Indiana 2022 1st Special Session

Indiana House Bill HB1015 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1015(ss)
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 1-1-3; IC 2-2.1; IC 2-3-1; IC 2-5-1.1-5;
77 IC 3-9-2-12; IC 4-12-18; IC 34-6-2-137.
88 Synopsis: General assembly sessions. Provides that during an
99 odd-numbered year, the general assembly shall adjourn sine die not
1010 later than the third Monday in November of that year. Provides that in
1111 an even-numbered year, the general assembly shall adjourn sine die not
1212 later than the first Monday in November of that year. Provides that the
1313 sessions of the general assembly are considered to adjourn sine die, by
1414 operation of law, not later than the required sine die adjournment days,
1515 if the general assembly has not previously adjourned sine die. Codifies
1616 provisions relating to the "legislative business per diem allowance", the
1717 legislative "subsistence allowance", and the legislative "mileage
1818 allowance". Provides that legislators are paid the subsistence allowance
1919 for each day: (1) when the general assembly is in session, but in recess
2020 for six or more calendar days; and (2) each day after the general
2121 assembly adjourns sine die unless the general assembly is in special
2222 session, when a legislator is paid the legislative business per diem
2323 allowance. Provides that the "prohibited period" during which
2424 campaign fundraising may not occur by candidates for election to the
2525 general assembly and for state offices ends on the date the budget bill
2626 for the following budget period is approved by the governor. (Under
2727 current law, the prohibited period ends the day the general assembly
2828 adjourns sine die in an odd-numbered year.) Repeals the statutes
2929 providing for technical sessions. Repeals the emergency sessions
3030 statute. Makes technical changes in statutes to reflect these substantive
3131 changes.
3232 Effective: Upon passage.
3333 Bartlett
3434 August 1, 2022, read first time and referred to Committee on Rules and Legislative
3535 Procedures.
3636 2022(ss) IN 1015—LS 6050/DI 75 Introduced
3737 Special Session of the 122nd General Assembly (2022)(ss)
3838 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3939 Constitution) is being amended, the text of the existing provision will appear in this style type,
4040 additions will appear in this style type, and deletions will appear in this style type.
4141 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4242 provision adopted), the text of the new provision will appear in this style type. Also, the
4343 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4444 a new provision to the Indiana Code or the Indiana Constitution.
4545 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4646 between statutes enacted by the 2022 Regular Session of the General Assembly.
4747 HOUSE BILL No. 1015(ss)
4848 A BILL FOR AN ACT to amend the Indiana Code concerning the
4949 general assembly.
5050 Be it enacted by the General Assembly of the State of Indiana:
5151 1 SECTION 1. IC 1-1-3-2, AS AMENDED BY P.L.133-2021,
5252 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5353 3 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), so
5454 4 As soon as certificates from all the counties have been received, the
5555 5 governor shall issue and publish the governor's proclamation in the
5656 6 Indiana Register under IC 2-6-1.5-5, announcing the date at which the
5757 7 latest filing took place.
5858 8 (b) All courts shall take notice of the facts contained in which the
5959 9 proclamation all courts shall take notice. issued and published under
6060 10 subsection (a).
6161 11 (b) This subsection applies only in calendar year 2021. So soon as
6262 12 certificates from all the counties have been received under
6363 13 IC 2-6-1.5-5(f), the governor shall:
6464 14 (1) for the distribution under IC 2-6-1.5-5(f)(1), issue and publish
6565 15 a governor's proclamation in the Indiana Register under
6666 16 IC 2-6-1.5-5, announcing the date at which the latest filing took
6767 17 place; of the facts contained in which proclamation, all courts
6868 2022(ss) IN 1015—LS 6050/DI 75 2
6969 1 shall take notice; and
7070 2 (2) for the distribution under IC 2-6-1.5-5(f)(2), issue and publish
7171 3 a governor's proclamation in the Indiana Register under
7272 4 IC 2-6-1.5-5, announcing the date at which the latest filing took
7373 5 place; of the facts contained in which proclamation, all courts
7474 6 shall take notice.
