Proposed Constitutional Amendments

Update I got some of these wrong — At least SJR 3, SJR 5, and SJR 14.

Original post

Thought I’d take a look at the status of the various amendments proposed to the Indiana Constitution. (As they pass through the General Assembly, they are in the form of a “Joint Resolution.”) A full list is here.

SJR 2 – Coroners. Defeated in the Senate 20 to 27. Would have allowed the General Assembly to prescribe qualifications for the office of coroner.

SJR 3 – Next Generation Trust Fund. This would have constitutionally secured some of the proceeds from the Toll Road Privatization, thereby preventing future Governors and General Assemblies from raiding the piggie bank. This was assigned by Sen. Long to the Rules Committee, traditionally a legislative graveyard.

SJR 4 – Senate confirmation of agency heads. Another corpse in the Rules Committee. It would have required Senate confirmation of the agency heads appointed by the Governor.

SJR 5 – Military and overseas voters. Would have allowed extension of the vote to a non-resident if the person is the child of an Indiana voter who lives overseas. Died in Rules.

SJR 7 – Definition of marriage. Defines marriage in Indiana as being between one man and one woman. Also prohibits the extension of the “incidents of marriage” to unmarried couples. Passed the Senate 39 to 10. Assigned to the House Rules Committee. At this point, it’s unclear if it went there to be buried or for some other purpose.

SJR 12 – Court mandates. Referred to the Senate Judiciary Committee but never got a hearing. It would have prohibited courts from mandating that the state or a political subdivision expend money for the operation of any court. (Currently, for example, county courts have an advantage over other agencies seeking money from a county council for staff pay or other operational needs of the court. The other agencies pretty much just have to do without. A court can issue a mandate ordering the council to cough up the desired money.) (See this entry from the Indiana Law Blog and its internal links for some more information on the debate.)

SJR 13 – Redistricting commission. Takes the decennial redistricting out of the hands of the General Assembly and creates a redistricting commission. Referred to the Committee on Local Government and Elections but did not get a hearing.

SJR 14 – Constitutional right to hunt and fish. Died in the Rules Committee.

SJR 15 – Prohibition of property taxes for school operating costs. Referred to the Committee on Tax and Fiscal Policy but did not get a hearing.

SJR 16 – Elimination of authority to impose property taxes. Authored by Senators Hume, Miller, Weatherwax, Delph, Drozda, Kruse, Lewis, Nugent, Steele, Walker, Waltz, Waterman, Young. Referred to the Committee on Tax and Fiscal Policy. Didn’t get a hearing. Something tells me they didn’t try too hard. 13 authors constitutes over 25% of the Senate.

HJR 1 – Term limits for county offices. Would have eliminated term limits for the county clerk, auditor, recorder, and treasurer. Died in Rules.

HJR 2 – Free text books. Would have required the general assembly to provide students with textbooks free of charge. Died in Rules.

HJR 3 – Legislative terms. Would limit an individual to 24 years of service as a member of the General Assembly. Died in Rules.

HJR 4 – Local government consolidation. Provides that a county legislative body may consolidate, eliminate, or prescribe additional qualifications for any of the county’s constitutional offices. Would also allow the General Assembly to provide for consolidation of counties into one county. Died in Rules.

HJR 5 – Supermajority for tax increases. Would require a 2/3 majority for tax increases. Died in Rules.

HJR 6 – Sessions of the General Assembly. Changes the default starting date for sessions of the General Assembly from it’s current January date to the first Monday in February. Died in Rules.

HJR 7 – Constitutional right to hunt and fish. Died in Rules.

HJR 8 – Term of office of county sheriff. Lengthens a sheriff’s term from 4 years to 6. All together now: Died in Rules.

HJR 9 – Redistricting. Allows the General Assembly to establish a commission to draw districts. Died in Rules.

HJR 10 – English as official language of Indiana. Decrees that the English language is the official language of Indiana. Died in Rules.

HJR 11 – Common school fund. Provides that: (1) the principal of the common school fund may be appropriated only to reduce the unfunded accrued liability of a public pension fund established for Indiana teachers; and (2) the general assembly may authorize the income of the common school fund to be used to reduce the unfunded accrued liability of a public pension fund established for Indiana teachers. Referred to Ways & Means but didn’t get a hearing.

HJR 12 – County offices. Removes the offices of county auditor, county recorder, county treasurer, and county surveyor from the Constitution of the State of Indiana. (WTF?) Died in Rules.

HJR 13 – Early learning trust fund. Transfers the balance of the common school fund to the early learning trust fund. Allows the principal and income of the early learning trust fund to be used only for educational programs for children before entering primary school, including kindergarten. Repeals provisions requiring the common school fund to be invested for the benefit of the counties, requiring counties to preserve the common school fund, and requiring that all trust funds held by the state remain inviolate and be applied to the purposes for which the trust was created. Passed the House by a vote of 51 to 46. Referred to the Senate Committee on Education and Career Development.

HJR 14 – Prohibition against property taxation. Died in Rules.

HJR 15 – Definition of marriage. Defines marriage in Indiana as being between one man and one woman. Also prohibits the extension of the “incidents of marriage” to unmarried couples. Died in Rules.