First Regular Session 118th General Assembly (2013)

Transcription

1 First Regular Sessin 118th General Assembl (2013) PRINTING ODE. Amendments: Whenever an existing statute (r a sectin f the Indiana nstitutin) is being amended, the text f the existing rvisin will aear in this stle te, additins will aear in this stle te, and deletins will aear in this stle te. Additins: Whenever a new statutr rvisin is being enacted (r a new cnstitutinal rvisin adted), the text f the new rvisin will aear in this stle te. Als, the wrd NEW will aear in that stle te in the intrductr clause f each SETION that adds a new rvisin t the Indiana de r the Indiana nstitutin. nflict recnciliatin: Text in a statute in this stle te r this stle te recnciles cnflicts between statutes enacted b the 2012 Regular Sessin f the General Assembl. SENATE ENROLLED AT N. 224 AN AT t amend the Indiana de cncerning the general assembl. Be it enacted b the General Assembl f the State f Indiana: SETION 1. I 2-8 IS ADDED TO THE INDIANA ODE AS A NEW ARTILE TO READ AS FOLLOWS [EFFETIVE JULY 1, 2013]: ARTILE 8. DELEGATES TO A ONVENTION ALLED UNDER ARTILE V OF THE ONSTITUTION OF THE UNITED STATES hater 1. General Prvisins Sec. 1. This article alies whenever an Article V cnventin is called. hater 2. Definitins Sec. 1. The definitins in this chater al thrughut this article. Sec. 2. "Alternate delegate" refers t an individual ainted as an alternate delegate as rvided b law. Sec. 3. "Article V cnventin" refers t a cnventin fr rsing amendments t the nstitutin f the United States called fr b the states under Article V f the nstitutin f the United States. Sec. 4. "Delegate" refers t an individual ainted as rvided b law t reresent Indiana at an Article V cnventin. Sec. 5. "Huse f reresentatives" refers t the huse f reresentatives f the general assembl. SEA 224 ncur+

2 2 Sec. 6. "Paired delegate" refers t the delegate with whm an alternate delegate is aired as rvided b law. Sec. 7. "Senate" refers t the senate f the general assembl. hater 3. Duties f Delegates and Alternate Delegates Sec. 1. (a) At the time delegates and alternate delegates are ainted, the general assembl shall adt a jint reslutin t rvide instructins t the delegates and alternate delegates regarding the fllwing: (1) The rules f rcedure. (2) An ther matter relating t the Article V cnventin that the general assembl cnsiders necessar. (b) The general assembl ma amend the instructins at an time b jint reslutin. Sec. 2. An alternate delegate: (1) shall act in the lace f the alternate delegate's aired delegate when the alternate delegate's aired delegate is absent frm the Article V cnventin; and (2) relaces the alternate delegate's aired delegate if the alternate delegate's aired delegate vacates the ffice. Sec. 3. A vte cast b a delegate r an alternate delegate at an Article V cnventin that is utside the sce f: (1) the instructins established b a jint reslutin adted under sectin 1 f this chater; r (2) the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin; is vid. Sec. 4. (a) A delegate r alternate delegate wh vtes r attemts t vte utside the sce f: (1) the instructins established b a jint reslutin adted under sectin 1 f this chater; r (2) the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin; frfeits the delegate's aintment b virtue f that vte r attemt t vte. (b) The aired alternate delegate f a delegate wh frfeits aintment under subsectin (a) becmes the delegate at the time SEA 224 ncur+

3 3 the frfeiture f the aintment ccurs. Sec. 5. The alicatin f the general assembl t call an Article V cnventin fr rsing amendments t the nstitutin f the United States ceases t be a cntinuing alicatin and shall be treated as having n effect if all f the delegates and alternate delegates vte r attemt t vte utside the sce f: (1) the instructins established b a jint reslutin adted under sectin 1 f this chater; r (2) the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin. Sec. 6. A delegate r alternate delegate wh knwingl r intentinall vtes r attemts t vte utside the sce f: (1) the instructins established b a jint reslutin adted under sectin 1 f this chater; r (2) the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin; cmmits a lass D feln. hater 4. Article V nventin Delegate Advisr Gru Sec. 1. As used in this chater, "advisr gru" refers t the Article V cnventin delegate advisr gru established b sectin 2 f this chater. Sec. 2. The Article V cnventin delegate advisr gru is established. Sec. 3. The advisr gru cnsists f the fllwing members: (1) The chief justice f the sureme curt. (2) The chief judge f the curt f aeals. (3) The judge f the tax curt. Sec. 4. The chief justice f the sureme curt is the chair f the advisr gru. Sec. 5. The advisr gru shall meet at the call f the chair. Sec. 6. The advisr gru shall establish the licies and rcedures that the advisr gru determines necessar t carr ut this chater. Sec. 7. (a) Un request f a delegate r alternate delegate, the advisr gru shall advise the delegate r alternate delegate whether there is reasn t believe that an actin r an attemt t SEA 224 ncur+

