CHAPTER 1. LEGISLATIVE SESSIONS AND PROCEDURES LAW OF 1971
IC 2-2.1
ARTICLE 2.1. LEGISLATIVE SESSIONS ANDPROCEDURES
IC 2-2.1-1
Chapter 1. Legislative Sessions and Procedures Law of 1971
IC 2-2.1-1-1
Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Bill" includes a bill and a joint resolution.
(2) "Term of the general assembly" means that two (2) yearperiod of time extending from the first Wednesday after the firstMonday in November of any even-numbered year until, but notincluding, the first Wednesday after the first Monday inNovember of the next even-numbered year.
(3) "Session" refers to a regular session, regular technicalsession, or special session of the general assembly.
(4) "Special session" means that period of time during whichthe general assembly is convened in session upon theproclamation and call of the governor under Article 4, Section9 of the Constitution of the State of Indiana.
(Formerly: Acts 1971, P.L.6, SEC.2.) As amended by P.L.4-1995,SEC.3.
IC 2-2.1-1-2
First regular session
Sec. 2. (a) The first regular session of each term of the generalassembly shall convene on the third Tuesday after the first Mondayof November of each even-numbered year to do the following:
(1) Organize itself.
(2) Elect its officers.
(3) Receive the oath of office.
(b) If a special session is called before the date set in subsection(a), then the organization, election, and receiving the oath of officeshall be held on the first day of the special session.
(c) The general assembly shall then adjourn until a day:
(1) certain fixed by a concurrent resolution; or
(2) when the gavel of each house falls in the presence of aquorum whether or not a day certain to reconvene in session hasbeen fixed.
(d) The general assembly shall reconvene in session no later thanthe second Monday in January of the following year.
(e) The first regular session of each term of the general assemblyshall adjourn sine die not later than April 29 in any odd-numberedyear.
(Formerly: Acts 1971, P.L.6, SEC.2; Acts 1973, P.L.1, SEC.1.) Asamended by P.L.4-1995, SEC.4.
IC 2-2.1-1-2.5
First regular technical session
Sec. 2.5. (a) Before the first regular session adjourns sine die, thegeneral assembly may adopt a concurrent resolution to fix a day toconvene the first regular technical session of the general assembly.The day fixed under this subsection may not be earlier than thirty(30) days after the first regular session adjourns sine die.
(b) Only the following may be considered and acted upon duringa first regular technical session:
(1) Bills enacted during the first regular session vetoed by thegovernor.
(2) Bills to correct conflicts among bills enacted during the firstregular session.
(3) Bills to correct technical errors in bills enacted during thefirst regular session.
(c) The first regular technical session must adjourn sine die beforemidnight after it convenes.
(d) The concurrent resolution adopted under subsection (a) mayprovide that the first regular technical session is not required toconvene if the speaker of the house of representatives and thepresident pro tempore of the senate jointly issue an order finding thatthe purposes for which a regular technical session may meet undersubsection (b) do not justify the cost and inconvenience of meetingin a regular technical session.
(e) If the general assembly does not meet in a regular technicalsession under this section, the general assembly shall consider andact upon vetoes of bills enacted during the first regular session at thenext second regular session.
(f) For purposes of Article 5, Section 14 of the Constitution of theState of Indiana, the first regular technical session is not considereda regular session if the general assembly does not consider or actupon vetoes of bills enacted during the first regular session under thissection.
As added by P.L.4-1995, SEC.5.
IC 2-2.1-1-3
Second regular session
Sec. 3. (a) The second regular session of each term of the generalassembly shall convene on the third Tuesday after the first Mondayof November of each odd-numbered year. The general assembly shallthen adjourn until a day:
(1) certain fixed by a concurrent resolution; or
(2) when the gavel of each house falls in the presence of aquorum whether or not a day certain to reconvene in session hasbeen fixed.
(b) The general assembly shall reconvene in session no later thanthe second Monday in January of the following year. The secondregular session of each term of the general assembly shall adjournsine die not later than March 14 in any even-numbered year.
(Formerly: Acts 1971, P.L.6, SEC.2; Acts 1973, P.L.1, SEC.2.) As
amended by P.L.4-1995, SEC.6.
IC 2-2.1-1-3.5
Second regular technical session
Sec. 3.5. (a) Before the second regular session adjourns sine die,the general assembly may adopt a concurrent resolution to fix a dayto convene the second regular technical session of the generalassembly. The day fixed under this subsection may not be earlierthan thirty (30) days after the second regular session adjourns sinedie.
