When preparing to amend a bill at any stage of the legislative process, the first thing the drafter must do is
to note which version of the bill is to be amended, i.e., the introduced version, the first printing, or the
engrossed printing. The amendment itself must contain a statement at the end (known as the reference line)
indicating which version is being amended.
(1) Introduced Version (First House Committee Amendments)
If the introduced version of the bill is to be amended by the first house committee, a reference line must be
inserted at the end of the amendment as follows:
(Reference is to SB [HB] ____ as introduced.)
(2) First Printing (First House Floor Amendments and Second House Committee Amendments)
After an introduced bill is passed out of the first house committee and the committee report is adopted on
the floor, the bill is printed for the first time. This version of the bill may be amended on second or third
reading in the first house or by a second house committee.
(a) Second or Third Reading Floor Amendments
If the first printing is to be amended on second or third reading in the first house, the amendment must
contain a reference line as follows:
(Reference is to SB [HB] ____ as printed _________, 20__.)
(b) Second House Committee Amendments
No Floor Amendments
If the first printing of the bill is not amended on second or third reading and the bill is passed out of the
first house, it is the first printing of the bill that the second house committee will consider. If the second
house committee is to amend the bill, the amendment must contain a reference line referring to the first
printing as follows:
(Reference is to SB [HB] ____ as printed __________, 20__.)
Unincorporated Floor Amendments
If:
(i) the first printing of the bill was amended on second or third reading;
(ii) the bill was passed out of the first house;
(iii) the second or third reading amendments are not incorporated into a reprinted version of the
bill; and
(iv) the second house committee is to amend the bill;
the amendment must contain a reference line referring to the first printing and to the unincorporated first
house floor amendments as follows:
(Reference is to SB [HB] ____ as printed ___________,20__, and as amended on motion of
Senator [Representative] __________ adopted ____________, 20__, and on motion of Senator
[Representative] _________ adopted ____________, 20__.)
Unincorporated Committee of One Report
If there are unincorporated changes that are made in the committee report of a Committee of One, the
reference line should read as follows:
(Reference is to SB [HB] ____ as printed ____________, 20__, and as amended by the
committee report of the committee of one adopted ___________, 20__.)
Unincorporated Technical Corrections
If there are unincorporated changes that are made by Senate Rule 34 or House Rule 67 technical
corrections, the reference line should read as follows:
(Reference is to SB [HB] ____ as printed ____________, 20__, and as corrected under Senate
Rule 34 [House Rule 67] ___________, 20__.)
(3) Reprinted First Printing (Second House Committee Amendments)
Sometimes a bill will be reprinted to incorporate second reading amendments. This reprinted version will
be printed on yellow paper and will contain the date on which it was reprinted. If a second house committee
is to amend a reprinted bill, the amendment must contain a reference line as follows:
(Reference is to SB [HB] ____ as reprinted _________, 20__.)
(4) Engrossed Printing (Second House Floor Amendments)
After a bill is passed out of the second house committee and the committee report is adopted on the floor,
the bill is again printed. This version of the bill is referred to as the engrossed printing. (a) Second Reading Amendments
If the engrossed bill is to be amended on second reading in the second house, the amendment must
contain a reference line as follows:
(Reference is to ESB [EHB] ____ as printed ___________, 20__.) (b) Incorporated Floor Amendments
If the engrossed bill is amended by the second house on second reading and the bill is reprinted (on
yellow paper) to incorporate those amendments, any further amendment of the bill (such as on third
reading or by a conference committee) must contain a reference line as follows:
(Reference is to ESB [EHB] ____ as reprinted __________, 20__.)
(c) Unincorporated Floor Amendments
If the engrossed bill is amended by the second house on second reading and the bill is not reprinted to
incorporate those amendments, any further amendment of the bill (such as on third reading or by a
conference committee) must contain a reference line as follows: Example: (Reference is to ESB [EHB] ____ as printed ___________ , 20__, and as amended on motion
of Representative [Senator] ____ adopted ____________, 20__, and on motion of Representative
[Senator] _____ adopted ___________, 20__.)
