Ind. Code ch. 2-8.2-3

in effect

Ind. Code § 2-8.2-3-1 Qualifications; 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.

Ind. Code § 2-8.2-3-2 Qualifications; 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.

Ind. Code § 2-8.2-3-3 Appointment 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.

Ind. Code § 2-8.2-3-4 Appointment 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.

Ind. Code § 2-8.2-3-5 Recall; 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.

Ind. Code § 2-8.2-3-6 Joint 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.

Ind. Code § 2-8.2-3-7 Reimbursement 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.

Ind. Code § 2-8.2-3-8 Oath

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.

Ind. Code § 2-8.2-3-9 Filing 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.

Ind. Code § 2-8.2-3-10 Chair

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.

Ind. Code § 2-8.2-3-11 Prohibition 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/2Fetched: 10/17/2026