IC 2-5-1.1-1 Creation; membership
Sec. 1. There is hereby created a legislative council which shall
be composed of sixteen (16) members of the general assembly as
follows:
(a) From the senate: The president pro tempore, the minority
leader, 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 caucus
chairman, the minority caucus chairman, two (2) members appointed
by the speaker, and one (1) member appointed by the minority leader.
(c) The president of the senate may serve as an ex officio
non-voting member of the council.
(d) The members of the council who serve by virtue of their office
shall serve until their successors are selected.
(e) The appointed members shall serve from the date of their
appointment until the next general election at which they run for
reelection, or until the convening of the first regular session of the
next general assembly, whichever is first to occur. The president pro
tempore, speaker, and minority leaders shall appoint their members
not later than five (5) days after the close of a first regular session of
a 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 the
council beginning January 1 of odd-numbered years and
vice-chairman beginning January 1 of even-numbered years.
(b) The speaker shall be chairman of the council beginning
January 1 of even-numbered years and vice-chairman beginning
January 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 in
a position held by virtue of office. The person appointed shall be
from the same house and party as the person whose position was
vacated. In filling the vacancy, the chairman shall accept the
recommendation of the ranking member on the council from the
house and party affected. The replacement shall serve until his
successor has been selected.
(b) Any vacancy in a position held by appointment shall be filled
by 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, and
where he designates. Meetings of the council may also be called
upon the written request of any seven (7) members and upon
forty-eight (48) hours notice to the members of the council.
(b) The members of the council are entitled to receive the per
diem of members of the general assembly for time spent in
attendance at the meetings of such council. The members of the
council are also entitled to be reimbursed for actual necessary
expenses incurred while attending such meetings. Per diem and
expenses of council members shall be paid from the appropriation of
the council upon approval by the chairman.
(c) A majority of the entire membership of the council shall
constitute a quorum. No action of the council shall be valid unless
approved by at least nine (9) members.
(d) When the general assembly is in regular session, those persons
who are members of the council by virtue of their office constitute
a quorum of the council and may continue to exercise all rights,
privileges, and powers, and to perform all duties of the council until
their 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 general
assembly or of the senate or house of representatives, study
subjects of interest and concern, and based on such a study,
recommend such legislation as the welfare of the state may
require;
(2) direct standing committees of the senate or house of
representatives, or appoint committees and subcommittees
subject to the authority of the council, to carry out studies on
subjects of interest and concern;
(3) recommend such codification and general revision of the
constitution and the laws of the state as may from time to time
be necessary;
(4) require any officer or agency, board, commission,
committee or other instrumentality of the state or of a political
subdivision of the state to provide information bearing on
subjects under consideration by the council or by standing
committee or any of its committees or subcommittees;
(5) by an affirmative vote of two-thirds (2/3) of its members
present and voting:
(A) administer oaths, issue subpoenas, compel the attendance
of 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 in
civil actions bearing on subjects under consideration by the
council or by any of its committees or subcommittees;
(B) petition, through the presiding officer of the council, any
circuit court of the appropriate county for an order for
compliance with any order or subpoenas issued under this
section;
(6) adopt such rules and procedures and organize such agencies
as may be necessary or appropriate to carry out its duties;
(7) receive appropriations and make allocations for the
reasonable and necessary expenditures of the council and the
standing and interim committees of the house of
representatives, senate and general assembly;
(8) enter into whatever contracts or other arrangements deemed
by it to be necessary or appropriate to exercising its rights,
privileges, and powers and performing its duties under this
chapter 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 the
functions of the legislative department of government and to
carry out the intent, purposes and provisions of this chapter.
(b) The council may authorize its executive director to act on its
behalf and with its authority on any matter of administration under
this chapter and under IC 2-6-1.5, including executing and
implementing any contract or other arrangement under which it
agrees 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 interim
committees, subcommittees or commissions appointed by the
council or at the direction of the general assembly or of the
senate or house of representatives;
(2) review the operations, budgetary practices and expenditures
of all state agencies, including departments, boards, offices,
commissions and political subdivisions;
(3) recommend such changes in the rules and procedures of the
senate and house of representatives as may advance the
consideration of legislation by the general assembly;
(4) work with the standing and interim committees,
subcommittees and commissions of the general assembly or of
the senate or house of representatives to assure efficient
utilization of legislative services agency employees;
(5) publish such records, schedules, indexes and reports as the
general assembly may require;
(6) arrange and contract for the printing of bills, enrolled acts,
session laws, journals, the Indiana Code and supplements to the
Indiana Code, the Indiana Administrative Code and
supplements to the Indiana Administrative Code, the Indiana
Register, and the miscellaneous printing needs, supplies and
equipment of the council, legislative services agency, and the
general assembly;
(7) provide adequate quarters and office space for all legislative
activities;
(8) serve as the policy-making board for, and in general
supervise the operation of, all staff services of the legislative
services agency whether the general assembly is in or out of
session;
(9) submit a report of its activities to the general assembly in an
electronic format under IC 5-14-6 and to the governor; and
(10) do all other things necessary and proper to perform the
functions 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 the
governor's office, develop an annual report format taking into
consideration, among other things, program budgeting, with the final
format to be determined by the council. The format may be
distributed to any agency (as defined in IC 2-5-21-1). The agency
shall complete and return a copy in an electronic format under
IC 5-14-6 to the legislative council before September 1 of each year
for the preceding fiscal year.
