Indiana General Assembly

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The Indiana State House in Indianapolis
The Indiana State House in Indianapolis

The Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. It is a bicameral legislature that consists of a lower house, the Indiana House of Representatives, and an upper house, the Indiana Senate. The General Assembly meets annually at the Indiana Statehouse in Indianapolis.

Contents

[edit] Powers

The authority and powers of the Indiana General Assembly are established in the Constitution of Indiana. The General Assembly has sole legislative power within the state government. The body is made up of two houses, the House or Representatives and the Senate. Each house can initiate legislation with the exception that the Senate is not permitted to initiate legislation that will effect revenue.[1] Bills are debated and passed separately by each house, but must be passed by both houses before they can submitted to the governor.[2] Each law passed by the General Assembly must be applied to the entire state, the General Assembly has no authority to create legislation that is only carried out in a portion of the state.[2]

The General Assembly has the authority to regulate the state's judiciary system by setting the size of the courts and the bounds of their authority. The General Assembly also has the authority to monitor the activities of the executive branch of the state government. The General Assembly also has limited power to regulate the county governments within the state and has sole power to initiate the process to amend the state constitution.[2]

Under Indiana law, legislators cannot be arrested while the General Assembly is in session unless the crime they commit is treason, a felony, or breach of the peace.

[edit] Structure

Indiana has a part-time legislature, which means that it does not meet year-round. The General Assembly convenes on the first Tuesday after the first Monday in January. (The Assembly also holds an Organization Day in mid-November to allow newly-elected members to be sworn into office. This day is always counted as the first day of the upcoming legislative session.) During odd-numbered years the legislature meets for 61 days (not necessarily consecutively) and must be adjourned by April 30. This is referred to as a long session. During even-numbered years the legislature meets for 30 days (not necessarily consecutively) and must be adjourned by March 15. This is referred to as a short session. The General Assembly may not adjourn for more than three days with a resolution in both houses. The governor has th authority to convene a special session if legislators are unable to complete necessary work within time alloted in standard sessions.[3]

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The General Assembly delegates are elected from districts. Every ten years the districts are realigned by the General Assembly using information from the US Census Bureau to ensure each district is roughly equal in population. This districting is done to comply with the United States Supreme Court ruling in Reynolds v. Sims.

[edit] Checks and balances

There are several checks and balances built into the state constitution that limit the power of the General Assembly by allowing the other branches of the government to influence the body. Other clauses allow the General Assembly to influence the other branches of the government.

Among these, the Governor has the authority to veto any bill passed by the General Assembly. The General Assembly may in turn override his veto by a passing the law with a super majority, two thirds of the members of each house. Once the bill is made law it can be challenged in the state courts who may rule that the law unconstitutional. The General Assembly could then override the courts by amending the state constitution.[2]

[edit] Indiana State Senate

Main article: Indiana State Senate

The Indiana State Senate consists of 50 members elected to 4-year terms. The Lieutenant Governor, currently Becky Skillman, presides over the senate while it is in session and casts the deciding vote in the event of a tie. The 2008 Senate Pro Tempore is Sen. David Long of Fort Wayne. The 2008 Senate has a Republican majority. The Senate offices and chamber are located in the west wing of the Indiana Statehouse.[4]

The Senate is subdivided into several committees that are charged with overseeing certain areas of the state. Senate committees vary in size with between three and eleven members. The committees are chaired by a senior member of the majority party. Most legislation begin within the committees who have oversight of the area the bill will effect. Once approved by a committee, a bill can be voted on by the full Senate.[5]

[edit] Terms

Article 4 Section 3 of the constitution of Indiana places several limitation on the size and composition of the senate.[2]

  • The senate can contain no more than fifty members.
  • The term of a senator lasts four years with 25 senators being elected every two years.
  • There is no limit to how many terms a senator may be elected to.

[edit] Qualifications

Article 4 Section 7 of the Constitution of Indiana states the qualifications to become a senator.[2]

  • The candidate must have been a United States Citizen for a minimum of two years prior to his candidacy.
  • The candidate must have been resident of the district which he seeks to represent for one year.
  • The candidate must be at least 25 years of age when he sworn into office.
  • The candidate cannot hold any other public office in the state or federal government during a senate term.

