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


Reprinted

February 2, 2010





SENATE BILL No. 1

_____


DIGEST OF SB 1 (Updated February 1, 2010 2:30 pm - DI 103)



Citations Affected: IC 2-5; 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 10-17; IC 12-7; IC 12-10; IC 12-11; IC 12-15; IC 12-28; IC 14-8; IC 15-19; IC 16-18; IC 16-21; IC 16-25; IC 16-28; IC 16-29; IC 25-1; IC 25-19; IC 35-45; noncode.

Synopsis: Boards and commissions. Makes various changes concerning the members of the youth advisory council. Establishes the youth advisory council fund (fund). Specifies the purposes of the fund. Moves the functions of the athletic commission to the gaming commission. Transfers the duties of the home health care services and hospice services council to the health facilities council. Renames the Indiana health facilities council as the Indiana health facilities, home health care, and hospice council. Changes the membership of the council. Renames the standardbred advisory board the standard bred advisory and breed development board. Eliminates the standardbred
(Continued next page)

Effective: July 1, 2010.





Dillon , Kenley




    January 14, 2010, read first time and referred to Committee on Rules and Legislative Procedure.
    January 14, 2010, amended; reassigned to Committee on Appropriations.
    January 25, 2010, amended, reported favorably _ Do Pass.
    February 1, 2010, read second time, amended, ordered engrossed.





Digest Continued

advisory committee. Makes changes to the eligibility criteria for admittance to the Indiana veterans' home. Transfers administration of the Indiana veterans' home buildings and grounds from the department of natural resources to the Indiana department of veterans' affairs. Transfers the duties of the commission of veterans' affairs to the Indiana military and veterans' benefits board. Renames the Indiana military and veterans' benefits board the Indiana veterans' affairs commission. Eliminates the law enforcement training board advisory council. Repeals the personnel board (IC 4-15-1, IC 5-15-2-2.2, and IC 4-15-2.5-2); 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 commission of veterans' affairs (IC 10-17-1-3); the military and veterans' benefits boards (IC 10-17-3-4); the Medicaid work incentive council (IC 12-15-42); 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); and mandated health benefits task force (IC 27-1-3-30). Makes conforming changes.


Reprinted

February 2, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 1



    A BILL FOR AN ACT to amend the Indiana Code concerning local
government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 2-5-29-1.5; (10)SB0001.3.1. -->     SECTION 1. IC 2-5-29-1.5 IS ADDED TO THE INDIANA CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.5. As used in this chapter, "fund" refers to the youth advisory council fund established by section 7.5 of this chapter.
SOURCE: IC 2-5-29-1.6; (10)SB0001.3.2. -->     SECTION 2. IC 2-5-29-1.6 IS ADDED TO THE INDIANA CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.6. As used in this chapter, "office" refers to the office of the state superintendent of public instruction.
SOURCE: IC 2-5-29-3; (10)SB0001.3.3. -->     SECTION 3. IC 2-5-29-3, AS ADDED BY P.L.69-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) The council consists of the following twenty-two (22) members, who must be at least fourteen (14) sixteen (16) years of age and not more than eighteen (18) twenty (20) years of age at the time of appointment:
        (1) Five (5) members appointed by the president pro tempore of the senate.
        (2) Five (5) members appointed by the minority leader of the senate.
        (3) Five (5) members appointed by the speaker of the house of representatives.
        (4) Five (5) members appointed by the minority leader of the house of representatives.
        (5) Two (2) members appointed by the governor.
    (b) The members of the council shall be selected so as to give representation to the various geographical areas of Indiana.
    (c) The members of the council shall annually elect a chairperson of the council from among the members.
    (d) Members of the council shall serve for a two (2) year term and may be reappointed.
     (e) The appointing authority may remove an appointed member of the council for cause. Cause includes the failure to attend at least two (2) meetings within a one (1) year period.
SOURCE: IC 2-5-29-3.6; (10)SB0001.3.4. -->     SECTION 4. IC 2-5-29-3.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.6. (a) This section applies to a student who attends either a public school or a nonpublic school.
    (b) Attending a meeting of the council as a member is a lawful excuse for a student to be absent from school, when verified by a certificate of the state superintendent of public instruction. A student excused from school attendance under this section may not be recorded as being absent on any date for which the excuse is operative and may not be penalized by the school in any manner.

SOURCE: IC 2-5-29-7.5; (10)SB0001.3.5. -->     SECTION 5. IC 2-5-29-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7.5. (a) The youth advisory council fund is established as a dedicated fund to be administered by the office. The fund consists of:
        (1) appropriations made to the fund by the general assembly; and
        (2) grants, gifts, and donations intended for deposit in the fund.
    (b) Expenses of administering the fund shall be paid from money in the fund.
    (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a fiscal year does not revert

to the state general fund.
    (e) Money in the fund is available, with the approval of the budget agency, to augment and supplement the funds appropriated to the department of education to implement this chapter.

SOURCE: IC 4-5-1-11; (10)SB0001.3.6. -->     SECTION 6. IC 4-5-1-11, AS AMENDED BY P.L.106-2008, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. The secretary of state may adopt and enforce rules under IC 4-22-2 that are necessary to carry out:
        (1) IC 9-18-26;
        (2) IC 9-22-4;
        (3) IC 9-23-1;
        (4) (3) IC 9-23-2;
        (5) (4) IC 9-23-3; and
        (6) (5) IC 9-23-6.
SOURCE: IC 4-15-1.8-7; (10)SB0001.3.7. -->     SECTION 7. IC 4-15-1.8-7, AS AMENDED BY P.L.158-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) The department shall do the following:
        (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.
SOURCE: IC 4-15-2-2; (10)SB0001.3.8. -->     SECTION 8. IC 4-15-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. Except as provided in IC 4-15-1.8-7(d), IC 4-15-1.8-7(c) all persons covered on January 1, 1966, by this chapter or coming under the provisions of this chapter after January 1, 1966, shall be eligible for, shall participate in, and shall receive the benefits of the public employees retirement program as provided by IC 5-10.2 and IC 5-10.3.
SOURCE: IC 4-15-2-2.6; (10)SB0001.3.9. -->     SECTION 9. IC 4-15-2-2.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.6. "Department" means the Indiana personnel advisory board, the state personnel director, and the employees of the board department, and the director.
SOURCE: IC 4-15-2-5; (10)SB0001.3.10. -->     SECTION 10. IC 4-15-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. The board department is authorized and required to do the following:
        (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.
        (3) To advise the state personnel director on matters pertaining to state personnel policies and practices.
SOURCE: IC 4-15-2-6; (10)SB0001.3.11. -->     SECTION 11. IC 4-15-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The director shall direct and supervise all administrative and technical activities. In addition to the duties imposed elsewhere in this chapter, the director shall do the following:
        (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. and report the director's findings and recommendations to the board.
        (6) Administer, enforce, and make effective this chapter and the rules. Discharge all duties imposed upon the director by the board, and perform Perform any other lawful acts which the director may consider necessary or desirable to carry out the purposes of this chapter.
    (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.

SOURCE: IC 4-15-2-8; (10)SB0001.3.12. -->     SECTION 12. IC 4-15-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Whenever additional agencies or institutions are brought within the provisions of this chapter, either through a separate statute or by amendment to this chapter, persons in such agencies or institutions who are in and have been in positions or similar positions in the state service not theretofore subject to the merit provisions of this chapter shall be entitled to continue to hold such positions until they have an opportunity to acquire regular status. Persons who have been in the same or similar positions for six (6) months or more shall receive regular status by passing a noncompetitive qualifying examination for the classification to which their position has been allocated. Persons with less than six (6) months' service in the same or similar positions shall hold their positions temporarily subject to the entrance examination requirements of this chapter. All qualifying examinations shall be held within one (1) year after the agency or institution is brought under this chapter, unless the 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.
SOURCE: IC 4-15-2-18; (10)SB0001.3.13. -->     SECTION 13. IC 4-15-2-18, AS AMENDED BY P.L.3-2008, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18. (a) The rating of each test shall be completed and the resulting list established not later than thirty (30) days after the date on which the test was held, unless such time is extended by the director for reasons which the director shall record in the official records of the department. The final earned rating of each person competing in any test shall be determined by the weighted average of the earned ratings of the test, according to weights for each phase established by the director in advance of the giving of the test. The names of all persons attaining the minimum final earned ratings established by the director in advance of the giving of the tests shall be

placed upon the eligible list in order of their ratings. The names of persons who have indicated in writing that they are unwilling to accept appointment may be dropped from the list. All persons competing in any test shall be given written notice of their final earned ratings. Statements of former employers of the applicants shall be confidential. A manifest error in rating a test shall be corrected if called to the attention of the director, but such correction shall not invalidate any appointment previously made from such a list.
    (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 board regulations rules, which shall give due effect to tenure of employment, military preference, length of service, and efficiency ratings. The length of time spent in active service in the armed forces of the United States of each 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.