(b) The council shall distribute one (1) copy to the governor's
office, one (1) copy to the budget agency, and three (3) copies to the
state 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 and
administrative agency for the general assembly to assist it in the
performance of its constitutional responsibilities as a separate and
independent legislative branch of state government. The service and
administrative agency shall be known as the "Legislative Services
Agency."
(b) In maintaining the legislative services agency the council
shall:
(1) establish the qualifications for and employ such personnel
as are required to carry out the purposes and provisions of this
chapter;
(2) employ an executive director, to be charged with the
administrative responsibility of all offices, departments, or
divisions 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 practices
and establishing the rights, privileges, powers, and duties of all
employees;
(4) provide for employees to be covered by the public
employees' retirement fund; and
(5) establish a pay scale for all employees including the
executive director.
Rules and regulations adopted by the council under subdivision (3)
are not subject to IC 4-22-2. In those rules and regulations, the
council may limit the political activity of legislative services agency
employees.
(c) The executive director is entitled to serve as long as he
properly performs his duties, but he may be removed at any time
upon the affirmative vote of twelve (12) members of the council.
(d) The executive director may submit to the council such reports
and drafts of resolutions, budgets, and appropriation bills as may be
required for the efficient operation of the council's activities and
programs.
(e) The legislative services agency shall perform such bill
drafting, research, code revision, fiscal, budgetary, and management
analysis, information, administrative, and other services as are
requested 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 product
of the legislative services agency includes an electronic geographic
information system produced from data:
(1) gathered by the legislative services agency; and
(2) processed using proprietary software that has been licensed
to the legislative services agency.
(b) This subsection applies to a public agency (as defined by
IC 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 geographic
information system described in subsection (a) must be available to
any person under rules approved by the legislative council.
Electronic copies of the information are available only under rules
approved 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 performing
official legislative business between the regular sessions of the
general assembly may be required to submit to the council progress
reports and a final report. Such reports shall contain such information
as 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, upon
request of the council, report to the council in an electronic format
under IC 5-14-6 on the progress of its activities including an estimate
of the revenues, an estimate of the surplus of revenues over
expenditures, a report of current and projected expenditures and any
other data which will enhance an understanding of the fiscal affairs
of 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; advisory
function
Sec. 10. (a) The Indiana code revision commission is established.
The commission shall function as an advisory body to the legislative
council. 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 the
codification and revision of statutes to make those statutes
clear, concise, and easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with the
publication of the Indiana Register and in the compilation,
computerization, indexing, and printing of the Indiana
Administrative Code;
(4) assist the council, as required by IC 4-22-2-42, in
developing and revising standards, techniques, format, and
numbering 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 legislation
for consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to the
commission by the council.
(b) The commission consists of the following members:
(1) Four (4) members of the house of representatives, not more
than 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) of
whom are members of the same political party, to be appointed
by 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 his
designee.
(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 the
chairman 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 serve
a term of two (2) years or until their successors are appointed and
qualified.
(c) The chairman of the commission shall be selected by the
commission from among its legislative members.
(d) Commission members serve without compensation other than
per diem and travel allowance as authorized for legislative study
committees.
(e) The commission shall meet as often as is necessary to properly
perform its duties.
(f) The council may direct the legislative services agency to
provide such clerical, research, and administrative personnel and
other assistance as the council considers necessary to enable the
commission to properly perform its duties.
(g) Subject to the authorization of the council, the expenses
incurred by the commission in performing its duties shall be paid
from 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. The
examination is governed by IC 5-11. This examination may include
a followup financial examination of a sample of those examined by
the 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 of
technology established by IC 4-13.1-2-1 or another public or private
person to provide video or audio coverage, or both, over the Internet
or another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative
council. 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 apply
throughout this section.
(b) As used in this section, "committee" refers to the census data
advisory committee established by IC 2-5-19-2.
(c) As used in this section, "council" refers to the legislative
council established by section 1 of this chapter.
(d) As used in this section, "GIS" refers to the geographic
information system that the office is required to establish and
maintain under subsection (g)(9).
(e) As used in this section, "office" refers to the office of census
data established by subsection (f).
(f) The office of census data is established within the legislative
services agency. Appointment of staff members of the office is
subject to the approval of the legislative council.
(g) The office shall do the following:
(1) Advise and assist the Bureau of the Census and the
committee in defining the boundaries of census blocks in
Indiana.
(2) Advise and assist the committee in coordinating the state's
efforts to obtain an accurate population count in each federal
decennial census.
(3) Work with other state and federal agencies to assist in the
Census Bureau's local review program conducted in Indiana.
(4) Participate in national associations of state governments to
obtain information regarding census count activities conducted
by other states.
(5) Advise and assist the committee in the preparation and
organization of decennial census data for use in congressional
and state legislative redistricting.
(6) Work with political subdivisions following each decennial
census to provide information and assistance concerning special
censuses, special tabulations, and corrected population counts.
