The Indiana General Assembly is the
state legislature, or legislative branch, of the state of
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
. It is a
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
legislature that consists of a lower house, the
Indiana House of Representatives, and an upper house, the
Indiana Senate
The Indiana Senate is the upper house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The Senate is composed of 50 members representing an equal number of constituent districts. Senators serve four-year term ...
. The General Assembly meets annually at the
Indiana Statehouse
The Indiana Statehouse is the state capitol building of the U.S. state of Indiana. It houses the Indiana General Assembly, the office of the Governor of Indiana, the Indiana Supreme Court, and other state officials. The Statehouse is located in ...
in
Indianapolis
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
.
Members of the General Assembly are elected from districts that are realigned every ten years. Representatives serve terms of two years and senators serve terms of four years. Both houses can create bills, but bills must pass both houses before it can be submitted to the governor and enacted into law.
Currently, the
Republican Party holds
supermajorities in both chambers of the General Assembly. Republicans outnumber Democrats in the Senate by a 40-10 margin, and in the House of Representatives by a 70-30 margin.
Structure
The Indiana General Assembly is made up of
two houses, the House of Representatives and the Senate.
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
has a part-time legislature that does not meet year-round. The General Assembly convenes on the first Tuesday after the first Monday in January. During
odd-numbered years the legislature meets for 61 days (not necessarily consecutively) and must be adjourned by April 30. During
even-numbered years the legislature meets for 30 days (not necessarily consecutively) and must be adjourned by March 15. The General Assembly may not adjourn for more than three days without a resolution approving adjournment being passed in both houses.
The
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
has the authority to call on the General Assembly to convene a
special session
In a legislature, a special session (also extraordinary session) is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year (often delayed by confli ...
if legislators are unable to complete necessary work within the time allotted by the regular sessions.
[ Special sessions of the General Assembly were rarely called in the state's early history, but have become more commonplace in modern times.
The General Assembly delegates are elected from districts. Every ten years the districts are realigned by the General Assembly using information from the ]U.S. Census Bureau
The United States Census Bureau (USCB), officially the Bureau of the Census, is a principal agency of the U.S. Federal Statistical System, responsible for producing data about the American people and economy. The Census Bureau is part of the ...
to ensure that each district is roughly equal in population. The districting is maintained to comply with the United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruling in ''Reynolds v. Sims
''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with '' Baker v. Carr'' (19 ...
''.
The Indiana Senate and House of Representatives each have several committees that are charged with overseeing certain areas of the state. Committees vary in size, from three to eleven members. The committees are chaired by senior members of the majority party. Senators and representatives can be members of multiple committees. Most legislation begins within the committees who have responsibility for the area that the bill will affect. Once approved by a committee, a bill can be entered into the agenda for debate and vote in the full chamber. Although not common, bills can be voted on by the full house without going through the committee process.
Indiana legislators make a base annual salary of $22,616, plus $155 for each day in session or at a committee hearing and $62 in expense pay every other day.
Terms and qualifications
Article 4, Section 7, of the Indiana Constitution states the qualifications to become a Senator or Representative. The candidate must have been a U.S. citizen
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
for a minimum of two years prior to his candidacy and must have been resident of the district that he seeks to represent for one year. Senators must be at least twenty-five years of age and representatives must be twenty-one when sworn into office. The candidate cannot hold any other public office in the state or federal government during their term. The candidate must also be a registered voter within the district they seek to represent.[ Candidates are required to file papers stating their economic interests.
Article 4, Section 3, of the state constitution places several limitations on the size and composition of the General Assembly. The Senate can contain no more than fifty members, and the senators serve for a term of four years. The House of Representatives can contain no more than one hundred members, and the representatives serve terms of two years. There is no limit to how many terms a state senator or representative may serve.][
]
Checks and balances
There are several checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
built into the state constitution that limit the power of the General Assembly. Other clauses allow the General Assembly to balance and limit the authority of the other branches of the government. Among these checks and balances is the governor's authority to veto any bill passed by the General Assembly. The General Assembly may, in turn, override his veto by simple majority vote in both houses. Bills passed by a supermajority automatically become law without requiring the signature of the governor. Once the bill is made law, it can be challenged in the state courts which may rule the law to be unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
, effectively repealing the law. The General Assembly could then override the court's decision by amending the state constitution to include the law.[ The General Assembly has historically been the most powerful branch of the state government, dominating a weak governor's office. Although the governor's office has gained more power since the 1970s, the General Assembly still retains the power to remove much of that authority.
