LEGISLATIVE COUNCIL RESOLUTION 98-1
(Adopted April 27, 1998)

BE IT RESOLVED BY THE INDIANA LEGISLATIVE COUNCIL:

POLICIES GOVERNING STUDY COMMITTEES


    SECTION 1. DEFINITIONS. (a) For the purposes of this resolution, "study committee" means a committee or commission which:
    (1) has been established by the Legislative Council or statute;
    (2) is chaired by a member of the General Assembly, and;
    (3) has members of the General Assembly serving as at least one-half of its voting membership.

    (b) "Study committee" also means a committee or commission which meets the criteria specified in subsection (a), subdivisions (1) and (2), and which is required by law to be staffed by the Legislative Services Agency.

    (c) "Study committee" also includes a committee or commission:
    (1) which is required by law to operate under procedures or policies established     by the Legislative Council;
    (2) whose chairman by law must be selected by the Chairman of the Legislative      Council, the Speaker of the House, or the President Pro Tempore of the Senate;     or,
    (3) which is comprised of standing committees of both the House and Senate.

    SECTION 2. APPLICATION AND INTERPRETATION OF RESOLUTION. (a) Study committees as defined in SECTION 1 of this resolution are under the jurisdiction of the Legislative Council. The Legislative Services Agency shall provide staff support to those committees.     

    (b) In the event of a conflict between a statute governing a study committee and a provision of this resolution, that statute supersedes such a provision only to the extent of the conflict. If the statute in question is silent with regard to a provision of this resolution, this resolution prevails.

    SECTION 2A. TERMS OF CERTAIN COMMITTEE CHAIRMANSHIPS. Unless otherwise provided by a statute or by Council resolution , the appointment of a chairman of a statutory or Council-created study committee expires on December 31 of the year in which the chairman is appointed.

    SECTION 2B. CREATION OF SUBCOMMITTEES PROHIBITED. Unless required or specifically authorized by statute, or authorized by the Legislative Council, a study committee chairman may not create subcommittees. The chairman of a subcommittee must be a

legislator member of the committee from whose membership the subcommittee is formed.

    SECTION 3. PER DIEM AND MILEAGE AUTHORIZATION. (a) The Legislative Services Agency is authorized to pay per diem and mileage or travel allowances, in the amounts provided by SEA 6-1997(ss) to:
    (1) any member of the General Assembly who is appointed by the Governor, the      Speaker of the House, President or President Pro Tempore of the Senate, House or Senate Minority Floor Leader, or the Legislative Council, to serve on any     board or commission or on any research, study, or survey committee and who     attends a meeting of that body;
    (2) any member of the General Assembly who attends an out-of-state meeting as      authorized by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, as the case may be; and,
    (3) any person who is not a member of the General Assembly, but who is appointed by the Governor, Speaker of the House of Representatives, President or President Pro Tempore of the Senate, House or Senate Minority Floor Leader, or Legislative Council to serve on any study committee under the jurisdiction of the Legislative Council and who attends a meeting of that committee.

    (b) In addition to per diem and mileage, a lay member may request lodging reimbursement not to exceed a total of $65 per night (inclusive of all applicable hotel taxes) for in-state committee meetings held outside of Marion County.

    SECTION 4. STUDY COMMITTEE MEETING DEADLINE. (a) With respect to the 1998 interim, per diem and mileage or travel allowances may be paid for attendance at a meeting of a study committee only if: (1) the meeting is held before November 1, 1998 or (2) the meeting is held after October 31, 1998, and the committee chairman has obtained the written approval of the Legislative Council Chairman and Vice-Chairman for that meeting. This subsection does not apply to the Legislative Council.

    (b) Notwithstanding subsection (a), a study committee created by statute may meet after October 31, 1998, if that statute requires, permits, or implies that meetings may be held during other times of the year. However, such a committee still may not exceed the budgets established in SECTION 5 (a) or (b) without the approvals required in that SECTION. Further, the Executive Director of the Legislative Services Agency may withdraw staff support from committees which propose to meet after the first session day in 1998, if in his opinion staff resources cannot reasonably be diverted from legislative session work.

