Bill Text: IN SB0001 | 2010 | Regular Session | Amended
Bill Title: Boards and commissions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Ways and Means [SB0001 Detail]
Download: Indiana-2010-SB0001-Amended.html
Citations Affected: IC 4-5; IC 4-15; IC 4-22; IC 4-31; IC 4-33;
IC 5-2; IC 9-17; IC 9-27; IC 10-13; IC 12-7; IC 12-15; IC 14-8;
IC 14-25; IC 14-26; IC 15-19; IC 16-18; IC 16-25; IC 16-28; IC 25-1;
IC 27-1; IC 35-45; IC 36-8; noncode.
Effective: July 1, 2010.
January 14, 2010, read first time and referred to Committee on Rules and Legislative
Procedure.
January 14, 2010, amended; reassigned to Committee on Appropriations.
Digest Continued
fund's (PERF) board of trustees or the PERF executive director.
Repeals the personnel board (IC 4-15-1, IC 5-15-2-2.2, and
IC 4-15-2.5-2); the advisory commission on intergovernmental
relations (IC 4-23-24-2); the quarter horse breed development advisory
committee and the standardbred advisory breed development advisory
committees (IC 4-31-11-1 through IC 4-31-9); the standardbred
advisory board, the thoroughbred breed development advisory
committee (IC 15-19-2-1, IC 15-19-2-2, IC 15-19-2-3, IC 15-19-2-4,
IC 15-19-2-5, IC 15-19-2-5, and IC 15-19-2-5); the athletic commission
(IC 25-9-1); the transportation corridor planning board ( IC 8-4.5-1-3
and IC 8-4.5-2); the motor vehicle sales advisory board (IC 9-23-1);
operation lifesaver program (IC 9-27-2-12; the Medicaid work
incentive council (IC 12-15-42); bureau of water and resource
regulations and bureau of lands and cultural resources (IC 14-9-6,
IC 14-21-1-5); New Harmony commission (IC 14-20-4); soldiers' and
sailors' children's home advisory committee (IC 16-19-6-9); home
health care services and hospice services council (IC 16-27-0.5);
radiation control advisory commission (IC 16-41-35-2, IC 16-41-35-16,
IC 16-41-35-17, and IC 16-8-2-9); the insurance producer education
and continuing education advisory council (IC 27-1-15.7); and
mandated health benefits task force (IC 27-1-3-30). Makes conforming
changes.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) IC 9-18-26;
(2) IC 9-22-4;
(1) Develop personnel policies, methods, procedures, and standards for all state agencies.
(2) Formulate, establish, and administer position classification plans and salary and wage schedules, all subject to final approval
by the governor.
(3) Allocate positions in the state agencies to their proper
classifications.
(4) Approve employees for transfer, demotion, promotion,
suspension, layoff, and dismissal.
(5) Rate employees' service.
(6) Arrange with state agency heads for employee training.
(7) Investigate the need for positions in the state agencies.
(8) Promulgate and enforce personnel rules.
(9) Make and administer examinations for employment and for
promotions.
(10) Maintain personnel records and a roster of the personnel of
all state agencies.
(11) Render personnel services to the political subdivisions of the
state.
(12) Investigate the operation of personnel policies in all state
agencies.
(13) Assist state agencies in the improvement of their personnel
procedures.
(14) Conduct a vigorous program of recruitment of qualified and
able persons for the state agencies.
(15) Advise the governor and the general assembly of legislation
needed to improve the personnel system of this state.
(16) Furnish any information and counsel requested by the
governor or the general assembly.
(17) Establish and administer an employee training and career
advancement program.
(18) Administer the state personnel law, IC 4-15-2.
(19) Institute an employee awards system designed to encourage
all state employees to submit suggestions that will reduce the
costs or improve the quality of state agencies.
(20) Survey the administrative organization and procedures,
including personnel procedures, of all state agencies, and submit
to the governor measures to secure greater efficiency and
economy, to minimize the duplication of activities, and to effect
better organization and procedures among state agencies.
(21) Establish, implement, and maintain the state aggregate
prescription drug purchasing program established under
IC 16-47-1, as approved by the budget agency.
(b) Salary and wage schedules established by the department under
subsection (a) must provide:
(1) for the establishment of overtime policies, which must
include:
(A) definition of overtime;
(B) determination of employees or classes eligible for
overtime pay;
(C) procedures for authorization;
(D) methods of computation;
(E) procedures for payment; and
(F) a provision that there shall be no mandatory adjustments
to an employee's established work schedule in order to avoid
the payment of overtime; and
(2) that an appointing authority is not required to reduce the
salary of an employee who is demoted, unless the appointing
authority determines that the salary reduction is warranted for
disciplinary reasons or other good cause.
(c) The state personnel advisory board shall advise the director and
cooperate in the improvement of all the personnel policies of the state.
(d) (c) The department shall establish programs of temporary
appointment for employees of state agencies. A program established
under this subsection must contain at least the following provisions:
(1) A temporary appointment may not exceed one hundred eighty
(180) working days in any twelve (12) month period.
(2) The department may allow exceptions to the prohibition in
subdivision (1) with the approval of the state budget agency.
(3) A temporary appointment in an agency covered by IC 4-15-2
is governed by the procedures of that chapter.
(4) A temporary appointment does not constitute creditable
service for purposes of the public employees' retirement program
under IC 5-10.2 and IC 5-10.3. However, an employee who
served in an intermittent form of temporary employment after
June 30, 1986, and before July 1, 2003, shall receive creditable
service for the period of temporary employment.
(1) To make investigations concerning the enforcement and effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to public inspection.
(1) Establish and maintain a roster of all employees in the state service. Prepare or cause to be prepared and recommend a classification and pay plan. Administer the classification and pay plan. Allocate all positions in the state service to their proper class. Formulate eligible lists. Certify persons qualified for appointment. Certify employees for transfer, demotion, promotion, suspension, layoff, and dismissal. Rate employees' services. Arrange with heads of the divisions of the service for employee training. Attend to and perform all other duties imposed by this chapter.
(2) Appoint, under this chapter, such employees of the department and such experts and special assistants as may be necessary to carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already in operation in various departments or divisions of the state government.
(4) Investigate and approve the need for positions, existing and to be created, in the state service.
(5) Investigate from time to time the operation and effect of this chapter and of the rules.
(6) Administer, enforce, and make effective this chapter and the rules.
(b) The director shall appoint one (1) or more employees of the department to be the director's deputies.
(c) The director shall employ such expert or special examiners for the conduct of tests as may be required. The director may select officers or employees in the state service to act as examiners in the preparation and rating of tests. An appointing authority may excuse any employee in the authority's division of the service from the employee's regular duties for the time required for work as an examiner. Officers and employees shall not be entitled to extra pay for their service as examiners, but shall be entitled to reimbursement for necessary traveling and other expense.
(d) The director shall adopt rules under IC 4-22-2 as the director may consider necessary, appropriate, or desirable to carry out this chapter.
(e) The director shall institute an employee awards system designed to encourage state employees to submit suggestions that will reduce the costs, or improve the quality, of state services. All full-time employees are eligible to receive suggestion awards except:
(1) members of boards and commissions;
(2) the chief executive officer of any agency or institution, the officer's principal deputies or assistants; or
(3) persons whose normal job duties include cost analyses.
(f) A state suggestion committee shall determine the amount of any award to be given under subsection (e). The state suggestion committee consists of the state personnel director, the director of the budget agency, and the state examiner of the state board of accounts. Any officer of state who is made a member of the suggestion committee may delegate that responsibility to a subordinate employee.
period for holding such examinations is extended by the board with
adequate reasons for such extension made a part of the official minutes
of the board.
(b) Upon the recommendation of the director, and the approval of
the board, those employees in any department or division of the state
government who have been appointed under a merit system
satisfactorily complying with the provisions of this chapter may be
brought into the classified service without examination and retain their
existing position.
(b) In certification for appointment, in appointment, in reinstatement, and in reemployment in any state service, preference shall be given to former members of the military services of the United States who served on active duty in any branch of the armed forces and who at no time received a discharge or separation under other than honorable conditions, except corrected separation or discharge to read "honorable" as evidenced by appropriate records presented from the United States Department of Defense or appropriate branch of the military service.
(c) Preference shall be given in the following priorities:
(1) Former members of the military service who have established the present existence of a service connected disability of ten percent (10%) or more, as evidenced by records of the United
States Department of Veterans Affairs or disability retirement
benefits as evidenced by laws administered by the United States
Department of Defense.
(2) The spouse of a veteran with a service connected disability
and the unremarried spouse of a deceased veteran.
(3) Those former members of the military service who are
wartime veterans.
(4) Veterans of the military service who served more than one
hundred eighty-one (181) days on active duty, regardless of when
served.
(d) In all written examinations to determine the qualifications of
applicants for entrance into state service:
(1) ten (10) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(1) or
(c)(2);
(2) five (5) points shall be added to the earned ratings of persons
taking the competitive examination under subsection (c)(3); and
(3) two (2) points shall be added to the earned rating of persons
taking the competitive examination under subsection (c)(4).
(e) All points specified in subsection (d) shall be added to the total
combined test scores of the person and shall not be allocated to any
single feature or part of the competitive examination. Rating shall be
based on a scale of one hundred (100) points as the maximum
attainable.
(f) When veterans preference in state service employment is limited
to wartime veterans, this subsection applies for the purpose of defining
"war":
(1) World War II - December 7, 1941, to December 31, 1946.
(2) Korean Conflict - June 27, 1950, to January 31, 1955.
(3) Viet Nam Conflict - August 5, 1964, to May 7, 1975.
(4) Actual combat or duty equally hazardous, regardless of time,
or service in any foreign war, insurrection, or expedition, which
service is recognized by the award of a service or campaign medal
of the United States.