]
Powers
The authority and powers of the Indiana General Assembly are established in the state constitution. The General Assembly has sole legislative power within the state government. Each house can initiate legislation, with the exception that the Senate is not permitted to initiate legislation that will affect revenue.[ Bills are debated and passed separately in each house, but must be passed by both houses before they can submit to the governor.] Each law passed by the General Assembly must be applied uniformly to the entire state; the General Assembly has no authority to create legislation that targets only a particular community.[
The General Assembly is empowered to regulate the state's ]judiciary system
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
by setting the size of the courts and the bounds of their districts. The body also has the authority to monitor the activities of the executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
of the state government, 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
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, a felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, or breach of the peace.
Indiana Senate
The Indiana Senate consists of 50 members elected to four-year terms. Suzanne Crouch
Suzanne Crouch (born February 27, 1952) is an American politician who has served as the 52nd lieutenant governor of Indiana since 2017. She previously served as the 56th state auditor of Indiana. She is a candidate for Governor of Indiana in 202 ...
, the Lieutenant Governor of Indiana, presides over the Senate while it is in session and casts the deciding vote in the event of a tie. The Senate President Pro Tempore is Senator Rodric D. Bray of Martinsville. The 2019–2020 Senate has a Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
super-majority, with Republicans holding 40 out of 50 seats. The Senate offices are located in the west wing of the second floor of the Indiana Statehouse, and the Senate chambers are on the west wing of the third floor.
Indiana House of Representatives
The Indiana House of Representatives consists of 100 members elected to two-year terms.[ The current ]Speaker of the House
The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.
Usage
The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
as of March 2020 is Representative Todd Huston
Todd Huston is an American politician serving as the current Speaker of the Indiana House of Representatives. A member of the Republican Party, Huston has represented the 37th district of the Indiana House since 2012. He previously served on t ...
. In 2015, the House of Representatives has a Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
majority of 70 seats, while the Democrats have 30 seats. The House offices are located in the east wing of the second floor of the Indiana Statehouse and the House chambers are on the third floor.[
]
History
1816 Constitution
Indiana's first constitution was ratified on June 10, 1816, and the election of the first General Assembly took place on August 5 of that year. They convened in the original three-room statehouse located in Corydon. The body consisted of ten senators and twenty-nine representatives, sixteen of whom had been signers of the Indiana state constitution. There, the General Assembly began its development into the institution it is today. The original constitution provided that representatives served terms of one year and senators served terms of three years, and permitted an annual meeting of the assembly from December until March.[
At first, there was only one political party of any consequence in Indiana, the ]Democratic-Republicans
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...
. The party was, however, broken into three divisions that would later split off into their own parties. The divisions were mainly over the issue of slavery, but they would develop more differences in later years. The Jennings
Jennings is a surname of early medieval English origin (also the Anglicised version of the Irish surnames Mac Sheóinín or MacJonin). Notable people with the surname include:
*Jennings (Swedish noble family)
A–G
*Adam Jennings (born 1982), A ...
party, made up of abolitionists, was dominant in the beginning. The Noble
A noble is a member of the nobility.
Noble may also refer to:
Places Antarctica
* Noble Glacier, King George Island
* Noble Nunatak, Marie Byrd Land
* Noble Peak, Wiencke Island
* Noble Rocks, Graham Land
Australia
* Noble Island, Gr ...
party was in favor of slavery, and the Hendricks party was generally neutral, although Hendricks himself was openly anti-slavery. In 1818, the Noble party tried to impeach Governor Jennings over his role in the negotiations of the Treaty of St. Mary's
The Treaty of St. Mary's may refer to one of six treaties concluded in fall of 1818 between the United States and Natives of central Indiana regarding purchase of Native land. The treaties were
*Treaty with the Wyandot, etc.
*Treaty with the Wy ...
. After two months of debate in the House, and Jennings having destroyed the evidence of his role, the House of Representatives dropped the investigation and issued a resolution that confirmed Jennings in his position as governor.
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 of roads in the southern part of the state. Initially, the General Assembly was faced with low tax revenues. In response to the problem, they created the Bank of Indiana
The state Bank of Indiana was a government chartered banking institution established in 1833 in response to the state's shortage of capital caused by the closure of the Second Bank of the United States by the administration of President Andrew Jac ...
and sold of public lands to finance their projects. The General Assembly relocated the capital to Indianapolis
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
in 1824, and in 1831 they authorized the construction of the first dedicated statehouse.
