CHAPTER 1.1. LEGISLATIVE COUNCIL
IC 2-5-1.1
Chapter 1.1. Legislative Council
IC 2-5-1.1-1
Creation; membership
Sec. 1. There is hereby created a legislative council which shallbe composed of sixteen (16) members of the general assembly asfollows:
(a) From the senate: The president pro tempore, the minorityleader, the majority caucus chairman, the minority caucus chairman,three (3) members appointed by the president pro tempore, and one(1) member appointed by the minority leader.
(b) From the house of representatives: The speaker of the house,the majority leader, the minority leader, the majority caucuschairman, the minority caucus chairman, two (2) members appointedby the speaker, and one (1) member appointed by the minority leader.
(c) The president of the senate may serve as an ex officionon-voting member of the council.
(d) The members of the council who serve by virtue of their officeshall serve until their successors are selected.
(e) The appointed members shall serve from the date of theirappointment until the next general election at which they run forreelection, or until the convening of the first regular session of thenext general assembly, whichever is first to occur. The president protempore, speaker, and minority leaders shall appoint their membersnot later than five (5) days after the close of a first regular session ofa general assembly.
As added by Acts 1978, P.L.5, SEC.1.
IC 2-5-1.1-2
Chairman and vice-chairman
Sec. 2. (a) The president pro tempore shall be chairman of thecouncil beginning January 1 of odd-numbered years andvice-chairman beginning January 1 of even-numbered years.
(b) The speaker shall be chairman of the council beginningJanuary 1 of even-numbered years and vice-chairman beginningJanuary 1 of odd-numbered years.
As added by Acts 1978, P.L.5, SEC.1.
IC 2-5-1.1-3
Vacancies
Sec. 3. (a) The chairman shall fill any vacancy on the council ina position held by virtue of office. The person appointed shall befrom the same house and party as the person whose position wasvacated. In filling the vacancy, the chairman shall accept therecommendation of the ranking member on the council from thehouse and party affected. The replacement shall serve until hissuccessor has been selected.
(b) Any vacancy in a position held by appointment shall be filledby the council member making the original appointment.As added by Acts 1978, P.L.5, SEC.1.
IC 2-5-1.1-4
Meetings; per diem and expenses; quorum
Sec. 4. (a) The council shall meet at the call of the chairman, andwhere he designates. Meetings of the council may also be calledupon the written request of any seven (7) members and uponforty-eight (48) hours notice to the members of the council.
(b) The members of the council are entitled to receive the perdiem of members of the general assembly for time spent inattendance at the meetings of such council. The members of thecouncil are also entitled to be reimbursed for actual necessaryexpenses incurred while attending such meetings. Per diem andexpenses of council members shall be paid from the appropriation ofthe council upon approval by the chairman.
(c) A majority of the entire membership of the council shallconstitute a quorum. No action of the council shall be valid unlessapproved by at least nine (9) members.
(d) When the general assembly is in regular session, those personswho are members of the council by virtue of their office constitutea quorum of the council and may continue to exercise all rights,privileges, and powers, and to perform all duties of the council untiltheir successors are appointed.
As added by Acts 1978, P.L.5, SEC.1.
IC 2-5-1.1-5
Powers of council
Sec. 5. (a) The council may:
(1) on its own initiative or at the direction of the generalassembly or of the senate or house of representatives, studysubjects of interest and concern, and based on such a study,recommend such legislation as the welfare of the state mayrequire;
(2) direct standing committees of the senate or house ofrepresentatives, or appoint committees and subcommitteessubject to the authority of the council, to carry out studies onsubjects of interest and concern;
(3) recommend such codification and general revision of theconstitution and the laws of the state as may from time to timebe necessary;
(4) require any officer or agency, board, commission,committee or other instrumentality of the state or of a politicalsubdivision of the state to provide information bearing onsubjects under consideration by the council or by standingcommittee or any of its committees or subcommittees;
(5) by an affirmative vote of two-thirds (2/3) of its memberspresent and voting:
(A) administer oaths, issue subpoenas, compel the attendanceof witnesses and the production of papers, books, accounts,documents and testimony and have the deposition of witnesses
taken in the manner prescribed by law for taking depositions incivil actions bearing on subjects under consideration by thecouncil or by any of its committees or subcommittees;
(B) petition, through the presiding officer of the council, anycircuit court of the appropriate county for an order forcompliance with any order or subpoenas issued under thissection;
(6) adopt such rules and procedures and organize such agenciesas may be necessary or appropriate to carry out its duties;
(7) receive appropriations and make allocations for thereasonable and necessary expenditures of the council and thestanding and interim committees of the house ofrepresentatives, senate and general assembly;
(8) enter into whatever contracts or other arrangements deemedby it to be necessary or appropriate to exercising its rights,privileges, and powers and performing its duties under thischapter and IC 2-6-1.5 and to carrying out the intent, purposes,and provisions of this chapter and IC 2-6-1.5; and
(9) do all other things necessary and proper to perform thefunctions of the legislative department of government and tocarry out the intent, purposes and provisions of this chapter.