(5) Participation as a regularly assigned crew member of any
military craft in a mission in support of a military operation,
regardless of time, as designated by the armed forces of the
United States.
(g) Active duty consists of:
(1) ninety (90) days or more wartime service;
(2) ninety (90) days or more consecutive service which began or
ended during wartime period;
(3) ninety (90) days or more combined service in two (2) or more wartime periods;
(4) service of less than ninety (90) days, if discharged for a disability in the line of duty; or
(5) service qualifying under subsection (f)(4) or (f)(5), which must be documented by appropriate records of the United States Department of Defense.
(h) In examinations where experience is an element of qualification, time spent in the armed forces of the United States shall be credited in a veteran's rating where the veteran's actual employment in a similar vocation to that for which the veteran is examined was interrupted by such service. In all examinations to determine the qualifications of a veteran applicant, credit shall be given for all valuable experience, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether any compensation was received for the experience.
(i) In determining qualifications for examination, appointment, promotion, retention, transfer, or reinstatement, with respect to preference eligibles, the department shall waive requirements as to age, height, and weight, if the requirement is not essential to the performance of the duties of the position for which examination is given. The department, after giving due consideration to the recommendation of any accredited physician, shall waive the physical requirements in the case of any veteran, if the veteran is, in the opinion of the director, physically able to discharge efficiently the duties of the position for which the examination is given. No minimum educational requirement may be prescribed in any civil service examination except for such scientific, technical, or professional positions, the duties of which the department decides cannot be performed by a person who does not have such education. The director shall make a part of the department's public records the director's reasons for such decision.
(j) The names of preference eligibles shall be entered on the appropriate registers or lists of eligibles in accordance with their respective augmented ratings. The name of a preference eligible shall be entered ahead of all others having the same rating.
(k) The director shall adopt appropriate rules under IC 4-22-2 for the administration and enforcement of this section.
(l) In any reduction in personnel in any state service, competing employees shall be released in accordance with
such employee shall be credited in computing length of total service.
Veteran's preference points shall be added to the retention score of a
preference eligible. When any of the functions of any state agency are
transferred to, or when any state agency is replaced by, some other state
agency or agencies, all preference employees in the function or
functions transferred or in the agency replaced shall first be transferred
to the replacing agency or agencies for employment in positions for
which they are qualified, before the agency or agencies appoint
additional employees from any other sources for such positions.
(m) Any preference eligible who has resigned may, at the request of
any appointing officer, be certified for and appointed to any position
for which the preference eligible has been a regular employee in the
state service.
(n) Any preference eligible who has been furloughed or separated
without delinquency or misconduct, upon request, shall have the
preference eligible's name placed on all appropriate registers and
employment lists, for every position for which the preference eligible's
qualifications have been established.
(o) Applicants claiming preference of their own service must submit
either:
(1) original discharge or separation or certified copies or photostat
copies of the originals;
(2) an official statement from the United States Department of
Defense showing record of service; or
(3) an official statement from the United States Department of
Veterans Affairs supporting the claim for disability.
(1) in determining salary increases and decreases within the limits established by law and by the pay plan;
(2) as a factor in promotion tests;
(3) as a factor in determining the order of lay-off when forces are reduced because of lack of funds or work, and the order in which names are to be placed on reemployment lists; and
(4) as a means of discovering employees who should be promoted, transferred, or who, because of their low-service value,
should be demoted or dismissed.
In such manner and at such time as the rules may require, each
appointing authority shall make and report to the director the service
ratings of employees in his division of the service or such information
as the director may request as a basis for determining the service
ratings.
(b) All officers and employees of the state, shall, during usual
business hours, grant to the members of the board, the director and any
agent or employee of the board designated by it or him, free access to
the premises and records pertaining to personnel matters under their
control and shall furnish them such facilities, assistance, and
information as may be required in administering the provisions of this
chapter.
been certified by the director or a person designated by the director to
the effect that the persons named on the payroll or account are either
in the unclassified service or have been appointed or otherwise
established in their positions according to the provisions of this
chapter, and that the payment of the amounts shown on the payroll or
account will not violate the provisions of the pay plan or the rules
pertaining to the payment.
(b) Any payment violating the provisions of the pay plan or the rules
pertaining to the payment, or made to a person appointed or established
in the person's position in a manner contrary to the provisions of this
chapter, may be recovered from the appointing authority, the director,
or any officer or person making the payment, whichever is liable, or
from the sureties on the official bond for the officer or person. Action
for recovery may be maintained by the board or any member of the
board, any officer or employee of the state service, or any citizen of the
state. All money recovered under this section shall be paid into the
state treasury. Any citizen may maintain a suit to restrain a disbursing
officer from making any payment in contravention of any provision of
this chapter or of any lawful rule or order under this chapter.
(c) Any person appointed or employed in contravention of any
provision of this chapter or of any rule or order under this chapter who
performs service for which the person is not paid shall have and may
maintain an action against the officer or officers who purported so to
appoint or employ the person to recover the agreed pay for services, or
the reasonable value of the services if no pay was agreed upon. No
officer shall be reimbursed by the state at any time for any sum paid to
the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account.
(b) No person elected to state or federal public office may, during the term for which he was elected, be appointed to any position in the
classified service.
(c) Any employee in the classified service who becomes a candidate
for local office shall, upon request, be granted a leave of absence; any
employee in the classified service who is elected to a state or federal
public office shall be considered to have resigned from the service.
This subsection does not apply to precinct committeemen, state or
national party convention delegates, or candidates for these party
positions.
(a) The term "director" means the state personnel director as established by IC 4-15-1.8.
(1) conduct the entrance and promotion tests which are required for the carrying out of the provisions of this chapter;
(2) verify the political affiliation of each applicant for employment and each employee being considered for promotion which otherwise qualify for employment or promotion; however, no applicant or employee shall be verified if the employment or promotion would disrupt or postpone the attainment of the required political balance of the department or pay classification;
(3) classify all positions of employment in all agencies or institutions operating under this chapter by the procedure established by IC 4-15-2;
(4) develop a pay plan for all employees operating under the
provisions of this chapter, which pay plan shall be subject to the
approval of the budget agency and the Governor; and
(5) certify all individuals employed under the provisions of this
chapter as provided by IC 4-15-2, except that:
(A) The director shall certify five (5) qualified applicants and
indicate each applicant's political affiliation.
(B) If the director cannot certify the required number of
individuals with the political affiliation because there are not
enough individuals that qualified after testing, who are willing
to accept appointment or because there are peculiar and
exceptional qualifications of a scientific, professional or
educational character required for the position and it is evident
that the required number of individuals cannot be certified, the
director may authorize the appointing authority to fill the
vacancy with any individual who meets the qualifications for
the position, without regard to the applicant's political
affiliation.
(C) For positions involving unskilled or semi-skilled labor
when the character or place of the work makes it impracticable
to supply the needs of the service by appointments made in
accordance with the procedure prescribed by this chapter, the
director may make appointments by the procedure provided by
IC 4-15-2.
(b) One (1) personal secretary for each position that is exempt from the provisions of this chapter by this section and section 18 shall be exempt from the provisions of this chapter.
of the personnel board department and the governor, any state agency
or any part of a state agency may operate under the provisions of this
chapter.
(b) The
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
(2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107 and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7.
(12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
(14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the athletic commission under
IC 25-9-1-4.5.
(32) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(32) (33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the agency, the agency shall submit the rule to the publisher for the assignment of a document control number. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(d) After the document control number has been assigned, the agency shall submit the rule to the publisher for filing. The agency shall submit the rule in the form required by section 20 of this chapter and with the documents required by section 21 of this chapter. The publisher shall determine the format of the rule and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is accepted.
(f) A rule described in subsection (a) takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under
subsection (a)(13), for a rule adopted under this section to be effective
after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), or (a)(29) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(1) adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this article, including rules that prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing participants under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is in the public interest in the conduct of recognized meetings and
wagering on horse racing in Indiana;
(2) appoint employees in the manner provided by IC 4-15-2 and
fix their compensation, subject to the approval of the budget
agency under IC 4-12-1-13; and
(3) enter into contracts necessary to implement this article. and
(4) receive and consider recommendations from an advisory
development committee established under IC 4-31-11.
Chapter 22. Boxing and Mixed Martial Arts
Sec. 1. As used in this chapter, "boxing" means the art of attack and defense with the fists, or feet in the case of kickboxing, practiced as a sport.
Sec. 2. As used in this chapter, "mixed martial arts" means the unarmed physical confrontation of persons involving the use, subject to limitations as established by the commission, of a combination of techniques from different disciplines of the martial arts, including grappling, kicking, and striking.
Sec. 3. As used in this chapter, "professional boxer" means a person who competes for money, teaches, pursues, or assists in the practice of boxing as a means to obtain a livelihood or pecuniary gain.
Sec. 4. As used in this chapter, "matchmaker" means a person who, under contract, agreement, or other arrangement with a boxer, acts as a booker, an agent, a booking agent, or a representative to secure:
(1) an engagement; or
(2) a contract;
for the boxer.
Sec. 5. As used in this chapter, "sparring" means combat in which participants intend to and actually:
(1) inflict kicks, punches, and blows; and
(2) apply other techniques;
that may reasonably be expected to inflict injury on an opponent in a contest, exhibition, or performance.
Sec. 6. As used in this chapter, "promoter" has the meaning set forth in 15 U.S.C. 6301(9).
Sec. 7. As used in this chapter, "unarmed combat" means the practice, or any related practice, of mixed martial arts or martial arts.
Sec. 8. As used in this chapter, "unarmed competitor" means a person who engages in an unarmed combat match, contest, exhibition, or performance.
