2016 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 8.2. DELEGATES TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES CHAPTER 5. ARTICLE V CONVENTION DELEGATE ADVISORY GROUP
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IC 2-8.2-5
Chapter 5. Article V Convention Delegate Advisory Group
IC 2-8.2-5-1
"Advisory group"
Sec. 1. As used in this chapter, "advisory group" refers to the
Article V convention delegate advisory group established by section
2 of this chapter.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-2
Article V convention delegate advisory group established
Sec. 2. The Article V convention delegate advisory group is
established.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-3
Advisory group membership
Sec. 3. The advisory group consists of the following members:
(1) The chief justice of the supreme court.
(2) The chief judge of the court of appeals.
(3) The judge of the tax court.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-4
Chair
Sec. 4. The chief justice of the supreme court is the chair of the
advisory group.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-5
Time of meeting
Sec. 5. The advisory group shall meet at the call of the chair.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-6
Policies and procedures
Sec. 6. The advisory group shall establish the policies and
procedures that the advisory group determines necessary to carry out
this chapter.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-7
Duty to advise upon request of delegate or alternate delegate
Sec. 7. (a) Upon request of a delegate or alternate delegate, the
advisory group shall advise the delegate or alternate delegate whether
there is reason to believe that an action or an attempt to take an
action by a delegate or alternate delegate would:
Indiana Code 2016
(1) violate the instructions established by a joint resolution
adopted under IC 2-8.2-4-1; or
(2) exceed the limits placed by the general assembly in a joint
resolution that calls for an Article V convention for the purpose
of proposing amendments to the Constitution of the United
States on the subjects and amendments that may be considered
by the Article V convention.
(b) The advisory group may render an advisory determination
under this section in any summary manner considered appropriate by
the advisory group.
(c) The advisory group shall render an advisory determination
under this section within twenty-four (24) hours after receiving a
request for a determination.
(d) The advisory group shall transmit a copy of an advisory
determination under this section in the most expeditious manner
possible to the delegate or alternative delegate who requested the
advisory determination.
(e) If the advisory group renders an advisory determination under
this section, the advisory group may also take an action permitted
under section 8 of this chapter.
As added by P.L.205-2013, SEC.52.
IC 2-8.2-5-8
Oversight of delegates with respect to instructions
Sec. 8. (a) On its own motion or upon request of the speaker of the
house of representatives, the president pro tempore of the senate, or
the attorney general, the advisory group shall advise the attorney
general whether there is reason to believe that a vote or an attempt to
vote by a delegate or alternate delegate has:
(1) violated the instructions established by a joint resolution
adopted under IC 2-8.2-4-1; or
(2) exceeded the limits placed by the general assembly in a joint
resolution that calls for an Article V convention for the purpose
of proposing amendments to the Constitution of the United
States on the subjects and amendments that may be considered
by the Article V convention.
(b) The advisory group shall issue the advisory determination
under this section by one (1) of the following summary procedures:
(1) Without notice or an evidentiary proceeding.
(2) After a hearing conducted by the advisory group.
(c) The advisory group shall render an advisory determination
under this section within twenty-four (24) hours after receiving a
request for an advisory determination.
(d) The advisory group shall transmit a copy of an advisory
determination under this section in the most expeditious manner
possible to the attorney general.
As added by P.L.205-2013, SEC.52.
Indiana Code 2016
IC 2-8.2-5-9
Advisory determination concerning a vote outside the scope of
instructions
Sec. 9. Immediately, upon receipt of an advisory determination
under section 8 of this chapter that finds that a vote or attempt to vote
by a delegate or alternate delegate is a violation described in section
8(a)(1) of this chapter or in excess of the authority of the delegate or
alternate delegate, as described in section 8(a)(2) of this chapter, the
attorney general shall inform the delegates, alternate delegates, the
speaker of the house of representatives, the president pro tempore of
the senate, and the Article V convention that:
(1) the vote or attempt to vote did not comply with Indiana law,
is void, and has no effect; and
(2) the credentials of the delegate or alternate delegate who is
the subject of the determination are revoked.
As added by P.L.205-2013, SEC.52.
Indiana Code 2016
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