7575 7 This subsection expires February 1, 2022.
7676 8 SECTION 2. IC 1-1-3-3 IS AMENDED TO READ AS FOLLOWS
7777 9 [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) As used in this section,
7878 10 "regular "special session" includes a regular technical session. refers
7979 11 to a session called by the governor under Article 4, Section 9 of the
8080 12 Constitution of the State of Indiana.
8181 13 (b) Except as otherwise provided in subsection (d), each provision
8282 14 of each act passed at a regular session of the general assembly takes
8383 15 effect on July 1 next following its enactment, unless a different time is
8484 16 specified in the act.
8585 17 (c) Except as otherwise provided in subsection (d), each provision
8686 18 of each act passed at a special session of the general assembly takes
8787 19 effect on the first day of the third calendar month after the calendar
8888 20 month of sine die adjournment of the special session, unless a different
8989 21 time is specified in the act.
9090 22 (d) If an act contains a SECTION that specifies an effective date or
9191 23 dates for one (1) or more other provisions of the act or declares that an
9292 24 emergency exists for the act, then the SECTION takes effect at the
9393 25 same time as the earliest date that any other provision of the act takes
9494 26 effect.
9595 27 (e) This section does not apply to acts that are vetoed by the
9696 28 governor.
9797 29 SECTION 3. IC 2-2.1-1-1, AS AMENDED BY P.L.64-2021,
9898 30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9999 31 UPON PASSAGE]: Sec. 1. The following definitions apply throughout
100100 32 this chapter:
101101 33 (1) "Bill" includes a bill and a joint resolution.
102102 34 (2) "Term of the general assembly" means that two (2) year period
103103 35 of time extending from the first Wednesday after the first Monday
104104 36 in November of any even-numbered year until, but not including,
105105 37 the first Wednesday after the first Monday in November of the
106106 38 next even-numbered year.
107107 39 (3) "Session" refers to any of the following:
108108 40 (A) A regular session of the general assembly.
109109 41 (B) A regular technical session of the general assembly.
110110 42 (C) An emergency session of the general assembly convened
111111 2022(ss) IN 1015—LS 6050/DI 75 3
112112 1 under IC 2-2.1-1.2.
113113 2 (D) A special session of the general assembly. session of the
114114 3 general assembly not described in subdivision (4).
115115 4 (4) "Special session" means that period of time during which the
116116 5 general assembly is convened in session upon the proclamation
117117 6 and call of the governor under Article 4, Section 9 of the
118118 7 Constitution of the State of Indiana.
119119 8 SECTION 4. IC 2-2.1-1-2, AS AMENDED BY P.L.133-2021,
120120 9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
121121 10 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (c),
122122 11 this section does not apply to a special session.
123123 12 (b) The first regular session of each term of the general assembly
124124 13 shall first convene after an election for members of the general
125125 14 assembly on the third Tuesday after the first Monday of November of
126126 15 each even-numbered year to do the following:
127127 16 (1) Organize itself.
128128 17 (2) Elect its officers.
129129 18 (3) Receive the oath of office.
130130 19 (b) (c) If a special session is called before the date set in subsection
131131 20 (a), (b), then the organization, election, and receiving the oath of office
132132 21 shall be held on the first day of the special session.
133133 22 (c) (d) The general assembly shall then adjourn until a day:
134134 23 (1) certain fixed by a concurrent resolution; or
135135 24 (2) when the gavel of each house falls in the presence of a quorum
136136 25 whether or not a day certain to reconvene in session has been
137137 26 fixed.
138138 27 (d) (e) The general assembly shall reconvene in session no not later
139139 28 than the second Monday in January of the following year.
140140 29 (e) (f) The first regular session of each term of the general assembly
141141 30 that convenes under this section shall adjourn sine die as follows:
142142 31 (1) Not later than November 15 in calendar year 2021.
143143 32 (2) not later than April 29 in any odd-numbered year beginning
144144 33 after December 31, 2022. the third Monday of November of the
145145 34 year the general assembly reconvenes under subsection (e).
