Bill Text: IN SB0280 | 2013 | Regular Session | Introduced
Bill Title: Defense of legislative lawsuits.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-02-07 - Senator Boots added as second author [SB0280 Detail]
Download: Indiana-2013-SB0280-Introduced.html
Citations Affected: IC 2-3-10; IC 34-14-1-11.
Synopsis: Defense of legislative lawsuits. Provides that, if: (1) the
constitutionality or enforcement of a state statute is being challenged;
and (2) a member of the general assembly who is the first author of a
bill finds that the statute is not being adequately defended; the first
author has standing to intervene as a party in the action. Permits the
second author to intervene if the first author is no longer a member of
the general assembly, and permits the speaker of the house of
representatives or the president pro tempore of the senate to appoint a
member to substitute for the member who intervened if that person
ceases to be a member of the general assembly. Provides that a member
with standing to intervene may employ an attorney to represent the
member, requires the member to seek an attorney who will represent
the member on a pro bono basis, and specifies that if the member is
unable to obtain a qualified attorney to represent the member on a pro
bono basis, the attorney general shall pay the reasonable costs and fees
related to the representation. Requires the attorney general to forward
a notice relating to a challenge of the constitutionality of a statute to the
legislative council and first author of the bill enacting or amending the
statute.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Chapter 10. Right of a Legislator to Intervene in Certain Actions
Sec. 1. This chapter does not apply to litigation covered by IC 2-3-8 or IC 2-3-9.
Sec. 2. This chapter applies to any action in which the constitutionality or enforcement of a state statute is being challenged.
Sec. 3. (a) In any action involving a challenge to the constitutionality or enforcement of a state statute, a member of the general assembly who is the first author of the bill containing the challenged statute has standing to intervene as a party if, in the opinion of the member, the validity of the statute is not being adequately defended. If the first author is no longer a member of the general assembly, the second author of the bill has standing to
intervene in the action.
(b) If, after a member of the general assembly intervenes in the
action, the member ceases to be a member of the general assembly,
the speaker of the house of representatives (if the bill originated in
the house of representatives) or the president pro tempore of the
senate (if the bill originated in the senate) may select a member to
substitute as a party for the intervening member.
(c) A member with standing to intervene under this section may
intervene at any time.
Sec. 4. (a) Notwithstanding IC 4-6, a member of the general
assembly with standing to intervene under section 3 of this chapter
may employ one (1) or more attorneys to defend the validity of the
statute.
(b) A member of the general assembly who employs an attorney
under this section shall attempt to employ an attorney who will
represent the member on a pro bono basis. However, if the
member is unable to employ an attorney with appropriate
qualifications on a pro bono basis, the attorney general shall pay
reasonable costs and attorney's fees related to the representation.
(b) If the attorney general receives notice under subsection (a) that a statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general shall provide a copy of the notice to the:
(1) legislative council; and
(2) first author of the bill enacting or amending the statute;
not later than fourteen (14) days after receipt. The attorney
general shall provide the notice in an electronic format.