(7) Work with the election division, state agencies, and political
subdivisions to maintain accurate information concerning the
boundaries of precincts and political subdivisions.
(8) Provide technical assistance to counties, the election
commission, and the election division to comply with Indiana
law concerning establishing a precinct (as defined in
IC 3-11-1.5-1).
(9) Establish and maintain a geographic information system that
contains the boundaries of all precincts, legislative districts, and
congressional districts. The geographic information system may
contain other boundaries and information as determined by the
executive director of the legislative services agency or as
required by the council.
(10) Perform other census and mapping research as determined
by the executive director of the legislative services agency or as
required by the council.
(h) The office shall provide the election division a network
connection to the GIS. The network connection must do the
following:
(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 public
access 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 video
coverage provided under section 12.1 of this chapter for a
commercial purpose intended to result in a profit or other tangible
benefit to any person only if:
(1) the legislative council gives its permission for the person's
commercial use; and
(2) the person:
(A) uses the audio or video coverage only for educational or
public affairs programming, including news programming,
that does not also constitute a use prohibited under section
14 of this chapter; or
(B) transmits to paid subscribers an unedited feed of the
audio or visual coverage.
(b) The legislative council shall give its permission to a person to
use the coverage provided under section 12.1 of this chapter for a
commercial purpose if:
(1) the person or the person's representative submits to the
legislative council, or its designated agent, a signed, written
request for the use that:
(A) states the purpose for which the audio or video coverage
will be used and that the stated purpose is allowed under
subsection (a); and
(B) contains an agreement by the person that the audio or
visual coverage will not be used for a commercial purpose
other than the stated purpose; and
(2) the purpose stated in subdivision (1)(A) is a use allowed
under 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 its
permission;
to use coverage provided under section 12.1 of this chapter for a
purpose 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, or
researching the verbal content of audio or visual coverage provided
under 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 violation
of 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 of
this chapter is not part of the legislative history of an act enacted or
resolution adopted by the general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is:
(A) incorporated by resolution contemporaneously adopted
by the chamber in which the coverage originated into the
house or senate journal required under Article 4, Section 12
of the Constitution of the State of Indiana; or
(B) declared to be part of the legislative history of a bill or
resolution in a bill contemporaneously enacted by the
general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 of
this chapter does not constitute an expression of the legislative intent,
purpose, or meaning of an act enacted or resolution adopted by the
general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is incorporated by a bill
contemporaneously enacted by the general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 enacting
section 12.1 of this chapter to have the content of the audio or video
coverage provided under section 12 of this chapter (repealed) used
as evidence of the legislative intent, purpose, or meaning of an act
enacted 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 enacting
sections 12 (repealed), 13, 14, 15, and 16 of this chapter to change
the judicial rule of statutory construction expressed in Tinder, Pros.
Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind. 302, 149 N.E.2d
808 and later cases that the motive of individual sponsors of
legislation cannot be imputed to the general assembly unless there is
a 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 17
of this chapter sufficient funds to pay for employer paid benefit
charges or premiums arising as a result of elections made by
legislative 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 the
legislative council, shall establish a process that permits small
business impact comments concerning proposed legislation to be
posted on the general assembly's web site after submission by the
office of management and budget under IC 4-3-22-16. As added by P.L.137-2006, SEC.1.
IC 2-5-1.1-1 Creation; membership
Sec. 1. There is hereby created a legislative council which shall
be composed of sixteen (16) members of the general assembly as
follows:
(a) From the senate: The president pro tempore, the minority
leader, 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 caucus
chairman, the minority caucus chairman, two (2) members appointed
by the speaker, and one (1) member appointed by the minority leader.
(c) The president of the senate may serve as an ex officio
non-voting member of the council.
(d) The members of the council who serve by virtue of their office
shall serve until their successors are selected.
(e) The appointed members shall serve from the date of their
appointment until the next general election at which they run for
reelection, or until the convening of the first regular session of the
next general assembly, whichever is first to occur. The president pro
tempore, speaker, and minority leaders shall appoint their members
not later than five (5) days after the close of a first regular session of
a 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 the
council beginning January 1 of odd-numbered years and
vice-chairman beginning January 1 of even-numbered years.
(b) The speaker shall be chairman of the council beginning
January 1 of even-numbered years and vice-chairman beginning
January 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 in
a position held by virtue of office. The person appointed shall be
from the same house and party as the person whose position was
vacated. In filling the vacancy, the chairman shall accept the
recommendation of the ranking member on the council from the
house and party affected. The replacement shall serve until his
successor has been selected.
(b) Any vacancy in a position held by appointment shall be filled
by 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, and
where he designates. Meetings of the council may also be called
upon the written request of any seven (7) members and upon
forty-eight (48) hours notice to the members of the council.
(b) The members of the council are entitled to receive the per
diem of members of the general assembly for time spent in
attendance at the meetings of such council. The members of the
council are also entitled to be reimbursed for actual necessary
expenses incurred while attending such meetings. Per diem and
expenses of council members shall be paid from the appropriation of
the council upon approval by the chairman.
(c) A majority of the entire membership of the council shall
constitute a quorum. No action of the council shall be valid unless
approved by at least nine (9) members.
