IC 4-3-6
    Chapter 6. Governor Authorized to Present Reorganization Plansfor State Agencies to the General Assembly

IC 4-3-6-1
Title of act
    Sec. 1. This chapter shall be known and may be cited as the"Reorganization Act of 1967".
(Formerly: Acts 1967, c.9, s.1.) As amended by P.L.5-1984, SEC.9.

IC 4-3-6-2
Definitions
    Sec. 2. As used in this chapter:
    (1) "Agency" means any executive or administrative department,commission, council, board, bureau, division, service, office, officer,administration, or other establishment in the executive oradministrative branch of the state government not provided for by theconstitution. The term "agency" does not include the secretary ofstate, the auditor of state, the treasurer of state, the lieutenantgovernor, the state superintendent of public instruction, and theattorney general, nor the departments of which they are, by thestatutes first adopted setting out their duties, the administrativeheads.
    (2) "Reorganization" means:
        (A) the transfer of the whole or any part of any agency, or of thewhole or any part of the functions thereof, to the jurisdictionand control of any other agency;
        (B) the abolition of all or any part of the functions of anyagency;
        (C) the consolidation or coordination of the whole or any partof any agency, or of the whole or any part of the functionsthereof, with the whole or any part of any other agency or thefunctions thereof;
        (D) the consolidation or coordination of any part of any agencyor the functions thereof with any other part of the same agencyor the functions thereof;
        (E) the authorization of any officer to delegate any of hisfunctions; or
        (F) the abolition of the whole or any part of any agency whichagency or part does not have, or upon the taking effect of areorganization plan will not have, any functions.
(Formerly: Acts 1967, c.9, s.2.) As amended by P.L.5-1984, SEC.10.

IC 4-3-6-3
Purposes of reorganization
    Sec. 3. (a) The governor shall examine, and from time to timereexamine, the organization of all agencies of the state government,and shall determine what changes therein are necessary toaccomplish the following purposes:
        (1) To promote the better execution of the laws, the more

effective management of the executive and administrativebranch of the government and of its agencies and functions, andexpeditious administration of the public business.
        (2) To reduce expenditures and promote economy to the fullestextent consistent with the efficient operation of the government.
        (3) To increase the efficiency of the operations of thegovernment to the fullest extent practicable.
        (4) To group, coordinate, and consolidate agencies andfunctions of the government, as nearly as possible according tomajor purposes.
        (5) To reduce the number of agencies by consolidating thosehaving similar functions under a single head, and to abolishsuch agencies or functions thereof as may not be necessary forthe efficient conduct of the government.
        (6) To eliminate overlapping and duplication of effort.
        (7) To increase the control of the electorate over the policymaking functions of government.
    (b) The general assembly declares that the public interest demandsthe carrying out of the purposes specified in this section, and thatthese purposes may be accomplished in great measure by proceedingunder the provisions of this chapter.
(Formerly: Acts 1967, c.9, s.3.) As amended by P.L.5-1984, SEC.11.

IC 4-3-6-4
Governor; preparation of plan; message to general assembly
    Sec. 4. Whenever the governor, after investigation, finds that:
        (1) the transfer of the whole or any part of any agency, or of thewhole or any part of the functions thereof, to the jurisdictionand control of any other agency;
        (2) the abolition of all or any part of the functions of anyagency;
        (3) the consolidation or coordination of the whole or any part ofany agency, or of the whole or any part of the functions thereof,with the whole or any part of any other agency or the functionsthereof;
        (4) the consolidation or coordination of any part of any agencyor the functions thereof with any other part of the same agencyor the functions thereof;
        (5) the authorization of any officer to delegate any of thatofficer's functions; or
        (6) the abolition of the whole or any part of any agency whichagency or part does not have, or upon the taking effect of thereorganization plan will not have any functions;
is necessary to accomplish one (1) or more of the purposes of thischapter, the governor shall prepare a reorganization plan foraccomplishing the changes in government indicated by the governor'sfindings included in the plan, and shall submit the plan in anelectronic format under IC 5-14-6 to the general assembly, togetherwith a declaration that, with respect to each reorganization includedin the plan the governor has found that the reorganization is

necessary to accomplish one (1) or more of the purposes of thischapter. The governor, in the message submitting a reorganizationplan, shall specify, with respect to each abolition of a functionincluded in the plan, the statutory authority for the exercise of thefunction, and shall specify the reduction of expenditures which it isprobable will be brought about by the taking effect of thereorganizations included in the plan.
(Formerly: Acts 1967, c.9, s.4.) As amended by P.L.5-1984, SEC.12;P.L.17-1985, SEC.1; P.L.28-2004, SEC.15.

