Cause of Action; Presiding Officer

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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.

(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.


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