(b) The council may authorize its executive director to act on itsbehalf and with its authority on any matter of administration underthis chapter and under IC 2-6-1.5, including executing andimplementing any contract or other arrangement under which itagrees to be bound.
As added by Acts 1978, P.L.5, SEC.1.
IC 2-5-1.1-6
Duties of council
Sec. 6. The council shall:
(1) coordinate and assist the work of standing or interimcommittees, subcommittees or commissions appointed by thecouncil or at the direction of the general assembly or of thesenate or house of representatives;
(2) review the operations, budgetary practices and expendituresof all state agencies, including departments, boards, offices,commissions and political subdivisions;
(3) recommend such changes in the rules and procedures of thesenate and house of representatives as may advance theconsideration of legislation by the general assembly;
(4) work with the standing and interim committees,subcommittees and commissions of the general assembly or ofthe senate or house of representatives to assure efficientutilization of legislative services agency employees;
(5) publish such records, schedules, indexes and reports as thegeneral assembly may require;
(6) arrange and contract for the printing of bills, enrolled acts,session laws, journals, the Indiana Code and supplements to theIndiana Code, the Indiana Administrative Code and
supplements to the Indiana Administrative Code, the IndianaRegister, and the miscellaneous printing needs, supplies andequipment of the council, legislative services agency, and thegeneral assembly;
(7) provide adequate quarters and office space for all legislativeactivities;
(8) serve as the policy-making board for, and in generalsupervise the operation of, all staff services of the legislativeservices agency whether the general assembly is in or out ofsession;
(9) submit a report of its activities to the general assembly in anelectronic format under IC 5-14-6 and to the governor; and
(10) do all other things necessary and proper to perform thefunctions of the legislative department.
As added by Acts 1978, P.L.5, SEC.1. Amended by P.L.28-2004,SEC.1.
IC 2-5-1.1-6.5
Annual report format
Sec. 6.5. (a) The council shall, upon consultation with thegovernor's office, develop an annual report format taking intoconsideration, among other things, program budgeting, with the finalformat to be determined by the council. The format may bedistributed to any agency (as defined in IC 2-5-21-1). The agencyshall complete and return a copy in an electronic format underIC 5-14-6 to the legislative council before September 1 of each yearfor the preceding fiscal year.
(b) The council shall distribute one (1) copy to the governor'soffice, one (1) copy to the budget agency, and three (3) copies to thestate library.
(c) The reports are a public record and are open to inspection.
As added by Acts 1978, P.L.6, SEC.35. Amended by P.L.3-1990,SEC.5; P.L.11-1993, SEC.1; P.L.28-2004, SEC.2.
IC 2-5-1.1-7
Legislative services agency
Sec. 7. (a) The council shall maintain a bipartisan service andadministrative agency for the general assembly to assist it in theperformance of its constitutional responsibilities as a separate andindependent legislative branch of state government. The service andadministrative agency shall be known as the "Legislative ServicesAgency."
(b) In maintaining the legislative services agency the councilshall:
(1) establish the qualifications for and employ such personnelas are required to carry out the purposes and provisions of thischapter;
(2) employ an executive director, to be charged with theadministrative responsibility of all offices, departments, ordivisions which the council may from time to time establish,
and to serve as chief executive under the council;
(3) adopt rules and regulations governing personnel practicesand establishing the rights, privileges, powers, and duties of allemployees;
(4) provide for employees to be covered by the publicemployees' retirement fund; and
(5) establish a pay scale for all employees including theexecutive director.