146146 35 (g) The session of the general assembly that convenes under this
147147 36 section is considered to adjourn sine die, by operation of law, on
148148 37 the third Monday of November of the year the general assembly
149149 38 reconvenes under subsection (e), if the general assembly has not
150150 39 adjourned sine die on an earlier date of that year.
151151 40 SECTION 5. IC 2-2.1-1-2.5 IS REPEALED [EFFECTIVE UPON
152152 41 PASSAGE]. Sec. 2.5. (a) This section does not apply in calendar year
153153 42 2021.
154154 2022(ss) IN 1015—LS 6050/DI 75 4
155155 1 (b) Before the first regular session adjourns sine die, the general
156156 2 assembly may adopt a concurrent resolution to fix a day to convene the
157157 3 first regular technical session of the general assembly. The day fixed
158158 4 under this subsection may not be earlier than thirty (30) days after the
159159 5 first regular session adjourns sine die.
160160 6 (c) Only the following may be considered and acted upon during a
161161 7 first regular technical session:
162162 8 (1) Bills enacted during the first regular session vetoed by the
163163 9 governor.
164164 10 (2) Bills to correct conflicts among bills enacted during the first
165165 11 regular session.
166166 12 (3) Bills to correct technical errors in bills enacted during the first
167167 13 regular session.
168168 14 (d) The first regular technical session must adjourn sine die before
169169 15 midnight after it convenes.
170170 16 (e) The concurrent resolution adopted under subsection (b) may
171171 17 provide that the first regular technical session is not required to
172172 18 convene if the speaker of the house of representatives and the president
173173 19 pro tempore of the senate jointly issue an order finding that the
174174 20 purposes for which a regular technical session may meet under
175175 21 subsection (c) do not justify the cost and inconvenience of meeting in
176176 22 a regular technical session.
177177 23 (f) If the general assembly does not meet in a regular technical
178178 24 session under this section, the general assembly shall consider and act
179179 25 upon vetoes of bills enacted during the first regular session at the next
180180 26 second regular session.
181181 27 (g) For purposes of Article 5, Section 14 of the Constitution of the
182182 28 State of Indiana, the first regular technical session is not considered a
183183 29 regular session if the general assembly does not consider or act upon
184184 30 vetoes of bills enacted during the first regular session under this
185185 31 section.
186186 32 SECTION 6. IC 2-2.1-1-3 IS AMENDED TO READ AS
187187 33 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) This section
188188 34 does not apply to a special session.
189189 35 (b) The second regular session of each term of the general assembly
190190 36 shall convene for each even-numbered year on the third Tuesday
191191 37 after the first Monday of November of each the immediately
192192 38 preceding odd-numbered year. The general assembly shall then
193193 39 adjourn until a day:
194194 40 (1) certain fixed by a concurrent resolution; or
195195 41 (2) when the gavel of each house falls in the presence of a quorum
196196 42 whether or not a day certain to reconvene in session has been
197197 2022(ss) IN 1015—LS 6050/DI 75 5
198198 1 fixed.
199199 2 (b) (c) The general assembly shall reconvene in session no not later
200200 3 than the second Monday in January of the following year.
201201 4 (d) The second regular session of each term of the general assembly
202202 5 that convenes under this section shall adjourn sine die not later than
203203 6 March 14 in any the first Monday of November of that
204204 7 even-numbered year.
205205 8 (e) The session of the general assembly held in an
206206 9 even-numbered year is considered to adjourn sine die, by operation
207207 10 of law, on the first Monday of November of the year the general
208208 11 assembly reconvenes under subsection (c), if the general assembly
209209 12 has not adjourned sine die on an earlier date of that year.
210210 13 SECTION 7. IC 2-2.1-1-3.5 IS REPEALED [EFFECTIVE UPON
211211 14 PASSAGE]. Sec. 3.5. (a) Before the second regular session adjourns
212212 15 sine die, the general assembly may adopt a concurrent resolution to fix
213213 16 a day to convene the second regular technical session of the general
214214 17 assembly. The day fixed under this subsection may not be earlier than
215215 18 thirty (30) days after the second regular session adjourns sine die.
