Indiana § 2-7-7-8 - Subpoenas

§ 2-7-7-8. Subpoenas

Sec. 8. (a) Upon the affirmative vote of three (3) members of the commission, the commission may request from the legislative council the authority to compel either or both of the following by subpoena:

(1) The attendance and testimony of witnesses.

(2) The production of documents.

(b) If the legislative council authorizes the commission to issue subpoenas after a request under subsection (a), the circuit or superior court of the county where a subpoena is to be served shall enforce the subpoena.

As added by P.L.9-1993, SEC.17.

IC 2-8ARTICLE 8. REPEALEDRepealed by P.L.205-2013, SEC.49.

IC 2-8.2ARTICLE 8.2. COMMISSIONERS TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES

Ch. 1.General Provisions Ch. 2.Definitions Ch. 3.Qualifications and Appointment of Commissioners and Alternate Delegates Ch. 4.Duties of Commissioners and Alternate Commissioners Ch. 5.Article V Convention Commissioner Advisory Group

IC 2-8.2-1Chapter 1. General Provisions

2-8.2-1-1Application

IC 2-8.2-1-1Application Sec. 1. This article applies whenever an Article V convention is called.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-2Chapter 2. Definitions

2-8.2-2-1Application of definitions 2-8.2-2-2"Alternate commissioner" 2-8.2-2-3"Article V convention" 2-8.2-2-4"Chamber" 2-8.2-2-5"Commissioner" 2-8.2-2-5.5"Crime of moral turpitude" 2-8.2-2-6"House of representatives" 2-8.2-2-7"Paired commissioner" 2-8.2-2-8"Senate"

IC 2-8.2-2-1Application of definitions Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-2-2"Alternate commissioner" Sec. 2. "Alternate commissioner" refers to an individual appointed as an alternate commissioner as provided by law.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.1.

IC 2-8.2-2-3"Article V convention" Sec. 3. "Article V convention" refers to a convention for proposing amendments to the Constitution of the United States called for by the states under Article V of the Constitution of the United States.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-2-4"Chamber" Sec. 4. "Chamber" refers to either the house of representatives or the senate.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-2-5"Commissioner" Sec. 5. "Commissioner" refers to an individual appointed as provided by law to represent Indiana at an Article V convention.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.2.

IC 2-8.2-2-5.5"Crime of moral turpitude" Sec. 5.5. "Crime of moral turpitude" means the following:

(1) A crime of violence as defined in IC 35-31.5-2-79.

(2) A sex offense as defined in IC 11-8-8-5.2.

(3) A crime involving fraud or a false statement.

As added by P.L.41-2025, SEC.3. Amended by P.L.85-2026, SEC.2.

IC 2-8.2-2-6"House of representatives" Sec. 6. "House of representatives" refers to the house of representatives of the general assembly.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-2-7"Paired commissioner" Sec. 7. "Paired commissioner" refers to the commissioner with whom an alternate commissioner is paired as provided by law.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.4.

IC 2-8.2-2-8"Senate" Sec. 8. "Senate" refers to the senate of the general assembly.

As added by P.L.183-2013, SEC.1.

IC 2-8.2-3Chapter 3. Qualifications and Appointment of Commissioners and Alternate Commissioners

2-8.2-3-1Qualifications; commissioners 2-8.2-3-2Qualifications; alternate commissioners 2-8.2-3-3Appointment by general assembly 2-8.2-3-4Appointment by majority vote of each chamber; pairing of commissioners and alternate commissioners 2-8.2-3-5Recall; filling a vacancy 2-8.2-3-6Joint resolution; method of appointment and recall 2-8.2-3-7Reimbursement of expenses 2-8.2-3-8Oath 2-8.2-3-9Filing of oath 2-8.2-3-10Chair 2-8.2-3-11Prohibition of accepting a gratuity

IC 2-8.2-3-1Qualifications; commissioners Sec. 1. (a) An individual must satisfy the following to be appointed as a commissioner to an Article V convention:

(1) The individual must reside in Indiana and have resided in Indiana continuously for the past five (5) years.

