Bill Text: IN SB0001 | 2010 | Regular Session | Amended
Bill Title: Boards and commissions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Ways and Means [SB0001 Detail]
Download: Indiana-2010-SB0001-Amended.html
Citations Affected: IC 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.
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.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) 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.
(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.
(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.
(1) IC 9-18-26;
(2) IC 9-22-4;
(1) Develop personnel policies, methods, procedures, and standards for all state agencies.
(2) Formulate, establish, and administer position classification plans and salary and wage schedules, all subject to final approval by the governor.
(3) Allocate positions in the state agencies to their proper classifications.
(4) Approve employees for transfer, demotion, promotion, suspension, layoff, and dismissal.
(5) Rate employees' service.
(6) Arrange with state agency heads for employee training.
(7) Investigate the need for positions in the state agencies.
(8) Promulgate and enforce personnel rules.
(9) Make and administer examinations for employment and for promotions.
(10) Maintain personnel records and a roster of the personnel of all state agencies.
(11) Render personnel services to the political subdivisions of the state.
(12) Investigate the operation of personnel policies in all state agencies.
(13) Assist state agencies in the improvement of their personnel procedures.
(14) Conduct a vigorous program of recruitment of qualified and able persons for the state agencies.
(15) Advise the governor and the general assembly of legislation needed to improve the personnel system of this state.
(16) Furnish any information and counsel requested by the governor or the general assembly.
(17) Establish and administer an employee training and career advancement program.
(18) Administer the state personnel law, IC 4-15-2.
(19) Institute an employee awards system designed to encourage all state employees to submit suggestions that will reduce the costs or improve the quality of state agencies.
(20) Survey the administrative organization and procedures, including personnel procedures, of all state agencies, and submit to the governor measures to secure greater efficiency and economy, to minimize the duplication of activities, and to effect better organization and procedures among state agencies.
(21) Establish, implement, and maintain the state aggregate prescription drug purchasing program established under IC 16-47-1, as approved by the budget agency.
(b) Salary and wage schedules established by the department under subsection (a) must provide:
(1) for the establishment of overtime policies, which must include:
(A) definition of overtime;
(B) determination of employees or classes eligible for overtime pay;
(C) procedures for authorization;
(D) methods of computation;
(E) procedures for payment; and
(F) a provision that there shall be no mandatory adjustments to an employee's established work schedule in order to avoid the payment of overtime; and
(2) that an appointing authority is not required to reduce the salary of an employee who is demoted, unless the appointing authority determines that the salary reduction is warranted for disciplinary reasons or other good cause.
(1) A temporary appointment may not exceed one hundred eighty (180) working days in any twelve (12) month period.
(2) The department may allow exceptions to the prohibition in subdivision (1) with the approval of the state budget agency.
(3) A temporary appointment in an agency covered by IC 4-15-2 is governed by the procedures of that chapter.
(4) A temporary appointment does not constitute creditable service for purposes of the public employees' retirement program under IC 5-10.2 and IC 5-10.3. However, an employee who served in an intermittent form of temporary employment after June 30, 1986, and before July 1, 2003, shall receive creditable service for the period of temporary employment.
(1) To make investigations concerning the enforcement and effect of the provisions of this chapter.
(2) To keep minutes of its proceedings which shall be open to public inspection.
(1) Establish and maintain a roster of all employees in the state service. Prepare or cause to be prepared and recommend a classification and pay plan. Administer the classification and pay plan. Allocate all positions in the state service to their proper class. Formulate eligible lists. Certify persons qualified for appointment. Certify employees for transfer, demotion, promotion, suspension, layoff, and dismissal. Rate employees'
services. Arrange with heads of the divisions of the service for
employee training. Attend to and perform all other duties imposed
by this chapter.
(2) Appoint, under this chapter, such employees of the department
and such experts and special assistants as may be necessary to
carry out effectively this chapter.
(3) Investigate systems of appointment and promotion already in
operation in various departments or divisions of the state
government.
(4) Investigate and approve the need for positions, existing and to
be created, in the state service.
(5) Investigate from time to time the operation and effect of this
chapter and of the rules. 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.
(b) Upon the recommendation of the director,
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.
(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
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.
(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
(c) Any person appointed or employed in contravention of any provision of this chapter or of any rule or order under this chapter who
performs service for which the person is not paid shall have and may
maintain an action against the officer or officers who purported so to
appoint or employ the person to recover the agreed pay for services, or
the reasonable value of the services if no pay was agreed upon. No
officer shall be reimbursed by the state at any time for any sum paid to
the person on account of the services.
(d) If the director wrongfully withholds certification of the payroll
voucher or account of any employee, the employee may maintain a
proceeding to compel the director to certify the payroll voucher or
account.
(b) No person elected to state or federal public office may, during the term for which he was elected, be appointed to any position in the classified service.
