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  • *HB1115.1*

    January 25, 2019

    HOUSE BILL No. 1115 _____

    DIGEST OF HB 1115 (Updated January 23, 2019 5:26 pm - DI 87)

    Citations Affected: IC 4-21.5; IC 5-14; IC 5-29; IC 5-33 ; IC 6-1.1; IC 8-3; IC 8-4.5; IC 8-21; IC 9-21; IC 14-10; IC 14-13; IC 14-18; IC 14-20; noncode.

    Synopsis: Tourism development. Expires the office of tourism development (office) on July 1, 2020. Modifies the office's duties and administrative structure and transfers the duties to the Indiana destination development corporation (corporation) after June 30, 2020. Establishes the corporation as a public body corporate and politic and an instrumentality of the state. Provides that the corporation is governed by a board composed of the following individuals: (1) The governor or governor's designee. (2) The president of the Indiana economic development corporation or president's designee. (3) Five members of the private sector tourism industry, appointed by the governor. Sets forth the corporation's powers and duties. Makes corresponding changes.

    Effective: July 1, 2019.

    Karickhoff, Clere, Bartels, Moed

    January 7, 2019, read first time and referred to Committee on Government and Regulatory Reform.

    January 24, 2019, amended, reported — Do Pass. Referred to Committee on Ways and Means pursuant to Rule 127.

    HB 1115—LS 7292/DI 129

  • January 25, 2019

    First Regular Session of the 121st General Assembly (2019)

    PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2018 Regular and Special Session of the General Assembly.

    HOUSE BILL No. 1115

    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.

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

    1 SECTION 1. IC 4-21.5-2-5, AS AMENDED BY P.L.198-2016, 2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2019]: Sec. 5. This article does not apply to the following 4 agency actions: 5 (1) The issuance of a warrant or jeopardy warrant for the 6 collection of taxes. 7 (2) A determination of probable cause or no probable cause by the 8 civil rights commission. 9 (3) A determination in a factfinding conference of the civil rights

    10 commission. 11 (4) A personnel action, except review of: 12 (A) a personnel action by the state employees appeals 13 commission under IC 4-15-2.2-42; or 14 (B) a personnel action that is not covered by IC 4-15-2.2 but 15 may be taken only for cause. 16 (5) A resolution, directive, or other action of any agency that 17 relates solely to the internal policy, organization, or procedure of

    HB 1115—LS 7292/DI 129

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    1 that agency or another agency and is not a licensing or 2 enforcement action. Actions to which this exemption applies 3 include the statutory obligations of an agency to approve or ratify 4 an action of another agency. 5 (6) An agency action related to an offender within the jurisdiction 6 of the department of correction. 7 (7) A decision of the Indiana economic development corporation, 8 the office of tourism development (before July 1, 2020) or the 9 Indiana destination development corporation (after June 30,

    10 2020), the department of environmental management, the tourist 11 information and grant fund review committee (before the repeal 12 of the statute that created the tourist information and grant fund 13 review committee), the Indiana finance authority, the corporation 14 for innovation development, or the lieutenant governor that 15 concerns a grant, loan, bond, tax incentive, or financial guarantee. 16 (8) A decision to issue or not issue a complaint, summons, or 17 similar accusation. 18 (9) A decision to initiate or not initiate an inspection, 19 investigation, or other similar inquiry that will be conducted by 20 the agency, another agency, a political subdivision, including a 21 prosecuting attorney, a court, or another person. 22 (10) A decision concerning the conduct of an inspection, 23 investigation, or other similar inquiry by an agency. 24 (11) The acquisition, leasing, or disposition of property or 25 procurement of goods or services by contract. 26 (12) Determinations of the department of workforce development 27 under IC 22-4.1-4-1.5(c)(1). 28 (13) A decision under IC 9-30-12 of the bureau of motor vehicles 29 to suspend or revoke a driver's license, a driver's permit, a vehicle 30 title, or a vehicle registration of an individual who presents a 31 dishonored check. 32 (14) An action of the department of financial institutions under 33 IC 28-1-3.1 or a decision of the department of financial 34 institutions to act under IC 28-1-3.1. 35 (15) A determination by the NVRA official under IC 3-7-11 36 concerning an alleged violation of the National Voter Registration 37 Act of 1993 (42 U.S.C. 1973gg) or IC 3-7. 38 (16) Imposition of a civil penalty under IC 4-20.5-6-8 if the rules 39 of the Indiana department of administration provide an 40 administrative appeals process. 41 (17) A determination of status as a member of or participant in an 42 environmental performance based program developed and

