1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1015(ss) |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 1-1-3; IC 2-2.1; IC 2-3-1; IC 2-5-1.1-5; |
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7 | 7 | | IC 3-9-2-12; IC 4-12-18; IC 34-6-2-137. |
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8 | 8 | | Synopsis: General assembly sessions. Provides that during an |
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9 | 9 | | odd-numbered year, the general assembly shall adjourn sine die not |
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10 | 10 | | later than the third Monday in November of that year. Provides that in |
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11 | 11 | | an even-numbered year, the general assembly shall adjourn sine die not |
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12 | 12 | | later than the first Monday in November of that year. Provides that the |
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13 | 13 | | sessions of the general assembly are considered to adjourn sine die, by |
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14 | 14 | | operation of law, not later than the required sine die adjournment days, |
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15 | 15 | | if the general assembly has not previously adjourned sine die. Codifies |
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16 | 16 | | provisions relating to the "legislative business per diem allowance", the |
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17 | 17 | | legislative "subsistence allowance", and the legislative "mileage |
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18 | 18 | | allowance". Provides that legislators are paid the subsistence allowance |
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19 | 19 | | for each day: (1) when the general assembly is in session, but in recess |
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20 | 20 | | for six or more calendar days; and (2) each day after the general |
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21 | 21 | | assembly adjourns sine die unless the general assembly is in special |
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22 | 22 | | session, when a legislator is paid the legislative business per diem |
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23 | 23 | | allowance. Provides that the "prohibited period" during which |
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24 | 24 | | campaign fundraising may not occur by candidates for election to the |
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25 | 25 | | general assembly and for state offices ends on the date the budget bill |
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26 | 26 | | for the following budget period is approved by the governor. (Under |
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27 | 27 | | current law, the prohibited period ends the day the general assembly |
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28 | 28 | | adjourns sine die in an odd-numbered year.) Repeals the statutes |
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29 | 29 | | providing for technical sessions. Repeals the emergency sessions |
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30 | 30 | | statute. Makes technical changes in statutes to reflect these substantive |
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31 | 31 | | changes. |
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32 | 32 | | Effective: Upon passage. |
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33 | 33 | | Bartlett |
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34 | 34 | | August 1, 2022, read first time and referred to Committee on Rules and Legislative |
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35 | 35 | | Procedures. |
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36 | 36 | | 2022(ss) IN 1015—LS 6050/DI 75 Introduced |
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37 | 37 | | Special Session of the 122nd General Assembly (2022)(ss) |
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38 | 38 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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39 | 39 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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40 | 40 | | additions will appear in this style type, and deletions will appear in this style type. |
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41 | 41 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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42 | 42 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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43 | 43 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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44 | 44 | | a new provision to the Indiana Code or the Indiana Constitution. |
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45 | 45 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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46 | 46 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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47 | 47 | | HOUSE BILL No. 1015(ss) |
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48 | 48 | | A BILL FOR AN ACT to amend the Indiana Code concerning the |
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49 | 49 | | general assembly. |
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50 | 50 | | Be it enacted by the General Assembly of the State of Indiana: |
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51 | 51 | | 1 SECTION 1. IC 1-1-3-2, AS AMENDED BY P.L.133-2021, |
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52 | 52 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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53 | 53 | | 3 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), so |
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54 | 54 | | 4 As soon as certificates from all the counties have been received, the |
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55 | 55 | | 5 governor shall issue and publish the governor's proclamation in the |
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56 | 56 | | 6 Indiana Register under IC 2-6-1.5-5, announcing the date at which the |
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57 | 57 | | 7 latest filing took place. |
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58 | 58 | | 8 (b) All courts shall take notice of the facts contained in which the |
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59 | 59 | | 9 proclamation all courts shall take notice. issued and published under |
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60 | 60 | | 10 subsection (a). |
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61 | 61 | | 11 (b) This subsection applies only in calendar year 2021. So soon as |
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62 | 62 | | 12 certificates from all the counties have been received under |
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63 | 63 | | 13 IC 2-6-1.5-5(f), the governor shall: |
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64 | 64 | | 14 (1) for the distribution under IC 2-6-1.5-5(f)(1), issue and publish |
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65 | 65 | | 15 a governor's proclamation in the Indiana Register under |
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66 | 66 | | 16 IC 2-6-1.5-5, announcing the date at which the latest filing took |
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67 | 67 | | 17 place; of the facts contained in which proclamation, all courts |
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68 | 68 | | 2022(ss) IN 1015—LS 6050/DI 75 2 |
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69 | 69 | | 1 shall take notice; and |
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70 | 70 | | 2 (2) for the distribution under IC 2-6-1.5-5(f)(2), issue and publish |
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71 | 71 | | 3 a governor's proclamation in the Indiana Register under |
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72 | 72 | | 4 IC 2-6-1.5-5, announcing the date at which the latest filing took |
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73 | 73 | | 5 place; of the facts contained in which proclamation, all courts |
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74 | 74 | | 6 shall take notice. |
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75 | 75 | | 7 This subsection expires February 1, 2022. |
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76 | 76 | | 8 SECTION 2. IC 1-1-3-3 IS AMENDED TO READ AS FOLLOWS |
