Title 12, HUMAN SERVICES

Sec. 2. As used in this chapter, "representative payee" means a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs, or the United States Railroad Retirement Board…

Sec. 3. The division may establish, within the bureau, a representative payee and bill payer program to assist low income individuals who: (1) are not able to manage their financial matters; and (2) do not have relatives or friends to assist them in managing their financial matte…

Sec. 4. The bureau may administer the program. The bureau may provide staff and logistical support for the program, including office space, telephone communications, office supplies, and postage. As added by P.L.141-1993, SEC.1.

Sec. 5. The bureau may provide for the training of representative payees and bill payers. As added by P.L.141-1993, SEC.1.

Sec. 7. The bureau may assist representative payees and bill payers and may negotiate bank services for the program. As added by P.L.141-1993, SEC.1.

Sec. 8. The bureau may designate volunteers, who may be representative payees or bill payers, as public liaisons to inform interested agencies and persons about the program and to undertake to increase public awareness of the program and referral of potential clients to the progr…

Sec. 9. A person acting as a representative payee or a bill payer is considered to be acting in a fiduciary capacity and is liable for acts or omissions constituting a breach of fiduciary duties imposed by law. As added by P.L.141-1993, SEC.1.

Sec. 1. As used in this chapter, "ABLE account" refers to an achieving a better life experience (ABLE) account established by an eligible individual that: (1) is maintained under a qualified ABLE program; and (2) meets the requirements of Section 529A of the Internal Revenue Code…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 10. (a) The ABLE board of the authority is established. The board consists of the following: (1) The following four (4) ex officio members: (A) The treasur…

Sec. 10.5. The treasurer of state, as chairperson of the board, shall administer, manage, and direct the affairs of the board under the policies and direction of the board. In carrying out these duties, the chairperson may do the following: (1) Approve all accounts for salaries a…

Sec. 11. (a) The board may: (1) employ a manager, who is not a member of the board; and (2) delegate necessary and appropriate functions and authority to the manager. (b) The board has the powers necessary and appropriate to carry out and effectuate the purposes of this chapter, …

Sec. 12. (a) The authority shall do the following: (1) Provide the board and each member, officer, employee, consultant, counsel, and agent of the authority or the board a defense in a suit arising out of the performance of duties for or on behalf of the authority or the board, i…

Sec. 13. (a) The authority may accept gifts, bequests, donations, and devises of personal and real property: (1) as trustees for the maintenance, use, or benefit of the authority, the qualified ABLE program, or the endowment fund; or (2) to be administered for other public or cha…

Sec. 14. A person designated by resolution of the authority: (1) shall keep a record of the proceedings of the authority; (2) shall be custodian of: (A) all books, documents, and papers filed with the authority; and (B) the minutes book or journal of the authority; and (3) may co…

Sec. 15. Before the adoption and implementation of a qualified ABLE program: (1) the chairperson; (2) the vice chairperson; (3) the manager; and (4) any officer elected by the authority or member of the authority authorized by resolution to handle funds or sign checks; shall exec…

Sec. 16. Notwithstanding any other law, it is not a conflict of interest or violation of any other law for a person to serve as a member of the authority. However, a member shall disclose a conflict of interest relating to actions of the authority as required and in a manner prov…

Sec. 17. The following are established: (1) The general operating fund. (2) The endowment fund. (3) The trust fund and, in the trust fund, the following: (A) The administrative account. (B) The program account. As added by P.L.12-2016, SEC.8.

Sec. 18. The authority shall establish and implement investment policies in accordance with IC 5-13 for the following: (1) Money in the general operating fund. (2) Money in the administrative account. (3) Any other money of the authority other than money in: (A) the endowment fun…

Sec. 19. The board shall establish and implement investment policies for money in: (1) the endowment fund; and (2) the program account; for investment in the manner provided by IC 30-4-3-3. As added by P.L.12-2016, SEC.8.

Sec. 2. As used in this chapter, "authority" refers to the achieving a better life experience (ABLE) authority created by section 9 of this chapter. As added by P.L.12-2016, SEC.8.

Sec. 20. The trust fund and other property of the authority must be preserved, invested, and expended only under this article and may not be used for any other purpose. The trust fund shall be held in trust for account owners and account beneficiaries. As added by P.L.12-2016, SE…

Sec. 21. Criteria for management of assets in the trust fund, including investment of assets, must provide for both asset protection and income growth while providing for the actuarial soundness of the trust fund. As added by P.L.12-2016, SEC.8.

