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The principal components of a bill are the following:
The body of a bill may contain amendments and additions to the Indiana Code, repealers of Indiana Code provisions and noncode provisions, and noncode provisions.
The following is suggested as the order of provisions in a bill that adds a new chapter or article:
The rules of each house require that each bill contain a brief digest stating the nature of the proposed legislation. The purpose of the digest is to tell the casual reader in laymen's terms what the bill does, avoiding legal jargon and technical terminology. Follow these general rules when preparing a digest:
Citations Affected: IC1-1-1; IC5-10-6-2.
Synopsis: State holidays. Requires the governor to establish five new holidays for state employees. Repeals provision prohibiting state employees from being paid for unused sick leave.
Effective: July 1, 20__; January 1, 20__.
Citations Affected: None (noncode).
Synopsis: Indiana statehood commission. Establishes the commission on the bicentennial of Indiana statehood.
Effective: July 1, 20__.
Citations Affected: P.L.365-1995, SECTION 1.
Synopsis: Extends the agent orange birth defects study. Appropriates $500,000 to the agent orange fund from the state general fund.
Effective: December 1, 20__.
The rules of each house require each bill to contain a title that expresses the subject matter of the bill in concise terms in order to acquaint the reader with the general subject matter under consideration. The title should not state what the bill does but should provide a short, general statement of the subject matter of the bill. Usually, the title should be worded the same as the title of the Indiana Code being amended. The following form should be followed for bills that amend the Indiana Code by amending a provision or adding a provision:
Example: A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.
If an emergency is declared, it is not necessary to state that fact in the title. Article 4, Section 28 of the Constitution of the State of Indiana provides that the emergency must be declared either in the preamble or in the body of the law to be effective.
If the bill makes an appropriation, include that fact in the title. Say:
A BILL FOR AN ACT to . . . and to make an appropriation.
A repealer is not mentioned in the title, except when the sole purpose of a bill is to repeal existing legislation (i.e., the bill does not contain any new Indiana Code provisions and does not contain amendatory provisions). In that case the title of the bill is prepared by reciting the fact of the repeal and setting forth what is repealed.
A BILL FOR AN ACT to repeal a provision of the Indiana Code concerning . . .
A BILL FOR AN ACT to repeal certain provisions of the Indiana Code concerning . . .
The title of a noncode bill, which is a bill that contains only noncode provisions, should appear as follows:
If the bill amends only an existing noncode act, use one of the following [see Session Law Citations, Page 2]:
A preamble is used only in the rare instance when it is desirable to express the reasons for legislation, the purpose of legislation, or findings related to legislation on the face of the bill itself. This material takes the form of "Whereas" clauses that are placed at the beginning of the bill following the title and before the enacting clause. Since a preamble appears before the enacting clause, the preamble is not printed as a part of the law in the Indiana Code but does appear in the session laws. Thus, a preamble is similar to a concurrent resolution; that is, it is a statement that does not have the effect of law but reflects the sentiment of the general assembly at the time that it is passed.
Whereas, . . . . . . . . . . . . . .;
Whereas, . . . . . . . . . . . . . .;
Whereas, . . . . . . . . . . . . . .; and
Whereas, . . . . . . . . . . . . . .: Therefore,
Each bill must contain the following standard enacting clause required by Article 4, Section 1 of the Constitution of the State of Indiana:
Be it enacted by the General Assembly of the State of Indiana:
The body of a bill is divided into segments known as "SECTIONS". If a SECTION of a bill affects the Indiana Code, the SECTION must begin with an introductory clause (also referred to as a lead-in line), which identifies by Indiana Code citation the part of the law being altered. This is followed by the content of the proposed law. Only one section of an existing law may be amended in a single SECTION of an amendatory bill. However, if a new title, article, or chapter is being added, the entire title, article, or chapter should be put into one SECTION. The following general rules apply to all introductory clauses:
To amend a section that has not been amended or added since the publication of the 1998 Edition of the Indiana Code, say:
SECTION __. IC1-2-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
To amend a section that has been added or amended in the 1999 Regular Session or since, show only the addition (or the latest amendment to the section) as follows:
SECTION __. IC1-2-3-4, AS ADDED (AMENDED) BY P.L .___-19__, SECTION___, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
[See ALTERING PROVISIONS ADDED OR AMENDED EARLIER IN THE SAME SESSION, Page 69, for a discussion of introductory clauses for a section previously added or amended during a legislative session.]
For each new section, new chapter, new article, or new title added to the Indiana Code, an introductory clause is needed as follows:
To add a new section to a chapter, say:
SECTION __. IC1-2-3-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
To add a new chapter to an article, say:
SECTION __. IC5-6-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
To add a new article to a title, say:
SECTION __. IC8-9 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
To add a new title to the Code, say:
SECTION ___. IC37 IS ADDED TO THE INDIANA CODE AS A NEW TITLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
A repealer does not have a separate introductory clause as does legislation amending existing law or adding new provisions. The repealer itself indicates the law to be repealed and there is no need to set forth the text. [See REPEALERS, Pages 41-42.]