(d) When the general assembly is in regular session, those persons
who are members of the council by virtue of their office constitute
a quorum of the council and may continue to exercise all rights,
privileges, and powers, and to perform all duties of the council until
their 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 general
assembly or of the senate or house of representatives, study
subjects of interest and concern, and based on such a study,
recommend such legislation as the welfare of the state may
require;
(2) direct standing committees of the senate or house of
representatives, or appoint committees and subcommittees
subject to the authority of the council, to carry out studies on
subjects of interest and concern;
(3) recommend such codification and general revision of the
constitution and the laws of the state as may from time to time
be necessary;
(4) require any officer or agency, board, commission,
committee or other instrumentality of the state or of a political
subdivision of the state to provide information bearing on
subjects under consideration by the council or by standing
committee or any of its committees or subcommittees;
(5) by an affirmative vote of two-thirds (2/3) of its members
present and voting:
(A) administer oaths, issue subpoenas, compel the attendance
of 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 in
civil actions bearing on subjects under consideration by the
council or by any of its committees or subcommittees;
(B) petition, through the presiding officer of the council, any
circuit court of the appropriate county for an order for
compliance with any order or subpoenas issued under this
section;
(6) adopt such rules and procedures and organize such agencies
as may be necessary or appropriate to carry out its duties;
(7) receive appropriations and make allocations for the
reasonable and necessary expenditures of the council and the
standing and interim committees of the house of
representatives, senate and general assembly;
(8) enter into whatever contracts or other arrangements deemed
by it to be necessary or appropriate to exercising its rights,
privileges, and powers and performing its duties under this
chapter 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 the
functions of the legislative department of government and to
carry out the intent, purposes and provisions of this chapter.
(b) The council may authorize its executive director to act on its
behalf and with its authority on any matter of administration under
this chapter and under IC 2-6-1.5, including executing and
implementing any contract or other arrangement under which it
agrees 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 interim
committees, subcommittees or commissions appointed by the
council or at the direction of the general assembly or of the
senate or house of representatives;
(2) review the operations, budgetary practices and expenditures
of all state agencies, including departments, boards, offices,
commissions and political subdivisions;
(3) recommend such changes in the rules and procedures of the
senate and house of representatives as may advance the
consideration of legislation by the general assembly;
(4) work with the standing and interim committees,
subcommittees and commissions of the general assembly or of
the senate or house of representatives to assure efficient
utilization of legislative services agency employees;
(5) publish such records, schedules, indexes and reports as the
general assembly may require;
(6) arrange and contract for the printing of bills, enrolled acts,
session laws, journals, the Indiana Code and supplements to the
Indiana Code, the Indiana Administrative Code and
supplements to the Indiana Administrative Code, the Indiana
Register, and the miscellaneous printing needs, supplies and
equipment of the council, legislative services agency, and the
general assembly;
(7) provide adequate quarters and office space for all legislative
activities;
(8) serve as the policy-making board for, and in general
supervise the operation of, all staff services of the legislative
services agency whether the general assembly is in or out of
session;
(9) submit a report of its activities to the general assembly in an
electronic format under IC 5-14-6 and to the governor; and
(10) do all other things necessary and proper to perform the
functions 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 the
governor's office, develop an annual report format taking into
consideration, among other things, program budgeting, with the final
format to be determined by the council. The format may be
distributed to any agency (as defined in IC 2-5-21-1). The agency
shall complete and return a copy in an electronic format under
IC 5-14-6 to the legislative council before September 1 of each year
for the preceding fiscal year.
(b) The council shall distribute one (1) copy to the governor's
office, one (1) copy to the budget agency, and three (3) copies to the
state 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 and
administrative agency for the general assembly to assist it in the
performance of its constitutional responsibilities as a separate and
independent legislative branch of state government. The service and
administrative agency shall be known as the "Legislative Services
Agency."
(b) In maintaining the legislative services agency the council
shall:
(1) establish the qualifications for and employ such personnel
as are required to carry out the purposes and provisions of this
chapter;
(2) employ an executive director, to be charged with the
administrative responsibility of all offices, departments, or
divisions 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 practices
and establishing the rights, privileges, powers, and duties of all
employees;
(4) provide for employees to be covered by the public
employees' retirement fund; and
(5) establish a pay scale for all employees including the
executive director.
Rules and regulations adopted by the council under subdivision (3)
are not subject to IC 4-22-2. In those rules and regulations, the
council may limit the political activity of legislative services agency
employees.
(c) The executive director is entitled to serve as long as he
properly performs his duties, but he may be removed at any time
upon the affirmative vote of twelve (12) members of the council.
(d) The executive director may submit to the council such reports
and drafts of resolutions, budgets, and appropriation bills as may be
required for the efficient operation of the council's activities and
programs.
(e) The legislative services agency shall perform such bill
drafting, research, code revision, fiscal, budgetary, and management
analysis, information, administrative, and other services as are
requested 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 product
of the legislative services agency includes an electronic geographic
information system produced from data:
(1) gathered by the legislative services agency; and
(2) processed using proprietary software that has been licensed
to the legislative services agency.