SOURCE: IC 4-15-2-27; (10)SB0001.3.14. -->     SECTION 14. IC 4-15-2-27 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 27. (a) In cooperation with appointing authorities, the director shall establish, and may from time to time amend, standards of performance and output for employees in each class of positions in the classified service or for groups of classes, and a system of service ratings based upon these standards. In such manner and with such weight as shall be provided in the rules, service ratings shall be considered:
        (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.
SOURCE: IC 4-15-2-30; (10)SB0001.3.15. -->     SECTION 15. IC 4-15-2-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 30. Every appointment, transfer, promotion, demotion, dismissal, change of salary rate, absence from duty, and other temporary or permanent changes in the status of employees in both the unclassified and the classified service shall be reported to the director at such time, in such form, and together with such supporting or pertinent information, as the director may prescribe. The director shall maintain a perpetual roster of all officers and

employees in the unclassified service and the classified service, showing for each such person the title of the position held, his departmental or other agency assignment, his salary rate, date of appointment, complete employment history, and such other data as the director considers pertinent. The director shall also maintain such other personnel records as he may consider desirable or as the board shall direct, and shall make available to the governor, the general assembly, the budget director, department and institution executives, and other persons having a proper interest therein tabulations and analyses of such personnel data as he has available.

SOURCE: IC 4-15-2-31; (10)SB0001.3.16. -->     SECTION 16. IC 4-15-2-31 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 31. (a) A public disbursing officer, auditing officer, or other fiscal officer of the state shall not draw, sign, or issue or authorize the drawing, signing, or issuing of any warrant or check upon the treasurer of state or another disbursing officer of the state for the payment of a salary or other compensation for personal services within the state service. The treasurer of state or another disbursing officer of the state shall not pay any salary or other compensation for personal services unless a payroll or account for the salary or other compensation containing the name of every person to be paid and the accounts to be paid to the person has 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.

SOURCE: IC 4-15-2-40; (10)SB0001.3.17. -->     SECTION 17. IC 4-15-2-40 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 40. (a) In applying the provisions of this chapter or in doing any of the things provided for in this chapter, no officer or employee shall give any weight whatsoever to political, religious or racial considerations. No person holding a position in the state service nor any member of the board shall be forced to make political contributions, nor be required to participate in any form of political activity whatsoever other than to express freely his views as a citizen and to cast his vote in any election.
    (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.
SOURCE: IC 4-15-2.5-1; (10)SB0001.3.18. -->     SECTION 18. IC 4-15-2.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. As used in this chapter, unless a different meaning appears from the context:
    (a) The term "director" means the state personnel director as established by IC 4-15-1.8.
    (b) The term "board" means the Indiana personnel advisory board established by IC 4-15-1-1.
    (c) (b) The term "appointing authority" means the head of a department, division, board, commission, person or group of persons who has the power by law or by lawfully delegated authority to make appointments to positions in state service.
    (d) (c) The term "political affiliation" means the political party to which an individual recognizes a relationship either by act of primary

election voting or by affirmation of the chairman of the state committee of the party with which the employee states he is affiliated.

SOURCE: IC 4-15-2.5-3; (10)SB0001.3.19. -->     SECTION 19. IC 4-15-2.5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (Director's Duties) The personnel director, in addition to all other duties imposed by law, and subject to the rules promulgated by the board, shall administer the provisions of this chapter. The director shall:
        (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; therein unless the required political affiliation of an applicant or employee has been waived by the board;
        (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.

SOURCE: IC 4-15-2.5-14; (10)SB0001.3.20. -->     SECTION 20. IC 4-15-2.5-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. (Payment in Violation; Action for Recovery) Action for such recovery may be maintained by the board or any member thereof, any officer or employee of the state service or any citizen of the state.
SOURCE: IC 4-15-2.5-20; (10)SB0001.3.21. -->     SECTION 21. IC 4-15-2.5-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 20. (Exemptions; Other Positions) (a) All positions in the state agency or any part of a state agency, which operates under the provisions of this chapter, that determine administrative policies shall be exempt from the provisions of this chapter by rules promulgated by the board. department.
    (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.
SOURCE: IC 4-15-2.5-21; (10)SB0001.3.22. -->     SECTION 22. IC 4-15-2.5-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 21. (Agency Request; Inclusion) The administrative head of any state agency may submit a request to the personnel director to have his entire agency or any part thereof operate under the provisions of this chapter. Upon the approval 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.
SOURCE: IC 4-15-2.5-22; (10)SB0001.3.23. -->     SECTION 23. IC 4-15-2.5-22 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22. (Agency Request; Exemption) The administrative head of any state may submit a request to the personnel director to have his entire agency or any part exempt from the provision of this chapter. Upon the approval of the personnel board department and the governor, any state agency or any part thereof may be exempt from the provisions of this chapter.
SOURCE: IC 4-15-2.5-23; (10)SB0001.3.24. -->     SECTION 24. IC 4-15-2.5-23 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 23. (Agency Request; Petition for Change) (a) The administrative head of any state agency or any part thereof that operates under the provisions of this chapter may submit a petition to the personnel board department to increase or decrease the number of employees exempt from the provisions of this chapter.
    (b) The board department shall have the authority to decrease or increase the number of employees exempt from this chapter. However, the board department shall not exempt positions which do not formulate policy and they shall not exempt policy positions if such

action would impede the operation of the agency.

SOURCE: IC 4-22-2-37.1; (10)SB0001.3.25. -->     SECTION 25. IC 4-22-2-37.1, AS AMENDED BY P.L.131-2009, SECTION 1, AS AMENDED BY P.L.160-2009, SECTION 1, AND AS AMENDED BY P.L.177-2009, SECTION 1, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (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, IC 4-33-22-12, 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.

SOURCE: IC 4-31-3-9; (10)SB0001.3.26. -->     SECTION 26. IC 4-31-3-9, AS AMENDED BY P.L.182-2009(ss), SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. Subject to section 14 of this chapter, the commission may:
        (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.
SOURCE: IC 4-31-11-3; (10)SB0001.3.27. -->     SECTION 27. IC 4-31-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. The commission may establish a separate breed development advisory committee for each breed of horse, except for standardbred horses, that participates in racing meetings under this article.
SOURCE: IC 4-31-11-8; (10)SB0001.3.28. -->     SECTION 28. IC 4-31-11-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. Each development committee shall make recommendations to the commission concerning an Indiana sires racing program. If the The commission establishes may establish an Indiana sires racing program. only Only those horses that were sired by an Indiana stallion are eligible for races conducted under the program. Stallions residing in Indiana during the full length of the breeding season are eligible for registration as Indiana sires. The commission may charge a fee for registration of Indiana sires.
SOURCE: IC 4-33-22; (10)SB0001.3.29. -->     SECTION 29. IC 4-33-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     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 18 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 32 or 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.

     Sec. 42. A licensee shall comply with the standards established by the commission. A practitioner is subject to the disciplinary sanctions under section 43 of this chapter if, after a hearing, the commission finds any of the following concerning the practitioner:
        (1) Failure, without just cause, to observe the terms of any contract required to be on file with the commission.
        (2) Violation of any of the provisions of the statutes, rules, or the orders of the commission.
        (3) Interference with the official duties of other licensees, the commission, or any administrative officer or representative of the commission.
        (4) Gambling that is otherwise prohibited by law on the result of any bout permitted by the commission.
        (5) Noncompetitive boxing, sparring, or unarmed combat or the solicitation of noncompetitive boxers or unarmed competitors.
        (6) Failure to appear at designated times and places as required by the commission.
        (7) Bribery or attempted bribery of any licensee, employee, or member of the commission.
        (8) Employing or knowingly cooperating in fraud or material

