First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 450
AN ACT to amend the Indiana Code concerning the general
assembly.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-8.2-2-2, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. "Alternate delegate" commissioner" refers to
an individual appointed as an alternate delegate commissioner as
provided by law.
SECTION 2. IC 2-8.2-2-5, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. "Delegate" "Commissioner" refers to an
individual appointed as provided by law to represent Indiana at an
Article V convention.
SECTION 3. IC 2-8.2-2-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5.5. "Crime of moral turpitude" means the following:
(1) A crime of violence as defined in IC 35-50-1-2.
(2) A sex offense as defined in IC 11-8-8-5.2.
(3) A crime involving fraud or a false statement.
SECTION 4. IC 2-8.2-2-7, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. "Paired delegate" commissioner" refers to the
delegate commissioner with whom an alternate delegate
commissioner is paired as provided by law.
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SECTION 5. IC 2-8.2-3-1, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) An individual must satisfy the following to
be appointed as a delegate commissioner to an Article V convention:
(1) The individual must reside in Indiana and have resided in
Indiana continuously for the past five (5) years.
(2) The individual must be a registered voter in Indiana.
(3) The individual must be at least eighteen (18) years of age.
(4) The individual:
(A) is not currently registered or required to be registered as
a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2 U.S.C. 1603,
or rules or regulations adopted under any of these laws; or
(B) has not been registered or required to be registered as
a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2 U.S.C. 1603,
or rules or regulations adopted under any of these laws
within the past five (5) years.
(5) The individual has not:
(A) been convicted of a crime of moral turpitude; or
(B) served any part of a felony sentence within the past ten
(10) years;
under the laws of any state or the United States.
(b) An individual may not be appointed as a delegate commissioner
if the individual holds a federal office.
SECTION 6. IC 2-8.2-3-2, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. An individual appointed as an alternate
delegate commissioner must have the same qualifications as an
individual appointed as a delegate commissioner under section 1 of
this chapter.
SECTION 7. IC 2-8.2-3-3, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) Whenever an Article V convention is called,
the general assembly shall appoint
(1) the number of delegates commissioners allocated to represent
Indiana and
(2) an equal number of alternate delegates;
under rules adopted jointly by the house of representatives and the
senate. Unless established otherwise by the rules and procedures of an
Article V convention, it shall be assumed that Indiana has two (2)
delegates three (3) commissioners and two three (2) (3) alternate
delegates commissioners designated to represent Indiana.
(b) If the general assembly is not in session during the time during
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which delegates commissioners to an Article V convention must be
appointed, the governor shall call the general assembly into special
session under Article 4, Section 9 of the Constitution of the State of
Indiana for the purpose of appointing delegates commissioners and
alternate delegates. commissioners.
SECTION 8. IC 2-8.2-3-4, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) To be appointed a delegate commissioner
or an alternate delegate, commissioner, an individual must receive, in
each chamber, the vote of a majority of all the members elected to that
chamber.
(b) At the time of appointment, each alternate delegate
commissioner must be paired with a delegate commissioner as
provided in a joint resolution adopted by the general assembly.
SECTION 9. IC 2-8.2-3-5, AS AMENDED BY P.L.205-2013,
SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The general assembly may recall any
delegate commissioner or alternate delegate commissioner and
replace that delegate commissioner or alternate delegate
commissioner with an individual appointed under this article at any
time.
(b) The general assembly may fill a vacancy in the office of delegate
commissioner or alternate delegate commissioner with an individual
appointed under this article at any time. If the general assembly is not
in session during a time in which a vacancy has occurred with respect
to both a delegate commissioner and the paired alternate delegate
commissioner of a delegate, commissioner, the governor shall call the
general assembly into special session under Article 4, Section 9 of the
Constitution of the State of Indiana for the purpose of appointing a
delegate commissioner and an alternate delegate commissioner to fill
the vacancies.
SECTION 10. IC 2-8.2-3-6, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. The general assembly shall appoint or recall
delegates commissioners or alternate delegates commissioners by
joint resolution.
SECTION 11. IC 2-8.2-3-7, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A delegate commissioner or an alternate
delegate commissioner is:
(1) entitled to receive the same mileage and travel allowances
paid to individuals who serve as legislative members of interim
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study committees established by the legislative council; and
(2) not entitled to receive a salary or a per diem instead of salary
for serving as a delegate commissioner or alternate delegate.
commissioner.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, the position of delegate commissioner or alternate
delegate commissioner is not a lucrative office.
(c) All funds necessary to pay expenses under subsection (a) shall
be paid from appropriations to the legislative council and the
legislative services agency.
SECTION 12. IC 2-8.2-3-8, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. Each delegate commissioner and alternate
delegate commissioner shall, after appointment and before the
delegate commissioner or alternate delegate commissioner may
exercise any function as delegate commissioner or alternate delegate,
commissioner, execute an oath in writing that the delegate
commissioner or alternate delegate commissioner will:
(1) support the Constitution of the United States and the
Constitution of the State of Indiana;
(2) faithfully abide by and execute any instructions to delegates
commissioners and alternate delegates commissioners adopted
by the general assembly and as may be amended by the general
assembly at any time; and
(3) otherwise faithfully discharge the duties of delegate
commissioner or alternate delegate. commissioner.
