CHAPTER 1. GENERAL PROVISIONS
IC 7.1-2
ARTICLE 2. ALCOHOL AND TOBACCOCOMMISSION AND ADMINISTRATION
IC 7.1-2-1
Chapter 1. General Provisions
IC 7.1-2-1-1
Commission created
Sec. 1. There is hereby created as a part of state government, acommission to be known as the alcohol and tobacco commission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.18.
IC 7.1-2-1-2
Composition
Sec. 2. Composition. The commission shall be composed of four(4) members who are not officials of the state in any other capacityand who are qualified for their positions in accordance with theprovisions of IC 1971, 7.1-2-1-4.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-3
Appointments and terms
Sec. 3. Appointments and Terms. Members of the commissionshall be appointed by the governor and a commissioner shall beeligible for reappointment. No more than two (2) commissionersshall belong to the same political party. A commissioner shall beappointed for a term of four (4) years, but shall serve that term at thepleasure of the governor.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-4
Qualifications of commissioners
Sec. 4. Qualifications of Commissioners. To be eligible forappointment as a commissioner, a person shall possess the followingqualifications:
(a) He shall be thirty-one (31) years of age or older;
(b) He shall have a good moral character; and,
(c) He shall have been a resident of the state for at least ten (10)years immediately preceding his appointment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-5
Chairman and chairman pro tempore
Sec. 5. Chairman and Chairman Pro Tempore. The governor shallappoint one (1) of the members to serve as chairman of thecommission. The governor also shall appoint one (1) of the membersto serve as chairman pro tempore in the absence of the chairman.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-6
Vacancies
Sec. 6. Vacancies. A member appointed to fill a vacancy in themembership of the commission shall serve only for the unexpiredportion of the original, vacated term. In all other respects, anappointment to fill a vacancy shall be made in the same manner thatan original appointment is made.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-7
Compensation
Sec. 7. Compensation. As compensation for services, eachcommissioner shall receive an annual salary to be fixed in the samemanner that the salaries of other state officials are fixed. In additionto the annual salary, a commissioner shall be reimbursed fortraveling and other expenses necessarily incurred while away fromhis office carrying out his duties as a member of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-8
Bond and oath of office
Sec. 8. Bond and Oath of Office. Each commissioner shallexecute a surety bond in the amount of ten thousand dollars($10,000), with surety approved by the governor, and an oath ofoffice, both of which shall be filed in the office of the secretary ofstate.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-9
Surety bonds
Sec. 9. Surety Bonds. The required surety bond executed and filedon behalf of a commissioner, an enforcement officer, or theprosecutor shall be made payable to the State of Indiana andconditioned upon the faithful discharge of the bonded party'srespective duties.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-10
Meetings and adjournments
Sec. 10. Meetings and Adjournments. The commission shall holdregular meetings on the first and third Tuesday of each month. Thecommission may hold special meetings whenever the commissiondeems it necessary. The procedure for the calling of a specialmeeting shall be provided in the rules of the commission. Thecommission shall have the power to adjourn, from time to time, bothregular and special meetings. In no event, however, shall theadjournment be later than the next regular meeting date.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-1-11
Quorum and voting
Sec. 11. (a) Three (3) members of the commission constitute aquorum for the transaction of business.
(b) Each commissioner has one (1) vote.
(c) Action of the commission may be taken only upon theaffirmative votes of at least two (2) commissioners. If a vote of thecommission is a tie, the position for which the chairman voted shallbe treated as the position adopted by the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.19.
IC 7.1-2-1-12
Restriction on solicitation or acceptance of political contributions
Sec. 12. A commissioner may not solicit or accept a politicalcontribution from any person or entity that has a permit or hasapplied for a permit issued by the commission. However, the right ofa commissioner to vote as the commissioner chooses and to expressthe commissioner's opinions on political subjects and candidates maynot be impaired.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.62-1998,SEC.1.
IC 7.1-2-1-13
Limitation of liability
Sec. 13. Limitation of Liability. A member of the commissionshall not be personally liable for liability to a person because of thenegligence, act, or omission of an enforcement officer.
(Formerly: Acts 1973, P.L.55, SEC.1.)