Indiana § 4-23-15-5 - Powers

§ 4-23-15-5. Powers

Sec. 5. In furtherance of its purposes and duties, the commission shall have, and may exercise the following powers:

(1) To enter into contracts, within the limit of funds available therefor, with individuals, corporations, partnerships, limited liability companies, organizations and institutions for services furthering the objectives of the commission's programs.

(2) To accept gifts, contributions and bequests of funds from individuals, foundations, limited liability companies, corporations, and other organizations or institutions to be deposited in a special account separate and distinct from state and federal monies.

(3) To apply for, receive and disburse any funds available from the federal government in furtherance of the objectives of this chapter and to enter into any agreements which may be required by the federal government as a condition of obtaining such funds.

(4) To make and sign any agreements and to do and perform any acts that may be necessary to carry out its purposes and duties.

(5) To exercise eminent domain.

(6) To make an annual report to the governor and the legislative council concerning its activities and its recommendations for future activities.

(7) To hold, invest and dispense for purposes of the commission's work, funds received by gift, bequest or contribution to the commission, and to open and maintain accounts in the commission's name for said monies with appropriate banks or trust companies. The commission may request the aid of the state board of accounts in establishing these accounts. Such accounts shall be subject to audit by the board of accounts.

An annual report made under subdivision (6) to the legislative council must be in electronic format under IC 5-14-6.

Formerly: Acts 1975, P.L.33, SEC.1. As amended by Acts 1979, P.L.17, SEC.5; P.L.8-1993, SEC.32; P.L.28-2004, SEC.47.

IC 4-23-16Chapter 16. RepealedRepealed by P.L.177-2005, SEC.47.

IC 4-23-17Chapter 17. RepealedRepealed by P.L.39-1989, SEC.6.

IC 4-23-17.1Chapter 17.1. RepealedRepealed by P.L.38-1985, SEC.6.

IC 4-23-17.5Chapter 17.5. RepealedRepealed by P.L.9-1991, SEC.98.

IC 4-23-18Chapter 18. RepealedRepealed by P.L.9-1991, SEC.98.

IC 4-23-19Chapter 19. RepealedRepealed by P.L.16-1983, SEC.23(a).

IC 4-23-20Chapter 20. RepealedRepealed by P.L.197-2011, SEC.153.

IC 4-23-21Chapter 21. RepealedRepealed by P.L.1-1996, SEC.99.

IC 4-23-22Chapter 22. RepealedRepealed by P.L.26-1989, SEC.25.

IC 4-23-23Chapter 23. RepealedRepealed by P.L.1-1993, SEC.21.

IC 4-23-24Chapter 24. RepealedRepealed by P.L.2-1996, SEC.297.

IC 4-23-24.1Chapter 24.1. Dr. Martin Luther King Jr. Indiana Holiday Commission

4-23-24.1-0.1Application of certain amendments to chapter to commission members 4-23-24.1-1"Commission" defined 4-23-24.1-2Establishment of commission 4-23-24.1-3Members 4-23-24.1-4Appointment of chairperson; terms; vacancies 4-23-24.1-5Appointment of members; terms; vacancies; reappointment 4-23-24.1-5.5Meetings 4-23-24.1-6Quorum 4-23-24.1-6.5Authority of the commission; delegation of authority 4-23-24.1-7Travel expenses 4-23-24.1-8Staff support 4-23-24.1-9Commemorative programs or activities 4-23-24.1-10Reporting requirement Note: This version of chapter effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

IC 4-23-24.1-0.1Application of certain amendments to chapter to commission members Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 0.1. The amendments made to section 3 of this chapter by P.L.199-2007 apply only to members of the commission appointed by the governor after December 31, 2008. A member of the commission appointed by the governor under section 3 of this chapter before January 1, 2009, may serve the entire four (4) year term to which the member was appointed, as provided in section 4(b) of this chapter.

As added by P.L.220-2011, SEC.48.

IC 4-23-24.1-1"Commission" defined Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 1. As used in this chapter, "commission" refers to the Dr. Martin Luther King Jr. Indiana holiday commission established by section 2 of this chapter.

As added by P.L.2-1996, SEC.213.

IC 4-23-24.1-2Establishment of commission Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 2. The Dr. Martin Luther King Jr. Indiana holiday commission is established.

As added by P.L.2-1996, SEC.213.

IC 4-23-24.1-3Members Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 3. (a) The commission consists of thirteen (13) members, appointed as follows:

(1) Nine (9) members who are Indiana residents appointed by the governor. Each Indiana congressional district must be represented by at least one (1) individual appointed under this subdivision who is a resident of that congressional district. Not more than five (5) members appointed under this subdivision may be members of the same political party.

(2) Four (4) members of the general assembly who are appointed under section 5 of this chapter.

(b) Members of the commission serve at the pleasure of the appointing authority.

As added by P.L.2-1996, SEC.213. Amended by P.L.170-2002, SEC.11; P.L.199-2007, SEC.1; P.L.42-2024, SEC.42.

IC 4-23-24.1-4Appointment of chairperson; terms; vacancies Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 4. (a) The governor shall annually designate one (1) of the members appointed under section 3(a)(1) of this chapter as chairperson of the commission.

