
library, historical bureau, department of transportation, and department
of natural resources. (7) Removes the requirement for political party
balance in hiring at the law enforcement training academy, the
department of state revenue, the state police department, state board of
accounts, and the department of natural resources. (8) Provides that the
director of the criminal justice institute is the institute's appointing
authority. (9) Removes a reference to public retirement system
employee classifications covered by a labor agreement. (10) Removes
a requirement that the state examiner have experience as a field
examiner with the state board of accounts immediately before
appointment. (11) Eliminates a term of office for the director of the
state commission on public records, and provides that the director is
the commission's appointing authority. (12) Repeals unique personnel
provisions for employees of the department of transportation. (13)
Provides that the appointment of employees of the department of
veterans' affairs is not subject to approval by the veterans' affairs
commission. (14) Repeals obsolete transitional provisions concerning
employees of predecessor agencies of the department of homeland
security, state board of health, and department of workforce
development. (15) Repeals provisions concerning salary schedules and
contracts for teachers employed by the department of correction, state
institutions, special institutions administered by the state department
of health, school for the blind and visually impaired, and school for the
deaf. (16) Repeals an obsolete provision concerning the compensation
of district foresters and natural science managers. (17) Repeals a
provision requiring the restoration of an individual who served as
commissioner of labor to the same or similar position the individual
held before the individual's service. (18) Provides that the
commissioner of the department of insurance is the department's
appointing authority. (19) Makes technical corrections and conforming
amendments.
Introduced
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
HOUSE BILL No. 1207
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 3-9-2-13; (12)IN1207.1.1. -->
SECTION 1. IC 3-9-2-13 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 13. An individual may not solicit or receive a contribution
in violation of the following statutes:
(1) IC 4-23-7-3.5 (Indiana Library and Historical Department).
(2) IC 4-23-7.1-38 (Indiana State Library).
(3) IC 4-23-7.2-17 (Indiana Historical Bureau).
(4) IC 8-23-2-3 (Indiana Department of Transportation).
(5) IC 14-9-7-1 and IC 14-10-3-10 (Department of Natural
Resources).
SOURCE: IC 4-12-1-13; (12)IN1207.1.2. -->
SECTION 2. IC 4-12-1-13, AS AMENDED BY P.L.2-2007,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 13. (a) During the interval between sessions of the
general assembly, the budget agency shall make regular or, at the
request of the governor, special inspections of the respective
institutions of the state supported by public funds. The budget agency
shall report regularly to the governor relative to the physical condition
of such institutions, and any contemplated action of the institution on
a new or important matter, and on any other subject which such agency
may deem pertinent or on which the governor may require information.
The budget agency shall likewise familiarize itself with the best and
approved practices in each of such institutions and supply such
information to other institutions to make their operation more efficient
and economical.
(b) Except as to officers and employees of state educational
institutions, the executive secretary of the governor, the administrative
assistants to the governor, the elected officials, and persons whose
salaries or compensation are fixed by the governor pursuant to law, the
annual compensation of all persons employed by agencies of the state
shall be subject to the approval of the budget agency. Except as
otherwise provided by IC 4-15-1.8 and IC 4-15-2, IC 4-15-2.2, the
budget agency shall establish classifications and schedules for fixing
compensation, salaries and wages of all classes and types of employees
of any state agency or state agencies, and any and all other such
classifications affecting compensation as the budget agency shall deem
necessary or desirable. The classifications and schedules thus
established shall be filed in the office of the budget agency. Requests
by an appointing authority for salary and wage adjustments or personal
service payments coming within such classifications and schedules
shall become effective when approved by, and upon the terms of
approval fixed by, the budget agency. All personnel requests pertaining
to the staffing of programs or agencies supported in whole or in part by
federal funds are subject to review and approval by the state personnel
department under IC 4-15-1.8 and IC 4-15-2. IC 4-15-2.2.
(c) The budget agency shall review and approve, for the sufficiency
of funds, all payments for personal services which are submitted to the
auditor of state for payment.
(d) The budget agency shall review all contracts for personal
services or other services and no contract for personal services or other
services may be entered into by any agency of the state before the
written approval of the budget agency is given. Each demand for
payment submitted by an agency to the auditor of state under these
contracts must be accompanied by a copy of the budget agency
approval. No payment may be made by the auditor of state without
such approval. However, this subsection does not apply to a contract
entered into by:
(1) a state educational institution; or
(2) an agency of the state if the contract is not required to be
approved by the budget agency under IC 4-13-2-14.1.
(e) The budget agency shall review and approve the policy and
procedures governing travel prepared by the department of
administration under IC 4-13-1, before the travel policies and
procedures are distributed.
(f) The budget agency is responsible for reviewing and advising the
governor, as chief executive of the state, or the governor's designee, as
to whether any agreement reached pursuant to public employee
collective bargaining as provided by statute, other than IC 20-29, is
within the money legally available to the state as an employer.
(g) The budget director, or the director's designee, may serve as a
member of the negotiating team selected to represent the state as an
employer in the public employee collective bargaining procedure
pursuant to statute, other than IC 20-29.
(h) (f) The budget agency may adopt such policies and procedures
not inconsistent with law as it may deem advisable to facilitate and
carry out the powers and duties of the agency, including the execution
and administration of all appropriations made by law. IC 4-22-2 does
not apply to these policies and procedures.
SOURCE: IC 4-15-13-1; (12)IN1207.1.3. -->
SECTION 3. IC 4-15-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. As used in this
chapter, "state agency" has the meaning set forth in IC 4-15-1.8-1.
IC 4-15-2.2-9. However, the term includes the state police department.
SOURCE: IC 4-15-16-1; (12)IN1207.1.4. -->
SECTION 4. IC 4-15-16-1 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 1. This chapter applies to an employee of a state agency,
including an employee who is a party to:
(1) a collective bargaining agreement entered into after June 30,
2002, unless otherwise provided in the collective bargaining
agreement; or
(2) an employment contract with a state agency entered into after
June 30, 2002, unless otherwise provided in the employment
contract.
SOURCE: IC 4-21.5-7-6; (12)IN1207.1.5. -->
SECTION 5. IC 4-21.5-7-6, AS AMENDED BY P.L.99-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) An environmental law judge hired after July
1, 1995, and the director must:
(1) be attorneys admitted to the bar of Indiana;
(2) have at least five (5) years of experience practicing
administrative or environmental law in Indiana;
(3) be independent of the department of environmental
management; and
(4) be subject to all provisions applicable to an administrative law
judge under this article.
(b) The director or an environmental law judge may be removed for
cause under:
(1) this article;
(2) IC 4-15-2, through application of the standards for removal for
cause of a person in the state service (as defined in
IC 4-15-2-3.8); or
(3) applicable provisions of the code of judicial conduct.
(c) (b) The director may appoint a special environmental law judge.
The special environmental law judge must meet the requirements of
subsection (a).
SOURCE: IC 4-23-2-3; (12)IN1207.1.6. -->
SECTION 6. IC 4-23-2-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 3. In furtherance of its purposes and
duties, the commission shall have, and may exercise, the following
powers:
(a) (1) To employ an executive director. and such clerical and
other employees as may be necessary to carry out its duties;
(b) (2) To adopt, promulgate, amend and rescind such rules and
regulations not inconsistent with the provisions of this chapter as
it may deem necessary, acting in accordance with the provisions
of IC 4-22-2.
(c) (3) To hold public hearings.
(d) (4) To enter into contracts, within the limit of funds available
therefor, with individuals, organizations and institutions for
services furthering the objectives of the commission's programs.
(e) (5) To enter into contracts, within the limit of funds available
therefor, with local and regional not-for-profit corporations or
associations for cooperative endeavors furthering the objectives
of the commission's program.
(f) (6) To accept gifts, contributions and bequests of funds from
individuals, foundations, corporations, limited liability
companies, and other organizations or institutions.
(g) (7) To apply for, receive and disburse any funds available
from the state or federal government in furtherance of the
objectives of this chapter and to enter into any agreements which
may be required by the state or federal government as a condition
of obtaining such funds.
(h) (8) To make and sign any agreements and to do and perform
any acts that may be necessary to carry out its purposes and
duties.
SOURCE: IC 4-23-7-3.5; (12)IN1207.1.7. -->
SECTION 7. IC 4-23-7-3.5 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 3.5. No member of the library and historical board nor any
director or other employee of the department shall directly or indirectly
solicit subscription or contribution for any political party or political
purpose, or be forced in any way to make such contribution, or be
required to participate in any form of political activity.
SOURCE: IC 4-23-7.1-37; (12)IN1207.1.8. -->
SECTION 8. IC 4-23-7.1-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 37. (a) The board shall
appoint a director to be the chief administrative officer of the state
library.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the technique and organization of
library service;
(3) possess such other qualifications as the board, in its discretion,
may deem necessary.
(c) The director may be removed by the board at any time for cause.
SOURCE: IC 4-23-7.1-38; (12)IN1207.1.9. -->
SECTION 9. IC 4-23-7.1-38 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 38. (a) All state library employees, except the director,
shall be selected by the director with the approval of the board and may
be removed by the director for cause at any time with the approval of
the board.