Example:
(Reference is to ESB [EHB]____ as printed____,20__, and as amended by the committee
report of the Committee of One adopted_____, 20__.)
(d) Unincorporated Technical Corrections
If there are unincorporated changes that are made by Senate Rule 33(c) or House Rule 67 technical
corrections, the reference line must read as follows:
(Reference is to ESB [EHB] ____ as printed ____________, 20__, and as corrected under
House Rule 67 [Senate Rule 33(c)] _________, 20__.)
Use the following terminology whenever amending a bill. These instructions are for the benefit of the
legislative printer, who must follow the instructions literally. Because of computer programming, it is very
important to always remember to include ending quotation marks when using quotation marks. [See
AMENDMENT OF PROVISIONS NOT FOUND IN A PRINTED BILL, Page 66, for additional rules
affecting bills in the second house committee.]
A summary of commonly used drafting commands may be found in EXHIBIT 23, Page 106.
(1) Altering Introductory Clauses
To cause material to be removed, use "delete".
Example: Page 1, line 1, delete "AMENDED".
To cause material to be added, use "insert".
Example: Page 1, line 1, delete "AMENDED" and insert "ADDED".
(2) Altering Nonamendatory SECTIONS of a Bill (i.e., changes in a SECTION of the bill adding entirely
new material such as a new section, a new chapter, and the text of a noncode SECTION.)
To cause material to be removed from text, use "delete" .
Example: Page 1, line 6, delete "article".
To cause material to be added to the text, use "insert".
Example: Page 1, line 6, delete "article" and insert " chapter".
(3) Altering Amendatory SECTIONS of a Bill ( i.e., changes in text of a SECTION of the bill that amends
a section of existing law.)
To cause material in bold type to be removed from text, use "delete".
Example: Page 1, line 6, delete "article".
To cause material in roman type to appear in cancelled type, use "strike".
Example: Page 1, line 7, strike "1979,".
To cause material to be added in bold type, use "insert".
Example: Page 2, line 7, after "director" insert " or deputy".
Example: Page 4, line 10, strike "agency" and insert " commission".
Example: Page 5, line 15, delete "district" and insert " authority".
To cause material in cancelled type to be reset in roman type, use "reset in roman".
Example: Page 3, line 8, reset in roman "commissioner".
[Note: Do not show the stricken material as stricken in the instruction to reset in roman.]
(4) Adding New SECTIONS to a Bill
To add an amendatory Indiana Code provision, use "insert:" and indicate the necessary typefaces.
Example: Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
"SECTION 1. IC 5-6-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1997]: Sec. 1. A person isauthorizedto may ... .".
To add a new Code provision or a noncode provision, use "insert:" and indicate the necessary typefaces.
Example: Page 6, between lines 21 and 22, begin a new paragraph and insert:
"SECTION ... IC 5-6-7-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 10. ....".
IMPORTANT NOTE: Always check the daily action file, the Table of Amendments, Repeals, and
Additions, and the Comprehensive Citation Report to determine conflicts with other legislation. Make
certain that all succeeding SECTIONS and references to SECTIONS in the bill are renumbered accordingly.
Also, check the title, and, if necessary, recommend a title amendment to the majority attorney of the chamber
considering the bill.
(5) Altering the Entire Body of a Bill by Bill Stripping
For inserting an entirely new body of text into a bill, use the following language:
Delete everything after the enacting clause and insert the following:
Because the subject matter of the new material is often different from that in the original bill, determine if
a title amendment is necessary.
Avoid "stripping" a bill if the amendment can be done by use of line and page references. If the drafter or
legislator decides that bill stripping is still the best approach, check the rules of each house to determine its
policy on bill stripping before proceeding.
Also keep in mind at conference committee time that if a conference committee inserts a totally new subject
matter into a bill (material that has not previously been passed by one of the houses), the senate rules require
that the conference committee report be referred to the Senate Committee on Rules and Legislative
Procedures.
If that committee approves the report, the bill is then placed on a special calendar for consideration.
(6) Changing a Title
To amend an existing title or to add an entirely new title, say:
Delete the title and insert the following:
A BILL FOR AN ACT . . .