216216 19 (b) Only the following may be considered and acted upon during a
217217 20 second regular technical session:
218218 21 (1) Bills enacted during the second regular session vetoed by the
219219 22 governor.
220220 23 (2) Bills to correct conflicts among bills enacted during the
221221 24 second regular session.
222222 25 (3) Bills to correct technical errors in bills enacted during the
223223 26 second regular session.
224224 27 (c) The second regular technical session must adjourn sine die
225225 28 before midnight after it convenes.
226226 29 (d) The concurrent resolution adopted under subsection (a) may
227227 30 provide that the second regular technical session is not required to
228228 31 convene if the speaker of the house of representatives and the president
229229 32 pro tempore of the senate jointly issue an order finding that the
230230 33 purposes for which a regular technical session may meet under
231231 34 subsection (b) do not justify the cost and inconvenience of meeting in
232232 35 a regular technical session.
233233 36 (e) If the general assembly does not meet in a regular technical
234234 37 session under this section, the general assembly may consider and act
235235 38 upon vetoes of bills enacted during the second regular session at the
236236 39 next first regular session.
237237 40 (f) For purposes of Article 5, Section 14 of the Constitution of the
238238 41 State of Indiana, the second regular technical session is not considered
239239 42 a regular session if the general assembly does not consider or act upon
240240 2022(ss) IN 1015—LS 6050/DI 75 6
241241 1 vetoes of bills enacted during the second regular session under this
242242 2 section.
243243 3 SECTION 8. IC 2-2.1-1-12, AS AMENDED BY P.L.137-2021,
244244 4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
245245 5 UPON PASSAGE]: Sec. 12. (a) This section applies only to those bills
246246 6 or joint resolutions which pass
247247 7 (1) after April 19, 2021, and before April 30, 2021; or
248248 8 (2) during the two (2) days before the sine die adjournment of a
249249 9 session of the general assembly.
250250 10 This section does not apply to bills passed during a regular technical
251251 11 session.
252252 12 (b) The presiding officers of the house of representatives and the
253253 13 senate shall sign each bill or joint resolution passed under Article 4,
254254 14 Section 25 of the Constitution of the State of Indiana as soon as
255255 15 practicable, but not later than seven (7) calendar days after
256256 16 (1) the date of passage with respect to a bill or joint resolution
257257 17 passed during the period described in subsection (a)(1); or
258258 18 (2) sine die adjournment of the session of the general assembly at
259259 19 which the bill or joint resolution was passed with respect to a bill
260260 20 or joint resolution passed during the two (2) days before the sine
261261 21 die adjournment of a regular or special session of the general
262262 22 assembly.
263263 23 (c) A bill that has been signed under subsection (b) must be
264264 24 presented to the governor as soon as practicable, but not later than
265265 25 seven (7) calendar days after
266266 26 (1) the date of passage with respect to a bill described in
267267 27 subsection (b)(1); or
268268 28 (2) sine die adjournment of the session of the general assembly at
269269 29 which the bill was passed. with respect to a bill described in
270270 30 subsection (b)(2).
271271 31 SECTION 9. IC 2-2.1-1-13 IS REPEALED [EFFECTIVE UPON
272272 32 PASSAGE]. Sec. 13. (a) This section does not apply in calendar year
273273 33 2021.
274274 34 (b) This section applies only to bills passed during a regular
275275 35 technical session.
276276 36 (c) The presiding officers of the house and senate shall sign each
277277 37 bill passed under Article 4, Section 25 of the Constitution of the State
278278 38 of Indiana as soon as practicable, but not later than the next business
279279 39 day after sine die adjournment of the regular technical session at which
280280 40 the bill was passed.
281281 41 (d) A bill that has been signed under subsection (c) must be
282282 42 presented to the governor as soon as practicable, but not later than the
283283 2022(ss) IN 1015—LS 6050/DI 75 7
284284 1 second business day after sine die adjournment of the regular technical
285285 2 session at which the bill was passed.
286286 3 SECTION 10. IC 2-2.1-1.2 IS REPEALED [EFFECTIVE UPON
287287 4 PASSAGE]. (Emergency Sessions).