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77 | 77 | | 9 [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) As used in this section, |
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78 | 78 | | 10 "regular "special session" includes a regular technical session. refers |
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79 | 79 | | 11 to a session called by the governor under Article 4, Section 9 of the |
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80 | 80 | | 12 Constitution of the State of Indiana. |
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81 | 81 | | 13 (b) Except as otherwise provided in subsection (d), each provision |
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82 | 82 | | 14 of each act passed at a regular session of the general assembly takes |
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83 | 83 | | 15 effect on July 1 next following its enactment, unless a different time is |
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84 | 84 | | 16 specified in the act. |
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85 | 85 | | 17 (c) Except as otherwise provided in subsection (d), each provision |
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86 | 86 | | 18 of each act passed at a special session of the general assembly takes |
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87 | 87 | | 19 effect on the first day of the third calendar month after the calendar |
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88 | 88 | | 20 month of sine die adjournment of the special session, unless a different |
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89 | 89 | | 21 time is specified in the act. |
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90 | 90 | | 22 (d) If an act contains a SECTION that specifies an effective date or |
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91 | 91 | | 23 dates for one (1) or more other provisions of the act or declares that an |
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92 | 92 | | 24 emergency exists for the act, then the SECTION takes effect at the |
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93 | 93 | | 25 same time as the earliest date that any other provision of the act takes |
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94 | 94 | | 26 effect. |
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95 | 95 | | 27 (e) This section does not apply to acts that are vetoed by the |
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96 | 96 | | 28 governor. |
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97 | 97 | | 29 SECTION 3. IC 2-2.1-1-1, AS AMENDED BY P.L.64-2021, |
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98 | 98 | | 30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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99 | 99 | | 31 UPON PASSAGE]: Sec. 1. The following definitions apply throughout |
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100 | 100 | | 32 this chapter: |
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101 | 101 | | 33 (1) "Bill" includes a bill and a joint resolution. |
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102 | 102 | | 34 (2) "Term of the general assembly" means that two (2) year period |
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103 | 103 | | 35 of time extending from the first Wednesday after the first Monday |
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104 | 104 | | 36 in November of any even-numbered year until, but not including, |
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105 | 105 | | 37 the first Wednesday after the first Monday in November of the |
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106 | 106 | | 38 next even-numbered year. |
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107 | 107 | | 39 (3) "Session" refers to any of the following: |
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108 | 108 | | 40 (A) A regular session of the general assembly. |
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109 | 109 | | 41 (B) A regular technical session of the general assembly. |
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110 | 110 | | 42 (C) An emergency session of the general assembly convened |
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111 | 111 | | 2022(ss) IN 1015—LS 6050/DI 75 3 |
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112 | 112 | | 1 under IC 2-2.1-1.2. |
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113 | 113 | | 2 (D) A special session of the general assembly. session of the |
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114 | 114 | | 3 general assembly not described in subdivision (4). |
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115 | 115 | | 4 (4) "Special session" means that period of time during which the |
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116 | 116 | | 5 general assembly is convened in session upon the proclamation |
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117 | 117 | | 6 and call of the governor under Article 4, Section 9 of the |
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118 | 118 | | 7 Constitution of the State of Indiana. |
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119 | 119 | | 8 SECTION 4. IC 2-2.1-1-2, AS AMENDED BY P.L.133-2021, |
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120 | 120 | | 9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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121 | 121 | | 10 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (c), |
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122 | 122 | | 11 this section does not apply to a special session. |
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123 | 123 | | 12 (b) The first regular session of each term of the general assembly |
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124 | 124 | | 13 shall first convene after an election for members of the general |
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125 | 125 | | 14 assembly on the third Tuesday after the first Monday of November of |
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126 | 126 | | 15 each even-numbered year to do the following: |
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127 | 127 | | 16 (1) Organize itself. |
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128 | 128 | | 17 (2) Elect its officers. |
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129 | 129 | | 18 (3) Receive the oath of office. |
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130 | 130 | | 19 (b) (c) If a special session is called before the date set in subsection |
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131 | 131 | | 20 (a), (b), then the organization, election, and receiving the oath of office |
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132 | 132 | | 21 shall be held on the first day of the special session. |
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133 | 133 | | 22 (c) (d) The general assembly shall then adjourn until a day: |
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134 | 134 | | 23 (1) certain fixed by a concurrent resolution; or |
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135 | 135 | | 24 (2) when the gavel of each house falls in the presence of a quorum |
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136 | 136 | | 25 whether or not a day certain to reconvene in session has been |
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137 | 137 | | 26 fixed. |
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138 | 138 | | 27 (d) (e) The general assembly shall reconvene in session no not later |
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139 | 139 | | 28 than the second Monday in January of the following year. |
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140 | 140 | | 29 (e) (f) The first regular session of each term of the general assembly |
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141 | 141 | | 30 that convenes under this section shall adjourn sine die as follows: |
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142 | 142 | | 31 (1) Not later than November 15 in calendar year 2021. |
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143 | 143 | | 32 (2) not later than April 29 in any odd-numbered year beginning |
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144 | 144 | | 33 after December 31, 2022. the third Monday of November of the |
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145 | 145 | | 34 year the general assembly reconvenes under subsection (e). |
