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A. PRINCIPAL COMPONENTS OF BILL

(1) Introduction

The principal components of a bill are the following:

• Digest
• Title
• Enacting Clause
• Body

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.

(2) Order of Provisions in New Chapter or Article

The following is suggested as the order of provisions in a bill that adds a new chapter or article:

Code Provisions

1. Applicability (including scope, exceptions, and exclusions)
2. Definitions
3. Creation of entity
4. Administrative and procedural provisions
5. Substance (state requirements in order of time, importance, or other logical sequence)
6. Prohibitions and penalties

Noncode Provisions

7. Repeals
8. Transitional provisions
9. Legalizing provisions
10. Savings provisions
11. Severability provisions
12. Appropriations

B. BILL DIGEST

(1) Introduction

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:

1. The first part of a digest should list the Indiana Code citations affected. If the bill also amends noncode provisions, list those provisions after the Code citations. If the bill only adds noncode provisions, write "None (noncode).".
2. The second part of a digest is the synopsis. The synopsis is a brief summary of the contents of the bill. The synopsis should be as short as possible. The digest is intended to be a general summary of the bill and not a point by point outline.
3. The first sentence in the synopsis should summarize the entire bill in a topic sentence of five to eight words. The other sentences in the synopsis for a bill amending the Code should begin with a verb followed by a brief explanation of the proposed change. If, however, so many changes are being made that a complete listing would be impractical, the following language may be used:
   Example: "Makes numerous other changes in the law of ...".
4. The digest of each bill containing an appropriation should state the appropriated amount in the synopsis.
5. The digest of each bill containing a repealer should provide a description of the repealed provision in the synopsis.
6. At the end of the synopsis, there may be inserted a statement that the bill was prepared at the request of a particular committee or commission, if:
   1. the bill was prepared under the direction of an interim study committee established by the Legislative Council or by a commission established by the general assembly with legislative members; and
   2. the committee or commission agrees to insert such a statement. The statement must be in the following form:
      
      (The introduced version of this bill was prepared by the ______________.)
      
      This statement may not be inserted in the bill synopsis if the author makes any unauthorized substantive changes in the bill for introduction after committee or commission action.
      
      If a bill contains text that corrects a conflict between two bills enacted during the previous session of the general assembly, the digest should contain the following statement at the end of the synopsis:
      
      Reconciles conflicts between statutes enacted by the [year] general assembly (shown in italicized type).
7. The third part of each digest is a statement of the bill's effective date. Each effective date in the bill must be mentioned, even the uniform effective date (IC1-1-3-3) of July 1.

(2) Form of a Digest

Example:

Example:

Example:

C. BILL TITLE

(1) Introduction

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.

(2) Emergency

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.

(3) Appropriations

If the bill makes an appropriation, include that fact in the title. Say:
A BILL FOR AN ACT to . . . and to make an appropriation.

(4) Repeal of Code Provisions

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.

Examples:

A BILL FOR AN ACT to repeal a provision of the Indiana Code concerning . . .

or

A BILL FOR AN ACT to repeal certain provisions of the Indiana Code concerning . . .

(5) Noncode Bill

The title of a noncode bill, which is a bill that contains only noncode provisions, should appear as follows:

• A BILL FOR AN ACT concerning . . .

If the bill amends only an existing noncode act, use one of the following [see Session Law Citations, Page 2]:

• A BILL FOR AN ACT to amend Acts ___, c.___, s. ___, concerning . . .
• A BILL FOR AN ACT to amend Acts ___, P.L.___, SECTION ___, concerning . . .
• A BILL FOR AN ACT to amend P.L.___-19__, SECTION ___, concerning . . .

D. BILL PREAMBLE [see also Purpose Provisions, Page 32.]

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.

Example:

E. BILL ENACTING CLAUSE

Each bill must contain the following standard enacting clause required by Article 4, Section 1 of the Constitution of the State of Indiana:

F. INTRODUCTORY CLAUSE (LEAD-IN LINE)

(1) Introduction

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:

1. The entire lead-in line is in capital letters.
2. An introductory clause to a section of the Indiana Code must include both the Indiana Code citation for that section and the designation of the last act, published after the last official edition of the Code, that amended that particular section, if any.
3. The introductory clause must indicate when the affected SECTION is effective [see EFFECTIVE DATES, Pages 47-49].

(2) Amendments to the Code

To amend a section that has not been amended or added since the publication of the 1998 Edition of the Indiana Code, say:

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:

[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.]

(3) Additions to the Code

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:

To add a new chapter to an article, say:

To add a new article to a title, say:

To add a new title to the Code, say:

(4) Repealers

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.]

(5) Noncode Provisions

Additions

If a noncode provision is being added, an introductory clause is not required because the provision does not amend the Indiana Code.

Amendments

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:

(b) For noncode provisions in acts enacted beginning with the 1971 Session and through the 1982 Regular Session:

(c) For noncode provisions in acts enacted before 1971:

G. CODE PROVISIONS GENERALLY

(1) Numbering System

Sections

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:

1. The Uniform Commercial Code (IC26-1).
2. The Uniform Consumer Credit Code (IC24-4.5).
3. The local planning and zoning law (IC36-7-4).
4. The fuel tax laws (IC6-6).