Sec. 9. (a) As used in this chapter, "fund" refers to the athletic fund created by this section.
(b) The athletic fund is created for purposes of administering this chapter. The fund shall be administered by the Indiana gaming commission.
(c) 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 money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) The fund consists of:
(1) appropriations made by the general assembly;
(2) fees collected under this chapter; and
(3) penalties collected under this chapter.
(f) An amount necessary to administer this chapter is continually appropriated from the fund to the Indiana gaming commission.
(g) If the balance in the fund at the end of a particular fiscal year exceeds one hundred thousand dollars ($100,000), the amount that exceeds one hundred thousand dollars ($100,000) reverts to the state general fund.
Sec. 10. The commission shall ensure the:
(1) safety of participants in;
(2) fairness of; and
(3) integrity of;
sparring, boxing, and unarmed combat matches or exhibitions in Indiana.
Sec. 11. (a) The executive director of the commission may appoint and remove deputies for use by the commission. The commission shall, when the commission considers it advisable,
direct a deputy to be present at any place where sparring, boxing,
or unarmed combat matches or exhibitions are to be held under
this chapter. The deputies shall ascertain the exact conditions
surrounding the match or exhibition and make a written report of
the conditions in the manner and form prescribed by the
commission.
(b) The executive director of the commission may appoint and
remove a secretary for the commission, who shall:
(1) keep a full and true record of all the commission's
proceedings;
(2) preserve at its general office all the commission's books,
documents, and papers; and
(3) prepare for service notices and other papers as may be
required by the commission.
The executive director of the commission may employ only such
clerical employees as are actually necessary and fix their salaries
as provided by law.
(c) The executive director of the commission or a deputy
appointed under subsection (a) may execute orders, subpoenas,
continuances, and other legal documents on behalf of the
commission.
(d) All expenses incurred in the administration of this chapter
shall be paid from the fund upon appropriation being made for the
expenses.
Sec. 12. (a) In accordance with IC 35-45-18-1(b), the commission
may adopt rules under IC 4-22-2 to regulate the conduct of the
following:
(1) Mixed martial arts.
(2) Martial arts, including the following:
(A) Jujutsu.
(B) Karate.
(C) Kickboxing.
(D) Kung fu.
(E) Tae kwon do.
(F) Judo.
(G) Sambo.
(H) Pankration.
(I) Shootwrestling.
(3) Professional wrestling.
(4) Boxing.
(5) Sparring.
(b) The commission may adopt emergency rules under
IC 4-22-2-37.1 if the commission determines that:
(1) the need for a rule is so immediate and substantial that the
ordinary rulemaking procedures under IC 4-22-2 are
inadequate to address the need; and
(2) an emergency rule is likely to address the need.
Sec. 13. (a) Boxing, sparring, and unarmed combat matches or
exhibitions, whether or not for prizes or purses, may be held in
Indiana.
(b) The commission:
(1) has the sole direction, management, control, and
jurisdiction over all boxing, sparring, and unarmed combat
matches or exhibitions to be conducted, held, or given in
Indiana; and
(2) may issue licenses for those matches or exhibitions.
(c) A boxing, sparring, or unarmed combat match or an
exhibition that is:
(1) conducted by any school, college, or university within
Indiana; or
(2) sanctioned by United States Amateur Boxing, Inc.;
is not subject to the provisions of this chapter requiring a license.
The term "school, college, or university" does not include a school
or other institution for the principal purpose of furnishing
instruction in boxing, or other athletics.
(d) Except as provided under section 17 of this chapter, no
boxing, sparring, or unarmed combat match or exhibition, except
as provided in this chapter, may be held or conducted within
Indiana except under a license and permit issued by the
commission in accordance with this chapter and the rules adopted
under this chapter.
Sec. 14. (a) The commission may:
(1) cause to be issued an annual license in writing for holding
boxing, sparring, or unarmed combat matches or exhibitions
to any person who is qualified under this chapter; and
(2) adopt rules to establish the qualifications of the applicants.
(b) In addition to a general license, a person must, before
conducting any particular boxing, sparring, or unarmed combat
match or exhibition where one (1) or more contests are to be held,
obtain a permit from the commission.
(c) Annual licenses may be revoked or suspended by the
commission upon hearing and proof that any holder of an annual
license has violated this chapter or any rule or order of the
commission.
(d) A person who knowingly, recklessly, or intentionally conducts a boxing, sparring, or unarmed combat match or exhibition without first obtaining a license or permit commits a Class B misdemeanor.
Sec. 15. (a) Applications for licenses or permits to conduct or participate in, either directly or indirectly, a boxing, sparring, or unarmed combat match or exhibition must be:
(1) made in writing upon forms prescribed by the commission and shall be addressed to and filed with the gaming commission; and
(2) verified by the applicant, if an individual, or by an officer of the club, corporation, or association in whose behalf the application is made.
(b) The application for a permit to conduct a particular boxing, sparring, or unarmed combat match or exhibition must, among other things, state:
(1) the time and exact place at which the boxing, sparring, or unarmed combat match or exhibition is proposed to be held;
(2) the names of the contestants who will participate and their seconds;
(3) the seating capacity of the buildings or the hall in which such exhibition is proposed to be held;
(4) the proposed admission charge;
(5) the amount of the compensation percentage of gate receipts that is proposed to be paid to each of the participants;
(6) the name and address of the applicant;
(7) the names and addresses of all the officers if the applicant is a club, a corporation, or an association; and
(8) the record of each contestant from a source approved by the commission.
(c) The commission shall keep records of the names and addresses of all persons receiving permits and licenses.
Sec. 16. (a) As used in this section, "applicant" means a person applying for a promoter's license or permit.
(b) The commission shall require an applicant to provide:
(1) information, including fingerprints, that is needed to facilitate access to criminal history information; and
(2) financial information, to the extent allowed by law.
(c) The state police department shall:
(1) provide assistance in obtaining criminal history information of an applicant; and
(2) forward fingerprints submitted by an applicant to the
Federal Bureau of Investigation for the release of an
applicant's criminal history information for the purposes of
licensure under this chapter.
(d) The applicant shall pay any fees associated with the release
of the criminal history information of the applicant.
Sec. 17. All promoters, either corporations or natural persons,
physicians, referees, judges, timekeepers, matchmakers,
professional boxers, unarmed competitors, managers of
professional boxers or unarmed competitors, trainers and seconds,
shall be licensed as provided in this chapter, and such a
corporation or person may not be permitted to participate, either
directly or indirectly, in any such boxing, sparring, or unarmed
combat match or exhibition, or the holding thereof, unless the
corporation and all such persons have first procured licenses. A
contest conforming to the rules and requirements of this chapter
is not considered to be a prize-fight.
Sec. 18. (a) As used in this section, "amateur mixed martial
arts" refers to mixed martial arts that is:
(1) performed for training purposes in a school or other
educational facility for no:
(A) purse; or
(B) prize with a value greater than one hundred dollars
($100); or
(2) performed in a match, contest, exhibition, or performance
for no:
(A) purse; or
(B) prize with a value greater than one hundred dollars
($100).
(b) As used in this section, "promoter" means the person
primarily responsible for organizing, promoting, and producing an
amateur mixed martial arts match or exhibition. The term does not
include a hotel, casino, resort, or other commercial establishment
hosting or sponsoring an amateur mixed martial arts match unless:
(1) the hotel, casino, resort, or other commercial
establishment is primarily responsible for organizing,
promoting, and producing the match or exhibition; and
(2) there is no other person primarily responsible for
organizing, promoting, and producing the match or
exhibition.
(c) For amateur mixed martial arts matches or exhibitions, only:
(1) a body sanctioning the match or exhibition; and
(2) the promoter of the match or exhibition;
must procure licenses under this chapter. The commission shall develop procedures and standards governing application for licensure and license renewal of bodies sanctioning a match or exhibition and promoters under this section. The commission shall develop procedures for inspection and enforcement with respect to licenses issued under this subsection.
(d) The commission shall adopt rules under IC 4-22-2 to license sanctioning bodies and promoters required to be licensed under this chapter.
(e) The commission shall adopt rules under IC 4-22-2 that apply to each match or exhibition covered under this section and that determine requirements for the following:
(1) The presence of a medical doctor licensed under IC 25-22.5.
(2) The presence of an ambulance.
(3) Requirements for medical and life insurance to be carried for each participant.
(4) The need for medical tests, including:
(A) tests for HIV;
(B) pregnancy tests for women participants; and
(C) screening tests for illegal drugs.
Sec. 19. A permit or license may not be issued to any person who has not complied with this chapter or who, before the applications, failed to obey a rule or order of the commission. In the case of a club, corporation, or association, a license or permit may not be issued to it if, before its application, any of its officers have violated this chapter or any rule or order of the commission. A promoter, physician, referee, judge, timekeeper, matchmaker, professional boxer, unarmed competitor, manager of a professional boxer or unarmed competitor, trainer, or second may not be licensed if the person holds a federal gambling stamp. A license or permit when issued must recite that the person to whom it is granted has complied with this chapter and that a license or permit is not transferable.
Sec. 20. The commission has full power and authority to limit the number of boxing, sparring, or unarmed combat matches or exhibitions to be held or given by any person, club, organization, or corporation in any city or town in Indiana.
Sec. 21. (a) A person to whom a permit is issued may not:
(1) hold the match or exhibition at any other time or place;
(2) permit any other contestant to participate in the match or exhibition;
(3) charge a greater rate or rates of admission; or
(4) pay a greater fee, compensation, or percentage to contestants than that specified in the application filed before the issuance of the permit.
(b) Notwithstanding subsection (a), in case of emergency the commission may, upon application, allow a person to hold a boxing, sparring, or unarmed combat match or exhibition wherever and whenever it may deem fit within the city in which the person is located and substitute contestants or seconds as circumstances may require.