Sec. 22. (a) General operating, administrative, and capital expenses of the authority may be paid from amounts appropriated for those purposes by the general assembly. Appropriations must be deposited in either the administrative account or the general operating fund, as the boar…

Sec. 23. (a) The funds, accounts, management, and operations of the authority are subject to annual audit by an independent public accounting firm retained by the board. (b) The authority shall promptly transmit copies of each annual audit to the governor and in an electronic for…

Sec. 24. (a) All ABLE accounts and all earnings or interest on ABLE accounts are exempt from taxation in Indiana to the extent that those accounts, earnings, and interest are exempt from federal taxation under the Internal Revenue Code, subject to any penalties that are establish…

Sec. 3. As used in this chapter, "board" refers to the ABLE board of the authority established by section 10 of this chapter. As added by P.L.12-2016, SEC.8.

Sec. 4. As used in this chapter, "contracting state" means a state that has entered into a contract with Indiana to: (1) provide residents of the contracting state access to Indiana's qualified ABLE program; or (2) provide residents of Indiana access to the contracting state's qu…

Sec. 5. As used in this chapter, "designated beneficiary" means the eligible individual who has established an ABLE account and is the owner of the account. As added by P.L.12-2016, SEC.8.

Sec. 6. As used in this chapter, "eligible individual" means an individual who during a taxable year: (1) is entitled to benefits based on blindness or disability under Title II or Title XVI of the federal Social Security Act and the blindness or disability occurred before the in…

Sec. 7. As used in this chapter, "qualified ABLE program" refers to the achieving a better life experience (ABLE) program established under this chapter under which a person may make contributions for a taxable year for the benefit of an eligible individual to an ABLE account to …

Sec. 8. As used in this chapter, "qualified disability expense" means any expenses related to the eligible individual's blindness or disability that are incurred for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: (1) Edu…

Sec. 9. (a) The achieving a better life experience (ABLE) authority is created. The authority is a body corporate and politic. (b) The authority: (1) is not an agency of the state; and (2) is an instrumentality of the state performing essential governmental functions. (c) The aut…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. (a) As used in this chapter, "automated teller machine" means an electronic hardware device owned or operated by or on behalf of a financial institution…

Sec. 10. A retailer participating in the EBT program in Indiana may not be considered as a contractor for supplying services or supplies in connection with Indiana's EBT program. As added by P.L.15-1996, SEC.2.

Sec. 11. The Indiana EBT program must be designed: (1) for recipient portability; and (2) to ensure compatibility with other states; to the extent possible. As added by P.L.15-1996, SEC.2.

Sec. 12. The division shall negotiate a fee structure with the Indiana Grocers and Convenience Store Association for retailers in exchange for processing the division’s EBT transactions. Retailer agreements entered into between the state and retailers shall consider appropriate f…

Sec. 13. The division shall implement a program that provides a farmers' market administrator or a retailer who sells food at a farmers' market with a wired or wireless point of sale terminal that is connected to the EBT system. As added by P.L.96-2009, SEC.1. Amended by P.L.13-2…

Sec. 14. The state excise police may investigate allegations of fraud within the EBT program, including investigations of the following persons: (1) Applicants. (2) Recipients. (3) Retailers that participate in the EBT program. (4) Individuals who sell or purchase access to cash …

Sec. 15. (a) As used in this section, "EBT card" has the meaning set forth in 470 IAC 6-0.5-1. (b) The replacement process established under this section applies until federal rules are adopted establishing a replacement EBT card process that supersedes or nullifies the process e…

Sec. 2. The division may do the following: (1) Under: (A) 7 U.S.C. 2016(I); and (B) 7 CFR 272, 274, 276, 277, and 278; make an application for approval from the Secretary for implementation by the division of an EBT program in Indiana for SNAP assistance. (2) If required at any t…

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 3. (a) The electronic benefits transfer commission is established. (b) The commission consists of eight (8) members appointed by the secretary of family and…

Sec. 4. The commission shall make recommendations to the division and advise the division on the following issues: (1) Implementing a fully functional and operating EBT program statewide. (2) How Indiana's EBT program implemented under this chapter can be administered in accordan…

Sec. 4.5. (a) Except as provided in this section, the division may distribute cash assistance benefits to a person who is eligible for assistance under the Title IV-A assistance program though an automated teller machine or a point of sale terminal that is connected to the EBT sy…

Sec. 5. A retailer participating in the EBT program in Indiana is not required to make cash disbursements or purchase equipment. As added by P.L.15-1996, SEC.2.

Sec. 6. Retailers within a defined market area shall be treated equally. As added by P.L.15-1996, SEC.2.

Sec. 7. A retailer participating in the EBT program may not be held liable for a loss incurred due to a fraudulent EBT transaction provided the retailer did not participate in the fraud. As added by P.L.15-1996, SEC.2.