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146 | 146 | | 35 (g) The session of the general assembly that convenes under this |
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147 | 147 | | 36 section is considered to adjourn sine die, by operation of law, on |
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148 | 148 | | 37 the third Monday of November of the year the general assembly |
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149 | 149 | | 38 reconvenes under subsection (e), if the general assembly has not |
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150 | 150 | | 39 adjourned sine die on an earlier date of that year. |
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151 | 151 | | 40 SECTION 5. IC 2-2.1-1-2.5 IS REPEALED [EFFECTIVE UPON |
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152 | 152 | | 41 PASSAGE]. Sec. 2.5. (a) This section does not apply in calendar year |
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153 | 153 | | 42 2021. |
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154 | 154 | | 2022(ss) IN 1015—LS 6050/DI 75 4 |
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155 | 155 | | 1 (b) Before the first regular session adjourns sine die, the general |
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156 | 156 | | 2 assembly may adopt a concurrent resolution to fix a day to convene the |
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157 | 157 | | 3 first regular technical session of the general assembly. The day fixed |
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158 | 158 | | 4 under this subsection may not be earlier than thirty (30) days after the |
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159 | 159 | | 5 first regular session adjourns sine die. |
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160 | 160 | | 6 (c) Only the following may be considered and acted upon during a |
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161 | 161 | | 7 first regular technical session: |
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162 | 162 | | 8 (1) Bills enacted during the first regular session vetoed by the |
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163 | 163 | | 9 governor. |
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164 | 164 | | 10 (2) Bills to correct conflicts among bills enacted during the first |
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165 | 165 | | 11 regular session. |
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166 | 166 | | 12 (3) Bills to correct technical errors in bills enacted during the first |
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167 | 167 | | 13 regular session. |
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168 | 168 | | 14 (d) The first regular technical session must adjourn sine die before |
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169 | 169 | | 15 midnight after it convenes. |
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170 | 170 | | 16 (e) The concurrent resolution adopted under subsection (b) may |
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171 | 171 | | 17 provide that the first regular technical session is not required to |
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172 | 172 | | 18 convene if the speaker of the house of representatives and the president |
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173 | 173 | | 19 pro tempore of the senate jointly issue an order finding that the |
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174 | 174 | | 20 purposes for which a regular technical session may meet under |
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175 | 175 | | 21 subsection (c) do not justify the cost and inconvenience of meeting in |
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176 | 176 | | 22 a regular technical session. |
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177 | 177 | | 23 (f) If the general assembly does not meet in a regular technical |
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178 | 178 | | 24 session under this section, the general assembly shall consider and act |
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179 | 179 | | 25 upon vetoes of bills enacted during the first regular session at the next |
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180 | 180 | | 26 second regular session. |
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181 | 181 | | 27 (g) For purposes of Article 5, Section 14 of the Constitution of the |
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182 | 182 | | 28 State of Indiana, the first regular technical session is not considered a |
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183 | 183 | | 29 regular session if the general assembly does not consider or act upon |
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184 | 184 | | 30 vetoes of bills enacted during the first regular session under this |
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185 | 185 | | 31 section. |
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186 | 186 | | 32 SECTION 6. IC 2-2.1-1-3 IS AMENDED TO READ AS |
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187 | 187 | | 33 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) This section |
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188 | 188 | | 34 does not apply to a special session. |
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189 | 189 | | 35 (b) The second regular session of each term of the general assembly |
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190 | 190 | | 36 shall convene for each even-numbered year on the third Tuesday |
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191 | 191 | | 37 after the first Monday of November of each the immediately |
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192 | 192 | | 38 preceding odd-numbered year. The general assembly shall then |
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193 | 193 | | 39 adjourn until a day: |
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194 | 194 | | 40 (1) certain fixed by a concurrent resolution; or |
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195 | 195 | | 41 (2) when the gavel of each house falls in the presence of a quorum |
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196 | 196 | | 42 whether or not a day certain to reconvene in session has been |
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197 | 197 | | 2022(ss) IN 1015—LS 6050/DI 75 5 |
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198 | 198 | | 1 fixed. |
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199 | 199 | | 2 (b) (c) The general assembly shall reconvene in session no not later |
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200 | 200 | | 3 than the second Monday in January of the following year. |
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201 | 201 | | 4 (d) The second regular session of each term of the general assembly |
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202 | 202 | | 5 that convenes under this section shall adjourn sine die not later than |
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203 | 203 | | 6 March 14 in any the first Monday of November of that |
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204 | 204 | | 7 even-numbered year. |
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205 | 205 | | 8 (e) The session of the general assembly held in an |
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206 | 206 | | 9 even-numbered year is considered to adjourn sine die, by operation |
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207 | 207 | | 10 of law, on the first Monday of November of the year the general |
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208 | 208 | | 11 assembly reconvenes under subsection (c), if the general assembly |
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209 | 209 | | 12 has not adjourned sine die on an earlier date of that year. |
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210 | 210 | | 13 SECTION 7. IC 2-2.1-1-3.5 IS REPEALED [EFFECTIVE UPON |
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211 | 211 | | 14 PASSAGE]. Sec. 3.5. (a) Before the second regular session adjourns |
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212 | 212 | | 15 sine die, the general assembly may adopt a concurrent resolution to fix |
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213 | 213 | | 16 a day to convene the second regular technical session of the general |
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214 | 214 | | 17 assembly. The day fixed under this subsection may not be earlier than |