(b) In making selections for employment recognition shall be given
to the fact that all certified librarians are under the Library Certification
Act and that other staff personnel are under IC 4-15-2.
(c) Any or all of the state library employees must have had such
academic preparation and special training for the work which they are
required to perform as may be prescribed in rules promulgated by the
board.
(d) The board may provide that appointments may be made only
after the applicant has successfully passed an examination given by the
board or some person designated by the board.
(e) No employee of the state library may directly or indirectly solicit
subscription or contribution for any political party or political purpose,
or be forced in any way to make such contribution, or be required to
participate in any form of political activity.
(f) The state budget agency shall fix the compensation of the
director. The director shall fix the compensation of the employees of
the state library with the approval of the board and the state budget
agency.
SOURCE: IC 4-23-7.2-16; (12)IN1207.1.10. -->
SECTION 10. IC 4-23-7.2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) The board shall
appoint a director to be the chief administrative officer of the historical
bureau.
(b) To qualify for the position of director, a person must:
(1) be a graduate of a college or university of recognized
standing;
(2) have had special training in the nature, relative value and use
of historical source material;
(3) have had special training in the editing of historical
publications; and
(4) possess such other qualifications as the board, in its discretion,
may deem necessary.
(c) The director may be removed by the board at any time for cause.
SOURCE: IC 4-23-7.2-17; (12)IN1207.1.11. -->
SECTION 11. IC 4-23-7.2-17 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 17. (a) All historical bureau employees, except the
director, shall be selected by the director with the approval of the board
and may be removed by the director for cause at any time with the
approval of the board.
(b) Any or all of the historical bureau employees must have had
such academic preparation and special training for the work which they
are required to perform as may be prescribed in rules promulgated by
the board.
(c) The board may provide that appointments may be made only
after the applicant has successfully passed an examination given by the
board or some person designated by the board.
(d) The state budget agency shall fix the compensation of the
director. The director shall fix the compensation of the employees of
the historical bureau, with the approval of the board and the state
budget agency.
(e) No employee of the historical bureau may directly or indirectly
solicit subscription or contribution for any political party or political
purpose, or be forced in any way to make such contribution, or be
required to participate in any form of political activity.
(f) All historical bureau employees are under IC 4-15-2.
SOURCE: IC 4-30-3-14; (12)IN1207.1.12. -->
SECTION 12. IC 4-30-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. The commission
shall establish and maintain a personnel program for its employees.
Employees of the commission serve at the pleasure of the director and
are subject to suspension, dismissal, reduction in pay, demotion,
transfer, or other personnel action at the discretion of the director.
Employees of the commission are not merit system employees under
IC 4-15-2. Except as provided in IC 4-30-6, employees may not be
hired or fired on the basis of political affiliation.
SOURCE: IC 5-2-1-14; (12)IN1207.1.13. -->
SECTION 13. IC 5-2-1-14, AS AMENDED BY P.L.1-2006,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 14. There is hereby created the position of
executive director of the law enforcement training board. The executive
director shall be selected by the board and the executive director's
tenure of office shall be protected by a four (4) year, renewable
contract of employment which may be terminated earlier by the board
only for inefficiency, incompetence, neglect of duty, or other good
cause after having been accorded a hearing by the board upon
reasonable notice of the charge being made against the executive
director. A vote of at least eleven (11) members of the board shall be
necessary for the early termination of said contract of employment. The
executive director shall be selected on the basis of education, training,
and experience and shall have at least ten (10) years experience as an
active law enforcement officer, at least five (5) years of which shall
have been in an executive or administrative capacity. The executive
director shall perform such duties as may be assigned by the board and
shall be the chief administrative officer of the law enforcement
academy. The salary and compensation for the executive director, the
training staff, and employees shall be fixed by the board with the
approval of the governor. The executive director shall establish a table
of organization to be supplemented with job descriptions for each
position subordinate to that of the executive director, all of which shall
be subject to the approval of the board. All persons hired to fill such
approved vacancies shall be selected on the basis of qualifications and
merit based on training, education, and experience. through
competitive examinations except that the filling of all new positions
shall be made so as to maintain in each equivalent position not more
than one-half (1/2) of members of either of the two (2) major political
parties. Employees and members of the training staff shall not be
subject to discharge, demotion, or suspension because of political
affiliation, but may be discharged, demoted, or suspended only for
cause after charges preferred in writing by the executive director. Any
person so discharged or disciplined shall have a right to a hearing
before the board if such person requests a hearing by giving notice to
the executive director within fifteen (15) days after receiving written
notice of discharge or disciplinary action. Procedures shall be
consistent with IC 4-21.5.
SOURCE: IC 5-2-6-5; (12)IN1207.1.14. -->
SECTION 14. IC 5-2-6-5, AS AMENDED BY P.L.3-2008,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 5. (a) The institute is composed of:
(1) the trustees; and
(2) a research and information consortium.
(b) The trustees shall:
(1) evaluate and disseminate to the public information concerning
the cost and effectiveness of the criminal and juvenile justice
systems;
(2) promote coordination and cooperation for the effective
administration of the criminal and juvenile justice systems;
(3) establish plans for the criminal and juvenile justice systems
and make recommendations concerning the implementation of
these plans;
(4) encourage and assist in the organization of an academic
consortium for the purpose of engaging in research;
(5) receive, expend, and account for state funds made available
for the purposes of this chapter;
(6) apply for and accept gifts and grants (which must be
administered as public funds) made for the purposes of this
chapter;
(7) enter into lawful agreements as required as a condition for
receiving gifts, grants, or other funds for the purposes of this
chapter;
(8) employ a director; (or directors of divisions) and any
necessary staff;
(9) adopt rules, under IC 4-22-2, necessary to carry out the
purposes of this chapter; and
(10) promulgate guidelines concerning participation in the
research and information consortium.
(c) The research and information consortium is composed of state
educational institutions that are engaged in criminal or juvenile justice
research under the direction of the trustees. A state or local
governmental entity may participate in the consortium. The consortium
shall act as an advisory body to the institute and perform other related
functions as requested by the trustees.
(d) The trustees shall meet quarterly and at such times as called by
the chairman. A majority of the trustees constitutes a quorum for doing
business. A majority vote of the trustees is required for passage of any
matter put to a vote. The trustees shall establish procedures and
requirements with respect to the place and conduct of their meetings.
(e) A trustee is not entitled to the minimum salary per diem as
provided in IC 4-10-11-2.1(b) while performing the trustee's duties. A
trustee is entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the trustee's duties, as
provided in the state travel policies and procedures established by the
department of administration and approved by the state budget agency.
SOURCE: IC 5-2-6.1-24; (12)IN1207.1.15. -->
SECTION 15. IC 5-2-6.1-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 24. (a) The division
shall employ sufficient hearing officers to review each application for
an award to carry out this chapter.
(b) Hearing officers must have at least three (3) semesters of legal
training at an accredited law school or have equivalent training and
experience under standards prescribed by the director.
SOURCE: IC 5-10.5-2-4; (12)IN1207.1.16. -->
SECTION 16. IC 5-10.5-2-4, AS ADDED BY P.L.23-2011,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. For purposes of IC 34-13-2, IC 34-13-3, and
IC 34-13-4, the board, the system, and all employees of the board or the
system are public employees (as defined in IC 34-6-2-38). All
employees of the board or a fund administered by the board who are
employed within a classification covered by a labor agreement to which
the state is a party shall continue to remain subject to the terms and
conditions of that agreement and any successor labor agreements
entered into by the state.
SOURCE: IC 5-11-1-1; (12)IN1207.1.17. -->
SECTION 17. IC 5-11-1-1, AS AMENDED BY P.L.246-2005,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. There is established a state board of accounts.
The board consists of the state examiner and two (2) deputy examiners
as provided in this section. The principal officer of the board is the
state examiner, who shall be appointed by the governor and who shall
hold office for a term of four (4) years from the date of appointment.
The state examiner must be a certified public accountant. with at least
three (3) consecutive years of active experience as a field examiner
with the state board of accounts that immediately precedes the
appointment as state examiner. The governor shall also appoint two (2)
deputy examiners, who must have the same qualifications as the state
examiner, be of different political parties, and be subordinate to the
state examiner. The deputy examiners shall be appointed for terms of
four (4) years. The state examiner and the deputy examiners are subject
to removal by the governor for incompetency or for misconduct of the
office, after a hearing upon due notice and upon stated charges in
writing. An appeal may be taken by the officer removed to the circuit
or a superior court of Marion County.
SOURCE: IC 5-11-1-8; (12)IN1207.1.18. -->
SECTION 18. IC 5-11-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8.
Such field examiners
shall be appointed from applicants who shall have successfully passed
an open, competitive examination for testing their fitness for
appointment. Such examinations shall be given under the direction of
the board after due announcement in the public press, and shall be
practical in their character, and, as far as may be, shall relate to those
matters which will fairly test the relative capacity and fitness of the
persons examined to discharge the duties of the office. All
appointments of field examiners shall be made solely upon the ground
of fitness and without regard to the political affiliation of the appointee.
excepting that no more than one-half (1/2) of the number of field
examiners employed at any one (1) time shall belong to any one (1)
political party. The state board of accounts is empowered to make and
establish, and from time to time alter and amend, by-laws, rules and
regulations for the proper enforcement of the provisions of this article
and other laws placing duties and responsibilities on the state board of
accounts.