(b) This subsection applies to a public agency (as defined by
IC 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 geographic
information system described in subsection (a) must be available to
any person under rules approved by the legislative council.
Electronic copies of the information are available only under rules
approved 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 performing
official legislative business between the regular sessions of the
general assembly may be required to submit to the council progress
reports and a final report. Such reports shall contain such information
as 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, upon
request of the council, report to the council in an electronic format
under IC 5-14-6 on the progress of its activities including an estimate
of the revenues, an estimate of the surplus of revenues over
expenditures, a report of current and projected expenditures and any
other data which will enhance an understanding of the fiscal affairs
of 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; advisory
function
Sec. 10. (a) The Indiana code revision commission is established.
The commission shall function as an advisory body to the legislative
council. 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 the
codification and revision of statutes to make those statutes
clear, concise, and easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with the
publication of the Indiana Register and in the compilation,
computerization, indexing, and printing of the Indiana
Administrative Code;
(4) assist the council, as required by IC 4-22-2-42, in
developing and revising standards, techniques, format, and
numbering 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 legislation
for consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to the
commission by the council.
(b) The commission consists of the following members:
(1) Four (4) members of the house of representatives, not more
than 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) of
whom are members of the same political party, to be appointed
by 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 his
designee.
(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 the
chairman 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 serve
a term of two (2) years or until their successors are appointed and
qualified.
(c) The chairman of the commission shall be selected by the
commission from among its legislative members.
(d) Commission members serve without compensation other than
per diem and travel allowance as authorized for legislative study
committees.
(e) The commission shall meet as often as is necessary to properly
perform its duties.
(f) The council may direct the legislative services agency to
provide such clerical, research, and administrative personnel and
other assistance as the council considers necessary to enable the
commission to properly perform its duties.
(g) Subject to the authorization of the council, the expenses
incurred by the commission in performing its duties shall be paid
from 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. The
examination is governed by IC 5-11. This examination may include
a followup financial examination of a sample of those examined by
the 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 of
technology established by IC 4-13.1-2-1 or another public or private
person to provide video or audio coverage, or both, over the Internet
or another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative
council. 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 apply
throughout this section.
(b) As used in this section, "committee" refers to the census data
advisory committee established by IC 2-5-19-2.
(c) As used in this section, "council" refers to the legislative
council established by section 1 of this chapter.
(d) As used in this section, "GIS" refers to the geographic
information system that the office is required to establish and
maintain under subsection (g)(9).
(e) As used in this section, "office" refers to the office of census
data established by subsection (f).
(f) The office of census data is established within the legislative
services agency. Appointment of staff members of the office is
subject to the approval of the legislative council.
(g) The office shall do the following:
(1) Advise and assist the Bureau of the Census and the
committee in defining the boundaries of census blocks in
Indiana.
(2) Advise and assist the committee in coordinating the state's
efforts to obtain an accurate population count in each federal
decennial census.
(3) Work with other state and federal agencies to assist in the
Census Bureau's local review program conducted in Indiana.
(4) Participate in national associations of state governments to
obtain information regarding census count activities conducted
by other states.
(5) Advise and assist the committee in the preparation and
organization of decennial census data for use in congressional
and state legislative redistricting.
(6) Work with political subdivisions following each decennial
census to provide information and assistance concerning special
censuses, special tabulations, and corrected population counts.
(7) Work with the election division, state agencies, and political
subdivisions to maintain accurate information concerning the
boundaries of precincts and political subdivisions.
(8) Provide technical assistance to counties, the election
commission, and the election division to comply with Indiana
law concerning establishing a precinct (as defined in
IC 3-11-1.5-1).
(9) Establish and maintain a geographic information system that
contains the boundaries of all precincts, legislative districts, and
congressional districts. The geographic information system may
contain other boundaries and information as determined by the
executive director of the legislative services agency or as
required by the council.
(10) Perform other census and mapping research as determined
by the executive director of the legislative services agency or as
required by the council.
(h) The office shall provide the election division a network
connection to the GIS. The network connection must do the
following:
(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 public
access 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 video
coverage provided under section 12.1 of this chapter for a
commercial purpose intended to result in a profit or other tangible
benefit to any person only if:
(1) the legislative council gives its permission for the person's
commercial use; and
(2) the person:
(A) uses the audio or video coverage only for educational or
public affairs programming, including news programming,
that does not also constitute a use prohibited under section
14 of this chapter; or
(B) transmits to paid subscribers an unedited feed of the
audio or visual coverage.