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215 | 215 | | 18 thirty (30) days after the second regular session adjourns sine die. |
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216 | 216 | | 19 (b) Only the following may be considered and acted upon during a |
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217 | 217 | | 20 second regular technical session: |
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218 | 218 | | 21 (1) Bills enacted during the second regular session vetoed by the |
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219 | 219 | | 22 governor. |
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220 | 220 | | 23 (2) Bills to correct conflicts among bills enacted during the |
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221 | 221 | | 24 second regular session. |
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222 | 222 | | 25 (3) Bills to correct technical errors in bills enacted during the |
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223 | 223 | | 26 second regular session. |
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224 | 224 | | 27 (c) The second regular technical session must adjourn sine die |
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225 | 225 | | 28 before midnight after it convenes. |
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226 | 226 | | 29 (d) The concurrent resolution adopted under subsection (a) may |
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227 | 227 | | 30 provide that the second regular technical session is not required to |
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228 | 228 | | 31 convene if the speaker of the house of representatives and the president |
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229 | 229 | | 32 pro tempore of the senate jointly issue an order finding that the |
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230 | 230 | | 33 purposes for which a regular technical session may meet under |
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231 | 231 | | 34 subsection (b) do not justify the cost and inconvenience of meeting in |
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232 | 232 | | 35 a regular technical session. |
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233 | 233 | | 36 (e) If the general assembly does not meet in a regular technical |
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234 | 234 | | 37 session under this section, the general assembly may consider and act |
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235 | 235 | | 38 upon vetoes of bills enacted during the second regular session at the |
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236 | 236 | | 39 next first regular session. |
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237 | 237 | | 40 (f) For purposes of Article 5, Section 14 of the Constitution of the |
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238 | 238 | | 41 State of Indiana, the second regular technical session is not considered |
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239 | 239 | | 42 a regular session if the general assembly does not consider or act upon |
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240 | 240 | | 2022(ss) IN 1015—LS 6050/DI 75 6 |
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241 | 241 | | 1 vetoes of bills enacted during the second regular session under this |
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242 | 242 | | 2 section. |
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243 | 243 | | 3 SECTION 8. IC 2-2.1-1-12, AS AMENDED BY P.L.137-2021, |
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244 | 244 | | 4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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245 | 245 | | 5 UPON PASSAGE]: Sec. 12. (a) This section applies only to those bills |
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246 | 246 | | 6 or joint resolutions which pass |
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247 | 247 | | 7 (1) after April 19, 2021, and before April 30, 2021; or |
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248 | 248 | | 8 (2) during the two (2) days before the sine die adjournment of a |
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249 | 249 | | 9 session of the general assembly. |
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250 | 250 | | 10 This section does not apply to bills passed during a regular technical |
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251 | 251 | | 11 session. |
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252 | 252 | | 12 (b) The presiding officers of the house of representatives and the |
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253 | 253 | | 13 senate shall sign each bill or joint resolution passed under Article 4, |
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254 | 254 | | 14 Section 25 of the Constitution of the State of Indiana as soon as |
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255 | 255 | | 15 practicable, but not later than seven (7) calendar days after |
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256 | 256 | | 16 (1) the date of passage with respect to a bill or joint resolution |
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257 | 257 | | 17 passed during the period described in subsection (a)(1); or |
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258 | 258 | | 18 (2) sine die adjournment of the session of the general assembly at |
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259 | 259 | | 19 which the bill or joint resolution was passed with respect to a bill |
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260 | 260 | | 20 or joint resolution passed during the two (2) days before the sine |
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261 | 261 | | 21 die adjournment of a regular or special session of the general |
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262 | 262 | | 22 assembly. |
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263 | 263 | | 23 (c) A bill that has been signed under subsection (b) must be |
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264 | 264 | | 24 presented to the governor as soon as practicable, but not later than |
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265 | 265 | | 25 seven (7) calendar days after |
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266 | 266 | | 26 (1) the date of passage with respect to a bill described in |
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267 | 267 | | 27 subsection (b)(1); or |
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268 | 268 | | 28 (2) sine die adjournment of the session of the general assembly at |
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269 | 269 | | 29 which the bill was passed. with respect to a bill described in |
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270 | 270 | | 30 subsection (b)(2). |
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271 | 271 | | 31 SECTION 9. IC 2-2.1-1-13 IS REPEALED [EFFECTIVE UPON |
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272 | 272 | | 32 PASSAGE]. Sec. 13. (a) This section does not apply in calendar year |
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273 | 273 | | 33 2021. |
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274 | 274 | | 34 (b) This section applies only to bills passed during a regular |
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275 | 275 | | 35 technical session. |
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276 | 276 | | 36 (c) The presiding officers of the house and senate shall sign each |
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277 | 277 | | 37 bill passed under Article 4, Section 25 of the Constitution of the State |
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278 | 278 | | 38 of Indiana as soon as practicable, but not later than the next business |
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279 | 279 | | 39 day after sine die adjournment of the regular technical session at which |
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280 | 280 | | 40 the bill was passed. |
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281 | 281 | | 41 (d) A bill that has been signed under subsection (c) must be |
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282 | 282 | | 42 presented to the governor as soon as practicable, but not later than the |
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283 | 283 | | 2022(ss) IN 1015—LS 6050/DI 75 7 |
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284 | 284 | | 1 second business day after sine die adjournment of the regular technical |