deception in order to obtain any license or permit issued by the commission.
        (9) Has been convicted of a crime that has a direct bearing on the applicant's or licensee's ability to perform acts that require a license or permit issued by the commission.
        (10) Unlicensed or unpermitted participation in any activity in Indiana for which a license or permit issued by the commission is required.
        (11) Participating, directly or indirectly, in any agreement to circumvent any rules or ruling of the commission.
        (12) Any activity that undermines the integrity of boxing, sparring, or unarmed combat.
    Sec. 43. (a) The commission may impose any of the following sanctions, singly or in combination, if the commission finds that a licensee is subject to disciplinary sanctions under section 42 of this chapter:
        (1) Permanently revoke a licensee's license.
        (2) Suspend a licensee's license.
        (3) Censure a licensee.
        (4) Issue a letter of reprimand.
        (5) Place a licensee on probation status and require the licensee to:
            (A) report regularly to the commission upon the matters that are the basis of probation;
            (B) limit the licensee's participation at boxing, sparring, or unarmed combat events to those areas prescribed by the commission; or
            (C) perform any acts, including community restitution or service without compensation, or refrain from performing any acts, that the commission considers appropriate to the public interest or to the rehabilitation or treatment of the licensee.
        (6) Assess a civil penalty against the licensee for not more than one thousand dollars ($1,000) for each violation listed in section 42 of this chapter.
        (7) Order a licensee to pay consumer restitution to a person who suffered damages as a result of the conduct or omission that was the basis for the disciplinary sanctions under this chapter.
    (b) When imposing a civil penalty under subsection (a)(6), the commission shall consider a licensee's ability to pay the amount assessed. If the licensee fails to pay the civil penalty within the time

specified by the commission, the commission may suspend the licensee's license without additional proceedings. However, a suspension may not be imposed if the sole basis for the suspension is the licensee's inability to pay a civil penalty.
    (c) The commission may withdraw or modify the probation under subsection (a)(5) if the commission finds after a hearing that the deficiency that required disciplinary action has been remedied or that changed circumstances warrant a modification of the order.
    Sec. 44. (a) The commission may summarily suspend a licensee's license for ninety (90) days before a final adjudication or during the appeals process if the commission finds that a licensee represents a clear and immediate danger to the public's health, safety, or property if the licensee is allowed to continue to participate in boxing, sparring, or unarmed combat matches, contests, or exhibitions. The summary suspension may be renewed upon a hearing before the commission, and each renewal may be for not more than ninety (90) days.
    (b) Before the commission may summarily suspend a license under this section, the commission shall make a reasonable attempt to notify the licensee of:
        (1) a hearing by the commission to suspend the licensee's license; and
        (2) information regarding the allegation against the licensee.
The commission shall also notify the licensee that the licensee may provide a written or an oral statement to the commission on the licensee's behalf before the commission issues an order for summary suspension. A reasonable attempt to notify the licensee is made if the commission attempts to notify the licensee by telephone or facsimile at the last telephone number or facsimile number of the licensee on file with the commission.
    Sec. 45. The commission may reinstate a license that has been suspended under this chapter if, after a hearing, the commission is satisfied that the applicant is able to participate at a boxing, sparring, or unarmed combat match, contest, or exhibition in a professional manner and with reasonable skill. As a condition of reinstatement, the commission may impose disciplinary or corrective measures authorized under this chapter.
    Sec. 46. The commission may not reinstate a license that has been revoked under this chapter. An individual whose license has been revoked under this chapter may not apply for a new license until seven (7) years after the date of revocation.
    Sec. 47. A licensee may petition the commission to accept the

surrender of the licensee's license instead of having a hearing before the commission. The licensee may not surrender the licensee's license without the written approval of the commission, and the commission may impose any conditions appropriate to the surrender or reinstatement of a surrendered license.
    Sec. 48. A licensee who has been subjected to disciplinary sanctions may be required by the commission to pay the costs of the proceeding. The licensee's ability to pay shall be considered when costs are assessed. If the licensee fails to pay the costs, a suspension may not be imposed solely upon the licensee's inability to pay the amount assessed. These costs are limited to costs for the following:
        (1) Court reporters.
        (2) Transcripts.
        (3) Certification of documents.
        (4) Photo duplication.
        (5) Witness attendance and mileage fees.
        (6) Postage.
        (7) Expert witnesses.
        (8) Depositions.
        (9) Notarizations.
        (10) Administrative law judges.
    Sec. 49. (a) The commission may refuse to issue a license or may issue a probationary license to an applicant for licensure if:
        (1) the applicant has:
            (A) been disciplined by a licensing entity of another state or jurisdiction; or
            (B) committed an act that would have subjected the applicant to the disciplinary process if the applicant had been licensed in Indiana when the act occurred; and
        (2) the violation for which the applicant was or could have been disciplined has a bearing on the applicant's ability to competently and professionally participate in a boxing, sparring, or unarmed combat match, contest, or exhibition in Indiana.
    (b) The board may:
        (1) refuse to issue a license; or
        (2) issue a probationary license;
to an applicant for licensure if the applicant participated in a boxing, sparring, or unarmed combat match, contest, or exhibition in Indiana without a license in violation of the law.
    (c) Whenever the commission issues a probationary license, the

commission may require a licensee to do any of the following:
        (1) Report regularly to the commission upon the matters that are the basis of the discipline of the other state or jurisdiction.
        (2) Limit participation in a boxing, sparring, or unarmed combat match, contest, or exhibition to the areas prescribed by the commission.
        (3) Engage in community restitution or service without compensation for the number of hours specified by the commission.
        (4) Perform or refrain from performing an act that the commission considers appropriate to the public interest or to the rehabilitation or treatment of the applicant.
    (d) The commission shall remove any limitations placed on a probationary license under this section if the commission finds after a public hearing that the deficiency that required disciplinary action has been remedied.

SOURCE: IC 5-2-1-2; (10)SB0001.3.30. -->     SECTION 30. IC 5-2-1-2, AS AMENDED BY P.L.77-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. For the purposes of this chapter, and unless the context clearly denotes otherwise, the following definitions apply throughout 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.
        (3) "Advisory council" means the law enforcement advisory council created by this chapter.
        (4) (3) "Executive training program" means the police chief executive training program developed by the board under section 9 of this chapter.
        (5) (4)"Law enforcement training council" means one (1) of the confederations of law enforcement agencies recognized by the board and organized for the sole purpose of sharing training, instructors, and related resources.
        (6) (5) "Training regarding the lawful use of force" includes classroom and skills training in the proper application of hand to hand defensive tactics, use of firearms, and other methods of:
            (A) overcoming unlawful resistance; or
            (B) countering other action that threatens the safety of the public or a law enforcement officer.
        (7) (6) "Hiring or appointing authority" means:
            (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.
SOURCE: IC 5-2-1-3; (10)SB0001.3.31. -->     SECTION 31. IC 5-2-1-3, AS AMENDED BY P.L.22-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) There is created, as a criminal justice agency of the state, a law enforcement training board to carry out the provisions of this chapter. The board members are to be selected as provided by this chapter. The board is composed of the following members:
        (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.
    (b) The following members constitute an advisory council to assist 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.

SOURCE: IC 5-2-1-4; (10)SB0001.3.32. -->     SECTION 32. IC 5-2-1-4, AS AMENDED BY P.L.52-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) All members of the board shall be appointed to the board by the governor. The appointments shall be made on a bipartisan basis so that not more than one-half (1/2) of the members of the board shall at any time be members of either of the two (2) major political parties. All appointments shall be for terms of four (4) years or while maintaining the position held at the time of appointment to the board, whichever is the lesser period. Appointees to the board shall serve as members of the board only while holding the office or position

held at the time of appointment to the board in order that the representative nature of the board outlined in section 3 of this chapter may be maintained. However, each member of the board shall serve until the member's successor has been appointed and qualified, unless the member's services are terminated earlier for sufficient reason. Vacancies on the board caused by expiration of a term, termination of the office or position held at time of appointment, or for any other reason shall be filled in the same manner as original appointments. A member appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member succeeded in the same manner as an original appointment. Members of the board may be reappointed for additional terms. All members of the board shall serve, unless their services are terminated earlier for sufficient reason, until their successors have been appointed and qualified. Members of the board may be removed by the governor for inefficiency, incompetence, neglect of duty, or other good cause after having been accorded a hearing by the governor upon reasonable notice of the charge being made against them.
    (b) Members of the advisory council who serve by virtue of their office or position shall serve as members of the advisory council only during the term of their office or position as the case may be. The 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.

