Sec. 2. (a) The Indiana recycling market development board is created and constitutes a public instrumentality of the state. The exercise by the board of the powers conferred by this chapter is an essential governmental function.

     (b) The board consists of nine (9) members, one (1) of whom shall be the lieutenant governor or the lieutenant governor’s designee and eight (8) of whom shall be appointed by the governor for four (4) year terms. The governor’s appointees shall be chosen from among representatives of:

Terms Used In Indiana Code 4-23-5.5-2

  • board: refers to the Indiana recycling market development board created by this chapter;

    Indiana Code 4-23-5.5-1

  • division: refers to the division of pollution prevention established by IC 13-27-2-1; and

    Indiana Code 4-23-5.5-1

  • Ex officio: Literally, by virtue of one's office.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • office: refers to the Indiana office of energy development established by IC 4-3-23-3. See Indiana Code 4-23-5.5-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) the waste management industry;

(2) the recycling industry;

(3) Indiana universities and colleges with expertise in recycling research and development;

(4) industrial and commercial consumers of recycled feedstock;

(5) environmental groups; and

(6) private citizens with a special interest in recycling.

No more than four (4) appointed members shall be of the same political party.

     (c) A vacancy in the office of an appointed member, other than by expiration, shall be filled in like manner as the original appointment for the remainder of the term of that retiring member. Appointed members may be removed by the governor for cause.

     (d) The board shall have seven (7) ex officio advisory members as follows:

(1) The governor.

(2) The director of the department of natural resources.

(3) The commissioner of the department of environmental management.

(4) Two (2) members from the house of representatives of opposite political parties appointed by the speaker of the house of representatives for two (2) year terms.

(5) Two (2) members from the senate of opposite political parties appointed by the president pro tempore of the senate for two (2) year terms.

     (e) The division shall serve as the staff of the board.

     (f) An ex officio advisory member identified in subsection (d) may, in writing, designate a representative to serve in an advisory capacity when the ex officio member is unable to attend a board meeting.

As added by Acts 1980, P.L.20, SEC.1. Amended by Acts 1981, P.L.24, SEC.6; P.L.143-1985, SEC.180; P.L.10-1990, SEC.4; P.L.27-1993, SEC.8; P.L.1-2006, SEC.79; P.L.204-2007, SEC.4; P.L.200-2017, SEC.1.