Rules and regulations adopted by the council under subdivision (3)are not subject to IC 4-22-2. In those rules and regulations, thecouncil may limit the political activity of legislative services agencyemployees.
(c) The executive director is entitled to serve as long as heproperly performs his duties, but he may be removed at any timeupon the affirmative vote of twelve (12) members of the council.
(d) The executive director may submit to the council such reportsand drafts of resolutions, budgets, and appropriation bills as may berequired for the efficient operation of the council's activities andprograms.
(e) The legislative services agency shall perform such billdrafting, research, code revision, fiscal, budgetary, and managementanalysis, information, administrative, and other services as arerequested by the council.
As added by Acts 1978, P.L.5, SEC.1. Amended by Acts 1982, P.L.7,SEC.1.
IC 2-5-1.1-7.5
Electronic geographic information system
Sec. 7.5. (a) For purposes of IC 5-14-3-4(b)(13), the work productof the legislative services agency includes an electronic geographicinformation system produced from data:
(1) gathered by the legislative services agency; and
(2) processed using proprietary software that has been licensedto the legislative services agency.
(b) This subsection applies to a public agency (as defined byIC 5-14-3-2) with access to the information described by subsection(a). A paper copy of a map that can be printed using the geographicinformation system described in subsection (a) must be available toany person under rules approved by the legislative council.Electronic copies of the information are available only under rulesapproved by the legislative council.
As added by P.L.251-1999, SEC.1.
IC 2-5-1.1-8
Reports to council by bodies performing official legislative business
Sec. 8. (a) All boards, commissions, and committees performingofficial legislative business between the regular sessions of thegeneral assembly may be required to submit to the council progressreports and a final report. Such reports shall contain such informationas the council may require and must be in an electronic format under
IC 5-14-6.
(b) The budget committee of the state budget agency shall, uponrequest of the council, report to the council in an electronic formatunder IC 5-14-6 on the progress of its activities including an estimateof the revenues, an estimate of the surplus of revenues overexpenditures, a report of current and projected expenditures and anyother data which will enhance an understanding of the fiscal affairsof the state.
As added by Acts 1978, P.L.5, SEC.1. Amended by P.L.28-2004,SEC.3.
IC 2-5-1.1-9
Repealed
(Repealed by P.L.3-1983, SEC.5.)
IC 2-5-1.1-10
Indiana code revision commission; establishment; advisoryfunction
Sec. 10. (a) The Indiana code revision commission is established.The commission shall function as an advisory body to the legislativecouncil. In that capacity, the commission shall:
(1) assist the council in supervising the compilation,computerization, indexing, and printing of the Indiana Code;
(2) assist the council in developing standards for thecodification and revision of statutes to make those statutesclear, concise, and easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with thepublication of the Indiana Register and in the compilation,computerization, indexing, and printing of the IndianaAdministrative Code;
(4) assist the council, as required by IC 4-22-2-42, indeveloping and revising standards, techniques, format, andnumbering system to be used in drafting rules for promulgation;
(5) assist the council in developing and revising standards,techniques, and format to be used when preparing legislationfor consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to thecommission by the council.
(b) The commission consists of the following members:
(1) Four (4) members of the house of representatives, not morethan two (2) of whom are members of the same political party,to be appointed by the speaker of the house of representatives.
(2) Four (4) members of the senate, not more than two (2) ofwhom are members of the same political party, to be appointedby the president pro tempore of the senate.
(3) The chief justice of Indiana or his designee.
(4) The chief judge of the Indiana court of appeals or hisdesignee.
(5) The Indiana attorney general or his designee.
(6) An attorney admitted to the practice of law before the
Indiana supreme court selected by the chairman of the council.
(7) A present or former professor of law selected by thechairman of the council.
(8) The Indiana secretary of state or his designee.
(9) An individual appointed by the governor.
Appointive members of the commission shall be appointed to servea term of two (2) years or until their successors are appointed andqualified.
(c) The chairman of the commission shall be selected by thecommission from among its legislative members.
(d) Commission members serve without compensation other thanper diem and travel allowance as authorized for legislative studycommittees.
(e) The commission shall meet as often as is necessary to properlyperform its duties.
(f) The council may direct the legislative services agency toprovide such clerical, research, and administrative personnel andother assistance as the council considers necessary to enable thecommission to properly perform its duties.