(b) The legislative council shall give its permission to a person to
use the coverage provided under section 12.1 of this chapter for a
commercial purpose if:
(1) the person or the person's representative submits to the
legislative council, or its designated agent, a signed, written
request for the use that:
(A) states the purpose for which the audio or video coverage
will be used and that the stated purpose is allowed under
subsection (a); and
(B) contains an agreement by the person that the audio or
visual coverage will not be used for a commercial purpose
other than the stated purpose; and
(2) the purpose stated in subdivision (1)(A) is a use allowed
under 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 its
permission;
to use coverage provided under section 12.1 of this chapter for a
purpose 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, or
researching the verbal content of audio or visual coverage provided
under 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 violation
of 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 of
this chapter is not part of the legislative history of an act enacted or
resolution adopted by the general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is:
(A) incorporated by resolution contemporaneously adopted
by the chamber in which the coverage originated into the
house or senate journal required under Article 4, Section 12
of the Constitution of the State of Indiana; or
(B) declared to be part of the legislative history of a bill or
resolution in a bill contemporaneously enacted by the
general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 of
this chapter does not constitute an expression of the legislative intent,
purpose, or meaning of an act enacted or resolution adopted by the
general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is incorporated by a bill
contemporaneously enacted by the general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 enacting
section 12.1 of this chapter to have the content of the audio or video
coverage provided under section 12 of this chapter (repealed) used
as evidence of the legislative intent, purpose, or meaning of an act
enacted 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 enacting
sections 12 (repealed), 13, 14, 15, and 16 of this chapter to change
the judicial rule of statutory construction expressed in Tinder, Pros.
Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind. 302, 149 N.E.2d
808 and later cases that the motive of individual sponsors of
legislation cannot be imputed to the general assembly unless there is
a 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 17
of this chapter sufficient funds to pay for employer paid benefit
charges or premiums arising as a result of elections made by
legislative 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 the
legislative council, shall establish a process that permits small
business impact comments concerning proposed legislation to be
posted on the general assembly's web site after submission by the
office of management and budget under IC 4-3-22-16. As added by P.L.137-2006, SEC.1.
IC 2-5-1.1-1 Creation; membership
Sec. 1. There is hereby created a legislative council which shall
be composed of sixteen (16) members of the general assembly as
follows:
(a) From the senate: The president pro tempore, the minority
leader, 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 caucus
chairman, the minority caucus chairman, two (2) members appointed
by the speaker, and one (1) member appointed by the minority leader.
(c) The president of the senate may serve as an ex officio
non-voting member of the council.
(d) The members of the council who serve by virtue of their office
shall serve until their successors are selected.
(e) The appointed members shall serve from the date of their
appointment until the next general election at which they run for
reelection, or until the convening of the first regular session of the
next general assembly, whichever is first to occur. The president pro
tempore, speaker, and minority leaders shall appoint their members
not later than five (5) days after the close of a first regular session of
a 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 the
council beginning January 1 of odd-numbered years and
vice-chairman beginning January 1 of even-numbered years.
(b) The speaker shall be chairman of the council beginning
January 1 of even-numbered years and vice-chairman beginning
January 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 in
a position held by virtue of office. The person appointed shall be
from the same house and party as the person whose position was
vacated. In filling the vacancy, the chairman shall accept the
recommendation of the ranking member on the council from the
house and party affected. The replacement shall serve until his
successor has been selected.
(b) Any vacancy in a position held by appointment shall be filled
by 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, and
where he designates. Meetings of the council may also be called
upon the written request of any seven (7) members and upon
forty-eight (48) hours notice to the members of the council.
(b) The members of the council are entitled to receive the per
diem of members of the general assembly for time spent in
attendance at the meetings of such council. The members of the
council are also entitled to be reimbursed for actual necessary
expenses incurred while attending such meetings. Per diem and
expenses of council members shall be paid from the appropriation of
the council upon approval by the chairman.
(c) A majority of the entire membership of the council shall
constitute a quorum. No action of the council shall be valid unless
approved by at least nine (9) members.
(d) When the general assembly is in regular session, those persons
who are members of the council by virtue of their office constitute
a quorum of the council and may continue to exercise all rights,
privileges, and powers, and to perform all duties of the council until
their 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 general
assembly or of the senate or house of representatives, study
subjects of interest and concern, and based on such a study,
recommend such legislation as the welfare of the state may
require;
(2) direct standing committees of the senate or house of
representatives, or appoint committees and subcommittees
subject to the authority of the council, to carry out studies on
subjects of interest and concern;
(3) recommend such codification and general revision of the
constitution and the laws of the state as may from time to time
be necessary;
(4) require any officer or agency, board, commission,
committee or other instrumentality of the state or of a political
subdivision of the state to provide information bearing on
subjects under consideration by the council or by standing
committee or any of its committees or subcommittees;
(5) by an affirmative vote of two-thirds (2/3) of its members
present and voting:
(A) administer oaths, issue subpoenas, compel the attendance
of 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 in
civil actions bearing on subjects under consideration by the
council or by any of its committees or subcommittees;
(B) petition, through the presiding officer of the council, any
circuit court of the appropriate county for an order for
compliance with any order or subpoenas issued under this
section;
(6) adopt such rules and procedures and organize such agencies
as may be necessary or appropriate to carry out its duties;
(7) receive appropriations and make allocations for the
reasonable and necessary expenditures of the council and the
standing and interim committees of the house of
representatives, senate and general assembly;
(8) enter into whatever contracts or other arrangements deemed
by it to be necessary or appropriate to exercising its rights,
privileges, and powers and performing its duties under this
chapter 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 the
functions of the legislative department of government and to
carry out the intent, purposes and provisions of this chapter.
