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.
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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: 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.
- presiding officer: refers to the following:
Indiana Code 2-2.1-4-6
- 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.
(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:
(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.