In the 1830s, the Whigs split from the Democratic-Republicans in response to national policies. The Whigs held a strong majority in the General Assembly in that decade. In 1843, the remnants of the old slavery party had strengthened into the Democratic Party Democratic Party most often refers to:
*Democratic Party (United States)
Democratic Party and similar terms may also refer to:
Active parties Africa
*Botswana Democratic Party
*Democratic Party of Equatorial Guinea
*Gabonese Democratic Party
*Demo ...
and swept into power, the Whigs never regained their majority and the Democrats maintained power until the middle of the American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
. In 1836 the General Assembly passed the Mammoth Internal Improvement Act
The Indiana Mammoth Internal Improvement Act was a law passed by the Indiana General Assembly and signed by Whig Governor Noah Noble in 1836 that greatly expanded the state's program of internal improvements. It added $10 million to spending and ...
and set plans into motion to modernize the state's infrastructure. The wilderness
Wilderness or wildlands (usually in the plural), are natural environments on Earth that have not been significantly modified by human activity or any nonurbanized land not under extensive agricultural cultivation. The term has traditionally re ...
of northern and central Indiana was slowly developed as the General Assembly approved the construction of roads, canal
Canals or artificial waterways are waterways or engineered channels built for drainage management (e.g. flood control and irrigation) or for conveyancing water transport vehicles (e.g. water taxi). They carry free, calm surface flow un ...
s, 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 half of their debts, to private companies in 1841. The failure of the projects was the main factor in the Whig's loss of power.
The state constitution had come under considerable criticism beginning in the 1840s because it allowed most government positions to be filled by appointment. The problem with this method of filling positions did not manifest itself until the advent of the state's political parties. Once in power, a party could stack the government with its own members, making it difficult for the minority to regain power. Another problem was that the authority for many trivial issues was not delegated to other authorities. For example, if a man was to divorce his wife, the divorce bill had to be approved by the General Assembly before being allowed to legally remarry.
1851 Constitution
In 1851, a new state constitution was created and ratified. Among the constitution's new clauses was an extension of the terms of representatives to two years and senators to four years. It also made many of the previously appointed positions open to public election. The new constitution delegated many minor tasks to newly created elected offices. With its workload considerably decreased, instead of meeting annually, the General Assembly only convened a session every two years. The new constitution also placed new limits on the General Assembly's power to create local laws, the General Assembly having become notorious for creating state-level laws that were only applied to one town or county.[1816 Constitution of Indiana, Article 3, Section 4-5]
The new constitution led to the gradual erosion of the Democratic majority. In 1854, the Republican Party was established and drew in many of the former Whigs. That year the General Assembly was split with no party attaining a majority. The Democrats held the largest number of seats, but the Whigs and Republicans caucused to form a majority and control the assembly. The result was a deadlock on most issues because Republicans and Whigs could not agree on most major issues. By 1858, the Whigs were almost completely disempowered and the Republicans gained enough seats to become the largest party, but not enough to form a majority on their own. That year Governor Ashbel P. Willard
Ashbel Parsons Willard (October 31, 1820 – October 4, 1860) was state senator, the 12th lieutenant governor, and the 11th governor of the U.S. state of Indiana. His terms in office were marked by increasingly severe partisanship leading to t ...
called the first special session of the General Assembly because they had been unable to pass an appropriations bill. Democrats regained a small majority by gaining the votes of the disaffected Whigs in the 1860 election.
During the 1860s and the American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, the legislature was the scene of intense debate. At the beginning of the war, the General Assembly was controlled by the southern sympathetic Democrats. Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Oliver Morton
Oliver Hazard Perry Throck Morton (August 4, 1823 – November 1, 1877), commonly known as Oliver P. Morton, was a U.S. Republican Party politician from Indiana. He served as the 14th governor (the first native-born) of Indiana during the Amer ...
and the Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
minority were able to prevent the General Assembly from meeting in 1862 and 1863 by denying the body quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
.[ Morton even had some members 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 ]Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
s gained a majority and convened the General Assembly to remedy the state's funding problems.[
During the 1880s and 1890s, Indiana industry began to grow rapidly because of the Indiana Gas Boom, leading to the creation of many labor unions and a return to Democratic control of the General Assembly. One of the events to occur during the period was the Black Day of the General Assembly, a situation arising from Governor Isaac P. Gray's desire to be elected to the ]United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
. Beginning with the state senate's refusal to seat a new lieutenant governor, fighting broke out in the chamber and spread throughout the statehouse. Shots were fired, and Democrats and Republicans threatened to kill each other before police could bring the situation under control. A second bout of violence broke out in the 1894 regular session when Republicans locked the doors of the House chambers preventing Governor Claude Matthews
Claude Matthews (December 14, 1845 – August 28, 1898) was an American politician who served as the 23rd governor of the U.S. state of Indiana from 1893 to 1897. A farmer, he was nominated to prevent the loss of voters to the Populist Party ...
