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IC 10-15-2-1
Establishment
Sec. 1. The Indiana homeland security foundation is established
as a public body corporate and politic.
As added by P.L.2-2003, SEC.6. Amended by P.L.101-2006, SEC.7.
IC 10-15-2-2
Membership; proxy voting; appointment of designee
Sec. 2. (a) The foundation consists of nine (9) voting members
and four (4) nonvoting advisory members.
(b) The voting members shall be appointed by the governor. Each
Indiana congressional district must be represented by at least one (1)
member who is a resident of that congressional district. Not more
than five (5) of the members appointed under this subsection may
represent the same political party.
(c) The four (4) nonvoting advisory members are as follows:
(1) Two (2) members, one (1) from each political party,
appointed by the president pro tempore of the senate with
advice from the minority leader of the senate.
(2) Two (2) members, 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.
(d) In the absence of a member, the member's vote may be cast by
another member if the member casting the vote has a written proxy
in proper form as required by the foundation.
(e) A voting member may appoint a designee of the same political
party as the voting member to act on the voting member's behalf
under this chapter. The designee must reside in the same
congressional district as the voting member. An appointment under
this section must:
(1) be for one (1) specified meeting;
(2) be made in writing or electronic mail submitted to the
foundation at least two (2) calendar days before the meeting
that the designee attends on behalf of the member; and
(3) be maintained in the permanent records of the foundation.
As added by P.L.2-2003, SEC.6. Amended by P.L.22-2005, SEC.12;
P.L.110-2009, SEC.4.
IC 10-15-2-3
Quorum; requirements to take action
Sec. 3. (a) A quorum consists of five (5) of the voting members of
the foundation.
(b) The affirmative vote of at least five (5) voting members of the
foundation or the members' designees is necessary for the foundation
to take action.
As added by P.L.2-2003, SEC.6. Amended by P.L.115-2003, SEC.15;
P.L.22-2005, SEC.13; P.L.110-2009, SEC.5.
IC 10-15-2-5
Terms; expiration
Sec. 5. (a) The term of each voting member is four (4) years.
(b) A member appointed to fill the unexpired term of a member
serves until the end of the unexpired term.
(c) At the expiration of a member's term, the member may be
reappointed if the member continues to reside in the represented
congressional district. A person is no longer a member when the
individual ceases to be a resident of the represented congressional
district.
As added by P.L.2-2003, SEC.6. Amended by P.L.22-2005, SEC.14.
IC 10-15-2-6
Start of terms
Sec. 6. The terms of the voting members begin on July 1.
As added by P.L.2-2003, SEC.6. Amended by P.L.22-2005, SEC.15.
IC 10-15-2-7
Chairperson; vice chairperson
Sec. 7. (a) At the foundation's first meeting after June 30 of each
year, the voting members shall select:
(1) one (1) of the voting members to serve as chairperson; and
(2) one (1) of the voting members to serve as vice chairperson.
(b) The vice chairperson shall exercise all the duties and powers
of the chairperson in the chairperson's absence or disability.
As added by P.L.2-2003, SEC.6. Amended by P.L.22-2005, SEC.16.
IC 10-15-2-8
Advisers; participation
Sec. 8. (a) The executive director and department staff designated
by the director shall act as advisers to the foundation.
(b) An adviser to the foundation may do the following:
(1) Attend all meetings of the foundation.
(2) Participate in all proceedings at foundation meetings other
than voting.
(c) The department shall provide staff support to the foundation.
As added by P.L.2-2003, SEC.6. Amended by P.L.107-2007, SEC.9.
IC 10-15-2-9
Property of foundation
Sec. 9. (a) The foundation may acquire personal property to be
donated under subsection (b). The foundation may receive donations
of real property to be disposed of under subsection (c).
(b) As used in this subsection, "person" means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, a trust, or a governmental entity. Subject
to subsection (d), the foundation may donate personal property to the
following:
(1) The department.
(2) The institute.
(3) The agency.
(4) A unit of local government.
(5) A person.
(c) The foundation shall dispose of real property donations in the
following manner:
(1) Real property may be accepted by the foundation for
purpose of resale, either on the open market or to the state or a
unit of local government at a price set by the foundation.
(2) The proceeds from the sale of real property shall be donated
to a fund that the donor has chosen or, if the donor has not
chosen a fund, to a fund to be chosen by the foundation.
(d) The foundation must have the approval of the executive
director to donate property to the state.
As added by P.L.2-2003, SEC.6. Amended by P.L.101-2006, SEC.8.
IC 10-15-2-10
Powers
Sec. 10. The foundation may do the following:
(1) Adopt bylaws for the regulation of the foundation's affairs
and the conduct of the foundation's business.
(2) Adopt an official seal, which may not be the seal of the
state.
(3) Maintain a principal office and other offices the foundation
designates.
(4) Sue and be sued in the name and style of "Indiana Homeland
Security Foundation", with service of process being made to the
chairperson of the foundation by leaving a copy at the principal
office of the foundation or at the residence of the chairperson if
the foundation has no principal office.
(5) Exercise the powers or perform the following duties of the
foundation:
(A) Acquire by any means a right or an interest in or upon
personal property of any kind or nature. The foundation shall
hold the legal title to property acquired in the name of the
foundation.
(B) Dispose of a right or an interest in personal property.
(6) Make and enter into all contracts, undertakings, and
agreements necessary or incidental to the performance of the
duties and the execution of the powers of the foundation under
this chapter.
IC 10-15-2-11
Repealed
(Repealed by P.L.177-2011, SEC.5.)