IC 4-3-6-5
Name of agencies; personnel; transfer of records and property;unexpended balances of appropriation; enumerating statutesrepealed
    Sec. 5. Any reorganization plan submitted by the governor underthis chapter:
        (a) shall change, in cases he deems necessary, the name of anyagency affected by a reorganization, and the title of its head;and shall designate the name of any agency resulting from areorganization and the title of its head;
        (b) may include provisions for the appointment andcompensation of the head and one (1) or more other officers ofany agency, including an agency resulting from a consolidationor other type of reorganization, if the governor finds, and in hismessage submitting the plan declares, that by reason of areorganization made by the plan such provisions are necessary.The head so provided for may be an individual, or may be acommission or board with two (2) or more members. The termsof office of any appointee shall not be fixed at more than four(4) years. The compensation shall not be at a rate in excess ofthat found by the governor to prevail in respect of comparableofficers in the executive and administrative branch;
        (c) shall make provisions for the transfer or other disposition ofthe records, property, and personnel affected by anyreorganization;
        (d) shall make provision for the transfer of such unexpendedbalances of appropriations, and of other funds, available for usein connection with any function or agency affected by areorganization, as he deems necessary by reason of thereorganization for use in connection with the functions affectedby the reorganization, or for the use of the agency which hassuch functions after the reorganization plan is effective.Unexpended balances so transferred shall be used only for thepurposes for which the appropriation was originally made;
        (e) shall make provision for terminating the affairs of anyagency abolished; and
        (f) shall enumerate all statutes which may be repealed if thereorganization plan becomes effective.
(Formerly: Acts 1967, c.9, s.5.) As amended by P.L.5-1984, SEC.13.
IC 4-3-6-6
Effect of plans
    Sec. 6. No reorganization plan shall provide for, and noreorganization under this chapter shall have the effect of:
        (a) abolishing or transferring a constitutional office or theattorney general or the functions thereof, or consolidating anytwo (2) such offices or the functions provided such offices inthe first statute prescribing the functions and duties of suchoffices;
        (b) continuing any agency beyond the period authorized by lawfor its existence or beyond the time when it would haveterminated if the reorganization had not been made;
        (c) continuing any function beyond the period authorized bylaw for its exercise, or beyond the time when it would haveterminated if the reorganization had not been made; or
        (d) increasing the term of any office beyond that provided bylaw for the office.
(Formerly: Acts 1967, c.9, s.6.) As amended by P.L.5-1984, SEC.14.

IC 4-3-6-7
Presenting plan to general assembly in form of bill; enactment
    Sec. 7. (a) Each reorganization plan shall be presented by thegovernor to the general assembly in the form of a bill.
    (b) Each reorganization plan so submitted by the governor shalltake effect if and when it is enacted as a law by the general assemblyin accordance with the constitution of the state of Indiana.
(Formerly: Acts 1967, c.9, s.7.)

IC 4-3-6-8
Effect of reorganization; regulations and other actions; vestedfunctions
    Sec. 8. (a) An act and any regulation or other action made,prescribed, issued, granted, or performed in respect of or by anyagency or function affected by a reorganization under this chapter,before the effective date of the reorganization, shall, except to theextent rescinded, modified, superseded, or made inapplicable by orunder authority of law or by the abolition of a function, have thesame effect as if the reorganization had not been made. If any suchact, regulation, or other action has vested the function in the agencyfrom which it is removed under the plan, the function shall, insofaras it is to be exercised after the plan becomes effective, beconsidered as vested in the agency under which the function is placedby the plan.
    (b) As used in this section, "regulation or other action" means anyregulation, rule, order, policy, determination, directive, authorization,permit, privilege, requirement, designation, or other action.
(Formerly: Acts 1967, c.9, s.8.) As amended by P.L.5-1984, SEC.15.

IC 4-3-6-9
Survival of actions; time for motion to allow    Sec. 9. No legal action, or other proceeding lawfully commencedby or against the head of any agency or other officer of the state, inhis official capacity or in relation to the discharge of his officialduties, shall abate by reason of the taking effect of anyreorganization plan under the provisions of this chapter. The courtmay, on motion or supplemental petition filed at any time withintwelve (12) months after the reorganization plan takes effect,showing a necessity for a survival of the action, or other proceedingto obtain a settlement of the questions involved, allow the same to bemaintained by or against the successor of such head or officer underthe reorganization effected by the plan or, if there is no successor,against such agency or officer as the governor shall designate.
(Formerly: Acts 1967, c.9, s.9.) As amended by P.L.5-1984, SEC.16.