Indiana Code 2-2.1-4-7. Legislative bolting; civil penalty
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Sec. 7. (a) Except during the final day of session or during a special session, this section does not apply to an absence of fewer than three (3) consecutive session days, regardless of the reason for the absence.
(c) If a member’s body is unable to form a quorum, the member’s absence from the chamber at the time of a quorum call constitutes prima facie evidence that the member committed legislative bolting.
(b) Except as provided in subsection (d), a member who is absent from the member’s chamber with the result that the member’s body is unable to form a quorum commits the act of legislative bolting and is liable for a civil penalty.
Terms Used In Indiana Code 2-2.1-4-7
- body: refers to either of the following:
Indiana Code 2-2.1-4-2
- chamber: refers to either of the following:
Indiana Code 2-2.1-4-3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- final day of session: means :
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- member: refers to either of the following:
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- Quorum: The number of legislators that must be present to do business.
- Quorum call: A call of the roll to establish whether a quorum is present. If any legislator "suggests the absence of a quorum," the presiding officer must direct the roll to be called.
(d) A member who proves by a preponderance of the evidence that the member’s absence from the member’s chamber was not carried out with the intent to defeat, delay, or obstruct legislative action has not committed legislative bolting and is not liable for a civil penalty.
As added by P.L.229-2011, SEC.37.