Legislative Branch Flashcards
General Assembly: Senate
50 members
General Assembly: House of Representatives
100 members
General Assembly: Quorum
In order for either the Senate or the House to do business, 2/3 of its members must be in attendance
Germaneness: Rule
An act shall be confined to ONE SUBJECT and matters properly connected therewith
Germaneness: Test
Whether there is a REASONABLE BASIS for grouping together in one act various matters of the same nature
Doubts resolved in favor of act’s validity
Plain Wording Requirement
Acts must be susceptible to REASONABLE and INTELLIGIBLE CONSTRUCTION
General Law Requirement
Limitations on special laws are to avoid creation of an irregular system of laws lacking statewide uniformity
General Law: Definition
Applies to all persons/places of specified class throughout the state
Special Law: Definition
Pertains to and affects a particular case, person, place, or thing, as opposed to the general public
Two-Step Test for Special Laws
Determine whether subject matter of the law was AMENABLE to a general law of uniform operation throughout the state:
(1) Whether there is something about the class that makes it UNIQUE; and
(2) Whether that uniqueness JUSTIFIES SPECIAL THE TREATMENT
If special treatment is justified, then the law is constitutional unless it concerns one of the 16 impermissible categories
Population-Based Classifications
Can be special law if designed to affect only a specific locality
May be constitutional if the locality is UNIQUE and the uniqueness JUSTIFIES THE SPECIAL TREATMENT
Waiver of Governmental Immunity
IN has adopted the Indiana Tort Claims Act, which permits some tort actions against governmental entities and their employees
Delegation of Legislative Power
Legislative branch may delegate legislative power provided reasonable standards for the exercise of that power are established