SOURCE: IC 5-15-5.1-4; (12)IN1207.1.19. -->
SECTION 19. IC 5-15-5.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) The governor
shall appoint a director as the executive head of the commission. The
director must be versed in the principles of information and forms
management, archives, and the affairs and organization of state
government. The director shall serve a term of four (4) years. However,
the director may be removed for cause by the governor. It is the intent
of the general assembly that the director be a person who is qualified
by training and experience to administer the affairs of the commission.
and that the director's tenure of office is limited only by the director's
ability and the proper performance of the director's duties.
(b) The director, subject to the approval of the governor and the
budget agency, shall appoint such staff as necessary to implement this
chapter.
(c) The salary of the director is subject to the approval of the
governor and the budget agency. Salaries of the staff are subject to the
approval of the state personnel department and the budget agency. The
provisions of IC 4-15-2 IC 4-15-2.2 apply to the staff of the
commission.
SOURCE: IC 6-8.1-2-2; (12)IN1207.1.20. -->
SECTION 20. IC 6-8.1-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The department is
under the control of the governor, who shall appoint or employ the
commissioner. and such other persons that he considers necessary.
SOURCE: IC 6-8.1-3-2.2; (12)IN1207.1.21. -->
SECTION 21. IC 6-8.1-3-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2.2. (a) This section
does not:
(1) apply to an otherwise lawful investigation concerning
organized crime activities; or
(2) prohibit, restrict, or prevent the exchange of information if a
person is being investigated for multiple violations of IC 6-2.5
(state gross retail and use taxes).
(b) As used in this section, "investigation" means an oral or written
inquiry directed to a person, organization, or governmental entity.
(c) As used in this section, "surveillance" means the monitoring of
a person, place, or event by:
(1) electronic interception;
(2) overt or covert observations;
(3) photography; or
(4) the use of informants.
(d) The commissioner or an employee of the department may not
knowingly authorize, require, or conduct:
(1) an investigation; or
(2) a surveillance;
unless the purpose of the investigation or surveillance is reasonably
related to the administration of a listed tax.
(e) A person who violates this section may be disciplined under
IC 4-15-2.
SOURCE: IC 6-8.1-4-3; (12)IN1207.1.22. -->
SECTION 22. IC 6-8.1-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The requirements
of this section are subject to the discretion of the commissioner as set
forth in section 1 of this chapter.
(b) The commissioner shall assign an adequate number of personnel
to the divisions created by this chapter to perform their required
functions.
All auditors and tax examiners who are assigned to these
divisions must have passed an open, competitive, and practical
examination which tests their fitness for and knowledge of the area in
which they will be working. The department shall give the
examinations at stated periods during the year after making
announcements of the examinations through the news media. In
addition, the commissioner, to the best of the commissioner's ability,
and without impairing the quality of the divisions' staff, must assign the
personnel so that no more than one-half (1/2) of the personnel are
members of the same political party.
(c) The commissioner shall appoint a separate administrator and a
deputy administrator to administer the operation of the division of
audit. The administrator and the deputy administrator must have
different political affiliations. However, the administrator and deputy
administrator of the division of audit must each have at least five (5)
years of audit experience and must each have met the examination
qualifications required of all division of audit employees.
(d) This subsection applies to the division of audit. The
commissioner shall divide the state into not more than twelve (12)
audit districts. The commissioner may appoint district managers to
manage one (1) or more of those audit districts. Each district manager
must be proficient in auditing the various listed taxes, must have at
least five (5) years of audit experience, and must have met the
examination qualifications required of all division of audit employees.
(e) The commissioner shall appoint an administrator and two (2)
deputy administrators to administer the operation of the special tax
division. The two (2) deputy administrators must have different
political affiliations. The administrator of the special tax division shall
assign and supervise staff to perform the division's audit function in
each of the districts prescribed by subsection (d).
(f) The commissioner may appoint persons from the division of
audit or the special tax division to the position of senior field auditor
when those persons have demonstrated a proficiency in auditing the
various taxes administered by their respective division. Senior field
auditors shall be primarily responsible for audits done on a statewide
basis or for audits done out of the state and shall also perform such
other duties as the commissioner requests. Before a person may be
appointed as a senior field auditor, the person must either:
(1) have at least five (5) years of audit experience in the division;
(2) be a certified public accountant; or
(3) have performed duties similar to those of a senior field auditor
for the federal government or another state for a period of at least
ten (10) years.
The state personnel department shall establish and the budget agency
shall approve an adequate number of senior field auditor positions to
perform the functions required under this subsection.
(g) No employee of the divisions created by this chapter may be
required to perform any political activity as a condition for getting or
keeping the employee's position or as a condition for receiving
promotions or salary increases.
(h) The commissioner and the budget agency shall set the
compensation for the staff provided by this chapter.
SOURCE: IC 8-3-1.5-2; (12)IN1207.1.23. -->
SECTION 23. IC 8-3-1.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The department is
hereby authorized to exercise those powers necessary for the state to
qualify for rail service continuation subsidies pursuant to the provisions
of the federal Regional Rail Reorganization Act of 1973, including
authority:
(a) to establish a state plan for rail transportation and local rail
services;
(b) to administer and coordinate the state plan;
(c) to provide in the plan for the equitable distribution of federal rail
service continuation subsidies among state, local, and regional
transportation authorities;
(d) to promote, supervise, and support safe, adequate, and efficient
rail services;
(e) to employ sufficient trained and qualified personnel for these
purposes; subject to IC 8-23-2-3;
(f) to maintain adequate programs of investigation, research,
promotion, and development in connection with such purposes and to
provide for public participation therein;
(g) to provide satisfactory assurances on behalf of the State that
such fiscal control and fund accounting procedures will be adopted by
the State as may be necessary to assure proper disbursement of and
account for federal funds paid to the State as rail service continuation
subsidies;
(h) to comply with the regulations of the Secretary of Transportation
of the United States Department of Transportation affecting federal rail
service continuation programs; and
(i) to do all things otherwise necessary to maximize federal
assistance to the State under Title IV of the Federal Regional Rail
Reorganization Act of 1973.
SOURCE: IC 8-23-2-3; (12)IN1207.1.24. -->
SECTION 24. IC 8-23-2-3 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 3. (a) The department may hire qualified individuals to
carry out its responsibilities subject to the budget agency's approval
under IC 4-12-1-13 and may prescribe their terms and conditions of
employment subject to this section.
(b) All employees of the department whose duties require
specialized knowledge or skill, acquired by professional or technical
education, training, and experience:
(1) shall be employed solely on the basis of ability, taking into
account their qualifications to perform the duties of their
positions;
(2) shall be employed regardless of political affiliation;
(3) may not be appointed, promoted, reduced, removed, or in any
way favored or discriminated against because of their political
affiliation, race, religion, color, sex, national origin, or ancestry;
(4) are ineligible to hold, or be a candidate for, elected office (as
defined in IC 3-5-2-17) while employed by the department, except
as provided in subsection (h);
(5) may not solicit or receive political contributions;
(6) may not be required to make contributions for or participate
in political activities;
(7) shall be employed on a six (6) month probationary period,
with a written evaluation prepared after five (5) months of service
by their immediate supervisor for the commissioner to determine
if employment should continue beyond the probationary period;
and
(8) shall be evaluated annually in writing by their immediate
supervisor for the purpose of advising the commissioner as to
whether the employees should remain in their positions.
(c) Highway district managers are and subdistrict superintendents
are not subject to subsection (b). A person may not be employed by the
department as a highway subdistrict superintendent unless the person
has received training or experience in maintaining or constructing
roads, highways, and bridges. Highway subdistrict superintendents
shall devote full time to the performance of their duties. Highway
district managers serve at the pleasure of the commissioner but upon
reassignment shall be retained in a position of equal or higher job
classification within the department. However, the employee may elect
to serve in the next lower job classification within the same district.
(d) The appointment or dismissal of the chief highway engineer for
the department is at the discretion of the commissioner. The chief
highway engineer must be a registered professional engineer and must
be a graduate civil engineer or have at least ten (10) years of
experience in highway engineering.
(e) All employees of the department are subject to IC 4-15-1.8 and
the rules that implement IC 4-15-1.8.
(f) Subject to this section:
(1) all employees of the department are subject to demotion,
discipline, dismissal, or transfer at the discretion of the
commissioner; and
(2) cause for demotion, dismissal, discipline, or transfer may
include but is not limited to failure to satisfactorily effectuate the
department's transportation plan and work programs.
(g) The commissioner may:
(1) require an employee or agent of the department to execute and
furnish a bond conditioned upon the faithful discharge and
performance of the duties of the employee or agent and the
accurate accounting of public funds that come into the employee's
or agent's control or custody; and
(2) prescribe an oath of employment for an employee or agent of
the department.