(2) The individual must be a registered voter in Indiana.

(3) The individual must be at least eighteen (18) years of age.

(4) The individual:

(A) is not currently registered or required to be registered as a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2 U.S.C. 1603, or rules or regulations adopted under any of these laws; or

(B) has not been registered or required to be registered as a lobbyist under IC 2-2.1, IC 4-2-7, IC 4-2-8, 2 U.S.C. 1603, or rules or regulations adopted under any of these laws within the past five (5) years.

(5) The individual has not:

(A) been convicted of a crime of moral turpitude; or

(B) served any part of a felony sentence within the past ten (10) years;

under the laws of any state or the United States.

(b) An individual may not be appointed as a commissioner if the individual holds a federal office.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.5.

IC 2-8.2-3-2Qualifications; alternate commissioners Sec. 2. An individual appointed as an alternate commissioner must have the same qualifications as an individual appointed as a commissioner under section 1 of this chapter.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.6.

IC 2-8.2-3-3Appointment by general assembly Sec. 3. (a) Whenever an Article V convention is called, the general assembly shall appoint the number of commissioners allocated to represent Indiana under rules adopted jointly by the house of representatives and the senate. Unless established otherwise by the rules and procedures of an Article V convention, it shall be assumed that Indiana has three (3) commissioners and three (3) alternate commissioners designated to represent Indiana.

(b) If the general assembly is not in session during the time during which commissioners to an Article V convention must be appointed, the governor shall call the general assembly into special session under Article 4, Section 9 of the Constitution of the State of Indiana for the purpose of appointing commissioners and alternate commissioners.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.7.

IC 2-8.2-3-4Appointment by majority vote of each chamber; pairing of commissioners and alternate commissioners Sec. 4. (a) To be appointed a commissioner or an alternate commissioner, an individual must receive, in each chamber, the vote of a majority of all the members elected to that chamber.

(b) At the time of appointment, each alternate commissioner must be paired with a commissioner as provided in a joint resolution adopted by the general assembly.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.8.

IC 2-8.2-3-5Recall; filling a vacancy Sec. 5. (a) The general assembly may recall any commissioner or alternate commissioner and replace that commissioner or alternate commissioner with an individual appointed under this article at any time.

(b) The general assembly may fill a vacancy in the office of commissioner or alternate commissioner with an individual appointed under this article at any time. If the general assembly is not in session during a time in which a vacancy has occurred with respect to both a commissioner and the paired alternate commissioner of a commissioner, the governor shall call the general assembly into special session under Article 4, Section 9 of the Constitution of the State of Indiana for the purpose of appointing a commissioner and an alternate commissioner to fill the vacancies.

As added by P.L.183-2013, SEC.1. Amended by P.L.205-2013, SEC.50; P.L.41-2025, SEC.9.

IC 2-8.2-3-6Joint resolution; method of appointment and recall Sec. 6. The general assembly shall appoint or recall commissioners or alternate commissioners by joint resolution.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.10.

IC 2-8.2-3-7Reimbursement of expenses Sec. 7. (a) A commissioner or an alternate commissioner is:

(1) entitled to receive the same mileage and travel allowances paid to individuals who serve as legislative members of interim study committees established by the legislative council; and

(2) not entitled to receive a salary or a per diem instead of salary for serving as a commissioner or alternate commissioner.

(b) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, the position of commissioner or alternate commissioner is not a lucrative office.

(c) All funds necessary to pay expenses under subsection (a) shall be paid from appropriations to the legislative council and the legislative services agency.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.11.

IC 2-8.2-3-8Oath Sec. 8. Each commissioner and alternate commissioner shall, after appointment and before the commissioner or alternate commissioner may exercise any function as commissioner or alternate commissioner, execute an oath in writing that the commissioner or alternate commissioner will:

(1) support the Constitution of the United States and the Constitution of the State of Indiana;

(2) faithfully abide by and execute any instructions to commissioners and alternate commissioners adopted by the general assembly and as may be amended by the general assembly at any time; and

(3) otherwise faithfully discharge the duties of commissioner or alternate commissioner.