If a noncode provision is being added, an introductory clause is not required because the provision does not amend the Indiana Code.
Before amending a noncode provision, the drafter should check the Session Law Disposition Table in Volume 13 of the 1998 Edition of the Indiana Code and the Session Law Disposition Table in the latest Supplement to the Indiana Code to make sure that the noncode provision has not been amended. If a noncode provision is being amended, one of the following introductory clauses is required to properly identify the noncode provision. The P.L. referred to in the introductory clause should be a reference to the latest P.L. amending the noncode provision.
(a) For noncode provisions in acts enacted beginning with the 1982 Special Session:
SECTION ___. P.L.__-19__, SECTION __, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
(b) For noncode provisions in acts enacted beginning with the 1971 Session and through the 1982 Regular Session:
SECTION __. ACTS __, P.L.__, SECTION __, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
(c) For noncode provisions in acts enacted before 1971:
SECTION __. ACTS __, C.__, S.__, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
The first section to be added to a chapter is numbered "1" and the remaining sections are numbered consecutively. The only exceptions to this numbering scheme are found in the following:
A decimal citation should be used only if it is clearly the best placement for understanding.
Chapters and Articles
As with sections, articles and chapters are to be numbered consecutively, starting with "1". Since the introduction of the Indiana Code, decimal numbers for various articles and chapters have been used; however, a placement that would result in a new chapter or article having a decimal Code citation should be used only if it is clearly the best placement for understanding.
Numbering of Definitions
(See Definitions, Pages 33-35.)
Use of Repealed Sections, Chapters, Articles, and Titles
To avoid confusing references after a section, chapter, article, or title has been repealed, do not place new text at that Indiana Code location.
Titles, Articles, Chapters
Title, article, and chapter headings are inserted by legislation. The heading should be as broad as possible without being misleading. Once a title, article, or chapter heading has been adopted, however, it cannot be changed by legislation. When it appears that a title, article, or chapter heading change is needed, contact the Office of Code Revision, because IC1-1-1-5(f) provides that title, article, and chapter headings are not a part of the law and may be changed by the lawful compilers to more accurately reflect the text.
Section headings, which do become a part of the law, are not to be used in bills, even when a new section is being added to a chapter that has sections with existing headings. Furthermore, when an existing section that contains a heading is amended, the heading should be stricken, even in uniform laws.
[Note: The headings in IC36-7-4, the local planning and zoning law, are not section headings but relate to applicability. They should be stricken only when a change in applicability is desired. See IC36-7-4-101, IC36-7-4-102, and IC36-7-4-103.]
Amending a Section
When an existing section of the Indiana Code is amended, the latest version of text is set forth in regular roman type (roman type). Material to be deleted is stricken through (strike), and material to be added is set in bold type (bold type).
New Title, Article, Chapter, or Section
When a new title, article, chapter, or section is added to the Indiana Code, the entire title, article, chapter, or section is set in bold type.
Internal References to Indiana Code Provisions
If one provision makes reference to another Indiana Code provision, the form specified in Chapter 1 [see Pages 2-3] is to be followed, except as follows:
However, if different subdivisions are referred to within the same subsection, the drafter should use the SINGULAR because it is the same subsection.
Unless the context necessitates reference to a specific subsection, refer to the section as a whole. References to subparts of laws below the subsection level should be avoided.
If a statute refers, by citation, to a group of provisions in a different Code unit, the references should be cited as follows:
Confusing References to Statutes
Existing references to "the preceding section", "the next section", "the following section", "above", "below", "herein", "hereinafter", "therein", or "hereinbefore" must be clarified by replacing the reference with the corresponding Indiana Code citation.
Internal References to Specific Indiana Session Laws
If it is necessary to use an Acts citation in an Indiana Code provision, the form stated in Chapter 1 [see Page 1] should be followed.
If an Acts citation is found in an existing Code provision, the Code citation must be substituted for the Acts citation unless the law being amended indicated that the adopted law was incorporated as it existed at a particular time or unless the reference is no longer desired. This is the case even if the Acts citation is by quotation of its title, such as "an act concerning the proceedings, order, and determinations of State officers and agencies and judicial review thereof". Thus, one of the following actions is required:
Internal References to Effective Dates
An internal reference to an effective date of an Indiana statute, usually in the form of "the effective date of this act", should be stricken if obsolete. Otherwise, it must be replaced with a specific date as follows:
If the occasion arises for using an effective date reference in a Code provision, do not use the phrase "upon the effective date of this act". Instead, insert a definite date reference.
Confusing Internal References to Effective Dates
The words "now", "existing", "present", "currently", "already", "heretofore", and "hereafter" are inherently ambiguous in statutes, though they usually relate to the time when the provision took effect. These words should be either replaced by a definite date reference or eliminated.