(h) Employees described in subsection (b) may:
(1) be candidates for:
(A) school board office (as defined in IC 3-5-2-45); or
(B) precinct committeeman or state convention delegate;
and serve in that office if elected; and
(2) be appointed to an office described in subdivision (1) and
serve in that office if appointed.
SOURCE: IC 10-11-2-12; (12)IN1207.1.25. -->
SECTION 25. IC 10-11-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) The
superintendent:
(1) with the approval of the board;
(2) within the limits of any appropriation made available for the
purpose; and
(3) subject to section 14 of this chapter;
shall appoint personnel to the ranks, grades, and positions of the
department that the superintendent considers necessary for the efficient
administration of the department.
(b) The superintendent, consistent with prescribed standards and
prerequisites, shall make appointments to the ranks, grades, and
positions of the department in a manner that creates and maintains in
the ranks, grades, and positions personnel not more than fifty percent
(50%) of whom belong to any one (1) political party. If any of the
ranks, grades, or positions contains personnel more than fifty percent
(50%) of whom belong to any one (1) political party, a person who
belongs to the party containing more than fifty percent (50%) of the
personnel may not be appointed or promoted to the rank, grade, or
position if the condition exists.
(c) (b) The superintendent shall:
(1) devise and administer examinations designed to test
applicants;
in the qualifications required for each rank, grade, or
position; and
(2) appoint only those applicants who best meet the prescribed
standards and prerequisites.
(d) (c) An employee appointed to the department is on probation for
one (1) year from the date of appointment. The board may extend the
employee's probationary status for cause for a period of not more than
one (1) additional year.
(e) (d) An employee may:
(1) be a candidate for elected office or a political party office if
permitted under 5 U.S.C. 1502 and serve in that office if elected;
(2) be appointed to or selected for a pro tempore appointment to
any office and serve in that office if appointed or selected; and
(3) if the employee is not on duty, solicit votes and campaign
funds and challenge voters for the office for which the person is
a candidate.
An employee may serve in a part-time local elected office. However,
service in a part-time local elected office must be in accordance with
IC 4-2-6 and the rules and employee policies of the department. If
elected to other than a part-time local elected office, the employee or
appointee shall resign as an employee or appointee before assuming
elected office.
SOURCE: IC 10-17-1-6; (12)IN1207.1.26. -->
SECTION 26. IC 10-17-1-6, AS AMENDED BY P.L.144-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) The director of veterans' affairs:
(1) is the executive and administrative head of the Indiana
department of veterans' affairs; and
(2) shall direct and supervise the administrative and technical
activities of the department;
subject to the general supervision of the commission.
(b) The duties of the director include the following:
(1) To attend all meetings of the commission and to act as
secretary and keep minutes of the commission's proceedings.
(2) To appoint by and with the consent of the commission, under
this chapter, and notwithstanding IC 4-15-2, the employees of the
department necessary to carry out this chapter and to fix the
compensation of the employees. Employees of the department
must qualify for the job concerned.
(3) To carry out the program for veterans' affairs as directed by
the governor and the commission.
(4) To carry on field direction, inspection, and coordination of
county and city service officers as provided in this chapter.
(5) To prepare and conduct service officer training schools with
the voluntary aid and assistance of the service staffs of the major
veterans' organizations.
(6) To maintain an information bulletin service to county and city
service officers for the necessary dissemination of material
pertaining to all phases of veterans' rehabilitation and service
work.
(7) To perform the duties described in IC 10-17-11 for the Indiana
state veterans' cemetery.
(8) To perform the duties described in IC 10-17-12 for the
military family relief fund.
(9) To establish a program and set guidelines under which a
medal of honor awardee may receive compensation when
attending and participating in official ceremonies.
SOURCE: IC 10-17-9-6; (12)IN1207.1.27. -->
SECTION 27. IC 10-17-9-6 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 6. The superintendent may remove or suspend an employee
appointed by the superintendent of the Indiana Veterans' Home only for
cause and subject to the state personnel act under IC 4-15-2.
SOURCE: IC 10-19-6-4; (12)IN1207.1.28. -->
SECTION 28. IC 10-19-6-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 4. (a) On July 1, 1990, the employees of the state
emergency management agency established under IC 10-8-2-1 (before
its repeal, later codified at IC 10-14-2-1, (before its repeal)) shall
initially be composed of the employees of the department of civil
defense created under IC 10-4-1-5(a) (before its repeal) and the Indiana
emergency medical services commission created under IC 16-1-39-3
(before its repeal) who are employed on June 30, 1990, by those two
(2) agencies.
(b) An employee of the department of civil defense who is
transferred to the state emergency management agency under
subsection (a) is entitled to have the employee's service under the
department of civil defense included for the purpose of computing:
(1) retention points under IC 4-15-2-32 in the event of a layoff;
and
(2) all other applicable employment benefits.
SOURCE: IC 11-8-2-7; (12)IN1207.1.29. -->
SECTION 29. IC 11-8-2-7, AS AMENDED BY P.L.47-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) The commissioner shall determine which
state owned or operated correctional facilities are to be maintained for
criminal offenders and which are to be maintained for delinquent
offenders.
(b) The commissioner shall determine which state owned or
operated correctional facilities need, for effective management,
administration by a superintendent. The commissioner shall appoint a
superintendent for each correctional facility. However, the
commissioner may appoint a person as superintendent of two (2) or
more facilities if the commissioner finds that it would be economical
to do so and would not adversely effect the management of the
facilities.
(c) Except as provided in subsection (d), a superintendent must hold
at least a bachelor's degree from an accredited college or university.
(d) If a superintendent does not hold at least a bachelor's degree
from an accredited college or university, the superintendent must have
at least ten (10) years of experience in public safety work.
(e) In addition to the requirements described in subsections (c) and
(d), a superintendent must have held a management position in
correctional or related work for a minimum of five (5) years. A
superintendent is entitled to a salary to be determined by the budget
agency with the approval of the governor. A superintendent may be
dismissed for cause by the commissioner.
(f) If a superintendent position becomes vacant, the commissioner
may appoint an acting superintendent to discharge the duties and
powers of a superintendent on a temporary basis.
SOURCE: IC 11-8-2-8; (12)IN1207.1.30. -->
SECTION 30. IC 11-8-2-8, AS AMENDED BY P.L.246-2005,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8.
(a) All officers and employees of the
department, members of the parole board, the commissioner, any
deputy commissioner, and any superintendent, are within the scope of
IC 4-15-2.
(b) IC 11-10-5 applies to teachers employed under that chapter.
notwithstanding IC 4-15-2.
(c) (a) The department shall cooperate with the state personnel
department in establishing minimum qualification standards for
employees of the department and in establishing a system of personnel
recruitment, selection, employment, and distribution.
(d) (b) The department shall conduct training programs designed to
equip employees for duty in its facilities and programs and raise their
level of performance. Training programs conducted by the department
need not be limited to inservice training. They may include
preemployment training, internship programs, and scholarship
programs in cooperation with appropriate agencies. When funds are
appropriated, the department may provide educational stipends or
tuition reimbursement in such amounts and under such conditions as
may be determined by the department and the personnel
division.
department.
(e) (c) The department shall conduct a training program on cultural
diversity awareness that must be a required course for each employee
of the department who has contact with incarcerated persons.
(f) (d) The department shall provide six (6) hours of training to
employees who interact with persons with mental illness, addictive
disorders, mental retardation, and developmental disabilities
concerning the interaction, to be taught by persons approved by the
secretary of family and social services, using teaching methods
approved by the secretary of family and social services and the
commissioner. The commissioner or the commissioner's designee may
credit hours of substantially similar training received by an employee
toward the required six (6) hours of training.
(g) (e) The department shall establish a correctional officer training
program with a curriculum, and administration by agencies, to be
determined by the commissioner. A certificate of completion shall be
issued to any person satisfactorily completing the training program. A
certificate may also be issued to any person who has received training
in another jurisdiction if the commissioner determines that the training
was at least equivalent to the training program maintained under this
subsection.
SOURCE: IC 11-9-1-1; (12)IN1207.1.31. -->
SECTION 31. IC 11-9-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) There is
established, as a division of the department, the parole board,
consisting of five (5) members appointed by the governor, not more
than three (3) of whom may be affiliated with the same political party.
Members are appointed for a term of four (4) years. A vacancy
occurring before the expiration of a term shall be filled by the governor
for the remainder of the term. In the event of a temporary inability to
act of any member, the governor may appoint a person qualified under
this section to act in his place during the continuance of the inability.
Members may be reappointed. They may be removed by the governor
for cause after an opportunity to be heard by the governor upon due
notice.
(b) To qualify for membership a person must:
(1) hold at least a bachelor's degree from an accredited college or
university; or
(2) have at least ten (10) years of law enforcement experience;
and must have the skill, training, or experience to analyze questions of
law, administration, and public policy. Members shall devote full time
to their duties, and are entitled to a salary to be determined by the state
budget agency with the approval of the governor. The governor shall
designate one (1) of the members to serve as chairman.
