First Regular Session 118th General Assembly (2013)
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SENATE ENROLLED ACT No. 225
AN ACT to amend the Indiana Code concerning the general assembly.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-8.2; (13)SE0225.1.1. -->
SECTION 1. IC 2-8.2 IS ADDED TO THE INDIANA CODE AS A
ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
ARTICLE 8.2. DELEGATES TO A CONVENTION CALLED
UNDER ARTICLE V OF THE CONSTITUTION OF THE
Chapter 1. General Provisions
Sec. 1. This article applies whenever an Article V convention is
Chapter 2. Definitions
Sec. 1. The definitions in this chapter apply throughout this
Sec. 2. "Alternate delegate" refers to an individual appointed as
an alternate delegate as provided by law.
Sec. 3. "Article V convention" refers to a convention for
proposing amendments to the Constitution of the United States
called for by the states under Article V of the Constitution of the
Sec. 4. "Chamber" refers to either the house of representatives
or the senate.
Sec. 5. "Delegate" refers to an individual appointed as provided
by law to represent Indiana at an Article V convention.
Sec. 6. "House of representatives" refers to the house of
representatives of the general assembly.
Sec. 7. "Paired delegate" refers to the delegate with whom an
alternate delegate is paired as provided by law.
Sec. 8. "Senate" refers to the senate of the general assembly.
Chapter 3. Qualifications and Appointment of Delegates and
Sec. 1. (a) An individual must satisfy the following to be
appointed as a delegate to an Article V convention:
(1) The individual must reside in Indiana.
(2) The individual must be a registered voter in Indiana.
(3) The individual must be at least eighteen (18) years of age.
(4) The individual is not registered or required to be
registered as a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2
U.S.C. 1603, or rules or regulations adopted under any of
(b) An individual may not be appointed as a delegate if the
individual holds a federal office.
Sec. 2. An individual appointed as an alternate delegate must
have the same qualifications as an individual appointed as a
delegate under section 1 of this chapter.
Sec. 3. (a) Whenever an Article V convention is called, the
general assembly shall appoint:
(1) the number of delegates allocated to represent Indiana;
(2) an equal number of alternate delegates;
under rules adopted jointly by the house of representatives and the
senate. Unless established otherwise by the rules and procedures of
an Article V convention, it shall be assumed that Indiana has two
(2) delegates and two (2) alternate delegates designated to
(b) If the general assembly is not in session during the time
during which delegates to an Article V convention must be
appointed, the governor shall call the general assembly into special
session under Article 4, Section 9 of the Constitution of the State of
Indiana for the purpose of appointing delegates and alternate
Sec. 4. (a) To be appointed a delegate or an alternate delegate,
an individual must receive, in each chamber, the vote of a majority
of all the members elected to that chamber.
(b) At the time of appointment, each alternate delegate must be
paired with a delegate as provided in a joint resolution adopted by
the general assembly.
Sec. 5. The general assembly may recall any delegate or
alternate delegate and replace that delegate or alternate delegate
with an individual appointed under this article at any time.
Sec. 6. The general assembly shall appoint or recall delegates or
alternate delegates by joint resolution.
Sec. 7. (a) A delegate or an alternate delegate is:
(1) entitled to receive the same mileage and travel allowances
paid to individuals who serve as legislative members of
interim study committees established by the legislative
(2) not entitled to receive a salary or a per diem instead of
salary for serving as a delegate or alternate delegate.
(b) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, the position of delegate or alternate delegate is not
a lucrative office.
(c) All funds necessary to pay expenses under subsection (a)
shall be paid from appropriations to the legislative council and the
legislative services agency.
Sec. 8. Each delegate and alternate delegate shall, after
appointment and before the delegate or alternate delegate may
exercise any function as delegate or alternate delegate, execute an
oath in writing that the delegate or alternate delegate will:
(1) support the Constitution of the United States and the
Constitution of the State of Indiana;
(2) faithfully abide by and execute any instructions to
delegates and alternate delegates adopted by the general
assembly and as may be amended by the general assembly at
any time; and
(3) otherwise faithfully discharge the duties of delegate or
Sec. 9. (a) A delegate's or alternate delegate's executed oath
shall be filed with the secretary of state.
(b) After a delegate's or alternate delegate's oath is filed with
the secretary of state, the governor shall issue a commission to the
delegate or alternate delegate as provided in IC 4-3-1-5(2).
SEA 225 _ Concur
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