SOURCE: IC 5-2-1-5; (10)SB0001.3.33. -->     SECTION 33. IC 5-2-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. Membership on the law enforcement training board or the advisory council shall not constitute holding a public office and members of the board and advisory council shall not be required to take and file oaths of office before serving in such capacities. The board and the advisory council shall exercise only the powers granted by this chapter. No member of the board or of the advisory council shall be disqualified from holding any public office or position by reason of his the member's appointment or membership on the board, or advisory council, nor shall any such person forfeit any office, position, or employment by reason of an appointment pursuant to this chapter, notwithstanding the provisions of any statute, ordinance, or city charter.
SOURCE: IC 5-2-1-6; (10)SB0001.3.34. -->     SECTION 34. IC 5-2-1-6, AS AMENDED BY P.L.110-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. The board and advisory council shall meet at

least four (4) times in each year and shall hold special meetings when called by the chairperson. The presence of nine (9) members of the board constitutes a quorum for doing business. At least nine (9) affirmative votes are required for the passage of any matter put to a vote of the board. Advisory council members are entitled to participate in the business and deliberation of the board, but only board members are entitled to vote. The board shall establish its own procedure and requirements with respect to place and conduct of its meetings.

SOURCE: IC 5-2-1-8; (10)SB0001.3.35. -->     SECTION 35. IC 5-2-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. The members of the board and the advisory council shall serve without compensation except that a salary per diem and actual expenses incurred, in accordance with travel policies and procedures established by the department of administration and the state budget agency, shall be allowed to each member for attendance at regular or special meetings or otherwise engaging in official business of the board.
SOURCE: IC 9-17-3-3.1; (10)SB0001.3.36. -->     SECTION 36. IC 9-17-3-3.1, AS AMENDED BY P.L.131-2008, SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.1. The affidavit required by section 3(a)(5) of this chapter shall be printed in the following form:
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 IC 9-23-1. IC 9-23-2-1.
        (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
    NOTICE TO THE CUSTOMER

    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.
SOURCE: IC 9-27-2-4; (10)SB0001.3.37. -->     SECTION 37. IC 9-27-2-4, AS AMENDED BY P.L.210-2005, SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. The office shall do the following to carry out this chapter:
        (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.

SOURCE: IC 10-13-3-38.5; (10)SB0001.3.38. -->     SECTION 38. IC 10-13-3-38.5, AS AMENDED BY P.L.160-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 38.5. (a) Under federal P.L.92-544 (86 Stat. 1115), the department may use an individual's fingerprints submitted by the individual for the following purposes:
        (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 state athletic gaming commission established under IC 25-9-1-1 IC 4-33-3-1 for licensure of a promoter (as defined in IC 25-9-1-0.7 IC 4-33-22-6) under IC 25-9-1. IC 4-33-22.
        (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.

SOURCE: IC 10-17-1-1.5; (10)SB0001.3.39. -->     SECTION 39. IC 10-17-1-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.5. As used in this chapter,

"commission" refers to the Indiana veterans' affairs commission established by IC 10-17-13-4.

SOURCE: IC 10-17-1-2; (10)SB0001.3.40. -->     SECTION 40. IC 10-17-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) The Indiana department of veterans' affairs is established. The:
        (1) department;
        (2) commission; of veterans' affairs;
        (3) director of veterans' affairs;
        (4) county and city officers; and
        (5) assistants and employees of persons described in subdivisions (1) through (4);
acting under the supervision of and under the rules of the department may act at the request of any veteran of the armed forces or a veteran's spouse, surviving spouse, or dependent as necessary or reasonably incident to obtaining or attempting to obtain for the person making the request any advantage, benefit, or compensation accruing, due, or believed to be accruing or due to the person under any law of the United States, Indiana, or any other state or government by reason of the service of the veteran in the armed forces of the United States.
    (b) The:
        (1) veterans' affairs commission shall supervise and control the department; and
        (2) director of veterans' affairs shall administer the department under the commission's supervision and control;
as provided in this article.
    (c) The domicile of the department is in Indianapolis. Suitable offices and quarters shall be provided in Indianapolis.
SOURCE: IC 10-17-9-7; (10)SB0001.3.41. -->     SECTION 41. IC 10-17-9-7, AS AMENDED BY P.L.21-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) The following persons who are legal residents of Indiana for at least three (3) years immediately preceding application for admission and who have a disability or are destitute are eligible for admission to the home:
        (1) An honorably discharged member of the armed forces who has served with the United States in any of its wars.
        (2) An honorably discharged member of the armed forces who has served in an authorized campaign of the United States and who has a service connected disability, as evidenced by a pension certificate or the award of compensation.
        (3) The spouse of an honorably discharged member of the armed forces described in subdivision (1) or (2).
        (4) The surviving spouse of an honorably discharged member of

the armed forces described in subdivision (1) or (2).
     (a) As used in this section, "eligible person" refers to either of the following:
        (1) An honorably discharged member of the armed forces.
        (2) The spouse or surviving spouse of an honorably discharged member of the armed forces.
    (b) An eligible person who has a disability or is destitute is eligible for admission to the home if:
        (1) the eligible person has been a resident of Indiana for at least one (1) year immediately preceding application for admission to the home; or
        (2) in the case of an eligible person referred to in subsection (a)(1), the eligible person was a resident of Indiana when the eligible person enlisted in the armed forces.

    (b) (c) The Indiana department of veterans' affairs shall adopt rules concerning admission to the home.
    (c) (d) In adopting rules governing the admission, maintenance, and discharge of members of the home, the Indiana department of veterans' affairs may establish a fund called the veterans' home comfort and welfare fund. The director shall deposit all money collected from the members for the cost of their care and maintenance in the fund. The director shall expend this money in any manner that adds to the comfort and welfare of the members of the institutions.
    (d) (e) A part of the veterans' home comfort and welfare fund may be withdrawn and deposited in a special fund called the veterans' home building fund. The veterans' home building fund shall be used for the construction, maintenance, remodeling, or repair of buildings of the Indiana Veterans' home.
    (e) (f) Preference under this section may be given to a person who served in an Indiana military organization. Except in cases where the surviving spouse of a veteran marries another veteran, the benefits of this chapter extend only to a surviving spouse and the spouse of a veteran if the contract of marriage was entered into more than five (5) years before the date of death of the veteran. Except as otherwise provided by law, upon the death of a person in the home, money paid to the person or due to the person from a bank, a trust company, a corporation, or an individual becomes an asset of the person's estate and shall be distributed in the manner prescribed by the probate law of the state.

SOURCE: IC 10-17-9-8; (10)SB0001.3.42. -->     SECTION 42. IC 10-17-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Each member, the estate of a deceased member, or the estate of a member under

guardianship is liable for the costs of maintenance of the member in an amount up to one hundred percent (100%) of the daily per capita cost of personal services and all other operating expenses for the preceding fiscal year. The per capita charge may be adjusted to reflect the level of care provided.
    (b) The level of care must be as consistent as possible with:
        (1) the care category of the facility in which the member is placed;
        (2) the rules of the Indiana health facilities, home health care, and hospice council adopted under IC 16-28; and
        (3) the applicable code of the federal government covering reimbursement from the United States Department of Veterans' Affairs or another department of the federal government.
    (c) The liability created for the costs of maintenance of a member constitutes a lien upon the real property of the member if the lien is recorded as provided in this chapter. The lien has priority over all liens subsequently acquired.

