CHAPTER 2. INDIANA HOMELAND SECURITY FOUNDATION
IC 10-15-2
Chapter 2. Indiana Homeland Security Foundation
IC 10-15-2-1
Establishment
Sec. 1. The Indiana homeland security foundation is establishedas 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 membersand four (4) nonvoting advisory members.
(b) The voting members shall be appointed by the governor. EachIndiana congressional district must be represented by at least one (1)member who is a resident of that congressional district. Not morethan five (5) of the members appointed under this subsection mayrepresent 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 withadvice 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 withadvice from the minority leader of the house of representatives.
(d) In the absence of a member, the member's vote may be cast byanother member if the member casting the vote has a written proxyin proper form as required by the foundation.
(e) A voting member may appoint a designee of the same politicalparty as the voting member to act on the voting member's behalfunder this chapter. The designee must reside in the samecongressional district as the voting member. An appointment underthis section must:
(1) be for one (1) specified meeting;
(2) be made in writing or electronic mail submitted to thefoundation at least two (2) calendar days before the meetingthat 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 ofthe foundation.
(b) The affirmative vote of at least five (5) voting members of thefoundation or the members' designees is necessary for the foundationto 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 10-15-2-4
Members do not hold public office
Sec. 4. Membership on the foundation does not constitute theholding of a public office. A member may not be disqualified fromholding a public office or position because of appointment to orservice on the foundation. A member may not be required to forfeitan office, a position, or employment because of appointment to orservice on the foundation.
As added by P.L.2-2003, SEC.6.
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 memberserves until the end of the unexpired term.
(c) At the expiration of a member's term, the member may bereappointed if the member continues to reside in the representedcongressional district. A person is no longer a member when theindividual ceases to be a resident of the represented congressionaldistrict.
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 eachyear, 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 powersof 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 designatedby 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 otherthan 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 bedonated under subsection (b). The foundation may receive donationsof real property to be disposed of under subsection (c).
(b) As used in this subsection, "person" means an individual, acorporation, a limited liability company, a partnership, anunincorporated association, a trust, or a governmental entity. Subjectto subsection (d), the foundation may donate personal property to thefollowing:
(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 thefollowing manner:
(1) Real property may be accepted by the foundation forpurpose of resale, either on the open market or to the state or aunit of local government at a price set by the foundation.
(2) The proceeds from the sale of real property shall be donatedto a fund that the donor has chosen or, if the donor has notchosen a fund, to a fund to be chosen by the foundation.
(d) The foundation must have the approval of the executivedirector 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 affairsand the conduct of the foundation's business.
(2) Adopt an official seal, which may not be the seal of thestate.
(3) Maintain a principal office and other offices the foundationdesignates.
(4) Sue and be sued in the name and style of "Indiana HomelandSecurity Foundation", with service of process being made to thechairperson of the foundation by leaving a copy at the principaloffice of the foundation or at the residence of the chairperson ifthe foundation has no principal office.
(5) Exercise the powers or perform the following duties of thefoundation:
(A) Acquire by any means a right or an interest in or uponpersonal property of any kind or nature. The foundation shallhold the legal title to property acquired in the name of thefoundation.
(B) Dispose of a right or an interest in personal property.
(6) Make and enter into all contracts, undertakings, andagreements necessary or incidental to the performance of theduties and the execution of the powers of the foundation underthis chapter. (7) Assist the department to develop projects.
(8) Receive and accept from any person grants for or in aid ofthe acquisition, construction, improvement, or development ofany part of the projects of the foundation and receive and acceptaid or contributions from any source of money, personalproperty, labor, or other things of value to be held, used,applied, or disposed of only for the purposes consistent with thepurposes of this chapter for which the grants and contributionsmay be made.
(9) Hold, use, administer, and expend money that may beacquired by the foundation.
(10) Do all acts and things necessary or proper to carry out thepowers expressly granted in this chapter.
As added by P.L.2-2003, SEC.6. Amended by P.L.1-2006, SEC.178;P.L.1-2010, SEC.55.
IC 10-15-2-11
Duties
Sec. 11. (a) The foundation shall:
(1) adopt:
(A) rules under IC 4-22-2; or
(B) a policy;
establishing a code of ethics for its employees; or
(2) submit to the jurisdiction and rules adopted by the stateethics commission.
(b) A code of ethics adopted by the foundation by rule or policyunder this section must be consistent with state law and approved bythe governor.
As added by P.L.2-2003, SEC.6.