CHAPTER 16. PROBATE CODE STUDY COMMISSION
IC 2-5-16
Chapter 16. Probate Code Study Commission
IC 2-5-16-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" refers to the probatecode study commission.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-2
Establishment of commission
Sec. 2. The probate code study commission is established.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-3
Membership
Sec. 3. (a) The commission has the following membership:
(1) Ten (10) members appointed by the governor. Each Indianacongressional district must be represented by at least one (1)member appointed under this subdivision who is a resident ofthat congressional district.
(2) Three (3) members appointed by the president pro temporeof the senate from among the members of the senate, not morethan two (2) of whom may be affiliated with the same politicalparty.
(3) Three (3) members appointed by the speaker of the house ofrepresentatives from among the members of the house, not morethan two (2) of whom may be affiliated with the same politicalparty.
(b) If a legislative member of the commission ceases to be amember of the chamber from which the member was appointed, theperson ceases to be a member of the commission.
(c) The term of a member is two (2) years.
(d) If:
(1) the term of a member expires;
(2) the member is not reappointed; and
(3) a successor is not appointed;
the term of the member continues until a successor is appointed.
As added by P.L.9-1988, SEC.1. Amended by P.L.3-1994, SEC.1;P.L.170-2002, SEC.3.
IC 2-5-16-4
Chairman and vice chairman
Sec. 4. (a) For calendar year 2009 and every fourth calendar yearthereafter, the president pro tempore of the senate shall appoint achairman and a vice chairman from among the commission'slegislative members, each to serve a term of two (2) years.
(b) For calendar year 2011 and every fourth calendar yearthereafter, the speaker of the house of representatives shall appointa chairman and a vice chairman from among the commission's
legislative members, each to serve a term of two (2) years.
As added by P.L.9-1988, SEC.1. Amended by P.L.3-1994, SEC.2;P.L.143-2009, SEC.1.
IC 2-5-16-5
Vacancies
Sec. 5. (a) A vacancy on the commission shall be filled by theoriginal appointing authority.
(b) If the office of chairman or vice chairman of the commissionbecomes vacant, the commission shall elect a person to fill thevacancy from among the legislative members of the commission.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-5.5
Quorum
Sec. 5.5. (a) A quorum for a meeting of the commission isdetermined as follows:
STEP ONE: Determine the total number of members currentlyserving on the commission.
STEP TWO: Divide the number determined in STEP ONE bytwo (2). If the quotient is not a whole number, round thequotient up to the nearest whole number.
STEP THREE: Add one (1) member to the quotient determinedunder STEP TWO.
(b) Before the commission takes any final action, the number ofaffirmative votes on the action must equal the number of members ina quorum.
As added by P.L.3-1994, SEC.3.
IC 2-5-16-6
Rules; committees
Sec. 6. Subject to applicable statutes and policies established bythe legislative council, the commission by resolution may adopt rulesand create committees, consisting of its members, necessary for theproper conduct of its business.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-7
Compensation of commission members
Sec. 7. Each legislative member and each lay member of thecommission is entitled to receive the same per diem, mileage, andtravel allowances paid to individuals serving as legislative and laymembers, respectively, on interim study committees established bythe legislative council.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-8
Staff support
Sec. 8. The legislative services agency shall provide staff supportto the commission.As added by P.L.9-1988, SEC.1.
IC 2-5-16-9
Funding
Sec. 9. Funds necessary to carry out this chapter shall be allottedto the commission from funds appropriated to the legislative council.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-10
Public or private sources of money or services; acceptance
Sec. 10. Subject to standards set by statute and the policiesestablished by the legislative council, the commission may acceptmoney or services from any public or private source to carry out thischapter.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-11
Reports
Sec. 11. The commission shall submit reports in an electronicformat under IC 5-14-6 to the legislative council as and whenrequested by the council.
As added by P.L.9-1988, SEC.1. Amended by P.L.28-2004, SEC.7.
IC 2-5-16-12
Functions of commission
Sec. 12. The commission shall carry out a program to study andrecommend to the general assembly needed changes in the following:
(1) The probate code (IC 29-1).
(2) The trust code (IC 30-4).
(3) Other statutes affecting the administration of a decedent'sestate, guardianships, probate jurisdiction, trusts, or fiduciaries.
As added by P.L.9-1988, SEC.1.
IC 2-5-16-13
Referral of issues by legislative council; report
Sec. 13. The legislative council may refer any issue related toprobate or trusts and fiduciaries to the commission for study. If amatter is referred to the commission under this section, thecommission shall study that matter and report in an electronic formatunder IC 5-14-6 to the legislative council as requested by the council.
As added by P.L.9-1988, SEC.1. Amended by P.L.28-2004, SEC.8.