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.12.

IC 2-8.2-3-9Filing of oath Sec. 9. (a) A commissioner's or alternate commissioner's executed oath shall be filed with the secretary of state.

(b) After a commissioner's or alternate commissioner's oath is filed with the secretary of state, the governor shall issue a commission to the commissioner or alternate commissioner as provided in IC 4-3-1-5(2).

As added by P.L.183-2013, SEC.1. Amended by P.L.41-2025, SEC.13.

IC 2-8.2-3-10Chair Sec. 10. (a) The commissioners shall select one (1) commissioner to be the chair at the Article V convention. The commissioner selected to be the chair shall do the following:

(1) Cast a vote for Indiana at the Article V convention.

(2) Communicate with the media on behalf of the commissioners and alternate commissioners.

(b) The commissioners may remove the chair and select a new chair at any time.

As added by P.L.41-2025, SEC.14.

IC 2-8.2-3-11Prohibition of accepting a gratuity Sec. 11. (a) As used in this section, "gratuity" means anything of value. However, the term does not include:

(1) a good or service having a value of less than two hundred dollars ($200);

(2) an item that is primarily ceremonial or commemorative, such as a plaque, trophy, certificate, framed photo, or similar item;

(3) political contributions subject to IC 3-9-2 that are reported in accordance with applicable law; or

(4) salary, wages, a bonus, or other form of work related compensation that the commissioner or alternate commissioner is legally authorized to receive.

(b) A commissioner or an alternate commissioner may not accept a gratuity while serving as a commissioner or an alternate commissioner.

As added by P.L.41-2025, SEC.15.

IC 2-8.2-4Chapter 4. Duties of Commissioners and Alternate Commissioners

2-8.2-4-1Instructions to commissioners 2-8.2-4-2Duties of alternate commissioners 2-8.2-4-3Vote cast outside the scope of instructions; status of vote 2-8.2-4-4Vote cast outside the scope of instructions; appointment forfeited 2-8.2-4-5Vote cast outside the scope of instructions; status of application 2-8.2-4-6Vote cast outside the scope of instructions; criminal liability

IC 2-8.2-4-1Instructions to commissioners Sec. 1. (a) At the time commissioners and alternate commissioners are appointed, the general assembly shall adopt a joint resolution to provide instructions to the commissioners and alternate commissioners regarding the following:

(1) The rules of procedure.

(2) Any other matter relating to the Article V convention that the general assembly considers necessary.

(b) The joint resolution adopted under this section must include instructions that a commissioner may not vote in favor of a proposed amendment that would alter the text of the specific guarantees of individual liberty established in any of the following:

(1) Articles 1 through 7 of the Constitution of the United States.

(2) The Bill of Rights of the Constitution of the United States.

(3) The following amendments to the Constitution of the United States:

(A) Thirteenth.

(B) Fourteenth.

(C) Fifteenth.

(D) Nineteenth.

(E) Twenty-third.

(F) Twenty-fourth.

(G) Twenty-sixth.

(c) The general assembly may amend the instructions at any time by joint resolution.

As added by P.L.205-2013, SEC.51. Amended by P.L.41-2025, SEC.16.

IC 2-8.2-4-2Duties of alternate commissioners Sec. 2. An alternate commissioner:

(1) shall act in the place of the alternate commissioner's paired commissioner when the alternate commissioner's paired commissioner is absent from the Article V convention; and

(2) replaces the alternate commissioner's paired commissioner if the alternate commissioner's paired commissioner vacates the office.

As added by P.L.205-2013, SEC.51. Amended by P.L.41-2025, SEC.17.

IC 2-8.2-4-3Vote cast outside the scope of instructions; status of vote Sec. 3. A vote cast by a commissioner or an alternate commissioner at an Article V convention that is outside the scope of:

(1) the instructions established by a joint resolution adopted under section 1 of this chapter; or

(2) 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;

is void.