Sec. 22. In case the commission refuses to grant a license or permit to any applicant, the applicant, at the applicant's option, is entitled to a hearing in the manner provided by this chapter, but if the commission, before the refusal, after a hearing, makes a valid finding that the applicant has been guilty of disobeying any rule or order of the commission, or of any provision of this chapter, the applicant is not entitled to a license or permit; and in case any boxing, sparring, or unarmed combat match, or exhibition has been conducted by any person, club, corporation, or association under this chapter, the commission on its own motion, or on the petition of any resident of Indiana, may conduct a hearing to determine whether such person, club, corporation, or association has disobeyed any rule or order of the commission or has been guilty of any violation of this chapter.
Sec. 23. Any hearing by the commission must be in accordance with IC 4-21.5-3.
Sec. 24. All buildings or structures used, or in any way to be used for the purpose of holding or giving therein boxing, sparring, or unarmed combat matches or exhibitions, must be properly ventilated and provided with fire exits and fire escapes, if necessary, and in all manner must conform to the laws, ordinances, and regulations pertaining to buildings in the city or town where situated.
Sec. 25. (a) A person shall not:
(1) permit any person less than eighteen (18) years of age to participate in any boxing or sparring match or exhibition;
(2) permit any gambling on the result of, or on any contingency in connection with, any boxing or sparring match or exhibition conducted by it; or
(3) participate in or permit any sham or collusive boxing or sparring match or exhibition.
(b) A person who violates this section, in addition to any
criminal penalty:
(1) shall have the person's license or permit revoked,
suspended, or restricted by the commission;
(2) shall be placed on probation by the commission;
(3) shall pay a civil penalty imposed by the commission not to
exceed one thousand dollars ($1,000);
(4) is ineligible for a license or permit at any future time; or
(5) is subject to the imposition by the commission of any
combination of the penalties set forth in subdivisions (1)
through (4).
Sec. 26. (a) A person shall not:
(1) participate in any sham or collusive boxing or sparring
match or exhibition where the match or exhibition is
conducted by a licensed person; or
(2) being less than eighteen (18) years of age, participate in
any boxing or sparring match or exhibition.
(b) For a first offense, tin addition to the fine, a person who is a
licensed contestant in Indiana and violates this section:
(1) shall have the person's license or permit revoked,
suspended, or restricted by the commission;
(2) shall be placed on probation by the commission;
(3) shall pay a civil penalty imposed by the commission not to
exceed one thousand dollars ($1,000);
(4) is ineligible for a license or permit at any future time; or
(5) is subject to the imposition by the commission of any
combination of the penalties set forth in subdivisions (1)
through (4).
For a second offense, a licensed contestant who violates this section
may be forever barred from receiving any license or permit or
participating in any boxing or sparring match or exhibition in
Indiana.
(c) A person who gambles on the result of, or on any
contingency in connection with, any boxing or sparring match or
exhibition and is convicted under IC 35-45-5 shall, in addition to
any criminal penalty imposed, be penalized as provided in
subsection (b).
Sec. 27. (a) Each contestant for boxing, sparring, or unarmed
combat shall be examined within two (2) hours before entering the
ring by a competent physician licensed under IC 25-22.5 appointed
by the commission. The physician shall certify in writing that each
contestant is physically fit to engage in the contest if the physician
so determines, and the physician's certificate shall be delivered to
the commission before the contest. The physician shall mail the
report of examination to the commission within twenty-four (24)
hours after the contest. Blank forms of physicians' reports shall be
furnished to physicians by the commission, and questions on blank
forms must be answered in full. No match, contest, or exhibition
shall be held unless a licensed physician is in attendance. Any boxer
or unarmed competitor who, in the opinion of the physician, is
physically unfit to enter the match or exhibition shall be excused by
the commission or its deputy. During the conduct of the match or
exhibition, the physician may observe the physical condition of the
boxers or unarmed competitors and if, in the opinion of the
physician, any contestant in any match or exhibition is physically
unfit to continue, the physician shall advise the referee.
(b) A boxing or sparring match or exhibition may not last more
than twelve (12) rounds, and each round may not last more than
three (3) minutes. There must not be less than a one (1) minute
intermission between each round. The commission may for any
bout or any class of contestants limit the number of rounds of the
bout within the maximum of twelve (12) rounds.
(c) Any contestant in a boxing or sparring match or an
exhibition must wear standard gloves, weighing not less than eight
(8) ounces, and the gloves worn by each of the contestants must be
equal in weight.
(d) At each boxing, sparring, or unarmed combat match or
exhibition there must be in attendance, at the expense of the person
conducting the match or exhibition, a licensed referee who shall
direct and control the match or exhibition. Before starting each
contest, the referee shall ascertain from each contestant the name
of his chief second, and shall hold the chief second responsible for
the conduct of his assistant seconds during the contest. The referee
may declare forfeited a part or all of any remuneration or purse
belonging to the contestants, or one (1) of them, if, in the referee's
judgment, the contestant or contestants are not honestly
competing. Any forfeited amount shall be paid into the fund.
(e) There must also be in attendance at the expense of the person
conducting the match or exhibition three (3) licensed judges who
shall, at the termination of each boxing, sparring, or unarmed
combat match or exhibition render their decisions as to the winner.
(f) A person who holds any boxing, sparring, or unarmed
combat match or exhibition in violation of this section commits a
Class A infraction.
(g) A physician who knowingly certifies falsely to the physical
condition of any contestant commits a Class B infraction.
Sec. 28. (a) A contestant may not participate in any boxing,
sparring, or unarmed combat match or exhibition unless registered
and licensed with the commission, which license must be renewed
biennially. The license fee and the renewal fee may not be less than
five dollars ($5), paid at the time of the application for the license
or renewal.
(b) Any person who desires to be registered and licensed as a
contestant shall file an application in writing with the executive
director of the commission stating:
(1) the correct name of the applicant;
(2) the date and place of the applicant's birth;
(3) the place of the applicant's residence; and
(4) the applicant's employment, business, or occupation, if
any.
The application must be verified under oath of the applicant. An
application for a renewal license must be in similar form.
(c) No assumed or ring names shall be used in any application
nor in any advertisement of any contest, unless the ring or assumed
name has been registered with the commission with the correct
name of the applicant.
(d) Each application for license by a contestant or for a license
renewal must be accompanied by the certificate of a physician
residing within Indiana who is licensed as provided in this article
and has practiced in Indiana for not less than five (5) years,
certifying that the physician has made a thorough physical
examination of the applicant, and that the applicant is physically
fit and qualified to participate in boxing, sparring, or unarmed
combat matches or exhibitions.
Sec. 29. (a) The commission shall, upon proper application,
grant licenses to competent referees and judges whose
qualifications may be tested by the commission, and the
commission may revoke any such license granted to any referee or
judge upon cause as the commission finds sufficient. A referee's or
judge's license must be renewed biennially. No person shall be
permitted to act as referee or judge in Indiana without a license.
(b) The application for license as referee, or renewal thereof,
shall be accompanied by a fee established by the commission.
(c) The commission shall appoint, from among licensed officials,
all officials for all contests held under this chapter.
Sec. 30. The commission may declare any person who has been
convicted of an offense under IC 35-48 ineligible to participate in
any boxing, sparring, or unarmed combat match or exhibition, or
any other activity or event regulated by the commission,
notwithstanding that the person may hold a valid license issued by
the commission. The period of ineligibility shall be for not less than
six (6) months nor more than three (3) years, as determined by the
commission. If a convicted person is declared ineligible, the
commission shall suspend the person and declare the person
ineligible to participate in any boxing, sparring, or unarmed
combat match or exhibition, or any other activity or event
regulated by the commission, as soon as it discovers the conviction,
but the period of ineligibility shall commence from the actual date
of the conviction. During the period of ineligibility, the suspended
person may reapply to the commission for a license.
Sec. 31. (a) Any license under this chapter may be revoked or
suspended by the commission for reasons sufficient under this
chapter.
(b) If a person displays to the public credentials issued by the
commission that:
(1) have been revoked or suspended under this chapter; or
(2) have expired;
the commission may declare the person ineligible for a period to be
determined by the commission to participate in any boxing,
sparring, or unarmed combat match, exhibition, or other activity
regulated by the commission.
Sec. 32. (a) Every person, club, corporation, firm, or association
that may conduct any match or exhibition under this chapter shall
do the following within twenty-four (24) hours after the end of the
match or exhibition:
(1) Furnish to the commission, by mail, a written report duly
verified by that person or, if a club, corporation, firm, or
association, by one (1) of its officers, showing the amount of
the gross proceeds for the match or exhibition and other
related matters as the commission may prescribe.
(2) Pay a tax of five percent (5%) of the price from the sale of
each admission ticket to the match or exhibition, which price
is a separate and distinct charge and shall not include any tax
imposed on and collected on account of the sale of the ticket.
Money derived from the tax shall be deposited in the fund.
(3) Pay all fees established by the commission necessary to
cover the administrative costs of its regulatory oversight
function.
(b) Before any license is granted for any boxing, sparring, or
unarmed combat match or exhibition in Indiana, a bond or other
instrument that provides financial recourse must be provided to
the commission. The instrument must be:
(1) in an amount determined by the commission;
(2) approved as to form and sufficiency of the sureties by the
commission;
(3) payable to the state; and
(4) conditioned for the payment of the tax imposed, the
officials and contestants, and compliance with this chapter
and the valid rules of the commission.