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285 | 285 | | 2 session at which the bill was passed. |
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286 | 286 | | 3 SECTION 10. IC 2-2.1-1.2 IS REPEALED [EFFECTIVE UPON |
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287 | 287 | | 4 PASSAGE]. (Emergency Sessions). |
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288 | 288 | | 5 SECTION 11. IC 2-3-1-0.3 IS ADDED TO THE INDIANA CODE |
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289 | 289 | | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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290 | 290 | | 7 UPON PASSAGE]: Sec. 0.3. (a) As used in this chapter, "legislative |
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291 | 291 | | 8 business per diem allowance" refers to the maximum daily amount |
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292 | 292 | | 9 allowable to employees of the executive branch of the federal |
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293 | 293 | | 10 government for subsistence expenses while away from home in |
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294 | 294 | | 11 travel status in the Indianapolis area. |
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295 | 295 | | 12 (b) The legislative business per diem changes each time there is |
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296 | 296 | | 13 a change in that maximum daily amount. |
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297 | 297 | | 14 SECTION 12. IC 2-3-1-0.4 IS ADDED TO THE INDIANA CODE |
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298 | 298 | | 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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299 | 299 | | 16 UPON PASSAGE]: Sec. 0.4. As used in this chapter, "legislative |
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300 | 300 | | 17 council" refers to the legislative council created by IC 2-5-1.1-1. |
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301 | 301 | | 18 SECTION 13. IC 2-3-1-0.6 IS ADDED TO THE INDIANA CODE |
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302 | 302 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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303 | 303 | | 20 UPON PASSAGE]: Sec. 0.6. As used in this chapter, "legislative |
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304 | 304 | | 21 services agency" refers to the legislative services agency |
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305 | 305 | | 22 established under IC 2-5-1.1-7. |
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306 | 306 | | 23 SECTION 14. IC 2-3-1-0.7 IS ADDED TO THE INDIANA CODE |
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307 | 307 | | 24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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308 | 308 | | 25 UPON PASSAGE]: Sec. 0.7. As used in this chapter, "president pro |
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309 | 309 | | 26 tempore" refers to the president pro tempore of the senate. |
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310 | 310 | | 27 SECTION 15. IC 2-3-1-0.8 IS ADDED TO THE INDIANA CODE |
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311 | 311 | | 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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312 | 312 | | 29 UPON PASSAGE]: Sec. 0.8. As used in this chapter, "speaker" |
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313 | 313 | | 30 refers to the speaker of the house of representatives. |
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314 | 314 | | 31 SECTION 16. IC 2-3-1-0.9 IS ADDED TO THE INDIANA CODE |
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315 | 315 | | 32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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316 | 316 | | 33 UPON PASSAGE]: Sec. 0.9. As used in this chapter, "subsistence |
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317 | 317 | | 34 allowance" refers to the amount that is forty percent (40%) of the |
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318 | 318 | | 35 maximum daily amount allowable to employees of the executive |
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319 | 319 | | 36 branch of the federal government for subsistence expenses while |
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320 | 320 | | 37 away from home in travel status in the Indianapolis area. |
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321 | 321 | | 38 SECTION 17. IC 2-3-1-4 IS AMENDED TO READ AS FOLLOWS |
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322 | 322 | | 39 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) In order to reimburse the |
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323 | 323 | | 40 members of the general assembly for the expenses they incur in |
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324 | 324 | | 41 providing legislative services, each member shall receive such per |
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325 | 325 | | 42 diem and such other expense reimbursements as may be in the |
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326 | 326 | | 2022(ss) IN 1015—LS 6050/DI 75 8 |
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327 | 327 | | 1 amounts provided by law. |
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328 | 328 | | 2 (b) The officers of the senate and the house of representatives shall |
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329 | 329 | | 3 also receive such additional allowances as may be provided to them by |
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330 | 330 | | 4 law. |
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331 | 331 | | 5 SECTION 18. IC 2-3-1-5 IS ADDED TO THE INDIANA CODE |
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332 | 332 | | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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333 | 333 | | 7 UPON PASSAGE]: Sec. 5. (a) Each member of the house is entitled, |
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334 | 334 | | 8 when authorized by the speaker, to the legislative business per |
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335 | 335 | | 9 diem allowance for each day the member is engaged in official |
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336 | 336 | | 10 business. The speaker shall authorize the legislative business per |
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337 | 337 | | 11 diem allowance to be consistent with law and house rules. |
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338 | 338 | | 12 (b) Each member of the senate is entitled, when authorized by |
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339 | 339 | | 13 the president pro tempore, to the legislative business per diem |
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340 | 340 | | 14 allowance for every day the member is engaged in official business. |
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341 | 341 | | 15 The president pro tempore shall authorize the legislative business |
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342 | 342 | | 16 per diem allowance to be consistent with law and senate rules. |
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343 | 343 | | 17 (c) Each member of the general assembly is entitled, when |
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344 | 344 | | 18 authorized by the speaker or the president pro tempore, to the |
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345 | 345 | | 19 legislative business per diem allowance for every day the member |
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346 | 346 | | 20 is engaged in official business. |
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347 | 347 | | 21 (d) In addition to the legislative business per diem allowance, |
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348 | 348 | | 22 each member of the general assembly is entitled to receive the |
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349 | 349 | | 23 mileage allowance in an amount equal to the standard mileage |
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350 | 350 | | 24 rates for personally owned transportation equipment established |
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351 | 351 | | 25 by the federal Internal Revenue Service for each mile necessarily |
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352 | 352 | | 26 traveled from the member's usual place of residence to the state |