288288 5 SECTION 11. IC 2-3-1-0.3 IS ADDED TO THE INDIANA CODE
289289 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
290290 7 UPON PASSAGE]: Sec. 0.3. (a) As used in this chapter, "legislative
291291 8 business per diem allowance" refers to the maximum daily amount
292292 9 allowable to employees of the executive branch of the federal
293293 10 government for subsistence expenses while away from home in
294294 11 travel status in the Indianapolis area.
295295 12 (b) The legislative business per diem changes each time there is
296296 13 a change in that maximum daily amount.
297297 14 SECTION 12. IC 2-3-1-0.4 IS ADDED TO THE INDIANA CODE
298298 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
299299 16 UPON PASSAGE]: Sec. 0.4. As used in this chapter, "legislative
300300 17 council" refers to the legislative council created by IC 2-5-1.1-1.
301301 18 SECTION 13. IC 2-3-1-0.6 IS ADDED TO THE INDIANA CODE
302302 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
303303 20 UPON PASSAGE]: Sec. 0.6. As used in this chapter, "legislative
304304 21 services agency" refers to the legislative services agency
305305 22 established under IC 2-5-1.1-7.
306306 23 SECTION 14. IC 2-3-1-0.7 IS ADDED TO THE INDIANA CODE
307307 24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
308308 25 UPON PASSAGE]: Sec. 0.7. As used in this chapter, "president pro
309309 26 tempore" refers to the president pro tempore of the senate.
310310 27 SECTION 15. IC 2-3-1-0.8 IS ADDED TO THE INDIANA CODE
311311 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
312312 29 UPON PASSAGE]: Sec. 0.8. As used in this chapter, "speaker"
313313 30 refers to the speaker of the house of representatives.
314314 31 SECTION 16. IC 2-3-1-0.9 IS ADDED TO THE INDIANA CODE
315315 32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
316316 33 UPON PASSAGE]: Sec. 0.9. As used in this chapter, "subsistence
317317 34 allowance" refers to the amount that is forty percent (40%) of the
318318 35 maximum daily amount allowable to employees of the executive
319319 36 branch of the federal government for subsistence expenses while
320320 37 away from home in travel status in the Indianapolis area.
321321 38 SECTION 17. IC 2-3-1-4 IS AMENDED TO READ AS FOLLOWS
322322 39 [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) In order to reimburse the
323323 40 members of the general assembly for the expenses they incur in
324324 41 providing legislative services, each member shall receive such per
325325 42 diem and such other expense reimbursements as may be in the
326326 2022(ss) IN 1015—LS 6050/DI 75 8
327327 1 amounts provided by law.
328328 2 (b) The officers of the senate and the house of representatives shall
329329 3 also receive such additional allowances as may be provided to them by
330330 4 law.
331331 5 SECTION 18. IC 2-3-1-5 IS ADDED TO THE INDIANA CODE
332332 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
333333 7 UPON PASSAGE]: Sec. 5. (a) Each member of the house is entitled,
334334 8 when authorized by the speaker, to the legislative business per
335335 9 diem allowance for each day the member is engaged in official
336336 10 business. The speaker shall authorize the legislative business per
337337 11 diem allowance to be consistent with law and house rules.
338338 12 (b) Each member of the senate is entitled, when authorized by
339339 13 the president pro tempore, to the legislative business per diem
340340 14 allowance for every day the member is engaged in official business.
341341 15 The president pro tempore shall authorize the legislative business
342342 16 per diem allowance to be consistent with law and senate rules.
343343 17 (c) Each member of the general assembly is entitled, when
344344 18 authorized by the speaker or the president pro tempore, to the
345345 19 legislative business per diem allowance for every day the member
346346 20 is engaged in official business.
