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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.
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. Special sessions of the General Assembly are rarely called, only thirteen have been called, whereas there have been 192 regular session.
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.
Checks and balances
There are several checks and balances built into the Constitution of Indiana 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.
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. Bills are debated and passed separately by each house, but must be passed by both houses before they can submitted to the governor. 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.
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.
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.
Indiana Senate
Main article: Indiana SenateThe Indiana State Senate consists of 50 members elected to 4-year terms. The Lieutenant Governor, who was Becky Skillman in 2008, 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 had a Republican majority. The Senate offices and chamber are located in the west wing of the Indiana Statehouse.
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.
Terms
Article 4 Section 3 of the constitution of Indiana places several limitation on the size and composition of the senate.
- 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.
Qualifications
Article 4 Section 7 of the Constitution of Indiana states the qualifications to become a senator.
- Must have been a United States Citizen for a minimum of two years prior to his candidacy
- Must have been resident of the district which he seeks to represent for one year
- Must be at least 25 years of age when he sworn into office.
- Cannot hold any other public office in the state or federal government during a senate term
2008 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 |
Indiana House of Representatives
Main article: Indiana House of RepresentativesThe 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.
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.
Terms
Article 4 Section 3 of the Constitution of Indiana places several limitation on the size and composition of the House of Representatives.
- The term lasts two years
- All representatives are elected in the same election
- There is no limit to how many terms a representative may serve.
Qualifications
Article 4 Section 7 of the Constitution of Indiana states the qualifications to become a representative.
- Must have been a United States Citizen for a minimum of two years prior to his candidacy
- Must have been resident of the district which he seeks to represent for one year
- Must be at least 21 years of age when he sworn into office.
- Cannot hold any other public office in the state or federal government during their term
2008 Leadership
| Position | Name | Party |
|---|---|---|
| Speaker of the House | B. Patrick Bauer | Democratic |
| Majority Leader | Russ Stilwell | Democratic |
| Minority Leader | Brian Bosma | Republican |
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. They 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.
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. The General Assembly was faced with low tax revenues and they 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 dedicated statehouse.
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.
In 1851 a new state constitution was created and ratified. Among its new clauses, the new constitution extended the terms of representatives to two years and senators to four years. The new constitution changed the way the legislature met. Instead of meeting annually, the General Assembly would convene a session every two years. It also placed new limits on the General Assembly's power to create local laws. In 1858 Governor Ashbel P. Willard called the first special session of the General Assembly because they had been unable to pass an appropriations bill.
During the 1860s and the American Civil War the legislature was the scene of intense debate. At the beginning of the war, The General Assembly was controlled by southern sympathetic Democrats. Governor Oliver Morton and the minority party were able to prevent the General Assembly 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.
During the 1880s and 1890s Indiana Industry began to grow rapidly leading to the creation of many labor unions and return to Democrat control in the General Assembly. During those decades the General Assembly enacted a series of laws to protect the rights of workers and encourage more industrial growth. The women's suffrage movement also began in the state and rallies were held in Indianapolis to support the female suffrage legislation that was ultimately voted down in the General Assembly.
During the 1907 the General Assembly made Indiana the first state to enact eugenics legislation that remained in effect until 1921. The law led to the forced sterilization of thousands of criminals until it was ruled unconstitutional by the Supreme Court of Indiana. Scandal erupted in 1925 when it was discovered that the Klu Klux Klan controlled over half the seats in the General Assembly. During the session Grand Dragon D. C. Stephenson boasted "I am the law in Indiana]]. During the next two years the federal government intervened removing much of the Klan's power.
In the 1930s the General Assembly established the state's first general welfare programs to help the poor affected by the Great Depression. The General Assembly passed the nations first DUI laws in 1939, establishing a blood alcohol level of .15 as the legal limit. The 1940s led to the first black being elected to the senate and legislation that desegregated the public schools in 1949.
In 1962 the General Assembly established the state's first sales tax at two percent. The new revenues from the tax led to a host of new projects across the state. The General Assembly also passed the Indiana Civil Rights bill in 1963 granting equal protection to minorities in seeking employment. In 1970 a series of constitutional recommended were passed, among them was one that authorized the General Assembly to meet annually instead of bi-annually.
During the 1988 the Indiana House of Representatives was split evenly between both parties for the first time in Indiana's history. After a period of negotiations, both parties agreed to share majority powers alternating which party controlled the position of speaker each day. The same General Assembly legalized horse racing in the state in 1989.
The a special session of the General Assembly was called in 1992 by Governor Evan Bayh because no budget had been passed in the regular session. During the special session the the General Assembly passed the budget and also legalized riverboat casinos to operate in the state, overriding the governors veto. 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.
See also
References
- ^ Indiana Constitution Article 4, Section 9
- ^ Indiana Constitution Article 4
- Indiana Constitution Article 4, Section 8
- ^ Indiana Constitution Article 4, section 10.
- ^ "Standing Committees". IN.gov. Retrieved 2008-06-09.
- ^ "Senate Republican Leadership". IN.gov. Retrieved 2008-06-11.
- ^ "Senate Democrat Leadership". IN.gov. Retrieved 2008-06-11.
- ^ "House Democrats - House Leaders". IN.gov. Retrieved 2008-06-11.
- "House Republicans - Leadership". IN.gov. Retrieved 2008-06-11.
- "Indiana History Chapter three". Indiana Center For History. Retrieved 2008-05-17.
- "Indiana History Chapter three". Indiana Center For History. Retrieved 2008-05-17.
- Indiana Historical Bureau. "The State House Story". IN.gov. Retrieved 2008-05-17.
- Goodrich, De Witt C. & Tuttle, Charles Richard (1875). An Illustrated History of the State of Indiana. R. S. Peale & co. pp. 189–192.
{{cite book}}: CS1 maint: multiple names: authors list (link) - ^ "A historic look back at the Statehouse". The Indianapolis Star. Jan. 9, 2005. Retrieved 2008-06-18.
{{cite web}}: Check date values in:|year=(help)CS1 maint: year (link) - Thornbrough, Emma (1991). Indiana in the Civil War Era: 1850-1880. Indiana Historical
Society. pp. 140–156. ISBN 0871950502.
{{cite book}}: line feed character in|publisher=at position 19 (help) - Gray, Ralph D. (1995). pages=193 Indiana History: A Book of Readings. Indiana: Indiana University Press. ISBN 025332629X.
{{cite book}}: Check|url=value (help); Missing pipe in:|url=(help) - Williams v. Smith, 131 NE 2 (Ind.), 1921, text at
- Gray, Ralph D. (1995). pages=391–392 Indiana History: A Book of Readings. Indiana: Indiana University Press. ISBN 025332629X.
{{cite book}}: Check|url=value (help); Missing pipe in:|url=(help) - "Governor Signs Property Tax Reform" (PDF). IN.gov. Retrieved 2008-06-05.