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353 | 353 | | 27 capitol. However, if the member traveled by a means other than by |
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354 | 354 | | 28 motor vehicle, and the member's usual place of residence is more |
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355 | 355 | | 29 than one hundred (100) miles from the state capitol, the member |
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356 | 356 | | 30 is entitled to reimbursement in an amount equal to the lowest air |
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357 | 357 | | 31 travel cost incurred in traveling from the usual place of residence |
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358 | 358 | | 32 to the state capitol. During the period the general assembly is |
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359 | 359 | | 33 convened in session, the mileage allowance is limited to one (1) |
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360 | 360 | | 34 round trip each week per member. |
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361 | 361 | | 35 (e) A member of the general assembly who is appointed by the |
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362 | 362 | | 36 governor, speaker, president or president pro tempore, house or |
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363 | 363 | | 37 senate minority floor leader, or legislative council to serve on any |
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364 | 364 | | 38 research, study, or survey committee or commission, or who |
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365 | 365 | | 39 attends any meetings authorized or convened under the auspices of |
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366 | 366 | | 40 the legislative council, including presession conferences and |
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367 | 367 | | 41 federal-state relations conferences, is entitled, when authorized by |
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368 | 368 | | 42 the legislative council, to receive the legislative business per diem |
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369 | 369 | | 2022(ss) IN 1015—LS 6050/DI 75 9 |
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370 | 370 | | 1 allowance for each day the member is in actual attendance and is |
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371 | 371 | | 2 also entitled to the mileage allowance, at the rate specified in |
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372 | 372 | | 3 subsection (d), for each mile necessarily traveled from the |
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373 | 373 | | 4 member's usual place of residence to the state capitol, or other |
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374 | 374 | | 5 Indiana site of the committee, commission, or conference. |
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375 | 375 | | 6 (f) The legislative business per diem allowance and the mileage |
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376 | 376 | | 7 allowance permitted under this section shall be paid from the |
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377 | 377 | | 8 legislative council appropriation for legislator and lay member |
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378 | 378 | | 9 travel unless the member is attending an out-of-state meeting, as |
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379 | 379 | | 10 authorized by the speaker or the president pro tempore, in which |
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380 | 380 | | 11 case the member is entitled to receive both of the following: |
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381 | 381 | | 12 (1) The legislative business per diem allowance for each day |
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382 | 382 | | 13 the member is engaged in approved out-of-state travel. |
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383 | 383 | | 14 (2) Reimbursement for traveling expenses actually incurred |
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384 | 384 | | 15 in connection with the member's duties, as provided in the |
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385 | 385 | | 16 state travel policies and procedures established by the |
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386 | 386 | | 17 legislative council. |
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387 | 387 | | 18 SECTION 19. IC 2-3-1-6 IS ADDED TO THE INDIANA CODE |
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388 | 388 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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389 | 389 | | 20 UPON PASSAGE]: Sec. 6. (a) This section applies only during the |
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390 | 390 | | 21 following times: |
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391 | 391 | | 22 (1) Each day the general assembly is in session as provided in |
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392 | 392 | | 23 IC 2-2.1-1 but is in recess for six (6) or more consecutive |
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393 | 393 | | 24 calendar days. |
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394 | 394 | | 25 (2) Except as provided in subsection (c), each day after the |
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395 | 395 | | 26 general assembly adjourns sine die in any calendar year. |
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396 | 396 | | 27 (b) Each member of the general assembly is entitled to the |
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397 | 397 | | 28 subsistence allowance for each day. |
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398 | 398 | | 29 (c) Notwithstanding subsection (a)(2), each member of the |
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399 | 399 | | 30 general assembly is entitled to the legislative business per diem |
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400 | 400 | | 31 allowance for each day: |
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401 | 401 | | 32 (1) that the general assembly is meeting in special session as |
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402 | 402 | | 33 described in IC 2-2.1-1-4; or |
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403 | 403 | | 34 (2) beginning on the day the general assembly has begun a |
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404 | 404 | | 35 new session under IC 2-2.1-1-2 or IC 2-2.1-1-3, except for any |
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405 | 405 | | 36 day that the general assembly is in recess for six (6) or more |
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406 | 406 | | 37 calendar days. |
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407 | 407 | | 38 (d) The subsistence allowance is payable from the |
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408 | 408 | | 39 appropriations for legislators' subsistence. |
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409 | 409 | | 40 SECTION 20. IC 2-3-1-7 IS ADDED TO THE INDIANA CODE |
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410 | 410 | | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE |
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411 | 411 | | 42 UPON PASSAGE]: Sec. 7. (a) Notwithstanding the provisions of |
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412 | 412 | | 2022(ss) IN 1015—LS 6050/DI 75 10 |
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413 | 413 | | 1 this chapter or any other statute, the legislative council may adopt |
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414 | 414 | | 2 resolutions establishing travel policies and procedures that apply |
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415 | 415 | | 3 only to members of the general assembly or to the staffs of the |
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416 | 416 | | 4 house of representatives, senate, and legislative services agency, or |
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417 | 417 | | 5 both members and staffs. |
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418 | 418 | | 6 (b) The legislative council may apply the travel policies and |
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419 | 419 | | 7 procedures adopted under subsection (a) to lay members serving |
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420 | 420 | | 8 on research, study, or survey committees or commissions that are |
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421 | 421 | | 9 under the jurisdiction of the legislative council. |
