Sec. 8. (a) A presiding officer, on behalf of the presiding officer‘s body, may bring an action for legislative bolting against a member. The presiding officer has the authority to control the litigation, including final settlement authority.

     (b) The presiding officer who brings an action for legislative bolting must show by a preponderance of the evidence that the member has violated section 7 of this chapter. A prevailing presiding officer is entitled to the following:

Terms Used In Indiana Code 2-2.1-4-8

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • body: refers to either of the following:

    Indiana Code 2-2.1-4-2

  • 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.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • member: refers to either of the following:

    Indiana Code 2-2.1-4-5

  • presiding officer: refers to the following:

    Indiana Code 2-2.1-4-6

  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) An order imposing a civil penalty of one thousand dollars ($1,000) for each day the member has violated section 7 of this chapter.

(2) Reasonable attorney‘s fees and court costs.

     (c) A civil penalty imposed under this section shall be paid to the state general fund.

As added by P.L.229-2011, SEC.37.

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