(b) Only the following may be considered and acted upon duringa second regular technical session:
(1) Bills enacted during the second regular session vetoed bythe governor.
(2) Bills to correct conflicts among bills enacted during thesecond regular session.
(3) Bills to correct technical errors in bills enacted during thesecond regular session.
(c) The second regular technical session must adjourn sine diebefore midnight after it convenes.
(d) The concurrent resolution adopted under subsection (a) mayprovide that the second regular technical session is not required toconvene if the speaker of the house of representatives and thepresident pro tempore of the senate jointly issue an order finding thatthe purposes for which a regular technical session may meet undersubsection (b) do not justify the cost and inconvenience of meetingin a regular technical session.
(e) If the general assembly does not meet in a regular technicalsession under this section, the general assembly may consider and actupon vetoes of bills enacted during the second regular session at thenext first regular session.
(f) For purposes of Article 5, Section 14 of the Constitution of theState of Indiana, the second regular technical session is notconsidered a regular session if the general assembly does notconsider or act upon vetoes of bills enacted during the second regularsession under this section.
As added by P.L.4-1995, SEC.7.
IC 2-2.1-1-4
Special sessions
Sec. 4. Length and Frequency of Sessions: Special Session. Aspecial session of the General Assembly, called by the Governor asprovided in Article 4, section 9 of the Constitution of the State ofIndiana, shall continue for not more than thirty (30) session days normore than forty (40) calendar days following the day upon which itis commenced.
(Formerly: Acts 1971, P.L.6, SEC.2.)
IC 2-2.1-1-5
Repealed
(Repealed by P.L.4-1995, SEC.16.)
IC 2-2.1-1-6
Organization of senate
Sec. 6. Procedures: Organization of the Senate. (a) The Presidentof the Senate shall preside at the organizational meeting during theelection of the President Pro Tempore and other officers of theSenate.
(b) The oath of office shall be administered to senators-elect bythe Chief Justice of the Supreme Court of Indiana, or an associatejustice designated by the Chief Justice.
(c) The President Pro Tempore and such other officers as may bedetermined by the standing rules and orders of the Senate shall beelected. The oath of office shall be administered to the President ProTempore by the Chief Justice, and to the other officers by thePresident of the Senate.
(d) In the event there is no President or he is absent or unable toserve, the Chief Justice of the Supreme Court or an associate justicedesignated by the Chief Justice shall preside during the election ofthe President Pro Tempore and, upon being elected and sworn, thePresident Pro Tempore shall take the chair and conduct the furtherbusiness of the Senate until the vacancy in the office of President isfilled, if there is no President, or until the President is able to serve,if he is absent or unable to serve.
(Formerly: Acts 1971, P.L.6, SEC.2.) As amended by P.L.2-1998,SEC.1.
IC 2-2.1-1-7
Organization of house of representatives
Sec. 7. (a) The Secretary of State shall preside at theorganizational meeting during the election of the Speaker of theHouse of Representatives.
(b) The oath of office shall be administered torepresentatives-elect by the Chief Justice of the Supreme Court ofIndiana, or an associate justice designated by the Chief Justice.
(c) Subject to section 7.5 of this chapter, the Speaker shall beelected. The oath of office shall be administered to the Speaker of theHouse by the Chief Justice of the Supreme Court or an associatejustice designated by the Chief Justice.
(d) Upon being elected and taking the oath of office, the Speakershall take the chair and conduct the further business of the House,including the election and swearing in of such other officers as maybe determined by the standing rules and orders of the House ofRepresentatives.
(e) In the event there is no Secretary of State or he is absent orunable to serve, the Chief Justice of the Supreme Court or anassociate justice designated by the Chief Justice shall preside duringthe election of the Speaker.(Formerly: Acts 1971, P.L.6, SEC.2.) As amended by P.L.9-1995,SEC.2.
IC 2-2.1-1-7.5
Equal political party affiliation by house members; election ofspeaker and principal clerk; rules
Sec. 7.5. (a) This section applies only if the number of membersof the house of representatives affiliated with one (1) political partyequals the number of members of the house of representativesaffiliated with a different political party.
(b) For purposes of this section, an individual is considered to beaffiliated with a political party if the individual was:
(1) the nominee (as defined in IC 3-5-2-33) of that politicalparty for election to the office to which the individual waselected at the previous general election; or
(2) selected by that political party to fill a candidate vacancy ora vacancy in the office under IC 3-13 for the office theindividual currently holds.