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422 | 422 | | 10 (c) Notwithstanding any other law, rule, or policy, the state |
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423 | 423 | | 11 travel policies and procedures established by the Indiana |
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424 | 424 | | 12 department of administration and approved by the budget agency |
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425 | 425 | | 13 do not apply to members of the general assembly, to the staffs of |
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426 | 426 | | 14 the house of representatives, senate, or legislative services agency, |
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427 | 427 | | 15 or to lay members serving on research, study, or survey |
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428 | 428 | | 16 committees or commissions under the jurisdiction of the legislative |
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429 | 429 | | 17 council (if the legislative council applies its travel policies and |
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430 | 430 | | 18 procedures to lay members under the authority of this section). |
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431 | 431 | | 19 (d) If the legislative council has not adopted travel policies and |
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432 | 432 | | 20 procedures as provided in this section, the state travel policies and |
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433 | 433 | | 21 procedures established by the Indiana department of |
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434 | 434 | | 22 administration and approved by the budget agency apply to |
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435 | 435 | | 23 members of the general assembly, to the staffs of the house of |
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436 | 436 | | 24 representatives, senate, and legislative services agency, and to lay |
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437 | 437 | | 25 members serving on research, study, or survey committees or |
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438 | 438 | | 26 commissions under the jurisdiction of the legislative council. |
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439 | 439 | | 27 (e) The executive director of the legislative services agency is |
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440 | 440 | | 28 responsible for the administration of travel policies and procedures |
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441 | 441 | | 29 adopted by the legislative council. The auditor of state shall |
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442 | 442 | | 30 approve and process claims for reimbursement of travel related |
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443 | 443 | | 31 expenses under this subsection based upon the written affirmation |
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444 | 444 | | 32 of the speaker, the president pro tempore, or the executive director |
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445 | 445 | | 33 of the legislative services agency that those claims comply with the |
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446 | 446 | | 34 travel policies and procedures adopted by the legislative council. |
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447 | 447 | | 35 SECTION 21. IC 2-5-1.1-5, AS AMENDED BY P.L.64-2021, |
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448 | 448 | | 36 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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449 | 449 | | 37 UPON PASSAGE]: Sec. 5. (a) The council may do any of the |
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450 | 450 | | 38 following: |
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451 | 451 | | 39 (1) On its own initiative or at the direction of the general |
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452 | 452 | | 40 assembly or of the senate or house of representatives, study |
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453 | 453 | | 41 subjects of interest and concern, and based on such a study, |
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454 | 454 | | 42 recommend such legislation as the welfare of the state may |
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455 | 455 | | 2022(ss) IN 1015—LS 6050/DI 75 11 |
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456 | 456 | | 1 require. |
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457 | 457 | | 2 (2) Direct standing committees of the senate or house of |
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458 | 458 | | 3 representatives, or appoint committees and subcommittees subject |
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459 | 459 | | 4 to the authority of the council, to carry out studies on subjects of |
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460 | 460 | | 5 interest and concern. |
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461 | 461 | | 6 (3) Recommend such codification and general revision of the |
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462 | 462 | | 7 constitution and the laws of the state as may from time to time be |
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463 | 463 | | 8 necessary. |
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464 | 464 | | 9 (4) Require any officer or agency, board, commission, committee |
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465 | 465 | | 10 or other instrumentality of the state or of a political subdivision of |
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466 | 466 | | 11 the state to provide information bearing on subjects under |
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467 | 467 | | 12 consideration by the council or by standing committee or any of |
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468 | 468 | | 13 its committees or subcommittees. |
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469 | 469 | | 14 (5) By an affirmative vote of two-thirds (2/3) of its members |
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470 | 470 | | 15 present and voting: |
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471 | 471 | | 16 (A) administer oaths, issue subpoenas, compel the attendance |
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472 | 472 | | 17 of witnesses and the production of papers, books, accounts, |
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473 | 473 | | 18 documents and testimony and have the deposition of witnesses |
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474 | 474 | | 19 taken in the manner prescribed by law for taking depositions |
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475 | 475 | | 20 in civil actions bearing on subjects under consideration by the |
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476 | 476 | | 21 council or by any of its committees or subcommittees; and |
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477 | 477 | | 22 (B) petition, through the presiding officer of the council, any |
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478 | 478 | | 23 circuit court, superior court, or probate court of the appropriate |
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479 | 479 | | 24 county for an order for compliance with any order or |
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480 | 480 | | 25 subpoenas issued under this section. |
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481 | 481 | | 26 (6) Adopt such rules and procedures and organize such agencies |
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482 | 482 | | 27 as may be necessary or appropriate to carry out its duties. |
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483 | 483 | | 28 (7) Receive appropriations and make allocations for the |
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484 | 484 | | 29 reasonable and necessary expenditures of the council and the |
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485 | 485 | | 30 standing and interim committees of the house of representatives, |
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486 | 486 | | 31 senate and general assembly. |
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487 | 487 | | 32 (8) Enter into whatever contracts or other arrangements deemed |
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488 | 488 | | 33 by it to be necessary or appropriate to exercising its rights, |