347347 21 (d) In addition to the legislative business per diem allowance,
348348 22 each member of the general assembly is entitled to receive the
349349 23 mileage allowance in an amount equal to the standard mileage
350350 24 rates for personally owned transportation equipment established
351351 25 by the federal Internal Revenue Service for each mile necessarily
352352 26 traveled from the member's usual place of residence to the state
353353 27 capitol. However, if the member traveled by a means other than by
354354 28 motor vehicle, and the member's usual place of residence is more
355355 29 than one hundred (100) miles from the state capitol, the member
356356 30 is entitled to reimbursement in an amount equal to the lowest air
357357 31 travel cost incurred in traveling from the usual place of residence
358358 32 to the state capitol. During the period the general assembly is
359359 33 convened in session, the mileage allowance is limited to one (1)
360360 34 round trip each week per member.
361361 35 (e) A member of the general assembly who is appointed by the
362362 36 governor, speaker, president or president pro tempore, house or
363363 37 senate minority floor leader, or legislative council to serve on any
364364 38 research, study, or survey committee or commission, or who
365365 39 attends any meetings authorized or convened under the auspices of
366366 40 the legislative council, including presession conferences and
367367 41 federal-state relations conferences, is entitled, when authorized by
368368 42 the legislative council, to receive the legislative business per diem
369369 2022(ss) IN 1015—LS 6050/DI 75 9
370370 1 allowance for each day the member is in actual attendance and is
371371 2 also entitled to the mileage allowance, at the rate specified in
372372 3 subsection (d), for each mile necessarily traveled from the
373373 4 member's usual place of residence to the state capitol, or other
374374 5 Indiana site of the committee, commission, or conference.
375375 6 (f) The legislative business per diem allowance and the mileage
376376 7 allowance permitted under this section shall be paid from the
377377 8 legislative council appropriation for legislator and lay member
378378 9 travel unless the member is attending an out-of-state meeting, as
379379 10 authorized by the speaker or the president pro tempore, in which
380380 11 case the member is entitled to receive both of the following:
381381 12 (1) The legislative business per diem allowance for each day
382382 13 the member is engaged in approved out-of-state travel.
383383 14 (2) Reimbursement for traveling expenses actually incurred
384384 15 in connection with the member's duties, as provided in the
385385 16 state travel policies and procedures established by the
386386 17 legislative council.
387387 18 SECTION 19. IC 2-3-1-6 IS ADDED TO THE INDIANA CODE
388388 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
389389 20 UPON PASSAGE]: Sec. 6. (a) This section applies only during the
390390 21 following times:
391391 22 (1) Each day the general assembly is in session as provided in
392392 23 IC 2-2.1-1 but is in recess for six (6) or more consecutive
393393 24 calendar days.
394394 25 (2) Except as provided in subsection (c), each day after the
395395 26 general assembly adjourns sine die in any calendar year.
396396 27 (b) Each member of the general assembly is entitled to the
397397 28 subsistence allowance for each day.
398398 29 (c) Notwithstanding subsection (a)(2), each member of the
399399 30 general assembly is entitled to the legislative business per diem
400400 31 allowance for each day:
401401 32 (1) that the general assembly is meeting in special session as
402402 33 described in IC 2-2.1-1-4; or
403403 34 (2) beginning on the day the general assembly has begun a
404404 35 new session under IC 2-2.1-1-2 or IC 2-2.1-1-3, except for any
405405 36 day that the general assembly is in recess for six (6) or more
406406 37 calendar days.
407407 38 (d) The subsistence allowance is payable from the
408408 39 appropriations for legislators' subsistence.
409409 40 SECTION 20. IC 2-3-1-7 IS ADDED TO THE INDIANA CODE
410410 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
411411 42 UPON PASSAGE]: Sec. 7. (a) Notwithstanding the provisions of
412412 2022(ss) IN 1015—LS 6050/DI 75 10
413413 1 this chapter or any other statute, the legislative council may adopt
414414 2 resolutions establishing travel policies and procedures that apply
415415 3 only to members of the general assembly or to the staffs of the
416416 4 house of representatives, senate, and legislative services agency, or
417417 5 both members and staffs.
418418 6 (b) The legislative council may apply the travel policies and
419419 7 procedures adopted under subsection (a) to lay members serving
420420 8 on research, study, or survey committees or commissions that are
421421 9 under the jurisdiction of the legislative council.