SOURCE: IC 10-17-11-2; (10)SB0001.3.43. -->     SECTION 43. IC 10-17-11-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this chapter, "commission" refers to the Indiana veterans' affairs commission established by IC 10-17-1-3. IC 10-17-13-4.
SOURCE: IC 10-17-12-3.5; (10)SB0001.3.44. -->     SECTION 44. IC 10-17-12-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.5. As used in this chapter, "commission" refers to the Indiana veterans' affairs commission established by IC 10-17-13-4.
SOURCE: IC 10-17-12-8; (10)SB0001.3.45. -->     SECTION 45. IC 10-17-12-8, AS AMENDED BY P.L.50-2009, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The military family relief fund is established to provide assistance with food, housing, utilities, medical services, basic transportation, child care, education, employment or workforce, and other essential family support expenses that have become difficult to afford for qualified service members or dependents of qualified service members.
    (b) Except as provided in section 9 of this chapter, the board commission shall expend the money in the fund exclusively to provide grants for assistance as described in subsection (a).
    (c) A qualified service member or the qualified service member's dependent may be eligible to receive assistance from the fund for up to one (1) year after the earlier of the following:
        (1) The date the qualified service member's active duty service ends.
        (2) The date, as established by presidential proclamation or by law, of the cessation of the national conflict or war with respect to which the qualified service member is eligible to receive assistance under section 7.5(3)(B) of this chapter.
    (d) The board commission shall administer the fund.
SOURCE: IC 10-17-12-9; (10)SB0001.3.46. -->     SECTION 46. IC 10-17-12-9, AS AMENDED BY P.L.50-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) The fund consists of the following:
        (1) Appropriations made by the general assembly.
        (2) Donations to the fund.
        (3) Interest.
        (4) Money transferred to the fund from other funds.
        (5) Annual supplemental fees collected under IC 9-29-5-38.5.
        (6) Money from any other source authorized or appropriated for the fund.
    (b) The board commission shall transfer the money in the fund not currently needed to provide assistance or meet the obligations of the fund to the veterans' affairs trust fund established by IC 10-17-13-3.
    (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund or to any other fund.
    (d) There is annually appropriated to the board commission for the purposes of this chapter all money in the fund not otherwise appropriated to the board commission for the purposes of this chapter.
SOURCE: IC 10-17-12-10; (10)SB0001.3.47. -->     SECTION 47. IC 10-17-12-10, AS AMENDED BY P.L.144-2007, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. The board commission may adopt rules under IC 4-22-2 for the provision of grants under this chapter. The rules adopted under this section must address the following:
        (1) Uniform need determination procedures.
        (2) Eligibility criteria.
        (3) Application procedures.
        (4) Selection procedures.
        (5) Coordination with other assistance programs.
        (6) Other areas in which the department determines that rules are necessary to ensure the uniform administration of the grant program under this chapter.
SOURCE: IC 10-17-12-11; (10)SB0001.3.48. -->     SECTION 48. IC 10-17-12-11, AS AMENDED BY P.L.144-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. The director or a member of the board commission may make a request to the general assembly for an appropriation to the fund.
SOURCE: IC 10-17-13-1.5; (10)SB0001.3.49. -->     SECTION 49. IC 10-17-13-1.5 IS ADDED TO THE INDIANA

CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.5. As used in this chapter, "commission" refers to the Indiana veterans' affairs commission established under section 4 of this chapter.

SOURCE: IC 10-17-13-4; (10)SB0001.3.50. -->     SECTION 50. IC 10-17-13-4, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. The military and veterans' benefits board Indiana veterans' affairs commission is established.
SOURCE: IC 10-17-13-5; (10)SB0001.3.51. -->     SECTION 51. IC 10-17-13-5, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. The board commission consists of the following members:
        (1) Seven (7) members appointed by the governor. The governor shall consider the following when making appointments under this subdivision:
            (A) Membership in:
                (i) a veterans association established under IC 10-18-6; or
                (ii) a veterans organization listed in IC 10-18-8-1.
            (B) Service in the armed forces of the United States (as defined in IC 5-9-4-3) or the national guard (as defined in IC 5-9-4-4).
            (C) Experience in education, including higher education, vocational education, or adult education.
            (D) Experience in investment banking or finance.
        The governor shall designate one (1) member appointed under this subdivision to serve as chairperson of the board commission.
        (2) The director of veterans' affairs appointed under IC 10-17-1-5 or the director's designee.
        (3) The adjutant general of the military department of the state appointed under IC 10-16-2-6 or the adjutant general's designee.
        (4) Four (4) members of the general assembly appointed as follows:
            (A) Two (2) members of the senate, one (1) from each political party, appointed by the president pro tempore of the senate with advice from the minority leader of the senate.
            (B) Two (2) members of the house of representatives, one (1) from each political party, appointed by the speaker of the house of representatives with advice from the minority leader of the house of representatives.
        Members appointed under this subdivision are nonvoting, advisory members and must serve on a standing committee of the senate or house of representatives that has subject matter

jurisdiction over military and veterans affairs.

SOURCE: IC 10-17-13-6; (10)SB0001.3.52. -->     SECTION 52. IC 10-17-13-6, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. The board commission shall meet at least quarterly at the call of the chairperson of the board. commission.
SOURCE: IC 10-17-13-7; (10)SB0001.3.53. -->     SECTION 53. IC 10-17-13-7, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. Five (5) voting members of the board commission constitute a quorum. The affirmative vote of five (5) members of the board commission is necessary for the board commission to take action.
SOURCE: IC 10-17-13-8; (10)SB0001.3.54. -->     SECTION 54. IC 10-17-13-8, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The term of a board commission member begins on the later of the following:
        (1) The day the term of the member whom the individual is appointed to succeed expires.
        (2) The day the member is appointed.
    (b) The term of a member expires on the later of the following:
        (1) The day a successor is appointed.
        (2) July 1 of the year following the year in which the member is appointed.
However, a member serves at the pleasure of the appointing authority.
    (c) An appointing authority may reappoint a member for a new term.
    (d) An appointing authority shall appoint an individual to fill a vacancy on the board. commission.
SOURCE: IC 10-17-13-9; (10)SB0001.3.55. -->     SECTION 55. IC 10-17-13-9, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) Each member of the board commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (b) Each member of the board commission who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget

agency.
    (c) Each member of the board commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
     (d) The director of veterans' affairs appointed under IC 10-17-1-5 shall act as secretary of the commission and carry out the duties set forth in IC 10-17-1-6.

SOURCE: IC 10-17-13-10; (10)SB0001.3.56. -->     SECTION 56. IC 10-17-13-10, AS AMENDED BY P.L.50-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The board commission shall manage and develop the fund and the assets of the fund.
    (b) The board commission shall do the following:
         (1) Carry out the duties of the commission set forth in IC 10-17-1.
        (1) (2) Establish a policy for the investment of the assets of the fund. In establishing a policy under this subdivision, the board commission shall:
            (A) establish adequate long term financial goals for the fund; and
            (B) provide adequate funding for the military family relief fund established by IC 10-17-12-8 during a time of war or national conflict.
        (2) (3) Acquire money for the fund through the solicitation of private or public donations and other revenue producing activities.
        (3) (4) Perform other tasks consistent with prudent management and development of the fund.
SOURCE: IC 10-17-13-11; (10)SB0001.3.57. -->     SECTION 57. IC 10-17-13-11, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) Subject to the investment policy of the board commission established under section 10 of this chapter, the treasurer of state shall administer the fund and invest the money in the fund.
    (b) The expenses of administering the fund and this chapter shall be paid from the fund.
    (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues

from these investments shall be deposited in the fund.

SOURCE: IC 10-17-13-13; (10)SB0001.3.58. -->     SECTION 58. IC 10-17-13-13, AS ADDED BY P.L.144-2007, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. Before October 1 of each year, the board commission shall report in an electronic format under IC 5-14-6 to the general assembly concerning the fund.
SOURCE: IC 10-17-13-14; (10)SB0001.3.59. -->     SECTION 59. IC 10-17-13-14, AS AMENDED BY P.L.50-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. The board commission shall adopt rules under IC 4-22-2 to implement this chapter.
SOURCE: IC 12-7-2-44; (10)SB0001.3.60. -->     SECTION 60. IC 12-7-2-44, AS AMENDED BY P.L.130-2009, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 44. "Council" means the following:
        (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.
        (4) For purposes of IC 12-15-41 and IC 12-15-42, the Medicaid work incentives council established by IC 12-15-42-1.
        (5) (4) For purposes of IC 12-12.7-2, the meaning set forth in IC 12-12.7-2-2.
        (6) (5) For purposes of IC 12-21-4, the meaning set forth in IC 12-21-4-1.
        (7) (6) For purposes of IC 12-28-5, the meaning set forth in IC 12-28-5-1.
SOURCE: IC 12-10-6-5; (10)SB0001.3.61. -->     SECTION 61. IC 12-10-6-5, AS AMENDED BY P.L.99-2007, SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) An individual who is determined under section 2.1(a)(2) of this chapter to be incapable of residing in the individual's own home because of mental illness may be admitted to a home or facility that provides residential care to the extent that money is available for the care.
    (b) Within thirty (30) days after an individual with a mental illness is placed in a home or facility that provides residential care, a comprehensive care plan must be developed for the individual.
    (c) The residential care facility, in cooperation with the community mental health center or an individual's managed care provider (as defined in IC 12-7-2-127(b)) serving the area in which the residential care facility is located, shall develop the comprehensive care plan for the individual. The plan must include the following:
        (1) Psychosocial rehabilitation services that are provided within the community.
        (2) A comprehensive range of activities to meet multiple levels of need, including the following:
            (A) Recreational and socialization activities.
            (B) Social skills.
            (C) Educational, training, occupational, and work programs.
            (D) Opportunities for progression into less restrictive and more independent living arrangements.
        (3) Appropriate alternate placement if the individual's needs cannot be met by the facility.
    (d) The Indiana health facilities, home health care, and hospice council shall, in coordination with the division of mental health and addiction and the division, adopt rules under IC 4-22-2 to govern:
        (1) residential care; and
        (2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this chapter in a home or facility that provides residential care.
SOURCE: IC 12-11-2.1-1; (10)SB0001.3.62. -->     SECTION 62. IC 12-11-2.1-1, AS AMENDED BY P.L.99-2007, SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The bureau shall determine whether or not an individual has a developmental disability. For individuals for whom there is not enough current information available to make a determination of eligibility, the bureau shall use the results of a diagnostic assessment in determining whether an individual has a developmental disability. A diagnostic assessment must include the following:
        (1) Diagnostic information concerning the individual's functioning level and medical and habilitation needs.
        (2) All information necessary for the use of the office of Medicaid policy and planning, the Indiana health facilities, home health care, and hospice council, and the division.
        (3) The use of all appropriate assessments conducted under rules adopted under IC 16-28.
    (b) An individual who is found not to have a developmental disability may appeal the bureau's finding under IC 4-21.5.
    (c) If an individual is determined to have a developmental disability, the office shall determine whether the individual meets the appropriate federal level of care requirements.
SOURCE: IC 12-15-41-2; (10)SB0001.3.63. -->     SECTION 63. IC 12-15-41-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. As used in this chapter, "countable resources" means all cash, other liquid assets, real