SOURCE: IC 11-10-5-4; (12)IN1207.1.32. -->
SECTION 32. IC 11-10-5-4 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 4. (a) All teachers employed by the department are subject
to all provisions of law concerning the minimum salary of teachers and
membership in any teachers' retirement fund plan. The commissioner
or the commissioner's designated representative shall annually
determine the salary schedule of the largest school corporation of the
county in which each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and the
budget agency, a salary schedule for each correctional institution, using
a daily rate of pay for each teacher, which must be equal to that of the
largest school corporation in the county in which the correctional
institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under the
schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution is
located becomes the largest school corporation in the county in which
the correctional institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
correctional institution is located without regard to whether the school
corporation in which the correctional institution is located remains the
largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule for
each correctional institution located in a county having a population of:
(1) more than seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(2) more than one hundred thousand (100,000) but less than one
hundred five thousand (105,000);
must be equal to that of the school corporation in which the
correctional institution is located.
SOURCE: IC 12-19-1-7; (12)IN1207.1.33. -->
SECTION 33. IC 12-19-1-7, AS AMENDED BY P.L.44-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. (a) The county director shall appoint from
eligible lists established by the state personnel department the number
of assistants necessary to administer the welfare activities within the
county that are administered by the division under IC 12-13 through
IC 12-19 or by an administrative rule, with the approval of the director
of the division.
(b) The division, for personnel performing activities described in
subsection (a), shall determine the compensation of the assistants
within the salary ranges of the pay plan adopted by the state personnel
department and approved by the budget agency, with the advice of the
budget committee, and within lawfully established appropriations.
SOURCE: IC 12-24-3-4; (12)IN1207.1.34. -->
SECTION 34. IC 12-24-3-4 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 4. (a) Each year the director shall set a salary schedule for
each of the educational systems established in a state institution as
provided in subsections (b) and (c).
(b) The director shall set a salary schedule by using a daily rate of
pay for each teacher that equals the rate of pay of the largest school
corporation in the county in which the state institution is located. If the
school corporation in which the state institution is located becomes the
largest school corporation in the county in which the state institution
is located, the daily rate of pay for each teacher must equal that of the
school corporation in which the institution is located, without regard to
whether the school corporation in which the state institution is located
remains the largest school corporation in the county.
(c) The salary schedule set by the director is subject to the approval
of the state personnel department and the budget agency.
(d) The director shall prescribe the terms of the annual contract. The
prescribed annual contract shall be awarded to licensed teachers
qualified for payment under the salary schedule prescribed under this
section. The director shall advise the budget agency and the governor
of this action.
(e) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
SOURCE: IC 12-28-1-12; (12)IN1207.1.35. -->
SECTION 35. IC 12-28-1-12, AS AMENDED BY P.L.99-2007,
SECTION 135, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 12. Notwithstanding IC 4-6-2, the
commission has the following powers, duties, and functions:
(1) Establish and maintain all necessary offices.
(2) Subject to IC 4-15-2:
(A) appoint;
(B) fix the compensation for; and
(C) prescribe the duties of;
the attorneys, other employees, and agents the commission
considers necessary.
(3) (2) Provide legal and other advocacy services throughout
Indiana to individuals or organizations on matters related to the
protection of the legal and human rights of individuals with a
developmental disability, individuals with a mental illness, and
individuals who are seeking or receiving vocational rehabilitation
services.
(4) (3) Enter into contractual relationships and sue and be sued in
the name of the services.
(5) (4) Apply for, solicit, and accept contributions or grants of
money, property, or services made by gift, devise, bequest, grant,
or other means from any source that the commission considers
best to assist the services in performing its purpose.
(6) (5) Provide information and referral services.
(7) (6) Adopt rules under IC 4-22-2 to do the following:
(A) Establish and operate local protection and advocacy
service units.
(B) Operate the service.
(C) Perform the commission's duties.
(8) (7) Ensure full participation in the electoral process in
individuals with disabilities, including registering to vote, casting
a vote, and accessing polling places, in accordance with 42 U.S.C.
15461 through 15462.
SOURCE: IC 14-9-2-1; (12)IN1207.1.36. -->
SECTION 36. IC 14-9-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 1. (a) The office of
director of the department is created. The governor shall appoint the
director, who serves at the pleasure of the governor. The director is the
executive and chief administrative officer of the department.
(b) The director is entitled to compensation in an amount to be fixed
by the Indiana department of administration with the approval of the
governor.
SOURCE: IC 14-9-7-1; (12)IN1207.1.37. -->
SECTION 37. IC 14-9-7-1 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 1. (a) Because the functions and duties of the department
are largely technical in nature and require specialized knowledge,
training, and experience for proper performance, the employees of the
department designated by the state personnel department as
professional or technical shall, except as otherwise expressly provided
in this article, be employed solely on the basis of the qualifications of
the employees to perform the required duties. Political, religious, racial,
and fraternal affiliations may not be a consideration in personnel
actions affecting the employees.
(b) Adequate provisions shall be made to assure that employees
selected possess the knowledge and ability and can satisfy the
minimum education and experience requirements as defined in the
class specifications for the positions.
(c) An employee under this policy may not:
(1) hold political office while employed by the department;
(2) solicit or receive money for political purposes; or
(3) be required to make contributions for or participate in political
activities.
(d) An applicant for a position may not be required to declare a
political, religious, racial, or fraternal affiliation.
SOURCE: IC 14-9-7-2; (12)IN1207.1.38. -->
SECTION 38. IC 14-9-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. The department shall
do the following:
(1) Coordinate the administration of the policy described in
section 1 of this chapter with the state personnel department.
(2) develop the necessary procedures to ensure that the required
knowledge, ability, education, and experience qualifications are
met by the employees of the department.
SOURCE: IC 14-9-7-4; (12)IN1207.1.39. -->
SECTION 39. IC 14-9-7-4 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 4. (a) Directors of divisions, and all assistants, inspectors,
and employees shall be chosen solely for fitness for the position,
professional or practical, as the nature of the position requires and
irrespective of political beliefs or affiliations. Fitness may be
determined by examination or otherwise, as the commission
determines.
(b) Directors, assistants, inspectors, and employees are entitled to
receive a compensation to be determined by the commission, upon the
recommendation of the director and subject to the approval of the
governor.
SOURCE: IC 14-9-7-5; (12)IN1207.1.40. -->
SECTION 40. IC 14-9-7-5 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 5. (a) This section applies only to salaries paid for pay
periods beginning after June 30, 2008.
(b) As used in this section, "district forester" means any position on
the state staffing table with a job code of "001LE2" and a description
of "Forester Specialist 2".
(c) As used in this section, "natural sciences manager" means any
position on the state staffing table with a job code of "00ENS7" and a
description of "Natural Sciences Manager E7".
(d) As used in this section, "state staffing table" means a position
classification plan and salary and wage schedule adopted by the state
personnel department (established by IC 4-15-1.8-2) under
IC 4-15-1.8-7.
(e) For pay periods beginning after June 30, 2008, the state
personnel department shall equalize the salary and wage schedules for
the positions of district forester and natural sciences manager so that
both positions share the higher of the two (2) wage and salary
schedules for these positions existing on April 1, 2008. For pay periods
beginning after June 30, 2008, the department shall increase the wages
and salaries of all district foresters and natural sciences managers to
bring the wages and salaries into conformity with the salary and wage
schedules required by this section.
SOURCE: IC 14-9-8-8; (12)IN1207.1.41. -->
SECTION 41. IC 14-9-8-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 8. The division director
shall, with the approval of the director,
recommend to the governor the
appointment of appoint personnel to the ranks, grades, and positions
within the division.
All appointments must meet the following
conditions:
(1) Be consistent with the prescribed standards and prerequisites
of the division.
(2) Be made to the ranks, grades, and positions of the division in
a manner that creates and maintains, as near as possible in the
ranks, grades, and positions, a personnel force of which not more
than fifty percent (50%) are members of one (1) political party. If
any of the ranks, grades, or positions contain at any time more
than fifty percent (50%) who are members of one (1) political
party, a member of that party may not be appointed or promoted
to that rank, grade, or position as long as that condition exists.
SOURCE: IC 14-10-2-2; (12)IN1207.1.42. -->
SECTION 42. IC 14-10-2-2, AS AMENDED BY P.L.99-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) The commission shall appoint
administrative law judges. An administrative law judge
(1) is subject to IC 4-15-2; and
(2) may be removed for cause under:
(A) IC 4-21.5;
(B) IC 4-15-2, through application of the standards for removal
for cause of a person in the state service; (as defined in
IC 4-15-2-3.8); or
(C) applicable provisions of the code of judicial conduct.
(b) The commission shall create a division of hearings. The division
of hearings shall assist the commission in performing the functions of
this section. The director of the division of hearings may appoint a
special administrative law judge.
(c) A person who is not appointed by:
(1) the director of the division of hearings; or
(2) the commission;
may not act as an administrative law judge.
SOURCE: IC 14-10-3-6; (12)IN1207.1.43. -->
SECTION 43. IC 14-10-3-6 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 6. The commission may choose an individual for
employment for a probationary period of one (1) year.