Internal References to Federal Statutes
When citing to a federal law, use the United States Code reference.
Example: 16 U.S.C. 201
Convert federal Public Law numbers and references to the Statutes at Large to U.S.C. references when found in existing statutes. If there is no U.S.C. citation, use the Public Law designation with the designation from the Statutes at Large.
Example: P.L.85-864 (64 Stat. 514)
Internal References to Federal Regulations
When citing to a federal regulation, use the Code of Federal Regulations reference.
Example: 24 CFR 201
Internal References to Indiana Agency Rules
When citing to an Indiana administrative rule, use the Indiana Administrative Code reference.
Example: 310 IAC 2-18-1
When citing to an Indiana administrative rule not in the Indiana Administrative Code, use the Indiana Register reference.
Example: 5 IR 1000
Internal References Within the UCC, UCCC, and Certain Model and Uniform Acts and Compacts
The form of internal references specified in Chapter 1 [see Page 1] is ordinarily used in the Uniform Commercial Code (IC26-1), Uniform Consumer Credit Code (IC24-4.5), state compacts, and certain model and uniform acts. Contact the Office of Code Revision for guidelines on the proper citation format in these statutes.
Other Internal References
Refer to the latest edition of A Uniform System of Citation for other internal reference citations.
Short titles are not to be used except for short titles included in uniform laws drafted by the Conference of Commissioners on Uniform State Laws.
A well-drafted act requires no statement of what it seeks to accomplish or the reasons prompting its enactment. Do not include language stating the purpose of an act or reciting the facts upon which an act is predicated unless the included language would be useful in upholding the act against constitutional attack or is necessary to give meaning to a provision for liberal construction.
An applicability provision is used to specify the persons, things, or occurrences to which the statute applies or to limit the time frame to which the statute applies.
Example: This chapter applies to taxable years beginning after December 31, 2000, and ending before January 1, 2003.
Do not use definitions to limit a statute's application when a substantive statement in an applicability provision would be clearer.
An applicability provision should be placed at the beginning of a title, article, section, or subsection, rather than the end.
Use definitions only:
(a) DO NOT:
Write substantive or applicability provisions into definitions.
"Applicant" means a person who:
Explanation: The definition should have stopped with subdivision (1)--i.e. "Applicant" means a person who applies for a license from the department. Subdivisions (2), (3), and (4) are substantive requirements that should be addressed separately as conditions of licensure.
"Medicaid waiver" refers to a waiver from compliance with the requirements of the federal Medicaid law, which the state department must request from the federal Department of Health and Human Services, in writing, before December 31, 2000.
Explanation: The definition should have stopped after "law"--i.e. "Medicaid waiver" refers to a waiver from compliance with the requirements of the federal Medicaid law. The requirements that the waiver be requested: (1) in writing, and (2) before December 31, 2000, should be put in separate, substantive provisions.
(b) DO NOT:
Use a word in a sense foreign to a dictionary meaning.
Example: "Wheat" means wheat, rye, and barley.
(c) DO NOT:
Develop and use an artificial concept.
Example: See Acts 1967, Ch. 283, SEC.2, in which the concept of "local time" is developed.
(d) DO NOT:
Use a definition if the defined term is used once or very few times.
Use quotation marks and the following style when defining a term:
(a) Use "means" to indicate that there is an exact equivalency between the defined term and the description.
Example:Sec. 1. "Executive" means the mayor of a city.
(b) Use "includes" to indicate items that are marginally included within a nonexhaustive definition.
Example:Sec. 2. "License" includes permit.
Avoid the phrase "includes but is not limited to".
(c) Use "refers to" when adopting a shortened version of a term for use throughout a statute.
Example:Sec. 3. "Population" refers to the population according to the most recent federal special or decennial census.
Example:Sec. 4. There is established the Elkhart superior court (referred to as "the court" in this chapter).
(d) Use "has the meaning set forth in IC. . ." to reference an existing definition.
Example:Sec. 5. "Products" has the meaning set forth in IC6-1.1-3-13.
The elements of a definition may be tabulated.
Form in New Articles
When adding a new article, put the definitions for that article in one chapter with each definition in a separate section in alphabetical order. The first section in the definitions chapter should be an applicability section as follows:
Sec. 1. The definitions in this chapter apply throughout this article.
The definition sections themselves should begin with the defined term itself.
Example: Sec. 2. "Incorporated entity" means a . . .
Form in New Chapters
When adding a new chapter, put each of the definitions in separate sections at the beginning of the chapter in alphabetical order. Each definition section should begin with a statement of applicability:
Example: Sec. 2. As used in this chapter, "incorporated entity" means a . . .
Adding Definitions to Existing Articles and Chapters
When it is necessary to add a new definition to an existing chapter or article, the manner in which the definition is added will depend upon the definitions style that is used in that chapter or article.