Sec. 33. (a) Every person, club, corporation, firm, or association
holding or showing any boxing, sparring, or unarmed combat
matches on a closed circuit telecast, pay per view telecast, or
subscription television viewed within Indiana, whether originating
within Indiana or another state, shall furnish the executive director
of the commission a written report, under oath, stating the amount
of gross proceeds from holding or showing the contest and any
other matter as the commission may prescribe and shall, within
seventy-two (72) hours after the showing of the contest, pay a tax
of five percent (5%) of its total gross receipts for the holding or
showing of the boxing, sparring, or unarmed combat match.
Money derived from the tax shall be placed in the fund.
(b) This section does not apply to a showing occurring at a
private residence.
Sec. 34. Whenever a report under section 33 of this chapter is
unsatisfactory to the state treasurer, the state treasurer may
examine or cause to be examined the books and records of the
person, club, corporation, or association and subpoena and
examine, under oath, that person or officers and other persons as
witnesses for the purpose of determining the total amount of the
gross receipts derived from any contest, and the amount of tax due,
under this chapter, which tax the state treasurer may upon
examination, fix and determine. In case of default in the payment
of any tax due, together with the expenses incurred in making the
examination for a period of twenty (20) days after written notice to
the delinquent person, club, corporation, or association of the
amount fixed by the state treasurer as delinquent, the person, club,
corporation, or association shall be disqualified from receiving any
new license or permit, and the attorney general shall institute suit
upon the bond filed under section 32 of this chapter, to recover the
tax and penalties imposed by this chapter. In addition to the tax
due from the delinquent person, club, corporation, or association,
a penalty in the sum of not more than one thousand dollars
($1,000) for each offense shall be recovered by the attorney general
for the state.
Sec. 35. The commission may appoint official representatives,
designated as inspectors, each of whom shall receive from the
commission a card authorizing the official representative to act as
an inspector wherever the commission may designate the official
representative to act. One (1) inspector or deputy shall:
(1) be present at all boxing, sparring, or unarmed combat
matches or exhibitions and ensure that the rules of the
commission and this chapter are strictly observed; and
(2) be present at the counting up of the gross receipts and
immediately mail to the commission the final box office
statement received by the inspector or deputy from the person
or officers of the club, corporation, or association conducting
the match or exhibition.
Sec. 36. The commission shall determine the weights and classes
of boxers and unarmed competitors and the rules and regulations
of boxing and unarmed combat.
Sec. 37. All tickets of admission to any boxing, sparring, or
unarmed combat match or exhibition must clearly show the
purchase price. Tickets shall not be sold for more than the price
printed on the tickets. It is unlawful for any person, club,
corporation, or association to admit to a contest a number of
people greater than the seating capacity of the place where the
contest is held.
Sec. 38. A contestant shall not be paid for services before the
contest, and the referee and judges must determine that if any
contestant did not give an honest exhibition of the contestant's skill,
the contestant's services shall not be paid for.
Sec. 39. All fees received by the executive director of the
commission on behalf of the commission under this chapter shall
be paid into the fund.
Sec. 40. A person who violates this chapter commits a Class B
misdemeanor.
Sec. 41. The commission may adopt rules under IC 4-22-2 to
administer this chapter.
(1) "Law enforcement officer" means an appointed officer or employee hired by and on the payroll of the state, any of the state's political subdivisions, or a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2 who is granted lawful authority to enforce all or some of the penal laws of the state of Indiana and who possesses, with respect to those laws, the power to effect arrests for offenses committed in the officer's or employee's presence. However, the following are expressly excluded from the term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described in IC 36-8-3-7 or a special deputy whose powers and duties are described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board created by this chapter.
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the public or a law enforcement officer.
(A) the chief executive officer, board, or other entity of a police department or agency with authority to appoint and hire
law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
(1) The superintendent of the Indiana state police department, who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness and training of the department of homeland security. The deputy director shall serve as the vice chair of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of at least one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fifty thousand (50,000) but less than one hundred thousand (100,000) population.
(6) One (1) county sheriff from a county of under fifty thousand (50,000) population.
(7) One (1) chief of police from a city of at least thirty-five thousand (35,000) population, who is not the chief of police of a consolidated city.
(8) One (1) chief of police from a city of at least ten thousand (10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal from a city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising criminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials of counties, cities, and towns.
the members of the board in an advisory, nonvoting capacity:
(1) The special agent in charge of the Federal Bureau of
Investigation field office covering the state of Indiana, subject to
the agent's approval to serve in such capacity.
(2) The attorney general of Indiana.
(3) One (1) member representing forensic science, to be
appointed by the governor.
(4) One (1) member representing theology, to be appointed by the
governor.
(5) The director of the law enforcement division of the
department of natural resources.
governor is authorized and empowered to appoint members to the
advisory council in addition to those enumerated in section 3(b) of this
chapter. All members appointed to the advisory council by the
governor shall serve only during the pleasure of the governor. Advisory
council appointments need not be made on a bipartisan basis.
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following are true:
(1) That I am a dealer licensed under
(2) That I cannot deliver a valid certificate of title to the retail purchaser of the vehicle described in paragraph (3) at the time of sale of the vehicle to the retail purchaser. The identity of the previous seller or transferor is __________________________. Payoff of lien was made on (date)_______. I expect to deliver a valid and transferable certificate of title not later than (date)_______________ from the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle identification number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AFFIDAVIT.
___________________________________
Customer Signature
If you do not receive a valid certificate of title within the time specified by this affidavit, you have the right to return the vehicle to the vehicle dealer ten (10) days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title and after the vehicle dealer's failure to deliver a valid certificate of title within that ten (10) day period. Upon return of the vehicle to the vehicle dealer in the same or similar condition as when it was delivered to you, the vehicle dealer shall pay you the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount that you paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lienholder to timely deliver the certificate of title in the third party's possession to the dealer not more than ten (10) business days after there is no obligation secured by the vehicle. If the dealer's inability to deliver a valid certificate of title to you within the above-described ten (10) day period results from the acts or omissions of a third party who has failed to timely deliver the certificate of title in the third party's possession to the dealer, the dealer
may be entitled to claim against the third party the damages allowed by
law.
(1) Develop, plan, and conduct programs and activities designed to prevent and reduce traffic accidents and to facilitate the control of traffic on Indiana streets and highways.
(2) Advise, recommend, and consult with state departments, divisions, boards, commissions, and agencies concerning traffic safety, accident prevention, and traffic facilitation programs and activities and coordinate these programs and activities on an effective statewide basis.
(3) Organize and conduct, in cooperation with state departments and agencies, programs, services, and activities designed to aid political subdivisions in the control of traffic and prevention of traffic accidents.
(4) Develop informational, educational, and promotional material on traffic control and traffic accident prevention, disseminate the material through all possible means of public information, and serve as a clearinghouse for information and publicity on traffic control and accident prevention programs and activities of state departments and agencies. These activities must include materials and information designed to make senior citizens aware of the effect of age on driving ability.
(5) Cooperate with public and private agencies interested in traffic control and traffic accident prevention in the development and conduct of public informational and educational activities designed to promote traffic safety or to support the official traffic safety program of Indiana.
(6) Study and determine the merits of proposals affecting traffic control, traffic safety, or traffic accident prevention activities in Indiana and recommend to the governor and the general assembly the measures that will serve to further control and reduce traffic accidents.
(7) Study proposed revisions and amendments to the motor vehicle laws and all other laws concerning traffic safety and make recommendations relative to those laws to the governor and general assembly.
(8) Develop and conduct a program of effective alcohol and drug countermeasures to protect and conserve life and property on
Indiana streets and highways.
(9) Administer the operation lifesaver program referred to in
section 12 of this chapter to promote and coordinate public
education concerning railroad grade crossing safety.
(1) Determining the individual's suitability for employment with the state, or as an employee of a contractor of the state, in a position:
(A) that has a job description that includes contact with, care of, or supervision over a person less than eighteen (18) years of age;
(B) that has a job description that includes contact with, care of, or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);
(C) at a state institution managed by the office of the secretary of family and social services or state department of health;
(D) at the Indiana School for the Deaf established by IC 20-22-2-1;
(E) at the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1;
(F) at a juvenile detention facility;
(G) with the Indiana gaming commission under IC 4-33-3-16;
(H) with the department of financial institutions under IC 28-11-2-3; or
(I) that has a job description that includes access to or supervision over state financial or personnel data, including state warrants, banking codes, or payroll information pertaining to state employees.
(2) Identification in a request related to an application for a teacher's license submitted to the department of education established by IC 20-19-3-1.
(3) Use by the
(4) Use by the Indiana board of pharmacy in determining the
individual's suitability for a position or employment with a
wholesale drug distributor, as specified in IC 25-26-14-16(b),
IC 25-26-14-16.5(b), IC 25-26-14-17.8(c), and IC 25-26-14-20.
An applicant shall submit the fingerprints in an appropriate format or
on forms provided for the employment or license application. The
department shall charge each applicant the fee established under
section 28 of this chapter and by federal authorities to defray the costs
associated with a search for and classification of the applicant's
fingerprints. The department may forward fingerprints submitted by an
applicant to the Federal Bureau of Investigation or any other agency for
processing. The state personnel department or the agency to which the
applicant is applying for employment or a license may receive the
results of all fingerprint investigations.
(b) An applicant who is an employee of the state may not be charged
under subsection (a).
(c) Subsection (a)(1) does not apply to an employee of a contractor
of the state if the contract involves the construction or repair of a
capital project or other public works project of the state.
(1) For purposes of IC 12-9-4, the meaning set forth in IC 12-9-4-1.
(2) For purposes of IC 12-12-8, the meaning set forth in IC 12-12-8-2.5.
(3) For purposes of IC 12-13-4, the meaning set forth in IC 12-13-4-1.
(1) All resources disregarded by the office under this article for the purpose of determining eligibility for Medicaid.