(g) Subject to the authorization of the council, the expensesincurred by the commission in performing its duties shall be paidfrom the funds appropriated to the council.
As added by Acts 1981, P.L.8, SEC.1. Amended by P.L.31-1985,SEC.37.
IC 2-5-1.1-11
Examination of state board of accounts
Sec. 11. The legislative council may examine the accounts,financial affairs, or performance of the state board of accounts. Theexamination is governed by IC 5-11. This examination may includea followup financial examination of a sample of those examined bythe state board of accounts.
As added by P.L.3-1986, SEC.1.
IC 2-5-1.1-12
Repealed
(Repealed by P.L.1-2002, SEC.170.)
IC 2-5-1.1-12.1
Video or audio coverage of legislative sessions and activities
Sec. 12.1. The legislative council may contract with the office oftechnology established by IC 4-13.1-2-1 or another public or privateperson to provide video or audio coverage, or both, over the Internetor another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislativecouncil.
As added by P.L.1-2002, SEC.1. Amended by P.L.177-2005, SEC.1.
IC 2-5-1.1-12.2
Legislative services agency; office of census data
Sec. 12.2. (a) The definitions in IC 1-1-3.5 and IC 3-5-2 applythroughout this section.
(b) As used in this section, "committee" refers to the census dataadvisory committee established by IC 2-5-19-2.
(c) As used in this section, "council" refers to the legislativecouncil established by section 1 of this chapter.
(d) As used in this section, "GIS" refers to the geographicinformation system that the office is required to establish andmaintain under subsection (g)(9).
(e) As used in this section, "office" refers to the office of censusdata established by subsection (f).
(f) The office of census data is established within the legislativeservices agency. Appointment of staff members of the office issubject to the approval of the legislative council.
(g) The office shall do the following:
(1) Advise and assist the Bureau of the Census and thecommittee in defining the boundaries of census blocks inIndiana.
(2) Advise and assist the committee in coordinating the state'sefforts to obtain an accurate population count in each federaldecennial census.
(3) Work with other state and federal agencies to assist in theCensus Bureau's local review program conducted in Indiana.
(4) Participate in national associations of state governments toobtain information regarding census count activities conductedby other states.
(5) Advise and assist the committee in the preparation andorganization of decennial census data for use in congressionaland state legislative redistricting.
(6) Work with political subdivisions following each decennialcensus to provide information and assistance concerning specialcensuses, special tabulations, and corrected population counts.
(7) Work with the election division, state agencies, and politicalsubdivisions to maintain accurate information concerning theboundaries of precincts and political subdivisions.
(8) Provide technical assistance to counties, the electioncommission, and the election division to comply with Indianalaw concerning establishing a precinct (as defined inIC 3-11-1.5-1).
(9) Establish and maintain a geographic information system thatcontains the boundaries of all precincts, legislative districts, andcongressional districts. The geographic information system maycontain other boundaries and information as determined by theexecutive director of the legislative services agency or asrequired by the council.
(10) Perform other census and mapping research as determinedby the executive director of the legislative services agency or asrequired by the council. (h) The office shall provide the election division a networkconnection to the GIS. The network connection must do thefollowing:
(1) Provide the election division with read access to the GIS.
(2) Enable the election division to download any information,including maps, contained in the GIS.
(i) The election division is the agency through which publicaccess to information contained in the GIS shall be provided.
As added by P.L.1-2002, SEC.2.
IC 2-5-1.1-13
Use of Internet coverage for commercial purpose
Sec. 13. (a) A person may use all or a part of audio or videocoverage provided under section 12.1 of this chapter for acommercial purpose intended to result in a profit or other tangiblebenefit to any person only if:
(1) the legislative council gives its permission for the person'scommercial use; and
(2) the person:
(A) uses the audio or video coverage only for educational orpublic affairs programming, including news programming,that does not also constitute a use prohibited under section14 of this chapter; or
(B) transmits to paid subscribers an unedited feed of theaudio or visual coverage.