Definitions in New and Recodified Titles:
When adding or recodifying a new title, all definitions used in the title should be inserted in alphabetical order in a chapter at the beginning of the title. Definitions should not be inserted throughout the rest of the title.
Definitions in Certain Recently Recodified Titles:
Recently recodified titles include Titles 9, 13, 14, 16, 31, and 34. These titles have all been recently recodified under the supervision of the Code Revision Commission. In addition, Title 12 was substantively amended and reorganized in 1992. The Code Revision Commission has slightly varied the format for definitions in recodified titles over the years.
In Titles 9, 12, 13, 14, and 16, all definitions used in a title appear at the beginning of the title. However, if a definition is used in only one chapter or one section of the title, the text of the definition appears in the chapter or section and only a reference to the term is placed in the Definitions Chapter at the beginning of the title (e.g. Sec. 1. “Computer” has the meaning set forth in IC....(the body of the title)”.)
In the most recently recodified titles, Titles 31 and 34, all definitions appear in alphabetical order at the beginning of the title. None of the definitions appear throughout the text of the title.
Adding a Definition to a Recodified/Revised Title (Title 9, 12, 13, 14, 16, 31, or 34):
The new definition should be added in alphabetical order as a decimal point section, if necessary.
Code Definitions and Construction Provisions
IC1-1-4 contains a list of definitions and construction provisions that apply to all Code provisions and incorporates by reference the criminal law definitions set forth in IC35-41. Avoid defining these terms differently in other parts of the Indiana Code.
Use simple language in the present tense to create or establish an agency, commission, or office.
Example: The office of _____________ is [created][established] in the department of _____________.
Example: The state recount commission is established.
Felonies and misdemeanors constitute crimes under Indiana law. Crimes carry a potential penalty of imprisonment, and any fines imposed on persons convicted of crimes must be deposited in the common school fund.
IC35-50-2 describes the four classes of felonies, and IC35-50-3 describes the three classes of misdemeanors. All crimes should be classified into one of these statutory classes. [See EXHIBIT 20, Page 97].
Ordinarily, a culpability standard should be included in the provision defining a crime. The standards recognized in Indiana are "intentionally", "knowingly", and "recklessly". [See IC35-41-2-2 for descriptions of these standards.]
Infractions and ordinance violations constitute civil violations. They are not criminal offenses (for which a person can be imprisoned) and do not need to be proved beyond a reasonable doubt. Infractions are defined by state statutes, while ordinance violations are defined by local government ordinances. The procedures governing civil violations are set forth in IC34-28-5.
There are four classes of infractions [see IC34-28-5], and the amounts collected as judgments for violations of statutes defining infractions are deposited in the state general fund. Do not draft provisions describing a violation of a local ordinance as an infraction, since infractions carry state penalties.
Counties, cities, towns, and some other local governmental entities, such as hospital corporations and airport authorities, have the power to provide penalties for violation of their own ordinances. Counties, cities, and towns are limited in this area by IC36-1-3-8. Do not include a specific penalty for violating a local ordinance in a statute. The local entity should provide penalties for violations in its own ordinances, and these ordinances should specify the fund in which fines should be deposited.
Properly drafted felony, misdemeanor, and infraction provisions are shown by the following examples:
Example:A person who recklessly kills another human being commits reckless homicide, a Class D felony.
Example:A person who knowingly serves as a member of a precinct election board in violation of IC3-6-6 commits a Class A misdemeanor.
Example:A person operating a vehicle who fails to dim bright or blinding lights when meeting another vehicle or pedestrian commits a Class B infraction.
Avoid providing a general penalty for violation of any provision of a chapter, article, or title. General penalty provisions can be overly broad and may produce unintended results.
When using a population parameter, the drafter must take great care to ensure that the population parameters are the most current parameters. The drafter should not rely on population figures contained in outside drafts. Note that rapidly growing areas are often subject to a special census. See IC 1-1-3.5.
Since most appropriations are temporary in nature, they are drafted as noncode provisions. A few types of appropriations are ongoing and are drafted as Code provisions. Both types are discussed under the heading SPECIFICTYPES OF NONCODE PROVISIONS, Pages 45-47.
A fund is a sum of money segregated for the purpose of carrying on specific activities or attaining certain objectives. If it is necessary to establish a fund, the following form sets forth the issues that should be considered:
Sec. __. (a) The  is established for the purpose of . The fund shall be administered by .
(b) The expenses of administering the fund shall be paid from money in the fund. 
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. (Interest that accrues from these investments shall be deposited in the fund.) 
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.  (However, if the amount of money in the fund at the end of a particular fiscal year exceeds , the treasurer shall transfer the excess from the fund into the .)
In budgetary matters, if oversight by the state budget committee is desired, the drafter should use language similar to that found in the following statutes, because of separation of powers considerations: IC 4-34-3-2(c); IC 4-34-3-4; IC 6-3.1-15-17; IC 21-6.1-2-8(d); IC 36-7-31-12.