(2) Any resource eligible for exclusion under 42 U.S.C. 1396a(r)(2), including a retirement account established under 26 U.S.C. 220 and held by either the applicant or recipient or the applicant's or recipient's spouse.
(3) Subject to approval by the office, not more than twenty thousand dollars ($20,000) in independence and self-sufficiency accounts held by the applicant or recipient for the sole purpose of purchasing goods or services, including assistive technology and personal assistance, that:
(A) will increase the employability or independence of the applicant or recipient; and
(B) are not services to which the recipient is entitled under Medicaid or any other publicly funded program.
(1) the buy-in program; and
(2) continued Medicaid coverage through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(b) The criteria required under subsection (a) must include the following:
(1) The number of individuals with disabilities who are:
(A) enrolled in the buy-in program; or
(B) receiving Medicaid through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(2) State revenues resulting from premiums paid by participants in the buy-in program.
(3) State costs incurred as a result of implementing the buy-in program, including administrative costs and costs of providing services.
(c) In addition to the criteria required under subsection (b), the office may establish criteria to determine the following:
(1) Comparative costs of Medicaid funded services for participants in the buy-in program and work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) before and after employment.
(2) The number of Supplemental Security Income and Social Security Disability Insurance recipients in Indiana who are no longer dependent on, or who have reduced dependence on, public assistance or health care entitlement services, other than Medicaid or the children's health insurance program, due to participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(3) The number of individuals with severe disabilities who are no longer dependent on, or who have reduced dependence on, public benefits or services, other than Medicaid or the children's health insurance program, due to income or support services received through participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(4) The change in the number of buy-in program participants or participants in work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) who have health care needs and related services covered though employer based benefit programs.
(d) In evaluating the effectiveness of the state's work incentive initiatives for individuals with disabilities, the office:
(1) shall collaborate with other state agencies on data collection; and
(2) may consult with an independent contractor to collect data on the criteria listed under subsection (b).
(b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement this chapter on an emergency basis.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
(d) "Commission", for purposes of IC 14-13-3, has the meaning set forth in IC 14-13-3-1.
(e) "Commission", for purposes of IC 14-13-4, has the meaning set forth in IC 14-13-4-1.
(f) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.
(g) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.
(h) "Commission", for purposes of IC 14-14-1, has the meaning set forth in IC 14-14-1-3.
(1) For purposes of IC 14-13-1-22, the meaning set forth in IC 14-13-1-22.
(2) For purposes of IC 14-13-1-23, the meaning set forth in IC 14-13-1-23.
(3) For purposes of IC 14-13-1-24, the meaning set forth in
IC 14-13-1-24.
(4) For purposes of IC 14-13-1-25, the meaning set forth in
IC 14-13-1-25.
(5) For purposes of IC 14-21-1, the meaning set forth in
IC 14-21-1-5.
(1) The commissioner of the Indiana department of transportation or the commissioner's designee.
(2) The commissioner of the department of environmental management or the commissioner's designated deputy.
(3) The director of the office of tourism development or the director's designee.
(4) The director of the department.
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public.
(b) A person that seeks to contract with the commission for the provision of certain minimum quantities of stream flow or the sale of water on a unit pricing basis under section 2 of this chapter must submit a request to the commission and the department. The commission shall not make a determination as to whether to enter into a contract with the person making the request until
(c) Not later than thirty (30) days after receiving a request under subsection (b), the department shall provide, by certified mail, written notice of the request to the following:
(1) Each person with whom the commission holds a contract for:
(A) the provision of certain minimum quantities of stream flow; or
(B) the sale of water on a unit pricing basis;
as of the date of the request.
(2) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the water sought in the request would be used.
(3) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the affected reservoir is located.
(d) Not later than seven (7) days after receiving a notice from the department under subsection (c), each person described in subsection (c)(1) shall, by certified mail, provide written notice of the request to each:
(1) water utility; or
(2) other person;
that contracts with the person described in subsection (c)(1) for the purchase of water for resale. Each person to whom notice is mailed under this subsection is in turn responsible for providing written notice by certified mail to each water utility or other person that purchases water from that person for resale. A water utility or another person required to provide notice under this subsection shall mail the required notice not later than seven (7) days after it receives notice of the request from the water utility or other person from whom it purchases water for resale.
(e) At the same time that:
(1) a person described in subsection (c)(1); or
(2) a water utility or another person described in subsection (d);
mails any notice required under subsection (d), it shall also mail to the department, by certified mail, a list of the names and addresses of each
water utility or other person to whom it has mailed the notice under
subsection (d).
(f) In addition to the mailed notice required under subsection (c), the
department shall publish notice of the request, in accordance with
IC 5-3-1, in each county:
(1) in which a person described in section (c)(1) is located;
(2) in which the affected reservoir is located;
(3) in which the water sought in the request would be used; and
(4) in which a water utility or other person included in a list
received by the department under subsection (e) is located.
Notwithstanding IC 5-3-1-6, in each county in which publication is
required under this subsection, notice shall be published in at least one
(1) general circulation newspaper in the county. The department may,
in its discretion, publish public notices in a qualified publication (as
defined in IC 5-3-1-0.7) or additional newspapers to provide
supplementary notification to the public. The cost of publishing
supplementary notification is a proper expenditure of the department.
(g) A notice required to be mailed or published under this section
must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request; and
(3) set forth the date, time, and location of the public meeting
required under subsection (h); and
(4) (3) in the case of a notice that is required to be mailed under
subsection (c)(1) or (d), a statement of the recipient's duty to in
turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in accordance
with subsection (d).
(h) The advisory council established by IC 14-9-6-1 shall hold a
public meeting in each county in which notice is published under
subsection (f). A public meeting required under this subsection must
include the following:
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine
whether to enter into a contract with the person making the
request.
(2) An opportunity for public comment on the pending request.
The advisory council may appoint a hearing officer to assist with a
public meeting held under this subsection.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council shall submit to the
commission a report summarizing the public meeting.
(b) The deputy director for water and resource regulation shall serve as technical secretary to the commission. The deputy director shall perform the duties that are required by this chapter or that the commission directs.
commission shall adopt, under IC 4-22-7-7(a)(5)(A), and maintain a
nonrule policy statement that lists the public freshwater lakes in
Indiana. For each public freshwater lake the statement must include the
following information:
(1) The name of the lake.
(2) The county and specific location within the county where the
lake is located.
(b) A person may obtain administrative review from the commission
for the listing or nonlisting of a lake as a public freshwater lake through
a licensure action, status determination, or enforcement action under
IC 4-21.5.
(1) conduct educational, informational, and youth programs, and sponsor and expend funds for any program and advertising aimed at promoting the standardbred industry in Indiana;
(2) employ persons to aid in general promotion or race administration programs for the standardbred industry in Indiana;
(3) prescribe standards for race programs and conditions of races, which may include types of races, length of races, positioning of entries, or gait;
(4) disburse available money to supplement purses for any individual race with a cooperating fair or standardbred race meeting;
(5) disburse available money to supplement purses for races having the requirement that the entries be owned by legal residents of Indiana; and
(6) accept and disburse donations, contributions, appropriations, or grants of money or real or personal property.
(b)
(1) the division between the trotting and pacing gaits of the standardbred horse is as near equal as possible in proportion to entries received for any race program; or
(2) the entries may have been conceived by a stallion that regularly stands within Indiana and that is listed in the standardbred registry.
(c) The Indiana horse racing commission shall establish a standardbred registry.
(d)
(e)
(b) The money received by the Indiana horse racing commission under this chapter shall be deposited in the standardbred horse fund. The standardbred horse fund is a nonbudgetary fund. Money remaining in the standardbred horse fund at the end of a state fiscal year does not revert to the state general fund.
(c)
(d) The Indiana horse racing commission shall pay any expense incurred in administering this chapter from the standardbred horse fund.
(1) For purposes of IC 16-21, the hospital council.
(1) Propose the adoption of rules by the state department under IC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect the health, safety, security, rights, and welfare of home health care patients and hospice patients.
(B) Qualifications of applicants for licenses issued under IC 16-25 and IC 16-27.
(2) Recommend to other state agencies or governing bodies rules necessary to protect the health, safety, security, rights, and welfare of home health care patients and hospice patients.
(3) Act as an advisory body for the division, state health commissioner, and state department.
(b) The council may recommend interpretive guidelines when necessary to assist a home health agency or hospice in meeting the requirements of a rule.
(c) The state department may request the council to propose a new rule or an amendment to a rule necessary to protect the health, safety, rights, and welfare of the home health care patients and hospice patients. If the council does not propose a rule within ninety (90) days after the state department's request, the state department may propose the rule. The executive board shall consider rules proposed by the council under this section. The executive board may adopt, modify, remand, or reject specific rules or parts of rules proposed by the council. To become effective, all rules proposed by the council under this chapter must be adopted by the executive board in accordance with IC 4-22-2.
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing athletic commission (IC 25-9-1).
(6) (5) Board of chiropractic examiners (IC 25-10-1).
(7) (6) State board of cosmetology examiners (IC 25-8-3-1).
(8) (7) State board of dentistry (IC 25-14-1).
(9) (8) State board of funeral and cemetery service (IC 25-15-9).
(10) (9) State board of registration for professional engineers
(IC 25-31-1-3).
(11) (10) Indiana state board of health facility administrators
(IC 25-19-1).
(12) (11) Medical licensing board of Indiana (IC 25-22.5-2).
(13) (12) Indiana state board of nursing (IC 25-23-1).
(14) (13) Indiana optometry board (IC 25-24).
(15) (14) Indiana board of pharmacy (IC 25-26).
(16) (15) Indiana plumbing commission (IC 25-28.5-1-3).
(17) (16) Board of podiatric medicine (IC 25-29-2-1).