property, and personal property owned by an applicant for or a recipient of Medicaid under this chapter, or the spouse of an applicant or a recipient, that could be converted to cash to be used for support or maintenance, except the following:
        (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.
        In determining the types of accounts to be approved under this subdivision, the office shall consider any recommendations made by the Medicaid work incentives council established by IC 12-15-42-1.

SOURCE: IC 12-15-41-13; (10)SB0001.3.64. -->     SECTION 64. IC 12-15-41-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 13. (a) The office shall establish criteria to determine the effectiveness of:
        (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).
    (e) The office shall provide an annual report of its evaluation under this section to the council not later than October 1 each year, beginning in 2003.
SOURCE: IC 12-15-41-15; (10)SB0001.3.65. -->     SECTION 65. IC 12-15-41-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 15. (a) The office shall adopt rules under IC 4-22-2 to implement this chapter.
    (b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement this chapter on an emergency basis.
    (c) In adopting rules under this section, the office shall:
        (1) submit proposed rules to the council; and
        (2) consider any recommendations of the council before adopting final rules.
SOURCE: IC 12-28-5-10; (10)SB0001.3.66. -->     SECTION 66. IC 12-28-5-10, AS AMENDED BY P.L.99-2007,

SECTION 147, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. In conjunction with the division of disability and rehabilitative services, the council shall do the following:
        (1) Determine the current and projected needs of each geographic area of Indiana for residential services for individuals with a developmental disability.
        (2) Determine how the provision of developmental or vocational services for residents in these geographic areas affects the availability of developmental or vocational services to individuals with a developmental disability living in their own homes.
        (3) Develop standards for licensure of supervised group living facilities regarding the following:
            (A) A sanitary and safe environment for residents and employees.
            (B) Classification of supervised group living facilities.
            (C) Any other matters that will ensure that the residents will receive a residential environment.
        (4) Develop standards for the approval of entities providing supported living services.
        (5) Recommend social and habilitation programs to the Indiana health facilities, home health care, and hospice council for individuals with a developmental disability who reside in health facilities licensed under IC 16-28.
        (6) Develop and update semiannually a report that identifies the numbers of individuals with a developmental disability who live in health facilities licensed under IC 16-28. The Indiana health facilities, home health care, and hospice council shall assist in developing and updating this report.

SOURCE: IC 14-8-2-48; (10)SB0001.3.67. -->     SECTION 67. IC 14-8-2-48, AS AMENDED BY P.L.85-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 48. (a) "Commission", except as provided in subsections (b) through (r), (q), refers to the natural resources commission.
    (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.
    (i) "Commission", for purposes of IC 14-20-4, has the meaning set forth in IC 14-20-4-1.
    (j) (i) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.
    (k) (j) "Commission", for purposes of IC 14-21-4, has the meaning set forth in IC 14-21-4-1.
    (l) (k) "Commission", for purposes of IC 14-25-11, has the meaning set forth in IC 14-25-11-1.
    (m) (l) "Commission", for purposes of IC 14-28-4, has the meaning set forth in IC 14-28-4-1.
    (n) (m) "Commission", for purposes of IC 14-30-1, has the meaning set forth in IC 14-30-1-2.
    (o) (n) "Commission", for purposes of IC 14-30-2, has the meaning set forth in IC 14-30-2-2.
    (p) (o) "Commission", for purposes of IC 14-30-3, has the meaning set forth in IC 14-30-3-2.
    (q) (p) "Commission", for purposes of IC 14-30-4, has the meaning set forth in IC 14-30-4-2.
    (r) (q) "Commission", for purposes of IC 14-33-20, has the meaning set forth in IC 14-33-20-2.
SOURCE: IC 14-8-2-67; (10)SB0001.3.68. -->     SECTION 68. IC 14-8-2-67, AS AMENDED BY P.L.120-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 67. (a) "Department", except for purposes of IC 14-20-7 and IC 14-32, refers to the department of natural resources.
     (b) "Department", for purposes of IC 14-20-7, refers to the Indiana department of veterans' affairs established by IC 10-17-1-2.
    (b) (c) "Department", for purposes of IC 14-32, refers to the Indiana state department of agriculture established by IC 15-11-2-1.
SOURCE: IC 15-19-2-1; (10)SB0001.3.69. -->     SECTION 69. IC 15-19-2-1, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. As used in this chapter, "board" refers to the Indiana standardbred advisory and breed development board established by section 2 of this chapter.
SOURCE: IC 15-19-2-2; (10)SB0001.3.70. -->     SECTION 70. IC 15-19-2-2, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2010]: Sec. 2. The Indiana standardbred advisory and breed development board is established to make recommendations to the Indiana horse racing commission (IC 4-31-3-1) for the furtherance of the standardbred horse industry in Indiana.

SOURCE: IC 15-19-2-3; (10)SB0001.3.71. -->     SECTION 71. IC 15-19-2-3, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. The Indiana standardbred advisory board consists of seven (7) members selected as follows:
        (1) The chairman of the Indiana horse racing commission, or the chairman's designee, is an ex officio member.
        (2) Two (2) members who are members of county fair boards appointed by the governor.
        (3) Four (4) members appointed by the governor who have in the past participated or shown an interest in the standardbred industry. This interest may, but does not necessarily have to be, evidenced by virtue of being an owner, driver, veterinarian, trainer, or breeder.
Not more than three (3) of the appointees under subdivisions (2) and (3) may be of the same political party as the chairman of the Indiana horse racing commission.
SOURCE: IC 15-19-2-5; (10)SB0001.3.72. -->     SECTION 72. IC 15-19-2-5, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) The advisory board shall elect a chairperson, a vice chairperson, a treasurer, and other officers the board considers necessary. The chairman of the Indiana horse racing commission serves as secretary and is entitled to vote on all matters.
    (b) The records of the board shall be kept by the Indiana horse racing commission.
    (c) The office of the board must be at the same location as the offices of the Indiana horse racing commission.
SOURCE: IC 15-19-2-10; (10)SB0001.3.73. -->     SECTION 73. IC 15-19-2-10, AS ADDED BY P.L.2-2008, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The standardbred horse fund is established.
    (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) After considering the recommendations of the advisory board, the Indiana horse racing commission may disburse money from the standardbred horse fund for any purpose described in section 8 of this chapter.
    (d) The Indiana horse racing commission shall pay any expense incurred in administering this chapter from the standardbred horse fund.
SOURCE: IC 16-18-2-84; (10)SB0001.3.74. -->     SECTION 74. IC 16-18-2-84 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 84. "Council" refers to the following:
        (1) For purposes of IC 16-21, the hospital council.
        (2) For purposes of IC 16-25 and IC 16-27, the home health care services and hospice services council.
        (3) (2) For purposes of IC 16-27, IC 16-28 and IC 16-29, the Indiana health facilities, home health care, and hospice council.
        (4) (3) For purposes of IC 16-46-6, the interagency state council on black and minority health.
SOURCE: IC 16-18-2-150; (10)SB0001.3.75. -->     SECTION 75. IC 16-18-2-150, AS AMENDED BY P.L.152-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 150. (a) "Governing body", for purposes of IC 16-22-7, has the meaning set forth in IC 16-22-7-2.
    (b) "Governing body", for purposes of IC 16-27-0.5, has the meaning set forth in IC 16-27-0.5-0.5.
    (c) (b) "Governing body", for purposes of IC 16-41-22, has the meaning set forth in IC 16-41-22-3.
SOURCE: IC 16-21-1-8; (10)SB0001.3.76. -->     SECTION 76. IC 16-21-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. For that part of a hospital that functions as a health facility described by IC 16-28, IC 16-28 applies. The Indiana health facilities, home health care, and hospice council does not have greater authority to adopt rules concerning facilities that are licensed under this article than the health facilities council has with regard to health facilities licensed under IC 16-28.
SOURCE: IC 16-25-3-2.5; (10)SB0001.3.77. -->     SECTION 77. IC 16-25-3-2.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.5. The state department shall administer this chapter with the advice of the home health care services and hospice services council established by IC 16-27-0.5-1. health facilities, home health care, and hospice council established by IC 16-28-1-1.
SOURCE: IC 16-28-1-1; (10)SB0001.3.78. -->     SECTION 78. IC 16-28-1-1, AS AMENDED BY P.L.1-2007, SECTION 133, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The Indiana health facilities , home health care, and hospice council is created. The council consists of fourteen (14) sixteen (16) members as follows:
        (1) One (1) physician licensed physician. under IC 25-22.5 with experience in long term care or hospice and palliative