When establishing a committee or commission, the drafter must determine what, if any, per diem is to be provided to the committee or commission members. In addition, because of separation of powers considerations, legislative members on executive committees should be nonvoting members.
The following language should be used for a committee or commission that will be controlled by the executive branch [Note: Delete inappropriate subsections]:
Sec. __. (a) As used in this section, "committee" ["commission"] refers to the [insert name of committee/commission].
(b) There is established the _______ committee [commission] on _________ [insert subject matter]. The committee [commission] consists of the following members:
(1) ... .
(2) ... . (et cetera)
(c) ____ [Insert appointing authority] shall appoint_____the chairperson of the committee [commission].
(d) The committee [commission] shall study______.
(e) The _______shall staff the committee [commission].
(f) The expenses of the committee [commission] shall be paid from [insert fund or other source of payment].
(g) Each member of the committee [commission] who is not a state employee is [is not] entitled to the minimum salary per diem provided by IC4-10-11-2.1(b). The member is also [is, however,] entitled to reimbursement for traveling expenses as provided under IC4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(h) Each member of the committee [commission] who is a state employee [but who is not a member of the general assembly] is entitled to reimbursement for traveling expenses as provided under IC4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(i) Each member of the committee [commission] who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
(j) Each member of the committee [commission] who is a member of the general assembly is a nonvoting member.
(k) The affirmative votes of a majority of the voting members appointed to the [committee] [commission] are required for the [committee] [commission] to take action on any measure, including final reports.
When establishing a legislative study committee or commission, the following language should be used:
"SECTION ___. [EFFECTIVE__________] [Sec.] 1. (a) As used in this SECTION [section], “committee” [“commission”] refers to the interim study committee on [insert subject matter] established by this SECTION.
(b) There is established the interim study committee [commission] on [insert subject matter]. The committee [commission] shall study_______.
(c) The committee [commission] shall operate under the policies governing study committees adopted by the legislative council.
(d) The affirmative votes of a majority of the voting members appointed to the [committee] [commission] are required for the [committee] [commission] to take action on any measure, including final reports.
(e) This SECTION [section] expires [insert date].".
See (13) infra for a discussion of Voting Practices of Legislative Committees.
The Legislative Council requires that the affirmative votes of a majority of the voting members appointed to a legislative committee or commission are necessary for the legislative committee or commission to take action on any measure, including final reports. The following language must be included whenever a permanent or temporary legislative commission or committee is established by statute:
Sec. __. The affirmative votes of a majority of the voting members appointed to the [committee] [commission] are required for the [committee] [commission] to take action on any measure, including final reports.
To allow or to require an agency to adopt administrative rules, the following form should be used:
Sec. __. The [name of the agency] may [shall] adopt rules under IC4-22-2 to implement this [section, chapter, article, title].
To prohibit an agency from adopting administrative rules on a certain matter, the following form may be used:
Example: The air pollution control board may not adopt a rule requiring vehicle emission testing in certain counties.
[Note: See Transfer of Responsibilities to Successor Agencies, Page 43, for provisions transferring rules from one agency to another.]
Construction provisions state the manner in which statutes are to be construed. IC1-1-4 sets forth rules of construction that apply throughout the Indiana Code. Individual construction provisions may be used only if a matter cannot be clarified in the substance of the bill itself or in a preamble to the bill. In that case, the construction provision should be drafted as a Code provision [see the discussion of Preamble and Purpose Provisions on Pages 25 and 32].
Under IC1-1-1-8(b) each part of every statute is severable unless a nonseverability provision is included in the statute. If a statute contains a nonseverability provision and if any part of that statute is declared invalid, the whole statute is void. Whether a nonseverability provision should be drafted as amendatory of the Indiana Code or not depends upon the situation. For example, a nonseverability provision must be inserted in the Code whenever it is necessary to indicate that one provision of the Code should be void if another is held invalid or unconstitutional. If the amendments made by a particular act to an existing Code section are to be void if the amendments made by another SECTION of that act to another existing Code section are held invalid, the nonseverability provision should be drafted as a Code provision. If, on the other hand, one noncode provision is to be void if another noncode SECTION of a bill is held invalid, the nonseverability provision should be drafted as a noncode provision.
Sec. __. For the purposes of IC1-1-1-8, if any part of this chapter [title, article, or section] is held invalid, the entire chapter [title, article, or section] is void.
Sec. __. For the purposes of IC1-1-1-8, if section [chapter] __ of this chapter [article] is held invalid, section [chapter] __ is also void.
Sec. __. For the purposes of IC1-1-1-8, if the amendments to section __ of this chapter made by SEA [HEA] 23-2000, SECTION __, are held invalid, the amendments to section __ of this chapter made by SEA [HEA] 23-2000, SECTION __, are void.
SECTION __. For the purposes of IC1-1-1-8, if any part of this SECTION is held invalid, SECTION __ of this act is also void.