(18) (17) Board of environmental health specialists (IC 25-32-1).
(19) (18) State psychology board (IC 25-33).
(20) (19) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) (20) Indiana real estate commission (IC 25-34.1-2).
(22) (21) Indiana board of veterinary medical examiners
(IC 25-38.1).
(23) (22) Department of natural resources for purposes of
licensing water well drillers under IC 25-39-3.
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects (IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(IC 25-19-1).
(12) (11) Medical licensing board of Indiana (IC 25-22.5-2).
(13) (12) Mining board (IC 22-10-1.5-2).
(14) (13) Indiana state board of nursing (IC 25-23-1).
(15) (14) Indiana optometry board (IC 25-24).
(16) (15) Indiana board of pharmacy (IC 25-26).
(17) (16) Indiana plumbing commission (IC 25-28.5-1-3).
(18) (17) Board of environmental health specialists (IC 25-32-1).
(19) (18) State psychology board (IC 25-33).
(20) (19) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) (20) Indiana real estate commission (IC 25-34.1-2-1).
(22) (21) Indiana board of veterinary medical examiners
(IC 25-38.1-2-1).
(23) (22) Department of insurance (IC 27-1).
(24) (23) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(25) (24) Department of natural resources for purposes of
licensing water well drillers under IC 25-39-3.
(26) (25) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(27) (26) Occupational therapy committee (IC 25-23.5-2-1).
(28) (27) Social worker, marriage and family therapist, and
mental health counselor Behavioral health and human services
licensing board (IC 25-23.6-2-1).
(29) (28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(30) (29) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) (30) Physician assistant committee (IC 25-27.5).
(32) (31) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) (32) Board of podiatric medicine (IC 25-29-2-1).
(34) (33) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) (34) Indiana physical therapy committee (IC 25-27).
(36) (35) Manufactured home installer licensing board
(IC 25-23.7).
(37) (36) Home inspectors licensing board (IC 25-20.2-3-1).
(38) (37) State board of massage therapy (IC 25-21.8-2-1).
(39) (38) Any other occupational or professional agency created
after June 30, 1981.
JULY 1, 2010]: Sec. 1. As used in this chapter, "board" means any of
the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State athletic commission (IC 25-9-1).
(6) (5) State board of cosmetology examiners (IC 25-8-3-1).
(7) (6) State board of registration of land surveyors
(IC 25-21.5-2-1).
(8) (7) State board of funeral and cemetery service (IC 25-15-9).
(9) (8) State board of registration for professional engineers
(IC 25-31-1-3).
(10) (9) Indiana plumbing commission (IC 25-28.5-1-3).
(11) (10) Indiana real estate commission (IC 25-34.1-2-1).
(12) (11) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(13) (12) Private investigator and security guard licensing board
(IC 25-30-1-5.2).
(14) (13) Manufactured home installer licensing board
(IC 25-23.7).
(15) (14) Home inspectors licensing board (IC 25-20.2-3-1).
(16) (15) State board of massage therapy (IC 25-21.8-2-1).
(b) The commissioner may not approve a course under this section if the course:
(1) is designed to prepare an individual to receive an initial license under this chapter;
(2) concerns only routine, basic office skills, including filing, keyboarding, and basic computer skills;
(3) concerns sales promotion and sales techniques;
(4) concerns motivation, psychology, or time management; or
(5) may be completed by a licensee without supervision by an instructor, unless the course involves an examination process that is:
(A) completed and passed by the licensee as determined by the provider of the course; and
(B) approved by the commissioner.
(c) The commissioner shall approve a course under this section that is submitted for approval by an insurance trade association or professional insurance association if:
(1) the objective of the course is to educate a manager or an owner of a business entity that is required to obtain an insurance producer license under IC 27-1-15.6-6(d);
(2) the course teaches insurance producer management and is designed to result in improved efficiency in insurance producer operations, systems use, or key functions;
(3) the course is designed to benefit consumers; and
(4) the course is not described in subsection (b).
(d) Approval of a continuing education course under this section shall be for a period of not more than two (2) years.
(e) A prospective provider of a continuing education course shall pay:
(1) a fee of forty dollars ($40) for each course submitted for approval of the commissioner under this section; or
(2) an annual fee of five hundred dollars ($500) not later than January 1 of a calendar year, which entitles the prospective provider to submit an unlimited number of courses for approval of the commissioner under this section during the calendar year.
The commissioner may waive all or a portion of the fee for a course submitted under a reciprocity agreement with another state for the approval or disapproval of continuing education courses. Fees collected under this subsection shall be deposited in the department of insurance fund established under IC 27-1-3-28.
(f) The commissioner shall adopt rules under IC 4-22-2 to establish procedures for approving continuing education courses.
(1) Be conducted or developed by an:
(A) insurance trade association;
(B) accredited college or university; or
(2) Provide for self-study or instruction provided by an approved instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty-four (24) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana; and
(iii) principles of life insurance.
(B) For health insurance producers, not less than twenty-four (24) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana; and
(iii) principles of health insurance.
(C) For life and health insurance producers, not less than forty (40) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana;
(iii) principles of life insurance; and
(iv) principles of health insurance.
(D) For property and casualty insurance producers, not less than forty (40) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana;
(iii) principles of property insurance; and
(iv) principles of liability insurance.
(E) For personal lines producers, a minimum of twenty-four (24) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana; and
(iii) principles of property and liability insurance applicable to coverages sold to individuals and families for primarily noncommercial purposes.
(F) For title insurance producers, not less than ten (10) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of title insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana;
(iii) principles of title insurance, including underwriting and escrow issues; and
(iv) principles of the federal Real Estate Settlement Procedures Act (12 U.S.C. 2608).
(3) Instruction provided in a structured setting must be provided only by individuals who meet the qualifications established by the commissioner under subsection (b).
(b) The commissioner
(c) The commissioner shall adopt rules under IC 4-22-2 prescribing the subject matter that an insurance producer program of study must cover to qualify for certification as a certified prelicensing course of study under this section.
(d) The commissioner may make recommendations that the commissioner considers necessary for improvements in course materials.
(e) The commissioner shall designate a program of study that meets the requirements of this section as a certified prelicensing course of study for purposes of IC 27-1-15.6-6.
(f) The commissioner may, after notice and opportunity for a hearing, withdraw the certification of a course of study that does not maintain reasonable standards, as determined by the commissioner for the protection of the public.
(g) Current course materials for a prelicensing course of study that is certified under this section must be submitted to the commissioner upon request, but not less frequently than once every three (3) years.
JULY 1, 2010]: Sec. 1. (a) As used in this chapter, "combative
fighting" (also known as "toughman fighting", "badman fighting", and
"extreme fighting") means a match, contest, or exhibition that involves
at least (2) contestants, with or without gloves or protective headgear,
in which the contestants:
(1) use their:
(A) hands;
(B) feet; or
(C) both hands and feet;
to strike each other; and
(2) compete for a financial prize or any item of pecuniary value.
(b) The term does not include:
(1) a boxing, sparring, or unarmed combat match regulated under
IC 25-9; IC 4-33-22;
(2) mixed martial arts (as defined by IC 25-9-1-0.3).
IC 4-33-22-2);
(3) martial arts, as regulated by the state athletic gaming
commission in rules adopted under IC 25-9-1-4.5; IC 4-33-22;
(4) professional wrestling, as regulated by the state athletic
gaming commission in rules adopted under IC 25-9-1-4.5;
IC 4-33-22; or
(5) a match, contest, or game in which a fight breaks out among
the participants as an unplanned, spontaneous event and not as an
intended part of the match, contest, or game.
(1) a disability in the line of duty (as described in section 8(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 8(b)(1) of this chapter).
The local board shall forward its recommendation to the
(b) The
shall review the local board's recommendation not later than forty-five
(45) days after receiving the recommendation and shall then issue an
initial determination of whether the disability is in the line of duty or
not in the line of duty. The 1977 fund advisory committee PERF
board's director shall notify the local board, the safety board, and the
fund member of its the director's initial determination.
(c) The fund member, the safety board, or the local board may
object in writing to the 1977 fund advisory committee's PERF board's
director's initial determination under subsection (b) not later than
fifteen (15) days after the initial determination is issued. If a written
objection is not filed, the 1977 fund advisory committee's PERF
board's director's initial determination becomes the final order of the
PERF board. If a timely written objection is filed, the 1977 fund
advisory committee PERF board shall issue a final determination after
a hearing. The final determination must be issued not later than one
hundred eighty (180) days after the date of receipt of the local board's
recommendation.
(b) If a member of the fire department becomes seventy (70) years of age or is found upon examination by a medical officer to have a physical or mental disability and to be unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, so as to make necessary the person's retirement from all service with the department, the local board shall retire the person.
(c) The local board may retire a person for disability only after a hearing conducted under IC 36-8-8-12.7.
(d) If after the hearing the local board determines that a person who became disabled before July 1, 2000, is disabled and unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act, the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class
firefighter in the unit at the time of the payment of the pension. All
physical and mental examinations of members of the fire department
shall be made on order of the local board by a medical officer
designated by the local board.
