Indiana § 10-18-1-2 - Commission; membership; duties, rights, and powers; liability; lawsuits

§ 10-18-1-2. Commission; membership; duties, rights, and powers; liability; lawsuits

Note: This version of section amended by P.L.94-2026, SEC.60. See also following version of this section amended by P.L.152-2026, SEC.143.

Sec. 2. (a) The Indiana war memorials commission is established.

(b) The commission consists of nine (9) members. Each Indiana congressional district must be represented by at least one (1) member who is:

(1) a resident of that congressional district;

(2) a veteran of service in the armed forces of the United States of America in time of war;

(3) a citizen of Indiana at the time of the service; and

(4) appointed:

(A) in the manner;

(B) for the terms;

(C) to have the powers; and

(D) to perform the duties;

as provided in this chapter.

(c) The commission:

(1) as the commission and in the commission's name, may prosecute and defend suits; and

(2) has all other duties, rights, and powers that are:

(A) necessary to implement this chapter; and

(B) not inconsistent with this chapter.

(d) The members of the commission are not liable in their individual capacity, except to the state, for any act done or omitted in connection with the performance of their duties under this chapter.

(e) A suit against the commission must be brought in a court with jurisdiction in Marion County. Notice or summons of the suit shall be served upon the president, vice president, or secretary of the commission. In a suit against the commission, it is not necessary to name the individual members of the commission as either plaintiff or defendant. Commission members may sue and be sued in the name of the Indiana war memorials commission.

(f) The commission shall report to the governor in a manner prescribed by the governor.

[Pre-2003 Recodification Citation: 10-7-2-1.]

As added by P.L.2-2003, SEC.9. Amended by P.L.133-2012, SEC.65; P.L.149-2016, SEC.39; P.L.94-2026, SEC.60.

IC 10-18-1-2Powers and duties of the department; lawsuits Note: This version of section amended by P.L.152-2026, SEC.143. See also preceding version of this section amended by P.L.94-2026, SEC.60.

Sec. 2. (a) The department:

(1) may prosecute and defend suits; and

(2) has all other duties, rights, and powers that are:

(A) necessary to implement this chapter; and

(B) not inconsistent with this chapter.

(b) A suit against the department must be brought in a court with jurisdiction in Marion County. Notice or summons of the suit shall be served upon the director of the department.

[Pre-2003 Recodification Citation: 10-7-2-1.]

As added by P.L.2-2003, SEC.9. Amended by P.L.133-2012, SEC.65; P.L.149-2016, SEC.39; P.L.152-2026, SEC.143.