Citations Affected: IC 1-1; IC 4-5-1-11.
Synopsis: Veto override procedures. Requires the clerk of the house
of representatives and the secretary of the senate to: (1) maintain a list
of vetoed bills that have been returned to the general assembly; and (2)
present a message to the house of representatives and the senate
identifying the vetoed bills that are eligible for reconsideration.
Requires the general assembly to file acts passed by the general
assembly over the governor's veto with the secretary of state. Requires
the secretary of state to maintain a list of acts filed with the secretary
of state.
Effective: Upon passage.
January 8, 2004, read first time and referred to Committee on Rules and Legislative
Procedure.
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions.
SECTION 1. IC 1-1-3-4 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]: Sec. 4. (a) The principal clerk of the house of
representatives shall maintain a list of the bills that originated in
the house of representatives, and the principal secretary of the
senate shall maintain a list of the bills that originated in the senate
and that have been:
(1) passed by the general assembly;
(2) vetoed by the governor; and
(3) returned by the governor to the chamber of origin, as
required by Article 5, Section 14 of the Constitution of the
State of Indiana.
Each list must identify the bill number of the bill, its title, the
session in which it was passed, the date the bill was vetoed (if
known), and the date on which the bill was physically received. The
list may contain any other information determined appropriate.
(b) A list described in subsection (a) may be maintained in hard
copy form or in a form retrievable through a computer or other
machine readable interface, or both. If maintained for computer or
other machine retrieval, a list may be maintained in the form of a
document or a database. The general assembly and the secretary
of state may maintain a common list or interface to comply with
this section and IC 4-5-1-11. Any computer or other machine
retrieval interface must be designed to allow the public to readily
determine whether a bill has been vetoed and whether it has been
returned to the general assembly.
(c) On the first day of each regular session, the principal
secretary of the senate shall present a message to the president of
the senate for the purpose of reading the message into the journal.
The message must indicate whether any bill:
(1) originating in the senate; and
(2) vetoed by the governor;
was returned by the governor to the senate after the first day of the
immediately preceding regular session. If any bill was returned, the
message must identify the bill and the date when it was physically
received by the principal secretary of the senate. The message may
include any other information determined appropriate.
(d) On the first day of each regular session, the principal clerk
of the house of representatives shall present a message to the
speaker of the house of representatives for the purpose of reading
the message into the journal. The message must indicate whether
any bill:
(1) originating in the house of representatives; and
(2) vetoed by the governor;
was returned by the governor to the house of representatives after
the first day of the immediately preceding regular session. If any
bill was returned, the message must identify the bill and the date
when it was physically received by the principal clerk of the house
of representatives. The message may include any other information
determined appropriate.
SECTION 2. IC 1-1-3.1-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. Every act passed by the general assembly
over the governor's veto under Article 5, Section 14 of the
Constitution of the State of Indiana shall be filed with the secretary
of state for safekeeping and preservation under IC 4-5-1-2.
SECTION 3. IC 4-5-1-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The secretary of state shall maintain
a list of the acts passed by the general assembly that are filed with
the secretary of state. The list must include the following
information:
(1) The bill number of the act.
(2) The public law number of the act.
(3) The title of the act.
(4) The session in which it was passed.
(5) An indication of whether the act was filed:
(A) with the signature of the governor;
(B) without the signature of the governor; or
(C) after the act was passed by the general assembly over
the governor's veto under Article 5, Section 14 of the
Constitution of the State of Indiana.
(6) The date when it was filed with the secretary of state.
The list may include any other information determined
appropriate.
(b) The list may be maintained in hard copy form or in a form
retrievable through a computer or other machine readable
interface, or both. If maintained for computer or other machine
retrieval, the list may be maintained in the form of a document or
a database. The general assembly and the secretary of state may
maintain a common list or interface to comply with IC 1-1-3-4 and
this section. Any computer or other machine retrieval interface
must be designed to allow the public to readily determine when the
act was filed.
SECTION 4. [EFFECTIVE UPON PASSAGE] IC 1-1-3-4,
IC 1-1-3.1-6, and IC 4-5-1-11, all as added by this act, apply only
to bills passed by the general assembly after November 17, 2003.
SECTION 5. An emergency is declared for this act.