As added by P.L.205-2013, SEC.51. Amended by P.L.41-2025, SEC.18.

IC 2-8.2-4-4Vote cast outside the scope of instructions; appointment forfeited Sec. 4. (a) A commissioner or alternate commissioner who votes or attempts to vote outside the scope of:

(1) the instructions established by a joint resolution adopted under section 1 of this chapter; or

(2) 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;

forfeits the commissioner's or alternate commissioner's appointment by virtue of that vote or attempt to vote.

(b) If a commissioner forfeits appointment under subsection (a), the paired alternate commissioner of the commissioner becomes the commissioner at the time the forfeiture of the appointment occurs.

As added by P.L.205-2013, SEC.51. Amended by P.L.41-2025, SEC.19.

IC 2-8.2-4-5Vote cast outside the scope of instructions; status of application Sec. 5. The application of the general assembly to call an Article V convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the commissioners and alternate commissioners vote or attempt to vote outside the scope of:

(1) the instructions established by a joint resolution adopted under section 1 of this chapter; or

(2) 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.

As added by P.L.205-2013, SEC.51. Amended by P.L.41-2025, SEC.20.

IC 2-8.2-4-6Vote cast outside the scope of instructions; criminal liability Sec. 6. A commissioner or alternate commissioner who knowingly or intentionally votes or attempts to vote outside the scope of:

(1) the instructions established by a joint resolution adopted under section 1 of this chapter; or

(2) 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;

commits a Level 6 felony.

As added by P.L.205-2013, SEC.51. Amended by P.L.168-2014, SEC.1; P.L.41-2025, SEC.21.

IC 2-8.2-5Chapter 5. Article V Convention Commissioner Advisory Group

2-8.2-5-1"Advisory group" 2-8.2-5-2Article V convention commissioner advisory group established 2-8.2-5-3Advisory group membership 2-8.2-5-4Chair 2-8.2-5-5Time of meeting 2-8.2-5-6Policies and procedures 2-8.2-5-7Duty to advise upon request of commissioner or alternate commissioner 2-8.2-5-8Oversight of commissioners with respect to instructions 2-8.2-5-9Advisory determination concerning a vote outside the scope of instructions

IC 2-8.2-5-1"Advisory group" Sec. 1. As used in this chapter, "advisory group" refers to the Article V convention commissioner advisory group established by section 2 of this chapter.

As added by P.L.205-2013, SEC.52. Amended by P.L.41-2025, SEC.22.

IC 2-8.2-5-2Article V convention commissioner advisory group established Sec. 2. The Article V convention commissioner advisory group is established.

As added by P.L.205-2013, SEC.52. Amended by P.L.41-2025, SEC.23.

IC 2-8.2-5-3Advisory 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 2-8.2-5-4Chair 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 2-8.2-5-5Time 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 2-8.2-5-6Policies 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 2-8.2-5-7Duty to advise upon request of commissioner or alternate commissioner Sec. 7. (a) Upon request of a commissioner or alternate commissioner, the advisory group shall advise the commissioner or alternate commissioner whether there is reason to believe that an action or an attempt to take an action by a commissioner or alternate commissioner would:

(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 commissioner or alternative commissioner 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. Amended by P.L.41-2025, SEC.24.

IC 2-8.2-5-8Oversight of commissioners 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 commissioner or alternate commissioner 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. Amended by P.L.41-2025, SEC.25.

IC 2-8.2-5-9Advisory 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 commissioner or alternate commissioner is a violation described in section 8(a)(1) of this chapter or in excess of the authority of the commissioner or alternate commissioner, as described in section 8(a)(2) of this chapter, the attorney general shall inform the commissioners, alternate commissioners, 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 commissioner or alternate commissioner who is the subject of the determination are revoked.

As added by P.L.205-2013, SEC.52. Amended by P.L.41-2025, SEC.26.