(b) The legislative council shall give its permission to a person touse the coverage provided under section 12.1 of this chapter for acommercial purpose if:
(1) the person or the person's representative submits to thelegislative council, or its designated agent, a signed, writtenrequest for the use that:
(A) states the purpose for which the audio or video coveragewill be used and that the stated purpose is allowed undersubsection (a); and
(B) contains an agreement by the person that the audio orvisual coverage will not be used for a commercial purposeother than the stated purpose; and
(2) the purpose stated in subdivision (1)(A) is a use allowedunder subsection (a).
(c) The legislative council:
(1) is not required to give its permission to any person; and
(2) may limit the number of persons to whom it gives itspermission;
to use coverage provided under section 12.1 of this chapter for apurpose described in subsection (a)(2)(B).
(d) Subsection (a) and an agreement under subsection (b)(1)(B)do not prohibit compiling, describing, quoting from, analyzing, orresearching the verbal content of audio or visual coverage providedunder section 12.1 of this chapter for a commercial purpose.
(e) The attorney general may enforce this section at the request of
the legislative council by bringing a civil action to enjoin a violationof subsection (a) or an agreement under subsection (b)(1)(B).
As added by P.L.179-2001, SEC.2. Amended by P.L.1-2002, SEC.3.
IC 2-5-1.1-14
Internet coverage as part of legislative history
Sec. 14. Audio or video coverage provided under section 12.1 ofthis chapter is not part of the legislative history of an act enacted orresolution adopted by the general assembly unless:
(1) the content of audio or video coverage provided undersection 12.1 of this chapter is:
(A) incorporated by resolution contemporaneously adoptedby the chamber in which the coverage originated into thehouse or senate journal required under Article 4, Section 12of the Constitution of the State of Indiana; or
(B) declared to be part of the legislative history of a bill orresolution in a bill contemporaneously enacted by thegeneral assembly; and
(2) the content of the incorporated audio or video coverage iscertified for accuracy and completeness by the principal clerkor principal secretary of the chamber in which the coverageoriginated.
As added by P.L.179-2001, SEC.3. Amended by P.L.1-2002, SEC.4.
IC 2-5-1.1-15
Internet coverage as an expression of legislative intent
Sec. 15. Audio or video coverage provided under section 12.1 ofthis chapter does not constitute an expression of the legislative intent,purpose, or meaning of an act enacted or resolution adopted by thegeneral assembly unless:
(1) the content of audio or video coverage provided undersection 12.1 of this chapter is incorporated by a billcontemporaneously enacted by the general assembly; and
(2) the content of the incorporated audio or video coverage iscertified for accuracy and completeness by the principal clerkor principal secretary of the chamber in which the coverageoriginated.
As added by P.L.179-2001, SEC.4. Amended by P.L.1-2002, SEC.5.
IC 2-5-1.1-16
Internet coverage; use as evidence
Sec. 16. It is not the intent of the general assembly in enactingsection 12.1 of this chapter to have the content of the audio or videocoverage provided under section 12 of this chapter (repealed) usedas evidence of the legislative intent, purpose, or meaning of an actenacted or resolution adopted by the general assembly.
As added by P.L.179-2001, SEC.5. Amended by P.L.1-2002, SEC.6;P.L.1-2003, SEC.1.
IC 2-5-1.1-17
Intent of general assembly in enactment of sections 12, 13, 14, 15,and 16 of chapter
Sec. 17. It is not the intent of the general assembly in enactingsections 12 (repealed), 13, 14, 15, and 16 of this chapter to changethe judicial rule of statutory construction expressed in Tinder, Pros.Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind. 302, 149 N.E.2d808 and later cases that the motive of individual sponsors oflegislation cannot be imputed to the general assembly unless there isa basis for it in its statutory expression.
As added by P.L.16-2009, SEC.8.
IC 2-5-1.1-18
Annual appropriation to legislative employers
Sec. 18. There is annually appropriated to legislative employers(as defined in IC 5-10-8) from the fund established under section 17of this chapter sufficient funds to pay for employer paid benefitcharges or premiums arising as a result of elections made bylegislative employers under IC 5-10-8.
As added by P.L.178-2002, SEC.141.
IC 2-5-1.1-19
Small business impact comments
Sec. 19. The legislative services agency, under the direction of thelegislative council, shall establish a process that permits smallbusiness impact comments concerning proposed legislation to beposted on the general assembly's web site after submission by theoffice of management and budget under IC 4-3-22-16.
As added by P.L.137-2006, SEC.1.