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.

(2) Headings

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.

Sections

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.]

(3) Printing Style

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.

(4) Internal References

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:

1. A reference to the title in which the reference occurs should be expressed as "this title".
2. A reference to the article in which the reference occurs should be expressed as "this article".
3. A reference to the chapter in which the reference occurs should be expressed as "this chapter".
4. A reference to the section in which the reference occurs should be expressed as "this section".
5. A reference to the subsection in which the reference occurs should be expressed as "this subsection".
6. A reference to another section or sections in the same chapter should be expressed as "section ... of this chapter" or "sections ... through ... of this chapter".
7. A reference to a specific subsection in the same section should be expressed, for example, as "subsection (a)" or "subsections (a) through (d)".
8. A reference to a subsection in the same chapter but not in the same section should be cited, for example, as "section 5(b) of this chapter".
9. A reference to multiple subsections should be as follows:
   Examples:
   • subsections (a) and (b) [PLURAL]
   • subsection (a) or (b) [SINGULAR]
   • subsections (a) through (d) [PLURAL]

However, if different subdivisions are referred to within the same subsection, the drafter should use the SINGULAR because it is the same subsection.

Examples:

• subsection (a)(1) and (a)(3)
• subsection (a)(1) through (a)(3)

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:

• For a group of titles, cite as "IC2 through IC6".
• For a group of articles, cite as "IC2-3 through IC2-5".
• For a group of chapters, cite as "IC5-4-7 through IC5-4-8".
• For a group of sections, cite as "IC5-4-3-2 through IC5-4-3-9".

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:

1. Retain the Acts citation. Note, however, that this may require striking an Acts citation by title and
2. inserting the Acts citation in the proper form.
   Example:
   • "An act to amend sections 1 and 12 of an act entitled 'An act concerning highways', approved March 8, 1905" would be replaced by "Acts 1907, c.232".
3. Replace the Acts citation with a Code citation to the current law on the matter.
4. Delete the citation entirely.

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:

1. If an act has a specific effective date, substitute that date for the reference.
2. If an act declares an emergency and provides that it takes effect upon passage, insert the approval date, which is found in the Acts after the chapter or public law number.
3. For an act passed beginning in 1852 and through 1978, if the act contains no emergency clause or specific effective date, use the promulgation date for that year's laws. The promulgation dates for the Acts are listed in the prefatory pages of each Indiana Code volume.
4. For an act passed beginning in 1852 and through 1978, if there is no declaration of emergency and the specific effective date is before promulgation, insert the promulgation date for that year (Article 4, Section 28 of the Constitution of the State of Indiana).
5. For an act passed during or after 1979, see EFFECTIVE DATES, Pages 47-49 .

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.

H. SPECIFIC TYPES OF CODE PROVISIONS

(1) Short Titles

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.

(2) Purpose Provisions [see also BILL PREAMBLE, Page 25]

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.

(3) Applicability Provisions

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.

(4) Definitions

Introduction

Use definitions only:

1. when a word is used in the sense of one of several dictionary meanings or is used in a technicalmanner;
2. to avoid repetition of a lengthy phrase; or
3. to limit or extend the meaning of a word for the provisions of the statute.

(a) DO NOT:

Write substantive or applicability provisions into definitions.

Example:

Example:

(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.

Form Generally

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:

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.

(5) Creation of Agency or Office

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.

(6) Criminal and Civil Penalties

Crimes

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.]

Civil Violations

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.

Infractions

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.

Ordinance Violations

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.

Form Generally

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.

(7) Population Parameters

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.

(8) Appropriation Provisions

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.

(9) Funds

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:

Explanation:

1. Insert the name of the fund.
2. Insert the purpose of the fund, such as to:
   1. receive taxes or other revenues for specific uses;
   2. provide for the production or distribution of saleable goods and services; or
   3. receive, hold, and disburse funds as a fiduciary.
3. Insert the name of the entity that is to administer the fund.
4. This is an optional provision. Its use should be discussed with the author.
5. This is an optional provision that should only be used in the case of trust funds, where specifically requested by the legislator, or where required by federal law.
6. If this language does not appear, the money remaining in the fund at the end of a fiscal year automatically reverts to the state general fund if the money was originally appropriated from the state general fund (IC4-13-2-19).
7. This is an optional "scrape-off" or "spill-over" provision. Insert the dollar amount over which the fund should not grow.
8. If an optional "scrape-off" provision is used, insert the name of the fund into which the excess money is to be deposited.

(10) Legislative Oversight:

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.

(11) Executive Committees and Commissions: Travel Expenses, Per Diem, Membership, Voting Practices, and Other Procedural Matters

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]:

(12) Legislative Committees and Commissions: Travel Expenses, Per Diem, Membership, and Other Procedural Matters

When establishing a legislative study committee or commission, the following language should be used:

Each year the Legislative Council establishes the procedures for legislative study committees, which provide for the appointment of the chairman, the number of members, per diem and mileage, funding, and other matters.)

