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Indiana General Assembly > Bill Drafting Manual > Chapter 4. Joint Resolutions Chapter 4. Joint Resolutions

A. AMENDING THE CONSTITUTION OF THE STATE OF INDIANA

(1) Introduction

Amendments to the Constitution of the State of Indiana must be agreed to by two separately elected general assemblies. Once a joint resolution has passed one general assembly, it must then be presented to a second general assembly. If agreed to by the second general assembly, the amendment must be placed on the state election ballot and ratified by a majority of the voters (Article 16 of the Constitution of the State of Indiana).

(2) Printing Style Types

Amendments and additions to the Constitution of the State of Indiana are set forth in the same type style as are amendments and additions to the Indiana Code.

(3) Form

State the substance of the resolution and the action to date in the synopsis of the digest of a joint resolution. On the effective line of the digest, state the action still needed. The forms for first and second presentation are identical, except for differences in the digest and descriptive SECTION as noted:

(a) Digest

Example:

DIGEST

Citations Affected: Article ___, Section ___ of the Constitution of the State of Indiana.

Synopsis: Removes the ban on lotteries. This proposed amendment has been agreed to by one general assembly. [OR: This proposed amendment has not been previously agreed to by a general assembly.]

Effective: This proposed amendment must be agreed to by a second general assembly [OR: two consecutive general assemblies] and ratified by a majority of the state's voters voting on the question to be effective.

(b) Title

Amendment

A JOINT RESOLUTION proposing an amendment to Article ___, Section ___ of the Constitution of the State of Indiana concerning ___.

Addition

A JOINT RESOLUTION proposing an amendment to Article ___ of the Constitution of the State of Indiana by adding a new Section concerning ___.

Repealer

A JOINT RESOLUTION proposing an amendment by striking out Article ___, Section ___ of the Constitution of the State of Indiana.

[Note:The title upon second presentation is identical.]

(c) Resolving Clause

Be it resolved by the General Assembly of the State of Indiana:

[Note:The resolving clause upon second presentation is identical.]

(d) Body

Descriptive SECTION on First Presentation

SECTION 1. The following amendment to the Constitution of the State of Indiana is proposed and agreed to by this, the ___ [insert in words the number of that general assembly, e.g., One Hundred Seventh] General Assembly of the State of Indiana, and is referred to the next General Assembly for reconsideration and agreement.

Descriptive SECTION on Second Presentation

SECTION 1. The following proposed amendment to the Constitution of the State of Indiana, which was agreed to by the [insert in words the number of the preceding general assembly] General Assembly and referred to this General Assembly for reconsideration and agreement, is agreed to by this the ___ [insert in words the number of the current general assembly] ___ General Assembly of the State of Indiana.

Amendatory Provisions

(i) Amendment

SECTION 2. ARTICLE ___, SECTION ___ OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section ___ [insert a number] ___ [insert the actual amended language of the Constitution].

(ii) Addition

SECTION 2. ARTICLE ___ OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW SECTION TO READ AS FOLLOWS: Section ___ [insert a number] ___ [insert the new section's text].

(iii) Repealer

SECTION 2. THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY STRIKING OUT ARTICLE ___, SECTION ___

[Note:The only difference between the first and second presentation in the body is in the descriptive section.]

B. RATIFYING A PROPOSED AMENDMENT TO THE UNITED STATES CONSTITUTION

To ratify a proposed amendment to the United States Constitution under Article V of the United States Constitution, the form is as follows:

DIGEST

Citations Affected: Article ___, Section ___, Clause ___ of the United States Constitution.

Synopsis: [Insert a brief description of the proposed change]

Effective: This United States Constitutional amendment must be ratified by 3/4 of the states to be effective.

A JOINT RESOLUTION providing for ratification of the proposed amendment to the Constitution of the United States concerning ___ [insert in concise terms the subject matter of the proposed change].

Whereas, Both Houses of the ___ [insert in words the number of the particular United States Congress, i.e., One Hundredth, etc.] ___ Congress of the United States of America, at the ___ [insert the number of that session] session of that Congress, adopted a Joint Resolution proposing to amend the Constitution of the United States in the following words:

"JOINT RESOLUTION

[Insert in quotation marks the EXACT text of the official document furnished by the federal General Services Administration]

"

Be it resolved by the General Assembly of the State of Indiana:

SECTION 1. That this proposed amendment to the Constitution of the United States of America is ratified by the general assembly of the State of Indiana.

SECTION 2. That certified copies of this Joint Resolution be forwarded by the Governor of Indiana to the Administrator of General Services, as required by 1 U.S.C. 106(b), as well as to the Secretary of State of the United States, to the President of the United States Senate, and to the Speaker of the House of Representatives of the United States.

C. CALLING A UNITED STATES CONSTITUTIONAL CONVENTION

Article V of the United States Constitution provides for two approaches to calling a constitutional convention to consider an amendment to the United States Constitution:

(1) Approach 1: Specific Language

DIGEST

Citations Affected: Article ___, Section ___, Clause ___ of the United States Constitution.

Synopsis: [Insert a brief description of the proposed change]

Effective: A constitutional convention is called when two-thirds of the state legislatures make application to the Congress to call a constitutional convention to consider an amendment to the Constitution of the United States.

A JOINT RESOLUTION directing the United States Congress to call a constitutional convention to propose an amendment to the Constitution of the United States concerning ___ [insert in concise terms the subject matter of the proposed amendment].

Be it resolved by the General Assembly of the State of Indiana:

SECTION 1. That the Congress of the United States is directed to call a constitutional convention for the purpose of proposing the following amendment to the Constitution of the United States:

"ARTICLE ...

[Insert in quotation marks the text of the proposed amendment]".

SECTION 2. That certified copies of this resolution be sent to the presiding officers of the Congress of the United States, to the Secretary of the Senate and the Clerk of the United States House of Representatives, and to the presiding officer of each chamber of each state legislature in the United States [and, possibly, to the members of the Congress of the United States from Indiana].

(2) Approach 2: General Subject Matter

DIGEST

Citations Affected: Article ___, Section ___, Clause ___ of the United States Constitution.

Synopsis: [Insert a brief description of the proposed change]

Effective: A constitutional convention is called when 2/3 of the state legislatures make application to the Congress to call a constitutional convention to consider an amendment to the Constitution of the United States.

A JOINT RESOLUTION requesting the Congress to call a constitutional convention for the purpose of proposing an amendment to the Constitution of the United States concerning ___ [insert in concise terms the subject of the proposed amendment].

Be it resolved by the General Assembly of the State of Indiana:

SECTION 1. That the general assembly of the State of Indiana makes application to the Congress of the United States for a convention under Article V of the Constitution of the United States for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States ___ [insert in general terms a description of the purpose of the amendment].

SECTION 2. That certified copies of this resolution be sent to the presiding officers of the Congress of the United States, to the Secretary of the Senate and the Clerk of the United States House of Representatives, and to the presiding officer of each chamber of each state legislature in the United States [and, possibly, to the members of the Congress of the United States from Indiana].

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