If a provision is to expire on a certain date and that date is more than five years after enactment so that the provision may not be drafted as a noncode provision, the provision must contain a statement of its expiration.
For an article, chapter, or section, an expiration section [or subsection] is required at the end of the article, chapter, or section:
Sec. __. This article [chapter] expires ___________, 20__.
(g) This section expires _____________, 20__.
Often, however, applicability provisions are clearer [see p.32].
The rules and legislative procedures committee of the house of representatives and members of the Indiana senate may introduce vehicle bills. A vehicle bill contains no amended text but may be amended later in the legislative process in order to insert the desired text. (If a drafter receives a request for a vehicle bill, contact the director of the drafter's office. No drafting is required, as model vehicle bills are available through the legislative services agency's bill drafting system.)
A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.
Be it enacted by the general assembly of the State of Indiana:
SECTION 1. IC14 is amended concerning natural and cultural resources.
A repealer SECTION may not repeal less than an entire Indiana Code section. If less than an entire Indiana Code section must be removed from the law, the text should be stricken by amendment.
The repealer for a single Indiana Code provision should be written as follows (note that capital letters are used):
SECTION __. IC__________ IS REPEALED [EFFECTIVE JULY 1, 2000].
The repealer for two or more Code provisions should be written as follows:
SECTION __. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2000]: IC___; IC___; IC___; IC___; IC___.
If an entire title, article, or chapter is to be repealed, the repealer should not list each of the Code sections within the title, article, or chapter.
A repealer SECTION may not repeal less than an entire noncode SECTION. If less than an entire noncode SECTION must be removed from the law, the text should be stricken by amendment.
The repealer for a noncode provision added beginning with the 1982 Special Session should be written as follows:
SECTION __. P.L.__-19__, SECTION __, IS REPEALED [EFFECTIVE JULY 1, 1996].
The repealer for a noncode provision added beginning in 1971 and through the 1982 Regular Session should be written as follows:
SECTION __. ACTS __, P.L.__, SECTION __, IS REPEALED [EFFECTIVE JULY 1, 1996].
The repealer for noncode provisions in acts enacted before 1971 should be written as follows:
SECTION __. ACTS __, C.__, S.__, IS REPEALED [EFFECTIVE JULY 1, 1996].
Noncode provisions are acts or parts of acts that are not included in the Indiana Code. Provisions that are not part of the general and permanent statute law of Indiana are ordinarily excluded from the Code.
If a provision does not apply to the state generally, but instead applies only to a particular situation or class, it is "special" legislation (Article 4, Section 22 of the Constitution of the State of Indiana) and not included in the Code. Examples include property transfer acts, where the state authorizes the sale or transfer of a particular piece of land that it owns, and amendments to pre-1852 charters of corporations for towns, churches, cemeteries, or businesses.
If a provision has a general application, but is not permanent law, it is considered "temporary" legislation and may be drafted as a noncode provision. Generally, temporary provisions include those that:
The drafter should not place a temporary, transitional, or self-terminating provision in the Indiana Code unless there are compelling articulable reasons (including time constraints during critical points during the legislative session) for doing so.
Noncode provisions are sometimes called "fall-away" SECTIONS, since these SECTIONS are included in the bound session laws (Acts), but "fall away" after that and are not included in the Indiana Code or its supplements. Noncode SECTIONS are often set forth in annotated, unofficial publications of the Indiana Code (published by West and Burns) in notes following the related Code sections.
Include a statement of expiration in each temporary noncode provision for which the expiration date is known.
Example: (b) This SECTION expires July 1, 2000.
Initial Terms; Staggered Terms
Provisions for initial terms of officers or members set forth the procedure for staggering the terms or for making the transition from one entity to another entity.
SECTION __. [EFFECTIVE JULY 1, 2000] (a) The initial terms of office for the four (4) individuals appointed to the bureau of motor vehicles commission by the governor under IC9-15-1-2 are as follows:
(b) The initial terms begin July 1, 2000.
(c) This SECTION expires July 1, 2004.
SECTION __. [EFFECTIVE JULY 1, 1996] (a) Notwithstanding IC33-5-8-1(b), as added by this act, the judge of the Bartholomew county court on June 30, 1996, is entitled to serve as the initial judge of the Bartholomew superior court No. 2 for a term beginning July 1, 1996, and ending December 31, 1997.
(b) The initial election of a judge of the Bartholomew superior court No. 2 is the general election to be held November 6, 1997. The person elected in that election takes office January 1, 1998.
(c) This SECTION expires January 2, 1998.
Transfer of Responsibilities to Successor Agencies
A provision transferring rules from one agency or entity to another may be written as follows:
SECTION __. [EFFECTIVE UPON PASSAGE] The rules adopted by the stream pollution control board before April 1, 2000, concerning solid waste management are considered, after March 31, 2000, rules of the solid waste management board.
