(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 3. 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.
(b) 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 study committee whose members form all or
part of the subcommittee.
SECTION 6. STUDY COMMITTEE MEETING DEADLINE. (a) With respect to
the 2001 interim, per diem and mileage or travel allowances may be paid for attendance at a
meeting of a study committee only if the meeting is held before November 1, 2001. This
subsection does not apply to the Legislative Council or to a study committee created by statute,
if that statute specifically requires or permits meetings during other times of the year (a statutory
provision stating that a study committee shall meet upon the call of the chairman is not specific
authority for meetings after October 31, 2001).
(b) The Executive Director of the Legislative Services Agency may withdraw staff
support from committees which propose to meet after organization day for the 2002 Regular
Session, if in the Executive Director's opinion staff resources cannot reasonably be diverted from
legislative session work.
(b) Notwithstanding subsection (a), the budget of the Legislative Council and any study
committee consisting of at least 16 members is $18,500, unless a greater amount is authorized in
writing by the Chairman and Vice-Chairman.
(c) Payments for the following are chargeable against the budgets of study committees:
(e) The budgets of any study committees created by statute during the 2001 regular
legislative session take effect on the adoption of this resolution, and expire June 30, 2002.
However, the budgets of study committees previously created by statute take effect on July 1,
2001, and expire June 30, 2002.
SECTION 8. STUDY COMMITTEE REPORT 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 on those topics 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 12 of this resolution.
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 10. 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 11. TAKING ACTION BY STUDY COMMITTEES. (a) 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.
(b) A member of a study committee must be present at a meeting of the study committee
to cast a vote. Proxy votes are never in order at a study committee meeting.
(c) Absence from one or more meetings of a study committee does not disqualify a
member of the study committee from casting votes at a subsequent meeting.
SECTION 12. 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 13. LOCATION OF STUDY COMMITTEE MEETINGS HELD
OUTSIDE OF THE STATE HOUSE. If a study committee meeting is to be conducted at a site
other than the State House, the chairman of the study committee should select a site that
accommodates the needs of individuals with disabilities. However, this SECTION does not apply
to any part of a study committee meeting that consists of an on-site inspection of a project or
program.
SECTION 14. ISSUANCE OF SUBPOENA. A study committee does not have the
power to subpoena or otherwise compel the production of testimony or documents except to the
extent such power is specifically granted to the study committee by the Legislative Council
under IC 2-5-1.1.
SECTION 15. DURATION OF THIS RESOLUTION. This resolution, as amended
from time to time, remains in force until specifically repealed or superseded.
BE IT RESOLVED BY THE INDIANA LEGISLATIVE COUNCIL:
SECTION 1. DEFINITIONS. For the purposes of this resolution, "study committee"
means a committee or commission which has been established by the Legislative Council or
statute and:
(1) is chaired by a member of the General Assembly and has members of the General
Assembly serving as at least one-half of its voting membership;
(2) is required by law to be staffed by the Legislative Services Agency or to operate under
procedures or policies established by the Legislative Council;
(3) 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
(4) 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 as directed by the Legislative Council.
SECTION 4. CREATION OF SUBCOMMITTEES PROHIBITED. (a) As used in
this section, “subcommittee” refers to any entity consisting wholly or partially of a subset of
members of a study committee.
(c) Notwithstanding subsection (b), a study committee chair may establish informal work
groups made up of study committee members so long as the work groups operate as follows:
(1) No official action will be taken by a work group. The work group may report on its
activities to the full study committee.
(2) The Legislative Services Agency will not staff or take minutes during a work group
meeting.
(3) A lay member of a study committee is not entitled to a per diem or any expense
reimbursement for activities related to the work group.
(4) A legislative member of a study committee may request the Senate or House to
receive a per diem and other expense reimbursement for activities related to the work
group.
SECTION 5. 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 law, 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 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 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 7. FUNDING FOR STUDY COMMITTEES. (a) The budget of a study
committee is $9,000, unless a greater amount is authorized in writing by the Legislative Council
Chairman and Vice-Chairman.
(1) Payment of per diem, mileage, or travel allowances as permitted by SECTION 5 of
this resolution.
(2) Payment of per diem, mileage, and travel allowances to Legislative Services
Agency committee staff when a committee meets outside Indianapolis;
(3) Payment of any expert witness compensation approved under SECTION 9 of this
resolution.
(4) Payment for any special materials or publications purchased specifically for use by a
study committee.
(5) If approved by the chairman, payments for other necessary expenses of a committee.
(d) The budget of a study committee created by the Legislative Council takes effect on
adoption of this resolution, and expires on October 31, 2001.
SECTION 9. 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.