§ 4-12-1-3 — Creation of budget agency; director; establishment of budget committee

(a) A budget agency is created as an agency of
the state. A director, appointed by the governor to serve at the
governor's will and pleasure, shall be the chief executive officer of the
agency and shall be known as the budget director. The director shall
receive the salary fixed by the governor and shall give all of the
director's time to the director's office and the budget agency. The
director shall execute a bond as shall be approved by the governor,
conditioned for the faithful discharge of the director's official duties,
and an oath of office, and both shall be filed with the secretary of state.
(b) A budget committee consisting of five (5) regular members and
six (6) alternate members is established: One (1) regular member is the
budget director, while in office. The four (4) remaining regular
members must be legislators selected in the following manner. Two (2)
members must be senators appointed by the president pro tempore of
the senate, one (1) of whom shall be nominated by the leader of the
minority political party of the senate. Two (2) members must be
representatives appointed by the speaker of the house of
representatives, one (1) of whom shall be nominated by the leader of
the minority political party of the house of representatives. Legislative
appointments to the budget committee shall be made within fifteen (15)
days after the official selection of the president pro tempore of the
senate and the speaker of the house of representatives. Each member
appointed by the president pro tempore of the senate and each member
appointed by the speaker of the house of representatives shall serve at
the will and pleasure of the member's respective appointing leadership
or until the member's term as a member of the general assembly
expires, whichever is shorter. Vacancies occurring in the legislative
appointments to the budget committee shall be filled for the unexpired
term by the president pro tempore of the senate or speaker of the house
last elected in like manner as if appointment to the vacant offices were
being made originally. Nominations shall be made by the persons
above mentioned in this section who were elected and selected at the
last preceding session of the general assembly. When there is no
legislative officer entitled to fill vacancies, the governor shall fill the
vacancies from among members and members-elect of the senate and
of the house of representatives who are members of the same house and
political party as the vacating member. Any appointee of the governor
shall serve for the unexpired term of the vacating member or until the
first day of the next session of the general assembly.
(c) The six (6) alternate members of the budget committee must be
four (4) legislators selected in the manner described in this section for
the appointment of the four (4) regular legislative members of the
budget committee and the two (2) deputy budget directors appointed
under section 4 of this chapter. The budget director shall designate the
order in which the deputy directors will serve in the place and stead of
the budget director in the event of the budget director's disability or
absence with regard to the budget committee. An alternate member is
entitled to participate in the budget committee meetings in the same
manner as the regular members, except that the alternate member is
entitled to vote only if the regular member from the alternate member's
respective house and political party is not present for the vote. The
alternate member for the budget director is entitled to vote only if the
budget director is not present. The alternate members serve the same
term of office as the regular members of the budget committee.
Formerly: Acts 1961, c.123, s.3. As amended by Acts 1977,
P.L.28, SEC.3; P.L.3-1986, SEC.5; P.L.215-2016, SEC.74;
P.L.108-2019, SEC.56.