4 4 take an actin b a delegate r alternate delegate wuld: (1) vilate the instructins established b a jint reslutin adted under I ; r (2) exceed the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin. (b) The advisr gru ma render an advisr determinatin under this sectin in an summar manner cnsidered arriate b the advisr gru. (c) The advisr gru shall render an advisr determinatin under this sectin within twent-fur (24) hurs after receiving a request fr a determinatin. (d) The advisr gru shall transmit a c f an advisr determinatin under this sectin in the mst exeditius manner ssible t the delegate r alternative delegate wh requested the advisr determinatin. (e) If the advisr gru renders an advisr determinatin under this sectin, the advisr gru ma als take an actin ermitted under sectin 8 f this chater. Sec. 8. (a) On its wn mtin r un request f the seaker f the huse f reresentatives, the resident r temre f the senate, r the attrne general, the advisr gru shall advise the attrne general whether there is reasn t believe that a vte r an attemt t vte b a delegate r alternate delegate has: (1) vilated the instructins established b a jint reslutin adted under I ; r (2) exceeded the limits laced b the general assembl in a jint reslutin that calls fr an Article V cnventin fr the urse f rsing amendments t the nstitutin f the United States n the subjects and amendments that ma be cnsidered b the Article V cnventin. (b) The advisr gru shall issue the advisr determinatin under this sectin b ne (1) f the fllwing summar rcedures: (1) Withut ntice r an evidentiar rceeding. (2) After a hearing cnducted b the advisr gru. (c) The advisr gru shall render an advisr determinatin under this sectin within twent-fur (24) hurs after receiving a request fr an advisr determinatin. (d) The advisr gru shall transmit a c f an advisr determinatin under this sectin in the mst exeditius manner SEA 224 ncur+

5 5 ssible t the attrne general. Sec. 9. Immediatel, un receit f an advisr determinatin under sectin 8 f this chater that finds that a vte r attemt t vte b a delegate r alternate delegate is a vilatin described in sectin 8(a)(1) f this chater r in excess f the authrit f the delegate r alternate delegate, as described in sectin 8(a)(2) f this chater, the attrne general shall infrm the delegates, alternate delegates, the seaker f the huse f reresentatives, the resident r temre f the senate, and the Article V cnventin that: (1) the vte r attemt t vte did nt cml with Indiana law, is vid, and has n effect; and (2) the credentials f the delegate r alternate delegate wh is the subject f the determinatin are revked. SETION 2. I , AS AMENDED BY P.L , SETION 6, IS AMENDED TO READ AS FOLLOWS [EFFETIVE JULY 1, 2013]: Sec The attrne general has cncurrent jurisdictin with the rsecuting attrne in the rsecutin f the fllwing: (1) Actins in which a ersn is accused f cmmitting, while a member f an unlawful assembl as defined in I , a hmicide (I ). (2) Actins in which a ersn is accused f assisting a criminal (I ), if the ersn alleged t have been assisted is a ersn described in subdivisin (1). (3) Actins in which a sheriff is accused f an ffense that invlves a failure t rtect the life f a risner in the sheriff's custd. (4) Actins in which a vilatin f I (cncerning cnstitutinal cnventin delegates) has ccurred. SETION 3. I IS ADDED TO THE INDIANA ODE AS A NEW SETION TO READ AS FOLLOWS [EFFETIVE JULY 1, 2013]: Sec. 7. A ersn ma be tried fr a vilatin f I in: (1) Marin unt; r (2) the cunt where the ersn resides. SETION 4. I , AS ADDED BY P.L , SETION 1, IS AMENDED TO READ AS FOLLOWS [EFFETIVE JULY 1, 2013]: Sec. 1. The fllwing statutes define crimes in I 2: I (ncerning legislative investigatins). I (ncerning lbbing). I (ncerning lbbing). I (ncerning lbbing). SEA 224 ncur+

6 6 I (ncerning cnstitutinal cnventin delegates). SEA 224 ncur+

7 President f the Senate President Pr Temre Seaker f the Huse f Reresentatives Gvernr f the State f Indiana Date: Time: SEA 224 ncur+