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489 | 489 | | 34 privileges, and powers and performing its duties under this |
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490 | 490 | | 35 chapter and IC 2-6-1.5 and to carrying out the intent, purposes, |
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491 | 491 | | 36 and provisions of this chapter and IC 2-6-1.5. |
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492 | 492 | | 37 (9) Initiate sessions of the general assembly under IC 2-2.1-1.2. |
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493 | 493 | | 38 (10) (9) Do all other things necessary and proper to perform the |
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494 | 494 | | 39 functions of the legislative department of government and to carry |
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495 | 495 | | 40 out the intent, purposes and provisions of this chapter. |
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496 | 496 | | 41 (b) The council may authorize its executive director to act on its |
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497 | 497 | | 42 behalf and with its authority on any matter of administration under this |
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498 | 498 | | 2022(ss) IN 1015—LS 6050/DI 75 12 |
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499 | 499 | | 1 chapter and under IC 2-6-1.5, including executing and implementing |
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500 | 500 | | 2 any contract or other arrangement under which it agrees to be bound. |
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501 | 501 | | 3 SECTION 22. IC 3-9-2-12, AS AMENDED BY P.L.133-2021, |
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502 | 502 | | 4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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503 | 503 | | 5 UPON PASSAGE]: Sec. 12. (a) This section does not apply to: |
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504 | 504 | | 6 (1) a member of the general assembly; or |
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505 | 505 | | 7 (2) a candidate's committee of a member of the general assembly; |
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506 | 506 | | 8 with respect to an office other than a legislative office or a state office |
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507 | 507 | | 9 to which the member seeks election. |
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508 | 508 | | 10 (b) As used in this section, "affected person" refers to any of the |
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509 | 509 | | 11 following: |
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510 | 510 | | 12 (1) An individual who holds a legislative office. |
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511 | 511 | | 13 (2) A candidate for a legislative office. |
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512 | 512 | | 14 (3) An individual who holds a state office. |
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513 | 513 | | 15 (4) A candidate for a state office. |
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514 | 514 | | 16 (c) As used in this section, "prohibited period" means the period: |
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515 | 515 | | 17 (1) beginning on the day in January in each odd-numbered year |
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516 | 516 | | 18 the general assembly reconvenes under IC 2-2.1-1-2; and |
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517 | 517 | | 19 (2) through either of the following: |
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518 | 518 | | 20 (A) April 29 in calendar year 2021. |
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519 | 519 | | 21 (B) The day the general assembly adjourns sine die under |
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520 | 520 | | 22 IC 2-2.1-1-2 in an odd-numbered year beginning after |
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521 | 521 | | 23 December 31, 2022. the date the budget bill (as defined in |
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522 | 522 | | 24 IC 4-12-1-2(e)) for the following budget period (as defined |
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523 | 523 | | 25 by IC 4-12-1-2(g)) enacted by the general assembly is |
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524 | 524 | | 26 approved by the governor. |
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525 | 525 | | 27 (d) During the prohibited period, an affected person, an affected |
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526 | 526 | | 28 person's candidate's committee, and a legislative caucus committee may |
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527 | 527 | | 29 not do any of the following: |
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528 | 528 | | 30 (1) Solicit campaign contributions. |
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529 | 529 | | 31 (2) Accept campaign contributions. |
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530 | 530 | | 32 (3) Conduct other fundraising activities. This subdivision does not |
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531 | 531 | | 33 prohibit an affected person from participating in party activities |
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532 | 532 | | 34 conducted by a regular party committee. |
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533 | 533 | | 35 SECTION 23. IC 4-12-18-5, AS AMENDED BY P.L.174-2022, |
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534 | 534 | | 36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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535 | 535 | | 37 UPON PASSAGE]: Sec. 5. Discretionary funds deposited into an |
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536 | 536 | | 38 economic stimulus fund during a period in which the general assembly |
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537 | 537 | | 39 is convened in a regular session an emergency session under |
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538 | 538 | | 40 IC 2-2.1-1.2, or a special session may not be allotted or expended |
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539 | 539 | | 41 unless appropriated by the general assembly or reviewed by the budget |
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540 | 540 | | 42 committee. Appropriations made by the general assembly do not revert |
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541 | 541 | | 2022(ss) IN 1015—LS 6050/DI 75 13 |
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542 | 542 | | 1 until the end of the biennium in which they are appropriated. |
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543 | 543 | | 2 SECTION 24. IC 4-12-18-6, AS AMENDED BY P.L.174-2022, |
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544 | 544 | | 3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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545 | 545 | | 4 UPON PASSAGE]: Sec. 6. Before discretionary funds deposited into |
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546 | 546 | | 5 an economic stimulus fund during a period in which the general |
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547 | 547 | | 6 assembly is not convened in a regular session an emergency session |
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548 | 548 | | 7 under IC 2-2.1-1.2, or a special session may be allotted to or expended |
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549 | 549 | | 8 by a state agency or instrumentality, the allotment or expenditure must |
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550 | 550 | | 9 be reviewed by the budget committee. Money is considered |
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551 | 551 | | 10 continuously appropriated for the period of the federal award after |
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552 | 552 | | 11 budget committee review. |
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553 | 553 | | 12 SECTION 25. IC 34-6-2-137 IS REPEALED [EFFECTIVE UPON |
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554 | 554 | | 13 PASSAGE]. Sec. 137. "Session of the general assembly", for purposes |
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555 | 555 | | 14 of IC 34-13-1-6, does not include a regular technical session. |
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556 | 556 | | 15 SECTION 26. An emergency is declared for this act. |
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557 | 557 | | 2022(ss) IN 1015—LS 6050/DI 75 |
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