medicine.
        (2) Two (2) administrators One (1) administrator, licensed under IC 25-19-1, of a proprietary health facility licensed under this article.
        (3) One (1) administrator, licensed under IC 25-19-1, of a nonproprietary health facility licensed under this article.
         (4) One (1) administrator, licensed under IC 25-19-1, of a residential care facility licensed under this article.
        (5) One (1) administrator of a hospital based home health agency licensed under IC 16-27.
        (6) One (1) administrator of a nonhospital based home health agency licensed under IC 16-27.
        (7) One (1) administrator or director of a hospital based hospice agency licensed under IC 16-25.
        (8) One (1) administrator or director of a nonhospital based hospice agency licensed under IC 16-25.

        (4) (9) One (1) registered nurse licensed under IC 25-23 who has experience with a licensed health facility, licensed home health agency, or licensed hospice agency.
        (5) (10) One (1) registered pharmacist licensed under IC 25-26 with experience in long term care or hospice and palliative medicine.
        (6) Two (2) citizens having knowledge or experience in the field of gerontology.
        (7) One (1) representative of a statewide senior citizens organization.
        (8) (11) One (1) citizen individual having knowledge or experience in the field of mental health , bereavement counseling, or Alzheimer's disease and related senile dementia.
        (9) One (1) nurse-educator of a practical nurse program.
        (10) (12) The commissioner.
        (11) (13) The director of the division of family resources state long term care ombudsman or the director's ombudsman's designee.
        (12) (14) The director of the division of aging or the director's designee.
         (15) One (1) individual having knowledge of or experience in health care quality improvement, patient safety, or health care law.
        (16) One (1) individual who is a health care educator in a nursing, allied health, or medical profession and who has

experience in an accredited college or university in a health care education program.
    (b) The members of the council designated by subsection (a)(1) through (a)(9) (a)(11) and subsection (a)(15) and (a)(16) shall be appointed by the governor.
    (c) Except for the members of the council designated by subsection (a)(10) (a)(12) through (a)(12), (a)(14), all appointments are for four (4) years. If a vacancy occurs, the appointee serves for the remainder of the unexpired term. A vacancy is filled from the same group that was represented by the outgoing member.
    (d) Except for the members of the council designated by subsection (a)(2) through (a)(3), a member of the council may not have a pecuniary interest in the operation of or provide professional services through employment or under contract to a facility licensed under this article.

SOURCE: IC 16-28-1-5; (10)SB0001.3.79. -->     SECTION 79. IC 16-28-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Eight (8) Nine (9) members of the council constitute a quorum for the transaction of all business of the council.
    (b) The council shall establish procedures to govern the council's deliberations.
SOURCE: IC 16-28-1-8.5; (10)SB0001.3.80. -->     SECTION 80. IC 16-28-1-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8.5. (a) Subject to the rulemaking authority granted in IC 16-25 and IC 16-27, the council shall do the following:
        (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.

SOURCE: IC 16-29-4-3; (10)SB0001.3.81. -->     SECTION 81. IC 16-29-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. The Indiana health facilities, home health care, and hospice council may recommend, before the conversion of existing health facility beds to ICF/MR beds or the construction of a new ICF/MR facility, that the state department issue a preliminary approval of the proposed project, but only if the council determines that there is an insufficient number of available beds to care for all the persons who are determined under IC 12-11-2.1 to be appropriate for placement in an ICF/MR facility.
SOURCE: IC 16-29-4-4; (10)SB0001.3.82. -->     SECTION 82. IC 16-29-4-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. A proposed project that receives preliminary approval under this chapter may not add more beds than the number determined by the Indiana health facilities, home health care, and hospice council to be necessary to provide an available bed for each person determined under IC 12-11-2.1 to be appropriate for placement in an ICF/MR facility. Upon completion of the proposed project and compliance with the other requirements for licensure under IC 16-28, the state department shall issue a license to the facility.
SOURCE: IC 25-1-2-6; (10)SB0001.3.83. -->     SECTION 83. IC 25-1-2-6, AS AMENDED BY P.L.122-2009, SECTION 1, AND AS AMENDED BY P.L.160-2009, SECTION 4, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) As used in this section, "license" includes all occupational and professional licenses, registrations, permits, and certificates issued under the Indiana Code, and "licensee" includes all occupational and professional licensees, registrants, permittees, and certificate holders regulated under the Indiana Code.
    (b) This section applies to the following entities that regulate occupations or professions under the Indiana Code:
        (1) Indiana board of accountancy.
        (2) Indiana grain buyers and warehouse licensing agency.
        (3) Indiana auctioneer commission.
        (4) Board of registration for architects and landscape architects.
        (5) State board of barber examiners.
        (6) State board of cosmetology examiners.
        (7) Medical licensing board of Indiana.
        (8) Secretary of state.
        (9) State board of dentistry.
        (10) State board of funeral and cemetery service.
        (11) Worker's compensation board of Indiana.
        (12) Indiana state board of health facility administrators.
        (13) Committee of hearing aid dealer examiners.
        (14) Indiana state board of nursing.
        (15) Indiana optometry board.
        (16) Indiana board of pharmacy.
        (17) Indiana plumbing commission.
        (18) Board of podiatric medicine.
        (19) Private investigator and security guard licensing board.
        (20) State board of registration for professional engineers.
        (21) Board of environmental health specialists.
        (22) State psychology board.
        (23) Indiana real estate commission.
        (24) Speech-language pathology and audiology board.
        (25) Department of natural resources.
        (26) State boxing athletic commission.
        (27) (26) Board of chiropractic examiners.
        (28) (27) Mining board.
        (29) (28) Indiana board of veterinary medical examiners.
        (30) (29) State department of health.
        (31) (30) Indiana physical therapy committee.
        (32) (31) Respiratory care committee.
        (33) (32) Occupational therapy committee.
        (34) (33) Social worker, marriage and family therapist, and mental health counselor Behavioral health and human services licensing board.
        (35) (34) Real estate appraiser licensure and certification board.
        (36) (35) State board of registration for land surveyors.
        (37) (36) Physician assistant committee.
        (38) (37) Indiana dietitians certification board.
        (39) (38) Indiana hypnotist committee.
        (40) (39) Attorney general (only for the regulation of athlete agents).
        (41) (40) Manufactured home installer licensing board.
        (42) (41) Home inspectors licensing board.
        (43) (42) State board of massage therapy.
        (44) (43) Any other occupational or professional agency created after June 30, 1981.
    (c) Notwithstanding any other law, the entities included in subsection (b) shall send a notice of the upcoming expiration of a license to each licensee at least sixty (60) days prior to the expiration of the license. The notice must inform the licensee of the need to renew and the requirement of payment of the renewal fee. If this notice of expiration is not sent by the entity, the licensee is not subject to a sanction for failure to renew if, once notice is received from the entity, the license is renewed within forty-five (45) days of the receipt of the notice.
SOURCE: IC 25-1-7-1; (10)SB0001.3.84. -->     SECTION 84. IC 25-1-7-1, AS AMENDED BY P.L.1-2009, SECTION 138, AS AMENDED BY P.L.122-2009, SECTION 5, AND AS AMENDED BY P.L.160-2009, SECTION 7, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. As used in this chapter:
    "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.
        (24) (23) Respiratory care committee (IC 25-34.5).
        (25) (24) Private investigator and security guard licensing board (IC 25-30-1-5.2).
        (26) (25) Occupational therapy committee (IC 25-23.5).
        (27) (26) Social worker, marriage and family therapist, and mental health counselor Behavioral health and human services licensing board (IC 25-23.6).
        (28) (27) Real estate appraiser licensure and certification board (IC 25-34.1-8).
        (29) (28) State board of registration for land surveyors (IC 25-21.5-2-1).
        (30) (29) Physician assistant committee (IC 25-27.5).
        (31) (30) Indiana athletic trainers board (IC 25-5.1-2-1).
        (32) (31) Indiana dietitians certification board (IC 25-14.5-2-1).
        (33) (32) Indiana hypnotist committee (IC 25-20.5-1-7).
        (34) (33) Indiana physical therapy committee (IC 25-27).
        (35) (34) Manufactured home installer licensing board (IC 25-23.7).
        (36) (35) Home inspectors licensing board (IC 25-20.2-3-1).
        (37) (36) State department of health, for out-of-state mobile health care entities.
        (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.