from delivering a veto of a bill that repealed over a decade of Democratic legislation. The governor personally led fellow party members in beating down the door and unsuccessfully attempting to fight their way to the podium to deliver the vetoed bill; one newspaper said Democrats and Republicans "fought like beasts of the forest." 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
Women's suffrage is the women's rights, right of women to Suffrage, vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to gran ...
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 1907, the General Assembly made Indiana the first state to enact eugenics
Eugenics ( ; ) is a fringe set of beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter human gene pools by excluding people and groups judged to be inferior or ...
legislation, and the law remained in effect until 1921. The law led to the forced sterilization of thousands of criminals until it was ruled unconstitutional by the Indiana Supreme Court in 1921.
In 1921, Julia Nelson was the first woman elected to the Indiana General Assembly.
Scandal erupted in 1925 when it was discovered that the Indiana Branch of the Ku Klux Klan
The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
controlled over half the seats in the General Assembly. During the session, Grand Dragon D. C. Stephenson
David Curtis "Steve" Stephenson (August 21, 1891 – June 28, 1966) was an American Ku Klux Klan (KKK) leader, convicted rapist and murderer. In 1923 he was appointed Grand Dragon of the Indiana Klan and head of Klan recruiting for seven other s ...
boasted "I am the law in Indiana". During the next two years, the federal government intervened, Stephenson was convicted of murder. After the governor refused to pardon him, Stephenson indicted his co-conspirators, leading to many of the state government being charged with various crimes and 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 Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
. The General Assembly passed the nation's first DUI
Driving under the influence (DUI)—also called driving while impaired, impaired driving, driving while intoxicated (DWI), drunk driving, operating while intoxicated (OWI), operating under the influence (OUI), operating vehicle under the infl ...
laws in 1939, establishing a blood alcohol level of .15 as the legal limit. The 1940s led to the first African American being elected to the Indiana Senate and legislation that desegregated the public schools in 1949.[
The General Assembly established the state's first sales tax at two percent in 1962. The 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 amendments were passed. Among them was one that authorized the General Assembly to meet annually instead of biennially.][
During the 1988 session, 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
Horse racing is an equestrian performance sport, typically involving two or more horses ridden by jockeys (or sometimes driven without riders) over a set distance for competition. It is one of the most ancient of all sports, as its basic p ...
in the state in 1989.[
Governor ]Evan Bayh
Birch Evans Bayh III ( ; born December 26, 1955) is an American lawyer, lobbyist, and Democratic Party politician who served as a United States senator from Indiana from 1999 to 2011 and the 46th governor of Indiana from 1989 to 1997.
Bayh ...
called a special session of the General Assembly in 1992 because no budget had been passed in the regular session. During the special session, the General Assembly passed the budget and also legalized the operation of riverboat casino
A casino is a facility for certain types of gambling. Casinos are often built near or combined with hotels, resorts, restaurants, retail shopping, cruise ships, and other tourist attractions. Some casinos are also known for hosting live entertai ...
s in the state, overriding the governor's veto to prevent it.[
The General Assembly passed ]property tax
A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inheri ...
reform legislation in 2008, capping property taxes at one percent, making Indiana one of the lowest property tax locations in the nation.
See also
*Government of Indiana
The government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches: the judicial branch, the legislative branch, and the executive branch. The three branches share power and ...
*Constitution of Indiana
The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is su ...
References
Notes
Bibliography
*
*
*
* A new edition is published biennially.
External links
Official Indiana General Assembly web site
"The Indiana General Assembly (1850-1865): A New Constitution and the Civil War"
Indiana Historical Bureau
"The Indiana General Assembly (1826-1846): Surveying, the First Statehouse, and Financial Collapse"
Indiana Historical Bureau
"The Indiana General Assembly (1815-1825): Statehood, Slavery, and Constitution-Drafting"
Indiana Historical Bureau
{{Good article
General Assembly
A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company.
Specific examples of general assembly include:
Churches
* General Assembly (presbyterian church), the highest court of presb ...
Bicameral legislatures
1816 establishments in Indiana