[edit] Leadership

Position Name Party
President of the Senate/Lieutenant Governor Becky Skillman Republican
President Pro Tempore David C. Long Republican
Majority Leader Connie Lawson Republican
Majority Whip Brandt Hershman Republican
Minority Leader Richard D. Young Democratic
Minority Whip Lindel Hume Democratic

[edit] Indiana House of Representatives

The Indiana House of Representatives consists of 100 members elected to 2-year terms. In 2008 the Speaker of the House was B. Patrick Bauer. in 2008 house had a Democratic majority with 51 Democratic representatives and 49 Republican representatives. The House offices and chamber are located in the east wing of the Indiana Statehouse.[4]

The House is subdivided into several committees that are charged with overseeing certain areas of the state. The committees are chaired by a senior member of the majority party. Most House legislation begins within the committees who have are oversight of the area the bill will effect. Once approved by a committee a bill can be voted on by the full House.[5]

[edit] Terms

Article 4 Section 3 of the constitution of Indiana places several limitation on the size and composition of the House of Representatives.[2]

  • The term of a representative lasts two years
  • All representatives are elected during the same election
  • There is no limit to how many terms a representative may serve.

[edit] Qualifications

Article 4 Section 7 of the Constitution of Indiana states the qualifications to become a representative.[2]

  • The candidate must have been a United States Citizen for a minimum of two years prior to his candidacy.
  • The candidate must have been resident of the district which he seeks to represent for one year.
  • The candidate must be at least 21 years of age when he sworn into office.
  • The candidate cannot hold any other public office in the state or federal government during their term.

[edit] Leadership

Position Name Party
Speaker of the House B. Patrick Bauer Democratic
Majority Leader Russ Stilwell Democratic
Minority Leader Brian Bosma Republican

[edit] History

Indiana's first constitution was ratified on June 10, 1816 and the election of the first General Assembly took place in November of that year. The legislature first convened in the original three room statehouse located in Corydon. There the first General Assembly began its development into the institution it is today. The first constitution provided that representatives served terms of one year and senators served terms of 3 years.[6]

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In its first two decades the General Assembly laid the foundation of the state. They created the framework for the state's public school system, began construction on the State Seminary, and began constructions on roads in the southern part of the state. Tax revenues were very low and the General Assembly created the First State Bank and sold nine million acres of public lands to finance their projects. The General Assembly choose to relocate the capitol to Indianapolis in 1824, and in 1831 they authorized the construction of the first statehouse that was solely for state use.[7] [8]

In the 1830s and 1840s the General Assembly set plans into motion to modernize the state. The wilderness of northern and central Indiana was slowly subdued as the General Assembly approved the construction roads, canals, railroads, and numerous other infrastructure projects. This led the state to near bankruptcy in the late 1830s, but it was avoided when the General Assembly spun off the failing canals and their debts into a private company.[9]

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In 1851 a new state constitution was created and ratified. The new constitution extended the terms of representatives to two years and senators to four years. It also placed new limits on the General Assembly's power to create local laws.

During the 1860s and the American Civil War the legislature was scene of intense debate. The General Assembly was controlled by the Democrats at the beginning of the war and they were southern sympathizers. Governor Oliver Morton and the minority party were able to prevent the legislature from meeting in 1862 and 1863 by denying the body quorum. Morton even had some member of the body arrested or detained on suspicions of disloyalty. The lack of funding created by this crisis again led to the near bankruptcy of the state. In 1864 the Republicans returned to power and convened the General Assembly to remedy the state's funding problems.[10]

In the 1930s the General Assembly established the state's first general welfare programs to help the poor affected by the Great Depression. In 1962 the General Assembly established the state's first sales tax at two percent. The General Assembly also passed the Indiana Civil Rights bill in 1963.[11]

The General Assembly passed landmark property tax reform legislation in 2008 capping Indiana property taxes at one percent, making Indiana one of the lowest property tax location in the nation.[12]

[edit] See Also

[edit] References

  1. ^ Indiana Constitution Article 4, Section 8
  2. ^ a b c d e f g h Indiana Constitution Article 4
  3. ^ Indiana Constitution Article 4, Section 9
  4. ^ a b Indiana Constitution Article 4, section 10.
  5. ^ a b Standing Committees. IN.gov. Retrieved on 2008-06-09.
  6. ^ Indiana History Chapter three. Indiana Center For History. Retrieved on 2008-05-17.
  7. ^ Indiana History Chapter three. Indiana Center For History. Retrieved on 2008-05-17.
  8. ^ Indiana Historical Bureau. The State House Story. IN.gov. Retrieved on 2008-05-17.
  9. ^ Goodrich, De Witt C. & Tuttle, Charles Richard (1875). An Illustrated History of the State of Indiana. R. S. Peale & co., 189–192. 
  10. ^ Thornbrough, Emma (1991). Indiana in the Civil War Era: 1850-1880. Indiana Historical Society, 140-156. ISBN 0871950502. 
  11. ^ Gray, Ralph D. (1995). pages=391-392 Indiana History: A Book of Readings. Indiana: Indiana University Press. ISBN 025332629X. 
  12. ^ Governor Signs Property Tax Reform. IN.gov. Retrieved on 2008-06-05.

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