(c) Any employee in the classified service who becomes a candidate for local office shall, upon request, be granted a leave of absence; any employee in the classified service who is elected to a state or federal public office shall be considered to have resigned from the service. This subsection does not apply to precinct committeemen, state or national party convention delegates, or candidates for these party positions.
(a) The term "director" means the state personnel director as established by IC 4-15-1.8.
election voting or by affirmation of the chairman of the state committee
of the party with which the employee states he is affiliated.
(1) conduct the entrance and promotion tests which are required for the carrying out of the provisions of this chapter;
(2) verify the political affiliation of each applicant for employment and each employee being considered for promotion which otherwise qualify for employment or promotion; however, no applicant or employee shall be verified if the employment or promotion would disrupt or postpone the attainment of the required political balance of the department or pay classification;
(3) classify all positions of employment in all agencies or institutions operating under this chapter by the procedure established by IC 4-15-2;
(4) develop a pay plan for all employees operating under the provisions of this chapter, which pay plan shall be subject to the approval of the budget agency and the Governor; and
(5) certify all individuals employed under the provisions of this chapter as provided by IC 4-15-2, except that:
(A) The director shall certify five (5) qualified applicants and indicate each applicant's political affiliation.
(B) If the director cannot certify the required number of individuals with the political affiliation because there are not enough individuals that qualified after testing, who are willing to accept appointment or because there are peculiar and exceptional qualifications of a scientific, professional or educational character required for the position and it is evident that the required number of individuals cannot be certified, the director may authorize the appointing authority to fill the vacancy with any individual who meets the qualifications for the position, without regard to the applicant's political affiliation.
(C) For positions involving unskilled or semi-skilled labor when the character or place of the work makes it impracticable to supply the needs of the service by appointments made in accordance with the procedure prescribed by this chapter, the
director may make appointments by the procedure provided by
IC 4-15-2.
(b) One (1) personal secretary for each position that is exempt from the provisions of this chapter by this section and section 18 shall be exempt from the provisions of this chapter.
(b) The
action would impede the operation of the agency.
(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.
(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.
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.
(1) "Law enforcement officer" means an appointed officer or employee hired by and on the payroll of the state, any of the state's political subdivisions, or a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2 who is granted lawful authority to enforce all or some of the penal laws of the state of Indiana and who possesses, with respect to those laws, the power to effect arrests for offenses committed in the officer's or employee's presence. However, the following are expressly excluded from the term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described in IC 36-8-3-7 or a special deputy whose powers and duties are described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board created by this chapter.
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the public or a law enforcement officer.
(A) the chief executive officer, board, or other entity of a police department or agency with authority to appoint and hire law enforcement officers; or
(B) the governor, mayor, board, or other entity with the authority to appoint a chief executive officer of a police department or agency.
(1) The superintendent of the Indiana state police department, who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness and training of the department of homeland security. The deputy director shall serve as the vice chair of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of at least one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fifty thousand (50,000) but less than one hundred thousand (100,000)
population.
(6) One (1) county sheriff from a county of under fifty thousand
(50,000) population.
(7) One (1) chief of police from a city of at least thirty-five
thousand (35,000) population, who is not the chief of police of a
consolidated city.
(8) One (1) chief of police from a city of at least ten thousand
(10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal from
a city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising
criminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials of
counties, cities, and towns.
(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.
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.
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.
STATE OF INDIANA )
) ss:
COUNTY OF ____________ )
I affirm under the penalties for perjury that all of the following are true:
(1) That I am a dealer licensed under
(2) That I cannot deliver a valid certificate of title to the retail purchaser of the vehicle described in paragraph (3) at the time of sale of the vehicle to the retail purchaser. The identity of the previous seller or transferor is __________________________. Payoff of lien was made on (date)_______. I expect to deliver a valid and transferable certificate of title not later than (date)_______________ from the (State of)________ to the purchaser.
(3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle identification number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AFFIDAVIT.
___________________________________
Customer Signature
If you do not receive a valid certificate of title within the time specified by this affidavit, you have the right to return the vehicle to the vehicle dealer ten (10) days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title and after the vehicle dealer's failure to deliver a valid certificate of title within that ten (10) day period. Upon return of the vehicle to the vehicle dealer in the same or similar condition as when it was delivered to you, the vehicle dealer shall pay you the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount that you paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lienholder to timely deliver the certificate of title in the third party's possession to the dealer not more than ten (10) business days after there is no obligation secured by the vehicle. If the dealer's inability to deliver a valid certificate of title to you within the above-described ten (10) day period results from the acts or omissions of a third party who has failed to timely deliver the certificate of title in the third party's possession to the dealer, the dealer may be entitled to claim against the third party the damages allowed by law.
(1) Develop, plan, and conduct programs and activities designed to prevent and reduce traffic accidents and to facilitate the control of traffic on Indiana streets and highways.
(2) Advise, recommend, and consult with state departments, divisions, boards, commissions, and agencies concerning traffic safety, accident prevention, and traffic facilitation programs and activities and coordinate these programs and activities on an effective statewide basis.