SECTION 13. IC 2-8.2-3-9, AS ADDED BY P.L.183-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. (a) A delegate's commissioner's or alternate
delegate's commissioner's executed oath shall be filed with the
secretary of state.
(b) After a delegate's commissioner's or alternate delegate's
commissioner's oath is filed with the secretary of state, the governor
shall issue a commission to the delegate commissioner or alternate
delegate commissioner as provided in IC 4-3-1-5(2).
SECTION 14. IC 2-8.2-3-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 10. (a) The commissioners shall select one (1)
commissioner to be the chair at the Article V convention. The
commissioner selected to be the chair shall do the following:
(1) Cast a vote for Indiana at the Article V convention.
(2) Communicate with the media on behalf of the
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commissioners and alternate commissioners.
(b) The commissioners may remove the chair and select a new
chair at any time.
SECTION 15. IC 2-8.2-3-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 11. (a) As used in this section, "gratuity" means
anything of value. However, the term does not include:
(1) a good or service having a value of less than two hundred
dollars ($200);
(2) an item that is primarily ceremonial or commemorative,
such as a plaque, trophy, certificate, framed photo, or similar
item;
(3) political contributions subject to IC 3-9-2 that are
reported in accordance with applicable law; or
(4) salary, wages, a bonus, or other form of work related
compensation that the commissioner or alternate
commissioner is legally authorized to receive.
(b) A commissioner or an alternate commissioner may not
accept a gratuity while serving as a commissioner or an alternate
commissioner.
SECTION 16. IC 2-8.2-4-1, AS ADDED BY P.L.205-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) At the time delegates commissioners and
alternate delegates commissioners are appointed, the general assembly
shall adopt a joint resolution to provide instructions to the delegates
commissioners and alternate delegates commissioners regarding the
following:
(1) The rules of procedure.
(2) Any other matter relating to the Article V convention that the
general assembly considers necessary.
(b) The joint resolution adopted under this section must include
instructions that a commissioner may not vote in favor of a
proposed amendment that would alter the text of the specific
guarantees of individual liberty established in any of the following:
(1) Articles 1 through 7 of the Constitution of the United
States.
(2) The Bill of Rights of the Constitution of the United States.
(3) The following amendments to the Constitution of the
United States:
(A) Thirteenth.
(B) Fourteenth.
(C) Fifteenth.
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(D) Nineteenth.
(E) Twenty-third.
(F) Twenty-fourth.
(G) Twenty-sixth.
(b) (c) The general assembly may amend the instructions at any time
by joint resolution.
SECTION 17. IC 2-8.2-4-2, AS ADDED BY P.L.205-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. An alternate delegate: commissioner:
(1) shall act in the place of the alternate delegate's
commissioner's paired delegate commissioner when the
alternate delegate's commissioner's paired delegate
commissioner is absent from the Article V convention; and
(2) replaces the alternate delegate's commissioner's paired
delegate commissioner if the alternate delegate's commissioner's
paired delegate commissioner vacates the office.
SECTION 18. IC 2-8.2-4-3, AS ADDED BY P.L.205-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. A vote cast by a delegate commissioner or an
alternate delegate commissioner at an Article V convention that is
outside the scope of:
(1) the instructions established by a joint resolution adopted under
section 1 of this chapter; or
(2) the limits placed by the general assembly in a joint resolution
that calls for an Article V convention for the purpose of proposing
amendments to the Constitution of the United States on the
subjects and amendments that may be considered by the Article
V convention;
is void.
SECTION 19. IC 2-8.2-4-4, AS ADDED BY P.L.205-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A delegate commissioner or alternate
delegate commissioner who votes or attempts to vote outside the scope
of:
(1) the instructions established by a joint resolution adopted under
section 1 of this chapter; or
(2) the limits placed by the general assembly in a joint resolution
that calls for an Article V convention for the purpose of proposing
amendments to the Constitution of the United States on the
subjects and amendments that may be considered by the Article
V convention;
forfeits the delegate's commissioner's or alternate delegate's
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commissioner's appointment by virtue of that vote or attempt to vote.
(b) If a delegate commissioner forfeits appointment under
subsection (a), the paired alternate delegate commissioner of the
delegate commissioner becomes the delegate commissioner at the
time the forfeiture of the appointment occurs.
SECTION 20. IC 2-8.2-4-5, AS ADDED BY P.L.205-2013,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. The application of the general assembly to call
an Article V convention for proposing amendments to the Constitution
of the United States ceases to be a continuing application and shall be
treated as having no effect if all of the delegates commissioners and
alternate delegates commissioners vote or attempt to vote outside the
scope of:
(1) the instructions established by a joint resolution adopted under
section 1 of this chapter; or
(2) the limits placed by the general assembly in a joint resolution
that calls for an Article V convention for the purpose of proposing
amendments to the Constitution of the United States on the
subjects and amendments that may be considered by the Article
V convention.