422422 10 (c) Notwithstanding any other law, rule, or policy, the state
423423 11 travel policies and procedures established by the Indiana
424424 12 department of administration and approved by the budget agency
425425 13 do not apply to members of the general assembly, to the staffs of
426426 14 the house of representatives, senate, or legislative services agency,
427427 15 or to lay members serving on research, study, or survey
428428 16 committees or commissions under the jurisdiction of the legislative
429429 17 council (if the legislative council applies its travel policies and
430430 18 procedures to lay members under the authority of this section).
431431 19 (d) If the legislative council has not adopted travel policies and
432432 20 procedures as provided in this section, the state travel policies and
433433 21 procedures established by the Indiana department of
434434 22 administration and approved by the budget agency apply to
435435 23 members of the general assembly, to the staffs of the house of
436436 24 representatives, senate, and legislative services agency, and to lay
437437 25 members serving on research, study, or survey committees or
438438 26 commissions under the jurisdiction of the legislative council.
439439 27 (e) The executive director of the legislative services agency is
440440 28 responsible for the administration of travel policies and procedures
441441 29 adopted by the legislative council. The auditor of state shall
442442 30 approve and process claims for reimbursement of travel related
443443 31 expenses under this subsection based upon the written affirmation
444444 32 of the speaker, the president pro tempore, or the executive director
445445 33 of the legislative services agency that those claims comply with the
446446 34 travel policies and procedures adopted by the legislative council.
447447 35 SECTION 21. IC 2-5-1.1-5, AS AMENDED BY P.L.64-2021,
448448 36 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
449449 37 UPON PASSAGE]: Sec. 5. (a) The council may do any of the
450450 38 following:
451451 39 (1) On its own initiative or at the direction of the general
452452 40 assembly or of the senate or house of representatives, study
453453 41 subjects of interest and concern, and based on such a study,
454454 42 recommend such legislation as the welfare of the state may
455455 2022(ss) IN 1015—LS 6050/DI 75 11
456456 1 require.
457457 2 (2) Direct standing committees of the senate or house of
458458 3 representatives, or appoint committees and subcommittees subject
459459 4 to the authority of the council, to carry out studies on subjects of
460460 5 interest and concern.
461461 6 (3) Recommend such codification and general revision of the
462462 7 constitution and the laws of the state as may from time to time be
463463 8 necessary.
464464 9 (4) Require any officer or agency, board, commission, committee
465465 10 or other instrumentality of the state or of a political subdivision of
466466 11 the state to provide information bearing on subjects under
467467 12 consideration by the council or by standing committee or any of
468468 13 its committees or subcommittees.
469469 14 (5) By an affirmative vote of two-thirds (2/3) of its members
470470 15 present and voting:
471471 16 (A) administer oaths, issue subpoenas, compel the attendance
472472 17 of witnesses and the production of papers, books, accounts,
473473 18 documents and testimony and have the deposition of witnesses
474474 19 taken in the manner prescribed by law for taking depositions
475475 20 in civil actions bearing on subjects under consideration by the
476476 21 council or by any of its committees or subcommittees; and
477477 22 (B) petition, through the presiding officer of the council, any
478478 23 circuit court, superior court, or probate court of the appropriate
479479 24 county for an order for compliance with any order or
480480 25 subpoenas issued under this section.
481481 26 (6) Adopt such rules and procedures and organize such agencies
482482 27 as may be necessary or appropriate to carry out its duties.
483483 28 (7) Receive appropriations and make allocations for the
484484 29 reasonable and necessary expenditures of the council and the
485485 30 standing and interim committees of the house of representatives,
486486 31 senate and general assembly.
487487 32 (8) Enter into whatever contracts or other arrangements deemed
488488 33 by it to be necessary or appropriate to exercising its rights,
489489 34 privileges, and powers and performing its duties under this
490490 35 chapter and IC 2-6-1.5 and to carrying out the intent, purposes,
491491 36 and provisions of this chapter and IC 2-6-1.5.