(3) Organize and conduct, in cooperation with state departments and agencies, programs, services, and activities designed to aid political subdivisions in the control of traffic and prevention of traffic accidents.
(4) Develop informational, educational, and promotional material on traffic control and traffic accident prevention, disseminate the material through all possible means of public information, and
serve as a clearinghouse for information and publicity on traffic
control and accident prevention programs and activities of state
departments and agencies. These activities must include materials
and information designed to make senior citizens aware of the
effect of age on driving ability.
(5) Cooperate with public and private agencies interested in
traffic control and traffic accident prevention in the development
and conduct of public informational and educational activities
designed to promote traffic safety or to support the official traffic
safety program of Indiana.
(6) Study and determine the merits of proposals affecting traffic
control, traffic safety, or traffic accident prevention activities in
Indiana and recommend to the governor and the general assembly
the measures that will serve to further control and reduce traffic
accidents.
(7) Study proposed revisions and amendments to the motor
vehicle laws and all other laws concerning traffic safety and make
recommendations relative to those laws to the governor and
general assembly.
(8) Develop and conduct a program of effective alcohol and drug
countermeasures to protect and conserve life and property on
Indiana streets and highways.
(9) Administer the operation lifesaver program referred to in
section 12 of this chapter to promote and coordinate public
education concerning railroad grade crossing safety.
(1) Determining the individual's suitability for employment with the state, or as an employee of a contractor of the state, in a position:
(A) that has a job description that includes contact with, care of, or supervision over a person less than eighteen (18) years of age;
(B) that has a job description that includes contact with, care of, or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);
(C) at a state institution managed by the office of the secretary
of family and social services or state department of health;
(D) at the Indiana School for the Deaf established by
IC 20-22-2-1;
(E) at the Indiana School for the Blind and Visually Impaired
established by IC 20-21-2-1;
(F) at a juvenile detention facility;
(G) with the Indiana gaming commission under IC 4-33-3-16;
(H) with the department of financial institutions under
IC 28-11-2-3; or
(I) that has a job description that includes access to or
supervision over state financial or personnel data, including
state warrants, banking codes, or payroll information
pertaining to state employees.
(2) Identification in a request related to an application for a
teacher's license submitted to the department of education
established by IC 20-19-3-1.
(3) Use by the 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.
"commission" refers to the Indiana veterans' affairs commission
established by IC 10-17-13-4.
(1) department;
(2) commission;
(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)
(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.
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.
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.
(b) Except as provided in section 9 of this chapter, the
(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
(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
(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
(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.
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.
(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
(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.
(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
(b) Each member of the
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.
(b) The
(1) Carry out the duties of the commission set forth in IC 10-17-1.
(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.
(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.
(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.
(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.
(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.
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.
(1) the buy-in program; and
(2) continued Medicaid coverage through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(b) The criteria required under subsection (a) must include the following:
(1) The number of individuals with disabilities who are:
(A) enrolled in the buy-in program; or
(B) receiving Medicaid through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(2) State revenues resulting from premiums paid by participants in the buy-in program.
(3) State costs incurred as a result of implementing the buy-in program, including administrative costs and costs of providing services.
(c) In addition to the criteria required under subsection (b), the office may establish criteria to determine the following:
(1) Comparative costs of Medicaid funded services for participants in the buy-in program and work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) before and after employment.
(2) The number of Supplemental Security Income and Social Security Disability Insurance recipients in Indiana who are no longer dependent on, or who have reduced dependence on, public assistance or health care entitlement services, other than Medicaid or the children's health insurance program, due to participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(3) The number of individuals with severe disabilities who are no longer dependent on, or who have reduced dependence on, public benefits or services, other than Medicaid or the children's health insurance program, due to income or support services received through participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h).
(4) The change in the number of buy-in program participants or participants in work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. 1382h) who have health care needs and related services covered though employer based benefit programs.
(d) In evaluating the effectiveness of the state's work incentive initiatives for individuals with disabilities, the office:
(1) shall collaborate with other state agencies on data collection; and
(2) may consult with an independent contractor to collect data on the criteria listed under subsection (b).
(b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement this chapter on an emergency basis.
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.
(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.
(b) "Department", for purposes of IC 14-20-7, refers to the Indiana department of veterans' affairs established by IC 10-17-1-2.
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.
(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.
(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.
(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
(d) The Indiana horse racing commission shall pay any expense incurred in administering this chapter from the standardbred horse fund.
(1) For purposes of IC 16-21, the hospital council.
(1) One (1) physician licensed
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.
(b) The council shall establish procedures to govern the council's deliberations.
(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.
(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.
(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.
"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).
after June 30, 1981.
(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).
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.
(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).
(1) except as provided in
(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.
(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.
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.
(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
(2) mixed martial arts (as defined by
(3) martial arts, as regulated by the
(4) professional wrestling, as regulated by the
(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.
; (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.
(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.
(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.
(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.
(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.