SECTION 21. IC 2-8.2-4-6, AS AMENDED BY P.L.168-2014,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. A delegate commissioner or alternate delegate
commissioner who knowingly or intentionally votes or attempts to vote
outside the scope of:
(1) the instructions established by a joint resolution adopted under
section 1 of this chapter; or
(2) the limits placed by the general assembly in a joint resolution
that calls for an Article V convention for the purpose of proposing
amendments to the Constitution of the United States on the
subjects and amendments that may be considered by the Article
V convention;
commits a Level 6 felony.
SECTION 22. IC 2-8.2-5-1, AS ADDED BY P.L.205-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. As used in this chapter, "advisory group" refers
to the Article V convention delegate commissioner advisory group
established by section 2 of this chapter.
SECTION 23. IC 2-8.2-5-2, AS ADDED BY P.L.205-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The Article V convention delegate
commissioner advisory group is established.
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SECTION 24. IC 2-8.2-5-7, AS ADDED BY P.L.205-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) Upon request of a delegate commissioner
or alternate delegate, commissioner, the advisory group shall advise
the delegate commissioner or alternate delegate commissioner
whether there is reason to believe that an action or an attempt to take
an action by a delegate commissioner or alternate delegate
commissioner would:
(1) violate the instructions established by a joint resolution
adopted under IC 2-8.2-4-1; or
(2) exceed the limits placed by the general assembly in a joint
resolution that calls for an Article V convention for the purpose
of proposing amendments to the Constitution of the United States
on the subjects and amendments that may be considered by the
Article V convention.
(b) The advisory group may render an advisory determination under
this section in any summary manner considered appropriate by the
advisory group.
(c) The advisory group shall render an advisory determination under
this section within twenty-four (24) hours after receiving a request for
a determination.
(d) The advisory group shall transmit a copy of an advisory
determination under this section in the most expeditious manner
possible to the delegate commissioner or alternative delegate
commissioner who requested the advisory determination.
(e) If the advisory group renders an advisory determination under
this section, the advisory group may also take an action permitted under
section 8 of this chapter.
SECTION 25. IC 2-8.2-5-8, AS ADDED BY P.L.205-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) On its own motion or upon request of the
speaker of the house of representatives, the president pro tempore of
the senate, or the attorney general, the advisory group shall advise the
attorney general whether there is reason to believe that a vote or an
attempt to vote by a delegate commissioner or alternate delegate
commissioner has:
(1) violated the instructions established by a joint resolution
adopted under IC 2-8.2-4-1; or
(2) exceeded the limits placed by the general assembly in a joint
resolution that calls for an Article V convention for the purpose
of proposing amendments to the Constitution of the United States
on the subjects and amendments that may be considered by the
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Article V convention.
(b) The advisory group shall issue the advisory determination under
this section by one (1) of the following summary procedures:
(1) Without notice or an evidentiary proceeding.
(2) After a hearing conducted by the advisory group.
(c) The advisory group shall render an advisory determination under
this section within twenty-four (24) hours after receiving a request for
an advisory determination.
(d) The advisory group shall transmit a copy of an advisory
determination under this section in the most expeditious manner
possible to the attorney general.
SECTION 26. IC 2-8.2-5-9, AS ADDED BY P.L.205-2013,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 9. Immediately, upon receipt of an advisory
determination under section 8 of this chapter that finds that a vote or
attempt to vote by a delegate commissioner or alternate delegate
commissioner is a violation described in section 8(a)(1) of this chapter
or in excess of the authority of the delegate commissioner or alternate
delegate, commissioner, as described in section 8(a)(2) of this chapter,
the attorney general shall inform the delegates, commissioners,
alternate delegates, commissioners, the speaker of the house of
representatives, the president pro tempore of the senate, and the Article
V convention that:
(1) the vote or attempt to vote did not comply with Indiana law,
is void, and has no effect; and
(2) the credentials of the delegate commissioner or alternate
delegate commissioner who is the subject of the determination
are revoked.
SECTION 27. IC 4-6-2-1.1, AS AMENDED BY P.L.205-2013,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1.1. The attorney general has concurrent
jurisdiction with the prosecuting attorney in the prosecution of the
following:
(1) Actions in which a person is accused of committing, while a
member of an unlawful assembly as defined in IC 35-45-1-1, a
homicide (IC 35-42-1).
(2) Actions in which a person is accused of assisting a criminal
(IC 35-44.1-2-5), if the person alleged to have been assisted is a
person described in subdivision (1).
(3) Actions in which a sheriff is accused of any offense that
involves a failure to protect the life of a prisoner in the sheriff's
custody.
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(4) Actions in which a violation of IC 2-8.2-4-6 (concerning
constitutional convention delegates) commissioners) has
occurred.
SECTION 28. IC 35-52-2-5, AS ADDED BY P.L.169-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. IC 2-8.2-4-6 defines a crime concerning
constitutional convention delegates. commissioners.
SEA 450 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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