492492 37 (9) Initiate sessions of the general assembly under IC 2-2.1-1.2.
493493 38 (10) (9) Do all other things necessary and proper to perform the
494494 39 functions of the legislative department of government and to carry
495495 40 out the intent, purposes and provisions of this chapter.
496496 41 (b) The council may authorize its executive director to act on its
497497 42 behalf and with its authority on any matter of administration under this
498498 2022(ss) IN 1015—LS 6050/DI 75 12
499499 1 chapter and under IC 2-6-1.5, including executing and implementing
500500 2 any contract or other arrangement under which it agrees to be bound.
501501 3 SECTION 22. IC 3-9-2-12, AS AMENDED BY P.L.133-2021,
502502 4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
503503 5 UPON PASSAGE]: Sec. 12. (a) This section does not apply to:
504504 6 (1) a member of the general assembly; or
505505 7 (2) a candidate's committee of a member of the general assembly;
506506 8 with respect to an office other than a legislative office or a state office
507507 9 to which the member seeks election.
508508 10 (b) As used in this section, "affected person" refers to any of the
509509 11 following:
510510 12 (1) An individual who holds a legislative office.
511511 13 (2) A candidate for a legislative office.
512512 14 (3) An individual who holds a state office.
513513 15 (4) A candidate for a state office.
514514 16 (c) As used in this section, "prohibited period" means the period:
515515 17 (1) beginning on the day in January in each odd-numbered year
516516 18 the general assembly reconvenes under IC 2-2.1-1-2; and
517517 19 (2) through either of the following:
518518 20 (A) April 29 in calendar year 2021.
519519 21 (B) The day the general assembly adjourns sine die under
520520 22 IC 2-2.1-1-2 in an odd-numbered year beginning after
521521 23 December 31, 2022. the date the budget bill (as defined in
522522 24 IC 4-12-1-2(e)) for the following budget period (as defined
523523 25 by IC 4-12-1-2(g)) enacted by the general assembly is
524524 26 approved by the governor.
525525 27 (d) During the prohibited period, an affected person, an affected
526526 28 person's candidate's committee, and a legislative caucus committee may
527527 29 not do any of the following:
528528 30 (1) Solicit campaign contributions.
529529 31 (2) Accept campaign contributions.
530530 32 (3) Conduct other fundraising activities. This subdivision does not
531531 33 prohibit an affected person from participating in party activities
532532 34 conducted by a regular party committee.
533533 35 SECTION 23. IC 4-12-18-5, AS AMENDED BY P.L.174-2022,
534534 36 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
535535 37 UPON PASSAGE]: Sec. 5. Discretionary funds deposited into an
536536 38 economic stimulus fund during a period in which the general assembly
537537 39 is convened in a regular session an emergency session under
538538 40 IC 2-2.1-1.2, or a special session may not be allotted or expended
539539 41 unless appropriated by the general assembly or reviewed by the budget
540540 42 committee. Appropriations made by the general assembly do not revert
541541 2022(ss) IN 1015—LS 6050/DI 75 13
542542 1 until the end of the biennium in which they are appropriated.
543543 2 SECTION 24. IC 4-12-18-6, AS AMENDED BY P.L.174-2022,
544544 3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
545545 4 UPON PASSAGE]: Sec. 6. Before discretionary funds deposited into
546546 5 an economic stimulus fund during a period in which the general
547547 6 assembly is not convened in a regular session an emergency session
548548 7 under IC 2-2.1-1.2, or a special session may be allotted to or expended
549549 8 by a state agency or instrumentality, the allotment or expenditure must
550550 9 be reviewed by the budget committee. Money is considered
551551 10 continuously appropriated for the period of the federal award after
552552 11 budget committee review.
553553 12 SECTION 25. IC 34-6-2-137 IS REPEALED [EFFECTIVE UPON
554554 13 PASSAGE]. Sec. 137. "Session of the general assembly", for purposes
555555 14 of IC 34-13-1-6, does not include a regular technical session.
556556 15 SECTION 26. An emergency is declared for this act.
557557 2022(ss) IN 1015—LS 6050/DI 75