SOURCE: IC 14-10-3-7; (12)IN1207.1.44. -->
SECTION 44. IC 14-10-3-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. At the end of the one (1) year period, the division
director shall recommend to the commission that the individual be:
(1) permanently appointed;
(2) retained on probation for an additional period of not more than
one (1) year; or
(3) terminated.
SOURCE: IC 14-10-3-8; (12)IN1207.1.45. -->
SECTION 45. IC 14-10-3-8 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 8. The director of the department may, under IC 4-21.5-3-4,
terminate the employment of an individual who is employed by the
division for any of the following reasons:
(1) Dishonesty.
(2) Incompetence.
(3) Insubordination.
(4) Repeated unbecoming conduct.
SOURCE: IC 14-10-3-9; (12)IN1207.1.46. -->
SECTION 46. IC 14-10-3-9 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 9. An individual who is terminated, demoted, or suspended
from employment under this chapter may take administrative review to
the commission under IC 4-21.5.
SOURCE: IC 14-10-3-10; (12)IN1207.1.47. -->
SECTION 47. IC 14-10-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 10. An individual
employed under this chapter may not
(1) be required to declare the individual's political, religious, or
fraternal affiliations.
(2) solicit or receive money for political purposes; or
(3) participate in any other political activity.
SOURCE: IC 15-17-4-13; (12)IN1207.1.48. -->
SECTION 48. IC 15-17-4-13 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 13. (a) The state veterinarian and any other nonmerit
employee may be removed for cause by a majority vote of the entire
membership of the board.
(b) If the board votes to remove a nonmerit employee, that employee
must be notified of that decision in writing. Before the removal of a
nonmerit employee becomes effective, the employee has ten (10) days
after receiving written notification to make a written request for a
public hearing regarding the removal. However, the board is not
required to hold a hearing unless requested to do so by the nonmerit
employee. If a request for a hearing is not made, the removal is
effective upon the expiration of the ten (10) day period. If a request for
a hearing is made, a public hearing shall be held at the office of the
board not later than ten (10) days after the request is received by the
board, and the employee may not be removed until after the hearing has
been held and the board has made a decision.
(c) A merit employee may be removed under IC 4-15-2.
SOURCE: IC 16-19-1-4; (12)IN1207.1.49. -->
SECTION 49. IC 16-19-1-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 4. Employees of the division of services for crippled
children of the state department of public welfare who are employed on
June 30, 1990, and who become employees of the state board of health
under P.L.344-1989 are entitled to have their service under the division
of services for crippled children of the state department of public
welfare included for the purposes of computing:
(1) retention points under IC 4-15-2-32 in the event of a layoff;
and
(2) all other applicable employment and retirement benefits.
SOURCE: IC 16-19-4-7; (12)IN1207.1.50. -->
SECTION 50. IC 16-19-4-7 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 7. The state health commissioner shall appoint, subject to
IC 4-15-2, all employees of the state department, and fix the salaries of
all employees of the state department, subject to the confirmation of the
executive board.
SOURCE: IC 16-19-6-7; (12)IN1207.1.51. -->
SECTION 51. IC 16-19-6-7 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 7. (a) The state health commissioner shall annually review
the salary schedules of the largest school corporation of the county in
which each special institution placed under the control of the
administrative unit is located to determine the salary schedule of that
school corporation.
(b) Except as provided in subsection (e), the state health
commissioner shall, following the annual review in subsection (a),
prescribe, subject to approval by the state personnel department and the
budget agency, a salary schedule for each special institution described
in subsection (a), using a daily rate of pay for each teacher, which must
be equal to that of the largest school corporation in the county in which
the institution is located.
(c) The state health commissioner shall prescribe the terms of the
annual contract awarded to licensed teachers qualifying for payment
under this schedule.
(d) The state health commissioner shall advise the budget agency
and the governor of the state health commissioner's action under this
section. Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the special institution is
located becomes the largest school corporation in the county in which
the special institution is located, the daily rate of pay for each teacher
must be equal to that of the school corporation in which the special
institution is located, without regard to whether the school corporation
in which the special institution is located remains the largest school
corporation in the county.
SOURCE: IC 20-21-2-4; (12)IN1207.1.52. -->
SECTION 52. IC 20-21-2-4, AS ADDED BY P.L.218-2005,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) The board shall appoint the chief executive
officer, subject to the approval of the governor. The executive serves
at the pleasure of the board.
and may be removed for cause.
(b) The executive appointee must have the following qualifications:
(1) Be an educator with knowledge, skill, and ability in the
appointee's profession.
(2) Have at least five (5) years experience in instruction of
students with visual impairment disabilities.
(3) Have a master's degree or a higher degree.
(4) Meet the qualifications for an Indiana teacher's certificate in
the area of visual impairment disabilities.
(5) Have at least five (5) years experience supervising other
individuals.
SOURCE: IC 20-21-4-3; (12)IN1207.1.53. -->
SECTION 53. IC 20-21-4-3 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 3. (a) The board shall prescribe, subject to the approval of
the state personnel department and the budget agency, a salary
schedule for the school, using a daily rate of pay for each teacher that
must be equal to that of the largest school corporation in the county in
which the school is located.
(b) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under the salary
schedule as described in subsection (a).
(c) The hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(d) Each teacher accrues vacation leave and holidays in accordance
with the vacation leave and holiday policy of the largest school
corporation in the county in which the school is located. A teacher is
not eligible for additional vacation leave or holidays set for state
employees under IC 1-1-9 or IC 4-15 or rules adopted to implement
these statutes.
SOURCE: IC 20-22-2-4; (12)IN1207.1.54. -->
SECTION 54. IC 20-22-2-4, AS ADDED BY P.L.218-2005,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) The board shall appoint the chief executive
officer, subject to the approval of the governor. The executive serves
at the pleasure of the board. and may be removed for cause.
(b) The executive appointee must have the following qualifications:
(1) Be an educator with knowledge, skill, and ability in the
appointee's profession.
(2) Have at least five (5) years experience in instruction of
students with hearing impairment disabilities.
(3) Have a master's degree or a higher degree.
(4) Meet the qualifications for an Indiana teacher's certificate in
the area of hearing impairment disabilities.
(5) Have at least five (5) years experience supervising other
individuals.
SOURCE: IC 20-22-4-3; (12)IN1207.1.55. -->
SECTION 55. IC 20-22-4-3 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 3. (a) The board shall prescribe, subject to the approval of
the state personnel department and the budget agency, a salary
schedule for the school, using a daily rate of pay for each teacher, that
must be equal to that of the largest school corporation in the county in
which the school is located.
(b) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under the salary
schedule as described in subsection (a).
(c) The hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(d) Each teacher accrues vacation leave and holidays in accordance
with the vacation leave and holiday policy of the largest school
corporation in the county in which the school is located. A teacher is
not eligible for additional vacation leave or holidays set for state
employees under IC 1-1-9 or IC 4-15 or rules adopted to implement
these statutes.
SOURCE: IC 22-1-1-2; (12)IN1207.1.56. -->
SECTION 56. IC 22-1-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The
commissioner of labor shall be appointed by the governor
for a term
not to exceed four (4) years and shall serve at the will of the governor.
and The commissioner serves until
his the commissioner's successor
shall have been is appointed and
shall have qualified.
Any vacancy in
the office of commissioner of labor shall be filled by appointment by
the governor for the unexpired term.
(b) The commissioner of labor:
(1) shall be the administrative and executive officer of the
department of labor;
(2) shall supervise and direct the work of the department;
(3) shall have immediate charge of the administration and
enforcement of all the laws and rules that the department is
required by law to enforce and administer;
(4) shall have general charge of all inspections and investigations;
and
(5) shall perform such other duties as may be prescribed in this
chapter.
(c) The commissioner shall adopt and use an official seal for the
authentication of the orders and records of the department.
(d) Before entering upon the discharge of
his official duties, the
commissioner shall:
(1) execute a bond, payable to the state in such amount and with
such sureties as shall be approved by the governor, conditioned
for the faithful discharge of
his the commissioner's official
duties; and
(2) take and subscribe an oath, which shall be endorsed upon
his
the commissioner's official bond;
and the bond and oath when so executed shall be filed in the office of
the secretary of state.
(e) The commissioner is authorized and directed to classify and fix
the minimum standards for the personnel of the department and to
formulate salary schedules with the approval of the governor for the
services so classified.
SOURCE: IC 22-1-1-2.5; (12)IN1207.1.57. -->
SECTION 57. IC 22-1-1-2.5 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 2.5. (a) Any individual appointed commissioner of labor
who:
(1) in order to perform the duties of office has left or leaves a
position or employment, other than a temporary position or
employment, in the employ of any employer;
(2) is still qualified to perform the duties of employment; and
(3) makes application for reemployment within ten (10) days after
the expiration of the term of office or after removal from office;
shall be restored by the employer to the position or employment at not
less than the same pay or to a similar position or employment and pay
unless the employer's circumstances have so changed as to make it
impossible or unreasonable to do so. When the commissioner is
restored to employment, it shall be done without discrimination, nor
shall the commissioner be caused to suffer inconvenience or any other
adverse action by the employer, as a result of any action taken while
serving as commissioner.