    HB 1115—LS 7292/DI 129

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    1 implemented under IC 13-27-8. 2 (18) An action of the bureau of motor vehicles subject to review 3 under IC 9-33. 4 SECTION 2. IC 5-14-1.5-6.1, AS AMENDED BY P.L.197-2017, 5 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 6 JULY 1, 2019]: Sec. 6.1. (a) As used in this section, "public official" 7 means a person: 8 (1) who is a member of a governing body of a public agency; or 9 (2) whose tenure and compensation are fixed by law and who

    10 executes an oath. 11 (b) Executive sessions may be held only in the following instances: 12 (1) Where authorized by federal or state statute. 13 (2) For discussion of strategy with respect to any of the following: 14 (A) Collective bargaining. 15 (B) Initiation of litigation or litigation that is either pending or 16 has been threatened specifically in writing. As used in this 17 clause, "litigation" includes any judicial action or 18 administrative law proceeding under federal or state law. 19 (C) The implementation of security systems. 20 (D) The purchase or lease of real property by the governing 21 body up to the time a contract or option to purchase or lease is 22 executed by the parties. 23 (E) School consolidation. 24 However, all such strategy discussions must be necessary for 25 competitive or bargaining reasons and may not include 26 competitive or bargaining adversaries. 27 (3) For discussion of the assessment, design, and implementation 28 of school safety and security measures, plans, and systems. 29 (4) Interviews and negotiations with industrial or commercial 30 prospects or agents of industrial or commercial prospects by: 31 (A) the Indiana economic development corporation; 32 (B) the office of tourism development (before July 1, 2020) 33 or the Indiana destination development corporation (after 34 June 30, 2020); 35 (C) the Indiana finance authority; 36 (D) the ports of Indiana; 37 (E) an economic development commission; 38 (F) the Indiana state department of agriculture; 39 (G) a local economic development organization that is a 40 nonprofit corporation established under state law whose 41 primary purpose is the promotion of industrial or business 42 development in Indiana, the retention or expansion of Indiana

    HB 1115—LS 7292/DI 129

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    1 businesses, or the development of entrepreneurial activities in 2 Indiana; or 3 (H) a governing body of a political subdivision. 4 However, this subdivision does not apply to any discussions 5 regarding research that is prohibited under IC 16-34.5-1-2 or 6 under any other law. 7 (5) To receive information about and interview prospective 8 employees. 9 (6) With respect to any individual over whom the governing body

    10 has jurisdiction: 11 (A) to receive information concerning the individual's alleged 12 misconduct; and 13 (B) to discuss, before a determination, the individual's status 14 as an employee, a student, or an independent contractor who 15 is: 16 (i) a physician; or 17 (ii) a school bus driver. 18 (7) For discussion of records classified as confidential by state or 19 federal statute. 20 (8) To discuss before a placement decision an individual student's 21 abilities, past performance, behavior, and needs. 22 (9) To discuss a job performance evaluation of individual 23 employees. This subdivision does not apply to a discussion of the 24 salary, compensation, or benefits of employees during a budget 25 process. 26 (10) When considering the appointment of a public official, to do 27 the following: 28 (A) Develop a list of prospective appointees. 29 (B) Consider applications. 30 (C) Make one (1) initial exclusion of prospective appointees 31 from further consideration. 32 Notwithstanding IC 5-14-3-4(b)(12), a governing body may 33 release and shall make available for inspection and copying in 34 accordance with IC 5-14-3-3 identifying information concerning 35 prospective appointees not initially excluded from further 36 consideration. An initial exclusion of prospective appoint