A provision transferring property from one agency or entity to another may be written as follows:
SECTION __. [EFFECTIVE JANUARY 1, 1997] On January 1, 1997, the state department of public welfare becomes the owner of all the personal property of the county departments of public welfare abolished by this act.
A provision transferring funds from one agency or entity to another may be written as follows:
SECTION __. [EFFECTIVE JULY 1, 1997] (a) The funds that remain in a county's county welfare fund and the county welfare trust clearance fund on December 31, 1997, that are attributable to administration, facilities, supplies, and equipment, as determined by the state board of tax commissioners, shall be transferred to the state and deposited in the state welfare fund.
(b) This SECTION expires January 1, 1998.
Interim Administrative Rules
Under the administrative rule adoption procedure (IC4-22-2), it usually takes six months or more for a rule to progress from its proposed form to its taking effect. Occasionally it is necessary to draft a temporary provision to provide that interim guidelines apply while formal rules are being adopted under IC4-22-2. This temporary provision should be a noncode SECTION. The following form is suggested:
SECTION __. [EFFECTIVE UPON PASSAGE] (a) Notwithstanding IC_________, as added [amended] by this act, the state fire marshal [or other agency] shall carry out the duties imposed upon it under IC_______ under interim written guidelines approved by the state fire marshal [or other agency head].
(b) This SECTION expires on the earlier of the following:
Note that IC4-22-2-19 permits agencies to begin the rulemaking process before the statute authorizing the rule becomes effective.
A legalizing provision is a statute passed to:
(a) cure defects in prior law;
(b) validate legal proceedings, instruments, or acts of public and private administrative authorities; that, in the absence of the legalizing provision, would be void for want of conformance with existing legal requirements, but that would have been valid if the statute had so provided at the time of the action. Because the purpose of a legalizing provision is fulfilled on its effective date, the provision should be drafted as a noncode provision. For examples of some legalizing provisions, see P.L.10-1988, SECTION 239, and P.L.42-1988, SECTION 5.
Statutes may be retrospective only if:
(a) contract rights are not impaired (Article 1, Section 24 of the Constitution of the State of Indiana);
(b) existing rights are not affected.
The constitutional prohibition against ex post facto laws applies only to criminal statutes.
A savings provision is designed to preserve rights or liabilities that have already accrued. There is a general savings provision located at IC1-1-5-1 that preserves penalties, forfeitures, or liabilities. It states that:
Sec. 1. . . . the repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide; and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action, or prosecution for the enforcement of such penalty, forfeiture, or liability.
Note that this provision does not have the effect of saving rights accrued under a statute. Generally, it is not the intent of the general assembly to perpetuate rights under repealed provisions, but if that is the intent in a particular instance, a specific noncode savings provision is required.
A savings clause should be included in a bill only if the general savings clause is not adequate and there is some uncertainty that cannot be removed in the specific language of the bill. In such a case, the savings provision should be made noncode.
SECTION __. [EFFECTIVE UPON PASSAGE] This act does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before the effective date of this act. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if this act had not been enacted.
See EXHIBIT 22, Page 100, as an example of a savings clause inserted in a recodified title.
A severability provision (also sometimes referred to as a separability clause) provides that if any part of an act is found invalid the remainder of the act should be upheld. The Indiana Code contains a general severability provision at IC1-1-1-8 (b) that applies to all Indiana statutes. If a severability provision is required to be included in a bill, it should be drafted as a noncode provision since the Code already contains the general severability provision.
SECTION __. [EFFECTIVE UPON PASSAGE] The provisions of this act are severable in the manner provided by IC1-1-1-8(b).
Nonseverability provisions can be drafted as noncode provisions when the bill is a noncode bill. [See Nonseverability Provisions, Page 40.]
There are two types of appropriations, continuing and temporary.
A continuing appropriation is an annual and continuing appropriation or an appropriation that exceeds five years. This type of appropriation should be drafted as a Code provision.
The general assembly usually likes to retain control over agencies through the appropriations process and, therefore, does not want legislation that annually appropriates money without an affirmative act. Occasionally, however, the general assembly will want to provide an ongoing appropriation known as a continuing appropriation. If properly drafted, a continuing appropriation appropriates money to an agency without further action by the general assembly. Of course, the general assembly can always change its mind and remove the continuing appropriations language or supersede it in a budget act. A continuing appropriation is drafted as amendatory of the Code as follows:
Sec. __. There is annually appropriated to   from  for its use in .
The general assembly shall appropriate . . .
The general assembly may appropriate . . .
These phrases are significant only to the extent that they indicate the present intent of the general assembly as to future funding. Since one general assembly cannot bind another, these phrases do not themselves provide for funding.
A temporary appropriation is for a specific period of time not to exceed five years. This type of appropriation should be drafted as a noncode provision. The following form should be followed for a temporary appropriation:
SECTION __. [EFFECTIVE JULY 1, 2000] There is appropriated to   from  for its use in  .
In the appropriation, note if it is in addition to or in place of money appropriated in a budget act. However, do this only if you know that the budget act made an appropriation for the same purpose.