(b) The council may authorize its executive director to act on its
behalf and with its authority on any matter of administration under
this chapter and under IC 2-6-1.5, including executing and
implementing any contract or other arrangement under which it
agrees 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 interim
committees, subcommittees or commissions appointed by the
council or at the direction of the general assembly or of the
senate or house of representatives;
(2) review the operations, budgetary practices and expenditures
of all state agencies, including departments, boards, offices,
commissions and political subdivisions;
(3) recommend such changes in the rules and procedures of the
senate and house of representatives as may advance the
consideration of legislation by the general assembly;
(4) work with the standing and interim committees,
subcommittees and commissions of the general assembly or of
the senate or house of representatives to assure efficient
utilization of legislative services agency employees;
(5) publish such records, schedules, indexes and reports as the
general assembly may require;
(6) arrange and contract for the printing of bills, enrolled acts,
session laws, journals, the Indiana Code and supplements to the
Indiana Code, the Indiana Administrative Code and
supplements to the Indiana Administrative Code, the Indiana
Register, and the miscellaneous printing needs, supplies and
equipment of the council, legislative services agency, and the
general assembly;
(7) provide adequate quarters and office space for all legislative
activities;
(8) serve as the policy-making board for, and in general
supervise the operation of, all staff services of the legislative
services agency whether the general assembly is in or out of
session;
(9) submit a report of its activities to the general assembly in an
electronic format under IC 5-14-6 and to the governor; and
(10) do all other things necessary and proper to perform the
functions 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 the
governor's office, develop an annual report format taking into
consideration, among other things, program budgeting, with the final
format to be determined by the council. The format may be
distributed to any agency (as defined in IC 2-5-21-1). The agency
shall complete and return a copy in an electronic format under
IC 5-14-6 to the legislative council before September 1 of each year
for the preceding fiscal year.
(b) The council shall distribute one (1) copy to the governor's
office, one (1) copy to the budget agency, and three (3) copies to the
state 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 and
administrative agency for the general assembly to assist it in the
performance of its constitutional responsibilities as a separate and
independent legislative branch of state government. The service and
administrative agency shall be known as the "Legislative Services
Agency."
(b) In maintaining the legislative services agency the council
shall:
(1) establish the qualifications for and employ such personnel
as are required to carry out the purposes and provisions of this
chapter;
(2) employ an executive director, to be charged with the
administrative responsibility of all offices, departments, or
divisions 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 practices
and establishing the rights, privileges, powers, and duties of all
employees;
(4) provide for employees to be covered by the public
employees' retirement fund; and
(5) establish a pay scale for all employees including the
executive director.
Rules and regulations adopted by the council under subdivision (3)
are not subject to IC 4-22-2. In those rules and regulations, the
council may limit the political activity of legislative services agency
employees.
(c) The executive director is entitled to serve as long as he
properly performs his duties, but he may be removed at any time
upon the affirmative vote of twelve (12) members of the council.
(d) The executive director may submit to the council such reports
and drafts of resolutions, budgets, and appropriation bills as may be
required for the efficient operation of the council's activities and
programs.
(e) The legislative services agency shall perform such bill
drafting, research, code revision, fiscal, budgetary, and management
analysis, information, administrative, and other services as are
requested 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 product
of the legislative services agency includes an electronic geographic
information system produced from data:
(1) gathered by the legislative services agency; and
(2) processed using proprietary software that has been licensed
to the legislative services agency.
(b) This subsection applies to a public agency (as defined by
IC 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 geographic
information system described in subsection (a) must be available to
any person under rules approved by the legislative council.
Electronic copies of the information are available only under rules
approved 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 performing
official legislative business between the regular sessions of the
general assembly may be required to submit to the council progress
reports and a final report. Such reports shall contain such information
as 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, upon
request of the council, report to the council in an electronic format
under IC 5-14-6 on the progress of its activities including an estimate
of the revenues, an estimate of the surplus of revenues over
expenditures, a report of current and projected expenditures and any
other data which will enhance an understanding of the fiscal affairs
of 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; advisory
function
Sec. 10. (a) The Indiana code revision commission is established.
The commission shall function as an advisory body to the legislative
council. 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 the
codification and revision of statutes to make those statutes
clear, concise, and easy to interpret and to apply;
(3) assist the council, as required by IC 4-22-8-11, with the
publication of the Indiana Register and in the compilation,
computerization, indexing, and printing of the Indiana
Administrative Code;
(4) assist the council, as required by IC 4-22-2-42, in
developing and revising standards, techniques, format, and
numbering 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 legislation
for consideration by the Indiana general assembly; and
(6) assist the council with any other related tasks assigned to the
commission by the council.
(b) The commission consists of the following members:
(1) Four (4) members of the house of representatives, not more
than 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) of
whom are members of the same political party, to be appointed
by 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 his
designee.
(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 the
chairman 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 serve
a term of two (2) years or until their successors are appointed and
qualified.
(c) The chairman of the commission shall be selected by the
commission from among its legislative members.
(d) Commission members serve without compensation other than
per diem and travel allowance as authorized for legislative study
committees.
(e) The commission shall meet as often as is necessary to properly
perform its duties.
(f) The council may direct the legislative services agency to
provide such clerical, research, and administrative personnel and
other assistance as the council considers necessary to enable the
commission to properly perform its duties.