(b) Members of the commission appointed under section 3(a)(1) of this chapter serve a four (4) year term. Each term expires as follows:

(1) For a member appointed from an odd-numbered congressional district, December 31, 2025, and each fourth year thereafter.

(2) For a member appointed from an even-numbered congressional district, December 31, 2027, and each fourth year thereafter.

(c) A member appointed under section 3(a)(1) of this chapter may be reappointed for successive terms.

(d) The governor shall fill a vacancy among the members appointed under section 3(a)(1) of this chapter. A member appointed under this subsection serves until the end of the unexpired term of the vacating member of the commission.

As added by P.L.2-1996, SEC.213. Amended by P.L.42-2024, SEC.43; P.L.1-2025, SEC.25.

IC 4-23-24.1-5Appointment of members; terms; vacancies; reappointment Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 5. (a) Four (4) members of the general assembly shall be appointed as members of the commission as follows:

(1) The speaker of the house of representatives shall appoint two (2) members of the house of representatives, both of whom may not be members of the same political party.

(2) The president pro tempore of the senate shall appoint two (2) members of the senate, both of whom may not be members of the same political party.

(b) A member of the commission appointed under subsection (a) serves a two (2) year term that expires June 30 of an odd-numbered year.

(c) A vacancy under subsection (a) shall be filled by the officer who appointed the vacating legislator. A legislative member appointed under this subsection serves until the end of the unexpired term of the vacating legislator.

(d) A member of the commission appointed under this section may be reappointed.

As added by P.L.2-1996, SEC.213. Amended by P.L.42-2024, SEC.44.

IC 4-23-24.1-5.5Meetings Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 5.5. The commission shall meet at the call of the chairperson as necessary to fulfill its duties under this chapter.

As added by P.L.42-2024, SEC.45.

IC 4-23-24.1-6Quorum Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 6. Seven (7) members of the commission constitute a quorum.

As added by P.L.2-1996, SEC.213. Amended by P.L.199-2007, SEC.2.

IC 4-23-24.1-6.5Authority of the commission; delegation of authority Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 6.5. (a) The commission is responsible for making all policy decisions relating to the duties and powers of the commission.

(b) Neither:

(1) the staff support provided by the civil rights commission under section 8 of this chapter; nor

(2) the executive director of the Dr. Martin Luther King Jr. Indiana holiday commission;

may make any policy decisions on behalf of the commission relating to the duties and powers of the commission, except as authority to make such decision is delegated by the commission.

As added by P.L.199-2007, SEC.3.

IC 4-23-24.1-7Travel expenses Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 7. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for mileage, traveling expenses as provided under IC 4-13-1-4, and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency. Expenses incurred under this subsection and subsection (b) shall be paid out of the funds appropriated to the civil rights commission.

(b) Each member of the commission who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(c) Each member of the commission who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on 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.

As added by P.L.2-1996, SEC.213. Amended by P.L.1-2006, SEC.83; P.L.42-2024, SEC.46.

IC 4-23-24.1-8Staff support Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 8. The civil rights commission shall furnish the necessary staff support for the commission.

As added by P.L.2-1996, SEC.213.

IC 4-23-24.1-9Commemorative programs or activities Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 9. (a) The commission shall commemorate the birthday of Dr. Martin Luther King Jr. with programs or activities that:

(1) honor Dr. King's life and works; and

(2) reflect Dr. King's philosophy and dream of freedom, justice, and racial equality through nonviolent social change.

(b) The commission may do the following:

(1) Sponsor, promote, or engage in activities on dates other than the Dr. King holiday that honor Dr. Martin Luther King Jr. or that relate to the philosophy and principles advocated by Dr. King.

(2) Coordinate the commission's activities and projects with the Dr. Martin Luther King Jr. federal holiday commission, community organizations, local municipalities, and other entities that the commission determines to be appropriate.

As added by P.L.2-1996, SEC.213.

IC 4-23-24.1-10Reporting requirement Note: This version of section effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.

Sec. 10. On or before July 1, 2027, and July 1 biennially thereafter, the commission shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the commission during the preceding two (2) years.

As added by P.L.161-2025, SEC.5.

IC 4-23-24.1Chapter 24.1. Repealed Note: This repeal of chapter effective 7-1-2027. See also preceding version of this chapter, effective until 7-1-2027.

Repealed by P.L.152-2026, SEC.29.

IC 4-23-24.2Chapter 24.2. RepealedRepealed by P.L.114-2022, SEC.6.

IC 4-23-25Chapter 25. RepealedRepealed by P.L.152-2026, SEC.30.

IC 4-23-25.1Chapter 25.1. ExpiredAs added by P.L.87-2019, SEC.1. Expired 7-1-2024 by P.L.4-2021, SEC.3.

IC 4-23-26Chapter 26. Advisory Committee for Children With Special Health Needs

4-23-26-1"Committee" defined 4-23-26-2Establishment 4-23-26-3Members 4-23-26-4Members; appointment; terms 4-23-26-5Chair 4-23-26-6Meetings 4-23-26-7Quorum 4-23-26-8Salary and expenses 4-23-26-9Duties Note: This version of chapter effective until 7-1-2027. See also following repeal of this chapter, effective 7-1-2027.