CHAPTER 1. GENERAL PROVISIONS
IC 7.1-2
ARTICLE 2. ALCOHOL AND TOBACCO
COMMISSION 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, a
commission 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 capacity
and who are qualified for their positions in accordance with the
provisions 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 commission
shall be appointed by the governor and a commissioner shall be
eligible for reappointment. No more than two (2) commissioners
shall belong to the same political party. A commissioner shall be
appointed for a term of four (4) years, but shall serve that term at the
pleasure 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 for
appointment as a commissioner, a person shall possess the following
qualifications:
(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 shall
appoint one (1) of the members to serve as chairman of the
commission. The governor also shall appoint one (1) of the members
to 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 the
membership of the commission shall serve only for the unexpired
portion of the original, vacated term. In all other respects, an
appointment to fill a vacancy shall be made in the same manner that
an 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, each
commissioner shall receive an annual salary to be fixed in the same
manner that the salaries of other state officials are fixed. In addition
to the annual salary, a commissioner shall be reimbursed for
traveling and other expenses necessarily incurred while away from
his 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 shall
execute a surety bond in the amount of ten thousand dollars
($10,000), with surety approved by the governor, and an oath of
office, both of which shall be filed in the office of the secretary of
state.
(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 filed
on behalf of a commissioner, an enforcement officer, or the
prosecutor shall be made payable to the State of Indiana and
conditioned upon the faithful discharge of the bonded party's
respective 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 hold
regular meetings on the first and third Tuesday of each month. The
commission may hold special meetings whenever the commission
deems it necessary. The procedure for the calling of a special
meeting shall be provided in the rules of the commission. The
commission shall have the power to adjourn, from time to time, both
regular and special meetings. In no event, however, shall the
adjournment 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 a
quorum for the transaction of business.
(b) Each commissioner has one (1) vote.
(c) Action of the commission may be taken only upon the
affirmative votes of at least two (2) commissioners. If a vote of the
commission is a tie, the position for which the chairman voted shall
be 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 political
contribution from any person or entity that has a permit or has
applied for a permit issued by the commission. However, the right of
a commissioner to vote as the commissioner chooses and to express
the commissioner's opinions on political subjects and candidates may
not 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 commission
shall not be personally liable for liability to a person because of the
negligence, act, or omission of an enforcement officer.
(Formerly: Acts 1973, P.L.55, SEC.1.)