(g) Subject to the authorization of the council, the expenses
incurred by the commission in performing its duties shall be paid
from 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. The
examination is governed by IC 5-11. This examination may include
a followup financial examination of a sample of those examined by
the 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 of
technology established by IC 4-13.1-2-1 or another public or private
person to provide video or audio coverage, or both, over the Internet
or another broadcast medium of any of the following:
(1) Sessions of the general assembly.
(2) Other legislative activities authorized by the legislative
council. 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 apply
throughout this section.
(b) As used in this section, "committee" refers to the census data
advisory committee established by IC 2-5-19-2.
(c) As used in this section, "council" refers to the legislative
council established by section 1 of this chapter.
(d) As used in this section, "GIS" refers to the geographic
information system that the office is required to establish and
maintain under subsection (g)(9).
(e) As used in this section, "office" refers to the office of census
data established by subsection (f).
(f) The office of census data is established within the legislative
services agency. Appointment of staff members of the office is
subject to the approval of the legislative council.
(g) The office shall do the following:
(1) Advise and assist the Bureau of the Census and the
committee in defining the boundaries of census blocks in
Indiana.
(2) Advise and assist the committee in coordinating the state's
efforts to obtain an accurate population count in each federal
decennial census.
(3) Work with other state and federal agencies to assist in the
Census Bureau's local review program conducted in Indiana.
(4) Participate in national associations of state governments to
obtain information regarding census count activities conducted
by other states.
(5) Advise and assist the committee in the preparation and
organization of decennial census data for use in congressional
and state legislative redistricting.
(6) Work with political subdivisions following each decennial
census to provide information and assistance concerning special
censuses, special tabulations, and corrected population counts.
(7) Work with the election division, state agencies, and political
subdivisions to maintain accurate information concerning the
boundaries of precincts and political subdivisions.
(8) Provide technical assistance to counties, the election
commission, and the election division to comply with Indiana
law concerning establishing a precinct (as defined in
IC 3-11-1.5-1).
(9) Establish and maintain a geographic information system that
contains the boundaries of all precincts, legislative districts, and
congressional districts. The geographic information system may
contain other boundaries and information as determined by the
executive director of the legislative services agency or as
required by the council.
(10) Perform other census and mapping research as determined
by the executive director of the legislative services agency or as
required by the council.
(h) The office shall provide the election division a network
connection to the GIS. The network connection must do the
following:
(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 public
access 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 video
coverage provided under section 12.1 of this chapter for a
commercial purpose intended to result in a profit or other tangible
benefit to any person only if:
(1) the legislative council gives its permission for the person's
commercial use; and
(2) the person:
(A) uses the audio or video coverage only for educational or
public affairs programming, including news programming,
that does not also constitute a use prohibited under section
14 of this chapter; or
(B) transmits to paid subscribers an unedited feed of the
audio or visual coverage.
(b) The legislative council shall give its permission to a person to
use the coverage provided under section 12.1 of this chapter for a
commercial purpose if:
(1) the person or the person's representative submits to the
legislative council, or its designated agent, a signed, written
request for the use that:
(A) states the purpose for which the audio or video coverage
will be used and that the stated purpose is allowed under
subsection (a); and
(B) contains an agreement by the person that the audio or
visual coverage will not be used for a commercial purpose
other than the stated purpose; and
(2) the purpose stated in subdivision (1)(A) is a use allowed
under 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 its
permission;
to use coverage provided under section 12.1 of this chapter for a
purpose 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, or
researching the verbal content of audio or visual coverage provided
under 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 violation
of 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 of
this chapter is not part of the legislative history of an act enacted or
resolution adopted by the general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is:
(A) incorporated by resolution contemporaneously adopted
by the chamber in which the coverage originated into the
house or senate journal required under Article 4, Section 12
of the Constitution of the State of Indiana; or
(B) declared to be part of the legislative history of a bill or
resolution in a bill contemporaneously enacted by the
general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 of
this chapter does not constitute an expression of the legislative intent,
purpose, or meaning of an act enacted or resolution adopted by the
general assembly unless:
(1) the content of audio or video coverage provided under
section 12.1 of this chapter is incorporated by a bill
contemporaneously enacted by the general assembly; and
(2) the content of the incorporated audio or video coverage is
certified for accuracy and completeness by the principal clerk
or principal secretary of the chamber in which the coverage
originated. 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 enacting
section 12.1 of this chapter to have the content of the audio or video
coverage provided under section 12 of this chapter (repealed) used
as evidence of the legislative intent, purpose, or meaning of an act
enacted 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 enacting
sections 12 (repealed), 13, 14, 15, and 16 of this chapter to change
the judicial rule of statutory construction expressed in Tinder, Pros.
Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind. 302, 149 N.E.2d
808 and later cases that the motive of individual sponsors of
legislation cannot be imputed to the general assembly unless there is
a 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 17
of this chapter sufficient funds to pay for employer paid benefit
charges or premiums arising as a result of elections made by
legislative 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 the
legislative council, shall establish a process that permits small
business impact comments concerning proposed legislation to be
posted on the general assembly's web site after submission by the
office of management and budget under IC 4-3-22-16. As added by P.L.137-2006, SEC.1.