(b) Any individual who is restored to a position or employment
under this chapter shall be considered as having been on leave of
absence during the period of service as commissioner of labor and is
entitled to participate in insurance or other benefits offered by the
employer pursuant to established rules and practices relating to
employees on leave of absence in effect with the employer.
(c) Any individual who is a member of a labor organization who is
appointed commissioner of labor shall be considered for all purposes
as being on leave of absence during the period of service as
commissioner of labor.
(d) In case any employer or labor organization fails or refuses to
comply with this chapter, the judge of the circuit court of the circuit in
which the employer maintains a place of business shall have power,
upon the filing of an appropriate pleading by the individual entitled to
the benefits of this chapter, to specifically require the employer or labor
organization to comply with this chapter, and, as an incident thereto to
compensate the individual for any loss of wages or benefits suffered by
reason of the employer's or labor organization's unlawful action.
SOURCE: IC 22-1-1.5-1; (12)IN1207.1.58. -->
SECTION 58. IC 22-1-1.5-1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 1. All personnel excepting the Commissioner of Labor
and his deputies shall be employed according to the provisions of the
"State Personnel Act," the same being IC 1971, 4-15-2.
SOURCE: IC 22-4-18-8; (12)IN1207.1.59. -->
SECTION 59. IC 22-4-18-8 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 8. (a) Employees of the office of occupational development
and the employment security division who are employed on July 1,
1987, remain as employees of the department of employment and
training services created by P.L.18-1987. These employees shall be
considered employees having permanent status for purposes of the state
personnel act (IC 4-15-2).
(b) Employees of the office of occupational development who are
employed on July 1, 1987, and who become employees of the
department of employment and training services under this section are
entitled to have their service under the office of occupational
development included for the purpose of computing retention points
under IC 4-15-2-32 in the event of a layoff.
SOURCE: IC 22-9-1-6; (12)IN1207.1.60. -->
SECTION 60. IC 22-9-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The commission
shall establish and maintain a permanent office in the city of
Indianapolis.
(b) The commission may appoint such attorneys and other
employees and agents as it considers necessary, fix their compensation
within the limitation provided by law, and prescribe their duties. All
these employees, with the exception of the executive director and
attorneys, shall be appointed by the commission from eligible lists to
be promulgated by the department of personnel as the result of a
competitive examination held under IC 4-15-2 and rules of the
department and on the basis of training, practical experience,
education, and character. However, special consideration and due
weight shall be given to the practical experience and training that a
person may have for the particular position involved regardless of his
academic training. Promotions, suspensions, and removal of persons
appointed from such lists shall be in accordance with IC 4-15-2. The
reasonable and necessary traveling expenses of each employee of the
commission while actually engaged in the performance of duties in
behalf of the commission shall be paid in accordance with the state
travel policies and procedures established by the Indiana department
of administration and approved by the budget agency.
(c) (b) Except as it concerns judicial review, the commission may
adopt rules under IC 4-22-2 to implement this chapter.
(d) (c) The commission shall formulate policies to effectuate the
purposes of this chapter and make recommendations to agencies and
officers of the state or local subdivisions thereof to effectuate such
policies. The several departments, commissions, divisions, authorities,
boards, bureaus, agencies, and officers of the state or any political
subdivision or agency thereof shall furnish the commission, upon its
request, all records, papers, and information in their possession relating
to any matter before the commission.
(e) (d) The commission shall receive and investigate complaints
alleging discriminatory practices. The commission shall not hold
hearings in the absence of a complaint. All investigations of complaints
shall be conducted by staff members of the civil rights commission or
their agents.
(f) (e) The commission may create such advisory agencies and
conciliation councils, local or statewide, as will aid in effectuating the
purposes of this chapter. The commission may itself, or it may
empower these agencies and councils to:
(1) study the problems of discrimination in the areas covered by
section 2 of this chapter when based on race, religion, color, sex,
handicap, national origin, or ancestry; and
(2) foster through community effort, or otherwise, good will
among the groups and elements of the population of the state.
These agencies and councils may make recommendation to the
commission for the development of policies and procedures in general.
Advisory agencies and conciliation councils created by the commission
shall be composed of representative citizens serving without pay, but
with reimbursement for reasonable and necessary actual expenses.
(g) (f) The commission may issue such publications and such results
of investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination because of race,
religion, color, sex, handicap, national origin, or ancestry.
(h) (g) The commission shall prevent any person from discharging,
expelling, or otherwise discriminating against any other person because
he the person filed a complaint, testified in any hearing before this
commission, or in any way assisted the commission in any matter under
its investigation.
(i) (h) The commission may hold hearings, subpoena witnesses,
compel their attendance, administer oaths, take the testimony of any
person under oath, and require the production for examination of any
books and papers relating to any matter under investigation or in
question before the commission. The commission may make rules as
to the issuance of subpoenas by individual commissioners. Contumacy
or refusal to obey a subpoena issued under this section shall constitute
a contempt. All hearings shall be held within Indiana at a location
determined by the commission. A citation of contempt may be issued
upon application by the commission to the circuit or superior court in
the county in which the hearing is held or in which the witness resides
or transacts business.
(j) (i) The commission may appoint administrative law judges other
than commissioners, when an appointment is deemed necessary by a
majority of the commission. The administrative law judges shall be
members in good standing before the bar of Indiana and shall be
appointed by the chairman of the commission. An administrative law
judge appointed under this subsection shall have the same powers and
duties as a commissioner sitting as an administrative law judge.
However, the administrative law judge may not issue subpoenas.
(k) (j) The commission shall state its findings of fact after a hearing
and, if the commission finds a person has engaged in an unlawful
discriminatory practice, shall cause to be served on this person an order
requiring the person to cease and desist from the unlawful
discriminatory practice and requiring the person to take further
affirmative action as will effectuate the purposes of this chapter,
including but not limited to the power:
(A) to restore complainant's losses incurred as a result of
discriminatory treatment, as the commission may deem necessary
to assure justice; however, this specific provision when applied to
orders pertaining to employment shall include only wages, salary,
or commissions;
(B) to require the posting of notice setting forth the public policy
of Indiana concerning civil rights and respondent's compliance
with the policy in places of public accommodations;
(C) to require proof of compliance to be filed by respondent at
periodic intervals; and
(D) to require a person who has been found to be in violation of
this chapter and who is licensed by a state agency authorized to
grant a license to show cause to the licensing agency why his
license should not be revoked or suspended.
(l) (k) Judicial review of a cease and desist order or other
affirmative action as referred to in this chapter may be obtained under
IC 22-9-8. If no proceeding to obtain judicial review is instituted within
thirty (30) days from receipt of notice by a person that an order has
been made by the commission, the commission, if it determines that the
person upon whom the cease and desist order has been served is not
complying or is making no effort to comply, may obtain a decree of a
court for the enforcement of the order in circuit or superior court upon
showing that the person is subject to the commission's jurisdiction and
resides or transacts business within the county in which the petition for
enforcement is brought.
(m) (l) If, upon all the evidence, the commission shall find that a
person has not engaged in any unlawful practice or violation of this
chapter, the commission shall state its findings of facts and shall issue
and cause to be served on the complainant an order dismissing the
complaint as to the person.
(n) (m) The commission may furnish technical assistance requested
by persons subject to this chapter to further compliance with this
chapter or with an order issued thereunder.
(o) (n) The commission shall promote the creation of local civil
rights agencies to cooperate with individuals, neighborhood
associations, and state, local, and other agencies, both public and
private, including agencies of the federal government and of other
states.
(p) (o) The commission may reduce the terms of conciliation agreed
to by the parties to writing (to be called a consent agreement) that the
parties and a majority of the commissioners shall sign. When signed,
the consent agreement shall have the same effect as a cease and desist
order issued under subsection (k). (j). If the commission determines
that a party to the consent agreement is not complying with it, the
commission may obtain enforcement of the consent agreement in a
circuit or superior court upon showing that the party is not complying
with the consent agreement and the party is subject to the commission's
jurisdiction and resides or transacts business within the county in
which the petition for enforcement is brought.
(q) (p) In lieu of investigating a complaint and holding a hearing
under this section, the commission may issue an order based on
findings and determinations by the federal Department of Housing and
Urban Development or the federal Equal Employment Opportunity
Commission concerning a complaint that has been filed with one (1) of
these federal agencies and with the commission. The commission shall
adopt by rule standards under which the commission may issue such an
order.
(r) (q) Upon notice that a complaint is the subject of an action in a
federal court, the commission shall immediately cease investigation of
the complaint and may not conduct hearings or issue findings of fact or
orders concerning that complaint.
SOURCE: IC 22-9-1-17; (12)IN1207.1.61. -->
SECTION 61. IC 22-9-1-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) If a timely
election is made under section 16 of this chapter, the complainant may
file a civil action in a circuit or superior court having jurisdiction in the
county in which a discriminatory practice allegedly occurred.
(b) If the court finds that a discriminatory practice has occurred the
court may grant the relief allowed under
IC 22-9-1-6(k).
IC 22-9-1-6(j).