    SECTION 5. FUNDING FOR STUDY COMMITTEES. (a) Except as provided in subsection (b), the total of per diem, mileage, and travel allowances plus any other items listed in subsection (c) paid for during the time periods described in subsections (d) and (e) with respect to the activities of a particular study committee, may not exceed $9,000 ("budget"), unless payments in excess of that amount are authorized in writing by the Legislative Council Chairman and Vice-Chairman.



    (b) Notwithstanding subsection (a), in the case of the Legislative Council and any study committee consisting of at least 16 members, payments may not exceed $18,500 ("budget"), unless payments in excess of that limit are authorized in writing by the Chairman and Vice- Chairman as provided in subsection (a).

    (c) Payments for the following are also chargeable against the budgets listed in subsections (a) and (b):
    (1) Payment of per diem, mileage, and travel allowances to Legislative Services      Agency committee staff when a committee meets outside Indianapolis;
    (2) Payment of any expert witness compensation approved under SECTION 7 of     this resolution; and
    (3) Payment for any special materials or publications purchased specifically for     use by a study committee.

If approved by the chairman, payments for other necessary expenses of a committee which are not specifically listed in subsection (a) or this subsection are also chargeable against a committee's budget.

    (d) The budget of a study committee created by the Legislative Council takes effect on adoption of this resolution, and expires on October 31, 1998, unless the committee is authorized under SECTION 4 of this resolution to meet after that time.

    (e) The budgets of any study committees created by statute during the 1998 regular legislative session take effect on the adoption of this resolution, and expire June 30, 1999. However, the budgets of study committees previously created by statute take effect on July 1, 1998, and expire June 30, 1999.

    SECTION 6. STUDY COMMITTEE DEADLINES. (a) Each study committee created by the Legislative Council shall submit a status report to the Council on or about September 15 if called upon to do so, and shall submit a final report to the Council within 10 working days after the final meeting of the study committee; however, the Council Chairman and Vice-Chairman may jointly extend the due date for a committee's final report beyond that 10-day period. The final report shall set forth in separate sections background information, the committee's findings, and its recommendations concerning the topics identified in its work program.

    (b) Study committees created by statute shall submit progress reports and final reports at such times and containing such information as the Council directs.

    (c) Study committees created by statute to which topics have been referred by the Council are requested to report their findings and recommendations to the Council within 10 working days after their final meeting for the interim. Requests for any minority reports on those topics must follow the procedures outlined in SECTION 10 of this resolution.


    SECTION 7. EXPERT WITNESS COMPENSATION. If a study committee wishes to compensate an expert witness for his or her services, the chairman must obtain the prior written approval of the Chairman of the Legislative Council.

    Requests for expert witness compensation must be submitted to the Chairman in writing, and must indicate the amount of honorarium (if any) and the estimated amount of expense reimbursement (travel and lodging) that is desired. Once approved, the honorarium (if any) and reimbursement will be paid from funds appropriated to the Legislative Council and the Legislative Services Agency and allocated to that committee, unless a study committee has its own appropriation.

    SECTION 8. STUDY COMMITTEE POLICY RECOMMENDATIONS. A study committee may not direct a public policy recommendation (except in its final report) to any public or private entity (except the Indiana House of Representatives, the Indiana Senate, or the Legislative Council) unless that committee has first obtained the written approval of the Personnel Subcommittee of the Legislative Council to do so.

    SECTION 9. TAKING ACTION BY STUDY COMMITTEES. Unless there are specific contrary provisions in a statute, a study committee may not recommend a final bill draft, or a final report, unless that draft or report has been approved by a majority of the voting members appointed to serve on that committee. All such votes taken by a study committee must be taken at a public meeting of the committee and shall be recorded in the committee's final report.

    SECTION 10. STUDY COMMITTEE MINORITY REPORTS. Legislative Services Agency study committee staff may not prepare a "minority report" for members of a study committee unless at least 4 legislator members of that committee jointly make such a request in writing to the Executive Director of the Legislative Services Agency. The request must be made within 5 working days after adoption of a final report, and the minority report must be completed by not later than 10 working days after the date the request is made. No more than 1 minority report may be prepared for any study committee.

    SECTION 11. DURATION OF THIS RESOLUTION. This resolution, as amended from time to time, remains in force until specifically repealed or superseded.

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