See (13) infra for a discussion of Voting Practices of Legislative Committees.

(13) Voting Practices for Legislative Committees Created by Statute

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:

(14) Administrative Rules

To allow or to require an agency to adopt administrative rules, the following form should be used:

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.]

(15) Construction Provisions

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].

(16) Nonseverability Provisions

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.

Examples:

(17) Expiration Provisions

Introduction

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:

Often, however, applicability provisions are clearer [see p.32].

(18) Vehicle Bills

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.)

Example:

I. REPEALERS

(1) Code Provisions

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):

The repealer for two or more Code provisions should be written as follows:

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.

(2) Noncode Provisions

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:

The repealer for a noncode provision added beginning in 1971 and through the 1982 Regular Session should be written as follows:

The repealer for noncode provisions in acts enacted before 1971 should be written as follows:

J. NONCODE PROVISIONS GENERALLY

(1) Defined

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:

1. contain a specific termination date that is within five (5) years of the date of passage of the act;
2. provide for transitional or implementary matters in an otherwise permanent act; or
3. terminate by implication when their purpose is fulfilled or ceases to exist.

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.

(2) Expiration Date

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.

K. SPECIFIC TYPES OF NONCODE PROVISIONS

(1) Transitional Provisions

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.

Example:

Example:

Transfer of Responsibilities to Successor Agencies

A provision transferring rules from one agency or entity to another may be written as follows:

Example:

A provision transferring property from one agency or entity to another may be written as follows:

Example:

A provision transferring funds from one agency or entity to another may be written as follows:

Example:

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:

Example:

Note that IC4-22-2-19 permits agencies to begin the rulemaking process before the statute authorizing the rule becomes effective.

(2) Legalizing Provisions

A legalizing provision is a statute passed to:

(a) cure defects in prior law;

or

(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);

or

(b) existing rights are not affected.

The constitutional prohibition against ex post facto laws applies only to criminal statutes.

(3) Savings Provisions

Introduction

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.

Example:

Codification

See EXHIBIT 22, Page 100, as an example of a savings clause inserted in a recodified title.

(4) Severability Provisions

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.

Example:

Nonseverability provisions can be drafted as noncode provisions when the bill is a noncode bill. [See Nonseverability Provisions, Page 40.]

(5) Appropriation Provisions

There are two types of appropriations, continuing and temporary.

Continuing

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:

Explanation:

1. Insert the full statutory title of the agency to receive the funds.
2. Insert the amount of money to be appropriated. If there is no definite dollar amount, insert the method to be used to compute the maximum possible amount of the appropriation.
3. Insert the source of the money, such as "the state general fund".
4. Insert the purposes for which the funds are to be used. This purpose may be expressed in general terms such as "carrying out the purposes of this chapter".

Don't say:

The general assembly shall appropriate . . .

or

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.

Temporary

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:

Explanation:

1. Insert the full statutory title of the agency to receive the funds.
2. Insert the amount of money to be appropriated. If there is no definite dollar amount, insert the method to be used to compute the maximum possible amount of the appropriation.
3. Insert the source of the money, such as "from the state general fund".
4. Insert the purpose for which the funds are to be used. This purpose may be expressed in general terms such as "carrying out the purposes of IC______".
5. Insert the period of time (not to exceed five years) for which the appropriation is made. For
6. example, for a state fiscal year say, "beginning July 1, 20__, and ending June 30, 20__". For most appropriations, it is best to appropriate the money at the start of a fiscal year] . However, do not use "fiscal year" and the specific dates of the fiscal year together since that would be redundant.

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.

Reversion

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:

Example:

(6) Special Relief Bills

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:

(7) Medicaid Waiver Provisions: See EXHIBIT 21, Page 98, for an example.

L. EFFECTIVE DATES

(1) Uniform Effective Date

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.

(2) Other Effective Dates

Effective dates other than the uniform date should be included in the lead-in line of the SECTION affected.

(3) Early Effective Dates

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:

1. The session is a long session and the effective date of an act precedes June 15.
2. The session is a short session and the effective date of an act precedes May 1.

The noncode provision must be in the following form:

(4) Effective Dates for Code Provisions

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:

(5) Effective Dates for Repealers

An effective date affecting a repealer must be inserted in brackets in all roman capital letters after the word "REPEALED" as follows:

(6) Effective Dates for Noncode Provisions

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:

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.

(7) Effective Dates Upon Passage

For a bill to take effect at the earliest possible time, say:

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.

(8) Effective Dates to be Avoided

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.

(9) Delayed Effective Dates

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.

(10) Fiscal Years

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.]

(11) Retroactivity

If a SECTION is to take effect retroactively, say:

If a bill contains a SECTION that takes effect retroactively, the bill requires an emergency clause.

(12) Contingent on Some Event

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:

Don't say:

This act becomes effective when the Association of Electricians adopts standards to govern the installation of wiring.

or

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 Senate and House have adjourned Sine Die.

THE DAILY SCHEDULE

Senate House