(c) A civil action filed under this section must be tried by the court
without benefit of a jury.
SOURCE: IC 22-9-5-26; (12)IN1207.1.62. -->
SECTION 62. IC 22-9-5-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 26. The remedies
available regarding complaints directed against a covered entity under
this chapter are limited to the remedies provided under IC 22-9-1-6(k).
IC 22-9-1-6(j).
SOURCE: IC 27-1-1-2; (12)IN1207.1.63. -->
SECTION 63. IC 27-1-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. (a) The powers,
duties, management and control of the department of insurance are
hereby conferred on and vested in the "insurance commissioner". The
insurance commissioner shall be appointed by the governor, and shall
be familiar with and known to possess a knowledge of the subject of
insurance and be skilled in matters pertaining thereto and shall be
chosen solely for fitness, irrespective of his political beliefs or
affiliations. The commissioner shall serve and may be removed at the
pleasure of the governor, and shall be the chief executive and
administrative officer of the department. The insurance commissioner
shall receive an annual salary of eleven thousand five hundred dollars
($11,500), which shall be in full of all services performed by him in
any capacity. The commissioner shall take an oath of office and give
bond in the sum of fifty thousand dollars ($50,000) with surety to be
approved by the governor for the faithful performance of his duties.
(b) The commissioner is authorized to attend and participate in the
meetings of the national convention of insurance commissioners and
of the committees thereof and he may require such of his the deputies,
actuaries, and assistants as he that the commissioner may designate
to attend and participate in such meetings. If he the commissioner
deems it advisable, he the commissioner may request the attorney
general or a deputy attorney general to attend and participate in such
meetings. with him. He The commissioner and his the deputies,
actuaries, assistants, and attorneys as aforesaid of the department of
insurance shall aid in promoting improvements in the insurance laws
and the uniformity thereof in the several states. The expense of such
attendance by the commissioner, and his the deputies, actuaries,
assistants, and attorneys as aforesaid shall be paid by the state treasurer
treasurer of state upon the warrant of the commissioner certifying
therein that he the commissioner has examined and approved the
charges for such expenses.
SOURCE: IC 27-1-1-3; (12)IN1207.1.64. -->
SECTION 64. IC 27-1-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. The commissioner
with the approval of the governor shall appoint a chief deputy, an
actuary, a securities deputy, and such other deputies, examiners,
assistants and other employees as may be necessary to carry on the
work of the department. With respect to all of such positions, aptitude,
previous training and experience, intelligence and moral and physical
qualifications shall be carefully considered and such employees shall
be chosen for their fitness, either professional or practical, as the nature
of the position may require, irrespective of their political beliefs or
affiliations; it being the responsibility of the commissioner to develop
and maintain a highly trained and effective personnel within the
insurance department. The actuary of the department shall have had at
least five (5) years experience in a responsible actuarial position in a
life or casualty insurance company, in consulting actuarial practice, or
in a comparable actuarial position in a state or federal agency;
however, only two (2) years experience of the type aforesaid shall be
required (a) if the applicant is a fellow or associate of the society of
actuaries or the casualty actuarial society, or (b) if said applicant has
completed courses in actuarial mathematics or theory in an accredited
college or university. The technical or professional qualifications of
any applicant shall be determined by examination, professional rating
or otherwise, as the commissioner with the approval of the governor,
shall determine. The securities deputy and any securities clerk shall
each give bond in the sum fixed by the governor, but not less than
twenty-five thousand dollars ($25,000) surety, with the approval of the
governor, for the faithful performance of their duties.
SOURCE: IC 27-1-1-4; (12)IN1207.1.65. -->
SECTION 65. IC 27-1-1-4 IS REPEALED [EFFECTIVE JULY 1,
2012]. Sec. 4. The annual salaries of personnel of the department, other
than the commissioner, shall be fixed by the commissioner with
approval of the governor and budget agency. The commissioner shall
have the power at any time to terminate the services of any employee
of the department for inefficiency, incompetency or neglect of or
failure to perform his duties.
SOURCE: IC 27-1-3-28; (12)IN1207.1.66. -->
SECTION 66. IC 27-1-3-28, AS AMENDED BY P.L.234-2007,
SECTION 189, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 28. (a) The department of insurance
fund is established for the following purposes:
(1) To provide supplemental funding for the operations of the
department of insurance.
(2) To pay the costs of hiring and employing staff.
(3) To provide staff salary differentials as necessary to equalize
the average salaries and staffing levels of the department of
insurance with the average salaries and staffing levels reported in
the most recent Insurance Department Resources Report
published by the National Association of Insurance
Commissioners.
(4) (3) To enable the department of insurance to maintain
accreditation by the National Association of Insurance
Commissioners.
(5) (4) To carry out any other purpose determined necessary by
the department of insurance to carry out the department's duties
under this title.
(b) The fund shall be administered by the commissioner. The
following shall be deposited in the department of insurance fund:
(1) Audit fees remitted by insurers to the commissioner under
section 15(d) of this chapter.
(2) Filing fees remitted by insurers to the commissioner under
section 15(a) or 15(e) of this chapter.
(3) Any other amounts remitted to the commissioner or the
department that are required by rule or statute to be deposited into
the department of insurance fund.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) 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. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a particular fiscal year does not
revert to the state general fund.
(f) There is annually appropriated to the department of insurance,
for the purposes set forth in subsection (a), the entire amount of money
deposited in the fund in each year.
SOURCE: IC 27-7-2-39; (12)IN1207.1.67. -->
SECTION 67. IC 27-7-2-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 39. The governor
commissioner shall appoint such deputies, examiners, actuaries,
assistants, and other employees in the department of insurance as may
be found necessary to carry out the provisions of this chapter and fix
the compensation thereof, subject to the approval of the state budget
agency. There is hereby appropriated out of funds not otherwise
appropriated in the general fund such sums as may be necessary to
carry out the provisions of this chapter.
SOURCE: IC 28-11-2-5; (12)IN1207.1.68. -->
SECTION 68. IC 28-11-2-5 IS REPEALED [EFFECTIVE JULY 1,
2012].
Sec. 5. (a) An employee of the department may be discharged
at any time by the director for just cause.
(b) An employee discharged under subsection (a) may request the
members to review the director's action. If an employee requests review
under this subsection, the members shall review the discharge. The
director shall not participate in the members' review under this
subsection.
(c) If the members find that the discharge was not for just cause, the
employee shall be reinstated and given other appropriate relief by the
members.
SOURCE: IC 35-51-4-1; (12)IN1207.1.69. -->
SECTION 69. IC 35-51-4-1, AS ADDED BY P.L.70-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. The following statutes define crimes in IC 4:
IC 4-1-10-8 (Concerning state agencies).
IC 4-1-10-9 (Concerning state agencies).
IC 4-2-6-13 (Concerning state officers).
IC 4-2-6-14 (Concerning state officers).
IC 4-2-7-8 (Concerning the inspector general).
IC 4-4-27-8 (Concerning the inspection of grain).
IC 4-11-1-6 (Concerning certain loans and mortgages).
IC 4-13-1.2-11 (Concerning the department of correction
ombudsman).
IC 4-13-4.1-4 (Concerning the department of administration).
IC 4-13-19-11 (Concerning the department of child services
ombudsman).
IC 4-13.6-4-14 (Concerning state public works).
IC 4-15-2-42 (Concerning state merit employment).
IC 4-15-10-4 (Concerning certain state employee reports).
IC 4-21.5-3-36 (Concerning administrative proceedings).
IC 4-21.5-3-37 (Concerning administrative proceedings).
IC 4-30-3-19 (Concerning the lottery).
IC 4-30-3-19.5 (Concerning the lottery).
IC 4-30-3-19.7 (Concerning the lottery).
IC 4-30-12-5 (Concerning the lottery).
IC 4-30-13-1 (Concerning the lottery).
IC 4-30-14-1 (Concerning the lottery).
IC 4-30-14-2 (Concerning the lottery).
IC 4-30-14-3 (Concerning the lottery).
IC 4-30-14-4 (Concerning the lottery).
IC 4-30-14-5 (Concerning the lottery).
IC 4-30-14-6 (Concerning the lottery).
IC 4-31-13-3 (Concerning horse racing).
IC 4-31-13-3.5 (Concerning horse racing).
IC 4-31-13-9 (Concerning
the lottery). horse racing).
IC 4-32.2-8-4 (Concerning charity gaming).
IC 4-33-10-1 (Concerning riverboat gambling).
IC 4-33-10-2 (Concerning riverboat gambling).
IC 4-33-10-2.1 (Concerning riverboat gambling).
IC 4-33-10-2.5 (Concerning riverboat gambling).
IC 4-33-22-14 (Concerning boxing and mixed martial arts).
IC 4-33-22-40 (Concerning boxing and mixed martial arts).
IC 4-35-9-2 (Concerning gambling games at racetracks).
IC 4-35-9-3 (Concerning gambling games at racetracks).
IC 4-35-9-4 (Concerning gambling games at racetracks).
IC 4-35-9-5 (Concerning gambling games at racetracks).
IC 4-36-6-5 (Concerning gambling in certain establishments).