SOURCE: IC 25-1-8-1; (10)SB0001.3.85. -->     SECTION 85. IC 25-1-8-1, AS AMENDED BY P.L.122-2009, SECTION 6, AND AS AMENDED BY P.L.160-2009, SECTION 8, IS CORRECTED AND AMENDED TO READ AS FOLLOWS [EFFECTIVE 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 25-6.1-2-1).
        (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).
        (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) 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.

SOURCE: IC 25-1-11-1; (10)SB0001.3.86. -->     SECTION 86. IC 25-1-11-1, AS AMENDED BY P.L.160-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 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).
SOURCE: IC 25-1-14-2; (10)SB0001.3.87. -->     SECTION 87. IC 25-1-14-2, AS AMENDED BY P.L.160-2009, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) A member of a board, committee, or commission may participate in a meeting of the board, committee, or commission:
        (1) except as provided in subsections subsection (b), and (c), at which at least a quorum is physically present at the place where the meeting is conducted; and
        (2) by using a means of communication that permits:
            (A) all other members participating in the meeting; and
            (B) all members of the public physically present at the place where the meeting is conducted;
        to simultaneously communicate with each other during the meeting.
    (b) A member of a board, committee, or commission may participate in an emergency meeting of the board, committee, or commission to consider disciplinary sanctions under IC 25-1-9-10 or IC 25-1-11-13 by using a means of communication that permits:
        (1) all other members participating in the meeting; and
        (2) all members of the public physically present at the place where the meeting is conducted;
to simultaneously communicate with each other during the meeting.
    (c) A member of the state athletic commission may participate in meetings of the commission to consider the final approval of a permit for a particular boxing, sparring, or unarmed combat match or exhibition under IC 25-9-1-6(b) by using a means of communication that permits:
        (1) all other members participating in the meeting; and
        (2) all members of the public physically present at the place where the meeting is conducted;
to simultaneously communicate with each other during the meeting.
    (d) (c) A member who participates in a meeting under subsection (b): or (c):
        (1) is considered to be present at the meeting;
        (2) shall be counted for purposes of establishing a quorum; and
        (3) may vote at the meeting.
SOURCE: IC 25-19-1-5; (10)SB0001.3.88. -->     SECTION 88. IC 25-19-1-5, AS AMENDED BY P.L.54-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) The Indiana health facilities, home health care, and hospice council, pursuant to authority provided by IC 16-28, has, by rule duly promulgated, classified health facilities into

comprehensive health facilities and residential health facilities. The fee for a health facility administrator's license in either classification shall be set by the board under section 8 of this chapter.
    (b) Such fee and application shall be submitted to the board, and the board shall transmit all such funds so received to the treasurer of state to be deposited by him in the general fund of the state. All expenses incurred in the administration of this chapter shall be paid from the general fund upon appropriation being made therefor in the manner provided by law for making such appropriations.
    (c) The administrator of a comprehensive care facility must have a comprehensive care facility administrator license issued by the board in accordance with rules adopted under section 8 of this chapter.
    (d) The administrator of a residential care facility must have one (1) of the following licenses issued by the board under rules adopted under section 8 of this chapter:
        (1) A comprehensive care facility administrator license.
        (2) A residential care facility administrator license.

SOURCE: IC 35-45-18-1; (10)SB0001.3.89. -->     SECTION 89. IC 35-45-18-1, AS AMENDED BY P.L.160-2009, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 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.

SOURCE: IC 2-5-29-8; IC 4-15-1-1; IC 4-15-2-2.2; IC 4-15-2.5-2; 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 10-17-1-3; IC 10-17-12-3; IC 10-17-13-1; IC 12-15-42; IC 14-20-4; 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 16-41-35-18; IC 16-41-35-19; IC 16-41- 35-20; IC 16-41-35-21; IC 16-41-35-22; IC 16-41-35-23; IC 16-41- 35-24; IC 25-9-1; IC 27-1-3-30.
; (10)SB0001.3.90. -->     SECTION 90. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 2-5-29-8; IC 4-15-1-1; IC 4-15-2-2.2; IC 4-15-2.5-2; 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 10-17-1-3; IC 10-17-12-3; IC 10-17-13-1; IC 12-15-42; IC 14-20-4; 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 16-41-35-18; IC 16-41-35-19; IC 16-41-35-20; IC 16-41-35-21; IC 16-41-35-22; IC 16-41-35-23; IC 16-41-35-24; IC 25-9-1; IC 27-1-3-30.
SOURCE: ; (10)SB0001.3.91. -->     SECTION 91. [EFFECTIVE JULY 1, 2010] (a) This SECTION applies to members of the youth advisory council appointed under IC 2-5-29, as amended by this act, after June 30, 2011.
    (b) Notwithstanding IC 2-5-29-3, as amended by this act, the initial terms of the members are staggered as follows:
        (1) The president pro tempore of the senate and the speaker of the house of representatives shall each designate three (3) members to serve two (2) year terms and two (2) members to serve one (1) year terms.
        (2) The minority leader of the senate and the minority leader of the house of representatives shall each designate two (2) members to serve two (2) year terms and three (3) members to serve one (1) year terms.
        (3) The governor shall designate one (1) member to serve a two (2) year term and one (1) member to serve a one (1) year term.
    (c) A member may be reappointed.
    (d) This SECTION expires July 1, 2013.

SOURCE: ; (10)SB0001.3.92. -->     SECTION 92. [EFFECTIVE JULY 1, 2010] (a) After June 30, 2010, a reference in any law, rule, contract, or other document or 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.
     (c) The rules adopted by the state athletic commission before July 1, 2010, and in effect on June 30, 2010, shall be treated after June 30, 2010, as the rules of the Indiana gaming commission.
SOURCE: ; (10)SB0001.3.93. -->     SECTION 93. [EFFECTIVE JULY 1, 2010] (a) As used in this SECTION, "buildings and grounds" has the meaning set forth in IC 14-20-7-1.
    (b) On July 1, 2010, all powers, duties, rights, obligations, liabilities, funds, and revenues for the buildings and grounds are

transferred from the department of natural resources to the Indiana department of veterans' affairs established by IC 10-17-1-2.
    (c) Any memorandum of understanding between the department of natural resources and the Indiana department of veterans' affairs concerning the administration of the buildings and grounds by the Indiana department of veterans' affairs expires July 1, 2010.
    (d) This SECTION expires July 2, 2010.

SOURCE: ; (10)SB0001.3.94. -->     SECTION 94. [EFFECTIVE JULY 1, 2010] (a) After June 30, 2010, a reference in any law, rule, contract, or other document or record to the military and veterans' benefits board or to the commission of veterans' affairs or the veterans' affairs commission established by IC 10-17-1-3 shall be treated as a reference to the Indiana veterans' affairs commission established by IC 10-17-13-4, as amended by this act.
    (b) The rules adopted by the commission of veterans' affairs or the veterans' affairs commission established by IC 10-17-1-3 before July 1, 2010, and in effect on June 30, 2010, shall be treated after June 30, 2010, as the rules of the Indiana veterans' affairs commission established by IC 10-17-13-4, as amended by this act.
    (c) The terms of members of the veterans' affairs commission established by IC 10-17-1-3 who are serving on June 30, 2010, expire on June 30, 2010.

    (d) The members of the military and veterans' benefits board serving on June 30, 2010, become the members of the veterans' affairs commission established by IC 10-17-13-4, as amended by this act, on July 1, 2010.
    (e) This SECTION expires July 2, 2010.

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