Appropriated funds that are not used or encumbered during the fiscal year or fiscal biennium for which they are appropriated revert to the state general fund unless otherwise provided by the appropriation or unless specifically covered by IC4-13-2-19 . Do not state the fiscal year if reversion is not desired. If reversion is not desired, insert the following language:
The money appropriated by this section [SECTION] [act] does not revert to the state general fund at the close of any fiscal year but remains available to the state department of health [insert name of agency] until the purpose for which it was appropriated is fulfilled.
A bill for special relief on behalf of a citizen to redress an alleged wrong of the state or a state agency may be drafted in such a manner that it is not in conflict with Article 4, Section 24 of the Constitution of the State of Indiana. Use the following form:
Citations Affected: None (noncode).
Synopsis: Provides special relief for ___ [insert the name of the person to receive the relief].
Effective: July 1, 2000.
A BILL FOR AN ACT for the special relief of ___ [insert the name of the person to receive the relief].
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. [EFFECTIVE JULY 1, 2000] There is appropriated to __ [insert claimant's name], $__ from the state general fund for special relief. This money is not appropriated for payment of damages but is provided solely out of humanitarian consideration for the wrongs done to ___ [insert claimant's name].
IC1-1-3-3 provides for a uniform effective date of July 1 for acts passed at a regular session of the general assembly. The uniform effective date should be included in the lead-in line for a SECTION, if the SECTION is to take effect on that date.
Effective dates other than the uniform date should be included in the lead-in line of the SECTION affected.
Article 4, Section 28 of the Constitution of the State of Indiana specifies that an act may take effect before it is published and circulated in all counties only if the general assembly declares an emergency in the act. A separate noncode provision containing an emergency clause is required in the following cases:
The noncode provision must be in the following form:
SECTION __. An emergency is declared for this act.
An effective date affecting a code provision must be inserted in brackets in all roman capital letters before the colon in the lead-in line as follows:
SECTION __. IC 33-5-25-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2000]:
An effective date affecting a repealer must be inserted in brackets in all roman capital letters after the word "REPEALED" as follows:
SECTION __. IC 33-5-25-1 IS REPEALED [EFFECTIVE JULY 1, 2000].
SECTION __. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2000]: IC1-7-5-6; IC12-17-4-3.
An effective date affecting a noncode provision other than an amendment of another noncode provision must be inserted in brackets in all roman capital letters after the SECTION number as follows:
SECTION __. [EFFECTIVE JANUARY 1, 2000] (a) The initial members. . .
The effective date clause for the amendment of a noncode provision must be prepared in the same style as the effective date clause for a code provision.
SECTION __. P.L.18-1991, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2000]: SECTION 1. . .
For a bill to take effect at the earliest possible time, say:
SECTION __. IC 4-21.5-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
The language "upon passage" has been interpreted to mean that the bill takes effect when signed by the governor or on the eighth day after presentment to the governor if the governor refuses to sign or veto the bill (Article 5, Section 14 of the Constitution of the State of Indiana). Ordinarily, however, it is best to provide for a specific effective date.
If a bill contains a SECTION that takes effect upon passage, the bill requires an emergency clause.
Avoid the use of "effective upon passage".
In long sessions, avoid effective dates from January 1 to May 14 of that year.
In short sessions, avoid effective dates from January 1 to March 31 of that year.
Avoid providing for an effective date beyond July 1 of the year following the year of enactment. Instead, it may be more practical to insert dates of application in the Indiana Code.
Example: Sec. __. After July 1, 2004, the commissioner shall operate all license branches.
Often if an appropriation is involved, the bill will need to take effect at the beginning of the next fiscal year. Each state fiscal year runs from July 1 of one year through June 30 of the following year.
Example: SECTION __. [EFFECTIVE JULY 1, 2000] One million dollars ($1,000,000) is appropriated...
[Note: The fiscal year for political subdivisions is January 1 through December 31, but the budget-making process for local government begins July 1 of the preceding year.]
If a SECTION is to take effect retroactively, say:
SECTION __. IC4-21.5-3-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE _________, 20__ (RETROACTIVE)]:
If a bill contains a SECTION that takes effect retroactively, the bill requires an emergency clause.
It is possible to draft legislation that will be applicable upon the occurrence or nonoccurrence of some future event. In drafting such a provision, comply with Article 1, Section 25 of the Constitution of the State of Indiana, which voids any act taking effect on any " authority outside that provided in the Constitution".
Example: If a majority of the votes cast in the referendum favor the election of the members of the governing body, then IC20-3-19 applies to the school corporation.
Provisions that might fail to comply with the constitutional requirement are as follows:
This act becomes effective when the Association of Electricians adopts standards to govern the installation of wiring.
This act becomes effective when the United States Drug Enforcement Agency adds the substances listed in this article to its list of controlled substances.
THE DAILY SCHEDULE
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