(c) The speaker of the house of representatives and the principalclerk of the house of representatives shall be elected by the membersof the house of representatives affiliated with the political partywhose:
(1) candidate was elected governor at the previous generalelection; or
(2) candidate was elected secretary of state at the previousgeneral election, if the governor was not elected at the previousgeneral election.
(d) The rules that governed the house of representatives before theprevious general election shall govern the house of representativesafter the general election until those rules are amended as providedin those rules.
As added by P.L.9-1995, SEC.3.
IC 2-2.1-1-8
Procedure for each house at organizational meeting
Sec. 8. Procedures for Each House at the Organizational Meeting.(a) Upon the election of the officers in each house, the membershipof each house shall adopt standing rules and orders for theirrespective houses, and joint rules for conducting the business in thetwo houses.
(b) Each house, by rule, shall determine such other business as therespective houses may perform at the organizational meeting.
(c) The rules, as adopted, shall govern the respective houses forthat term of the General Assembly, unless amended or suspended.
(d) The officers elected at the organizational meeting shall servefor that entire term of the General Assembly, unless removed,suspended or unable to serve.
(Formerly: Acts 1971, P.L.6, SEC.2.)
IC 2-2.1-1-9
Standing committee appointments
Sec. 9. Procedures: Standing Committee Appointments. (a) By notlater than ten (10) days after the election of officers as provided in
sections 6 and 7 of this chapter the appointments to the standingcommittees of the two houses of the General Assembly shall be madeand announced by the Speaker and the President Pro Tempore,respectively.
(b) At the reconvening in January of the first session of the term,the lists of appointments to the standing committees shall be read intheir respective houses and recorded in the journals thereof.
(c) The members of the standing committees shall serve for theterm of the General Assembly in which they are appointed, unlessremoved, suspended or unable to serve.
(Formerly: Acts 1971, P.L.6, SEC.2.)
IC 2-2.1-1-10
Filing of bills and resolutions
Sec. 10. Procedures: Filing of Bills and Resolutions. Bills andresolutions may be filed and assigned to committees at any time afterthe convening of a session according to the rules of each house.During any session the standing committees of the House and Senatemay announce and hold public hearings on any bill or resolutionassigned to them upon the authorization of the Speaker of the Houseor the President Pro Tempore of the Senate, respectively, but maytake no action with regard to its disposition until it is introducedaccording to the rules of the house of origin.
(Formerly: Acts 1971, P.L.6, SEC.2.)
IC 2-2.1-1-11
Preparation of calendar
Sec. 11. Procedures: Preparation of a Calendar. The Speaker ofthe House of Representatives and the President Pro Tempore of theSenate shall prepare a calendar in accordance with the joint rules ofthe House and Senate.
(Formerly: Acts 1971, P.L.6, SEC.2.)
IC 2-2.1-1-12
Bills or resolutions; signatures; time for presentation to governor
Sec. 12. (a) This section applies only to those bills or jointresolutions which pass during the two days before the sine dieadjournment of a regular or special session of the general assembly.This section does not apply to bills passed during a regular technicalsession.
(b) The presiding officers of the house of representatives and thesenate shall sign each bill or joint resolution passed under Article 4,Section 25 of the Constitution of the State of Indiana as soon aspracticable, but not later than seven (7) calendar days after sine dieadjournment of the session of the general assembly at which the billwas passed.
(c) A bill that has been signed under subsection (b) must bepresented to the governor as soon as practicable, but not later thanseven (7) calendar days after sine die adjournment of the session ofthe general assembly at which the bill was passed.As added by P.L.3-1991, SEC.1. Amended by P.L.4-1995, SEC.8.
IC 2-2.1-1-13
Bills passed during regular technical session; signatures; time forpresentation to governor
Sec. 13. (a) This section applies only to bills passed during aregular technical session.
(b) The presiding officers of the house and senate shall sign eachbill passed under Article 4, Section 25 of the Constitution of theState of Indiana as soon as practicable, but not later than the nextbusiness day after sine die adjournment of the regular technicalsession at which the bill was passed.
(c) A bill that has been signed under subsection (b) must bepresented to the governor as soon as practicable, but not later thanthe second business day after sine die adjournment of the regulartechnical session at which the bill was passed.
As added by P.L.4-1995, SEC.9.