(e) If after the hearing under this section and a recommendation
under section 12.5 of this chapter, the 1977 fund advisory committee
PERF board determines that a person who becomes disabled after
June 30, 2000:
(1) has a disability that is:
(A) the direct result of:
(i) a personal injury that occurs while the fund member is on
duty;
(ii) a personal injury that occurs while the fund member is
responding to an emergency or reported emergency for
which the fund member is trained; or
(iii) an occupational disease (as defined in IC 22-3-7-10),
including a duty related disease that is also included within
clause (B);
(B) a duty related disease (for purposes of this section, a "duty
related disease" means a disease arising out of the fund
member's employment. A disease is considered to arise out of
the fund member's employment if it is apparent to the rational
mind, upon consideration of all of the circumstances, that:
(i) there is a connection between the conditions under which
the fund member's duties are performed and the disease;
(ii) the disease can be seen to have followed as a natural
incident of the fund member's duties as a result of the
exposure occasioned by the nature of the fund member's
duties; and
(iii) the disease can be traced to the fund member's
employment as the proximate cause); or
(C) a disability presumed incurred in the line of duty under
IC 5-10-13 or IC 5-10-15; and
(2) is unable to perform the essential functions of the job,
considering reasonable accommodation to the extent required by
the Americans with Disabilities Act;
the local board shall then authorize the monthly payment to the person
from the 1937 fund of an amount equal to fifty-five percent (55%) of
the salary of a fully paid first class firefighter in the unit at the time of
the payment of the pension. All physical and mental examinations of
members of the fire department shall be made on order of the local
board by a medical officer designated by the local board.
(f) If after the hearing under this section and a recommendation under section 12.5 of this chapter, the
(1) has a disability that is not a disability described in subsection (e)(1); and
(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act;
the local board shall then authorize the monthly payment to the person from the 1937 fund of an amount equal to fifty-five percent (55%) of the salary of a fully paid first class firefighter in the unit at the time of the payment of the pension. All physical and mental examinations of members of the fire department shall be made on order of the local board by a medical officer designated by the local board.
(1) a disability in the line of duty (as described in section 11(e)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 11(e)(1) of this chapter).
The local board shall forward its recommendation to the
(b) The
(c) The fund member, the safety board, or the local board may object in writing to the
a hearing. The final determination must be issued not later than one
hundred eighty (180) days after the date of receipt of the local board's
recommendation.
(1) a disability in the line of duty (as described in section 13(b)(1) of this chapter); or
(2) a disability not in the line of duty (a disability other than a disability described in section 13(b)(1) of this chapter).
The local board shall forward its recommendation to the
(b) The
(c) The fund member, the safety board, or the local board may object in writing to the
member and employer contributions, plus the earnings on them, to be
used to make benefit payments to fund members and their survivors in
the amounts and under the conditions specified in this chapter.
(b) The board of trustees of the public employees' retirement fund
(referred to in this chapter as the "PERF board") shall administer the
1977 fund, which may be commingled with the public employees'
retirement fund for investment purposes. All actuarial data shall be
computed on the total membership of the fund, and the cost of
participation is the same for all employers in the fund. The fund
member and employer contributions shall be recorded separately for
each employer.
(c) The 1977 fund advisory committee, referred to as the committee,
is established. The PERF board shall consult with the committee on
matters pertaining to the administration of this chapter and
IC 5-10.3-11. The committee shall consist of the following members
appointed by the governor every two (2) years for a term of two (2)
years:
(1) Two (2) firefighters:
(A) each of whom must be an active or retired member of the
1937 fund or the 1977 fund; and
(B) neither of whom may be in an upper level policymaking
position.
(2) Two (2) police officers:
(A) each of whom must be an active or retired member of the
1925 fund, the 1953 fund, or the 1977 fund; and
(B) neither of whom may be in an upper level policymaking
position.
(3) Two (2) members, each of whom must be an executive of an
employer.
(4) Two (2) members, each of whom must be a member of the
legislative body of an employer.
The term of each member begins on July 1 following appointment and
continues until his successor is qualified. A member of the committee
who no longer holds the position that qualified him for appointment
under subdivision (1), (2), (3), or (4) forfeits his membership on the
committee. The governor shall appoint a person to fill a vacancy on the
committee for the remainder of the unexpired term.
(d) Each member of the committee who is not a state employee is
entitled to reimbursement for expenses actually incurred in connection
with the member's duties. Such a member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as approved by the
PERF board.
(b) At least five (5) days before the hearing, the local board shall give notice to the fund member and the safety board of the time, date, and place of the hearing.
(c) The local board must hold a hearing not more than ninety (90) days after the fund member requests the hearing.
(d) At the hearing, the local board shall permit the fund member and the safety board to:
(1) be represented by any individual;
(2) through witnesses and documents, present evidence;
(3) conduct cross-examination; and
(4) present arguments.
(e) At the hearing, the local board shall require all witnesses to be examined under oath, which may be administered by a member of the local board.
(f) The local board shall, at the request of the fund member or the safety board, issue:
(1) subpoenas;
(2) discovery orders; and
(3) protective orders;
in accordance with the Indiana Rules of Trial Procedure that govern discovery, depositions, and subpoenas in civil actions.
(g) The local board shall have the hearing recorded so that a transcript may be made of the proceedings.
(h) After the hearing, the local board shall make its determinations, including findings of fact, in writing and shall provide copies of its determinations to the fund member and the safety board not more than thirty (30) days after the hearing.
(i) If the local board:
(1) does not hold a hearing within the time required under subsection (c); or
(2) does not issue its determination within the time required under subsection (h);
the fund member shall be considered to be totally impaired for purposes of section 13.5 of this chapter and, if the issue before the local board concerns the class of the member's impairment, the member shall
be considered to have a Class 1 impairment. The PERF board shall
review an impairment determined under this subsection as provided in
section 13.1 of this chapter.
(j) The local board may on its own motion issue:
(1) subpoenas;
(2) discovery orders; and
(3) protective orders;
in accordance with the Indiana Rules of Trial Procedure that govern
discovery, depositions, and subpoenas in civil actions.
(k) At the hearing, the local board may exclude evidence that is
irrelevant, immaterial, unduly repetitious, or excludable on the basis of
evidentiary privilege recognized by the courts.
(l) At the hearing, the local board may request the testimony of
witnesses and the production of documents.
(m) If a subpoena or order is issued under this section, the party
seeking the subpoena or order shall serve it in accordance with the
Indiana Rules of Trial Procedure. However, if the subpoena or order is
on the local board's own motion, the sheriff of the county in which the
subpoena or order is to be served shall serve it. A subpoena or order
under this section may be enforced in the circuit or superior court of
the county in which the subpoena or order is served.
(n) With respect to a hearing conducted for purposes of determining
disability under IC 36-8-6, IC 36-8-7, or IC 36-8-7.5, the determination
of the local board after a hearing is final and may be appealed to the
court.
(o) With respect to a hearing conducted for purposes of determining
impairment or class of impairment under this chapter, the fund member
may appeal the local board's determinations. An appeal under this
subsection:
(1) must be made in writing;
(2) must state the class of impairment and the degree of
impairment that is claimed by the fund member;
(3) must include a written determination by the chief of the police
or fire department stating that there is no suitable and available
work; and
(4) must be filed with the local board and the PERF board's
director no later than thirty (30) days after the date on which the
fund member received a copy of the local board's determinations.
(p) To the extent required by the Americans with Disabilities Act,
the transcripts, records, reports, and other materials generated as a
result of a hearing, review, or appeal conducted to determine an
impairment under this chapter or a disability under IC 36-8-6,
IC 36-8-7, or IC 36-8-7.5 must be:
(1) retained in the separate medical file created for the member;
and
(2) treated as a confidential medical record.
(q) If a local board determines that a fund member described in
section 13.3(a) of this chapter has a covered impairment, the local
board shall also make a recommendation to the 1977 fund advisory
committee PERF board's director concerning whether the covered
impairment is an impairment described in section 13.3(c) of this
chapter or whether it is an impairment described in section 13.3(d) of
this chapter. The local board shall forward its recommendation to the
1977 fund advisory committee. PERF board's director.
(r) The 1977 fund advisory committee PERF board's director shall
review the local board's recommendation not later than forty-five (45)
days after receiving the recommendation and shall then issue an initial
determination of whether the disability is in the line of duty or not in
the line of duty. The 1977 fund advisory committee PERF board's
director shall notify the local board, the safety board, and the fund
member of its the director's initial determination.
(s) The fund member, the safety board, or the local board may object
in writing to the 1977 fund advisory committee's PERF board's
director's initial determination under subsection (r) not later than
fifteen (15) days after the initial determination is issued. If a written
objection is not filed, the 1977 fund advisory committee's PERF
board's director's initial determination becomes the final order of the
PERF board. If a timely written objection is filed, the 1977 fund
advisory committee PERF board shall issue a final determination after
a hearing. The final determination must be issued not later than one
hundred eighty (180) days after the date of receipt of the local board's
recommendation.
; (10)SB0001.1.64. --> SECTION 64. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 4-15-1-1; IC 4-15-2-2.2; IC 4-15-2.5-2; IC 4-23-24.2; IC 4-31-11-1; IC 4-31-11-2; IC 4-31-11-3; IC 4-31-11-4; IC 4-31-11-5; IC 4-31-11-6; IC 4-31-11-7; IC 4-31-11-8; IC 4-31-11-9; IC 8-4.5-1-3; IC 8-4.5-2; IC 9-23-1; IC 9-27-2-12; IC 12-15-42; IC 14-9-6; IC 14-20-4; IC 14-21-1-5; IC 15-19-2-1; IC 15-19-2-2; IC 15-19-2-3; IC 15-19-2-4; IC 15-19-2-5; IC 15-19-2-6; IC 15-19-2-7; IC 16-18-2-9; IC 16-19-6-9; IC 16-27-0.5; IC 16-41-35-2; IC 16-41-35-16; IC 16-41-35-17; IC 25-9-1; IC 27-1-3-30; IC 27-1-15.7-6.
record to the state athletic commission shall be treated as a
reference to the gaming commission created by IC 4-33-3-1.
(b) After June 30, 2010, any balance in the athletic commission
fund created by IC 25-9-1-1.5 before its repeal by this act is
transferred to the athletic fund created by IC 4-33-22-9.
