Sec. 3. (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.