Avoid overly specific titles. Say "A BILL FOR AN ACT concerning local government" rather than "...
concerning the fire protection district tax of the town of Spring Grove".
(7) Use of Quotation Marks
Material to be inserted in a bill should be enclosed by quotation marks, except when a bill is stripped.
Example: Page 8, between lines 9 and 10, begin a new paragraph and insert:
" "Person" means an individual, a corporation, or a partnership.".
(8) Renumbering SECTIONS of a Bill
To renumber the SECTIONS of a bill when a SECTION is added or removed, the drafter should renumber
all of the SECTIONS of the bill by adding a renumbering command immediately before the reference line
as follows:
Renumber all SECTIONS consecutively.
Whenever SECTIONS are renumbered, carefully check for any internal references to those SECTIONS that
should be changed.
(9) Changing Effective Dates in One or More SECTIONS
Whenever an effective date is changed in a SECTION, the drafter can use individual line and page references
or the drafter can change several consecutive SECTIONS of the bill at once. Remember that a separate
noncode SECTION may be needed to declare an emergency in some cases. [See Early Effective Dates,
Page 48.]
(a) Replacing Effective Dates in Several SECTIONS
Assume that a bill contains 15 SECTIONS and that SECTION 3 has been removed. To change the
effective date in the remaining SECTIONS, use the following form:
Replace the effective dates in SECTIONS 4 through 15 with "[EFFECTIVE JULY 1, 2001]".
Note: When this command is used, it must be the first command in the document, except for a title
amendment.
(b) Replacing an Effective Date in Only One SECTION
Page 3, line 16, delete "[EFFECTIVE JANUARY 1, 2000]" and insert "[EFFECTIVE
SEPTEMBER 1, 2000]".
or
Replace the effective date in SECTION 3 with "[EFFECTIVE JANUARY 1, 2001].".
(10) Miscellaneous Drafting Commands
(a) To delete new material from or strike part of a line:
Don't say:
Page 1, line 6, after "an" delete [strike] the rest of the line.
Say:
Page 1, line 6, delete [strike] "individual who wishes to ride the".
(b) To delete or strike an entire line, say:
Page 1, delete [strike] line 6.
(c) To delete or strike two or more consecutive lines, say:
Page 2, delete [strike] lines 1 through 2.
(d) To strike an entire subsection or subdivision, strike the numeric or alphabetic designation at
the beginning of the text being stricken.
Example:
...the following:
(1) Name of corporation. (2)Address.
(2) State where incorporated.
(e) To delete one entire page, say:
Delete page 2.
(f) To delete two or more entire pages, say:
Delete pages 2 through 5.
(g) To begin a new paragraph, say:
Page 3, between lines 6 and 7, begin a new paragraph and insert:
" (b) A house trailer may be taxed once a year.".
(h) To block indent, say:
Page 4, line 6, after "or" begin a new line block indented and insert:
" (1)".
(i) To double block indent, say:
Page 5, line 10, after "year." begin a new line double block indented and insert:
" (C) A license must be renewed each year."
(j) To have a line return to the margin, say:
Page 5, line 6, block left beginning with "commits".
(k) To begin a new line at the margin, say:
Page 10, line 5, begin a new line blocked left and insert " must renew the license each year.".
(l) To have two lines run together that are separated by some type of indentation, say:
Page 1, run in lines 20 through 21.
Page 5, run in line 42 through page 6, line 1.
(m) To have two lines run together after an intervening line has been deleted, say:
Page 2, run in lines 30 and 32.
(n) To run in two lines that are being amended:
Be sure to make any necessary amendments to the lines being run in before using the run in
command.
Example:
Page 1, line 1, strike "agency:".
Page 1, line 2, strike "(1) employee".
Run in lines 1 through 2.
(o) To delete or strike a word or numeral that appears more than once in a line, the command
must identify which occurrence of the word or numeral is to be deleted or stricken.
Example: If page 4, line 15 reads as follows: "Sec. 1. Before July 1 of each year" and you
wish to change July 1 to July 31,
Don't say:
Page 4, line 15, delete [strike] "1" and insert "31".
Say:
Page 4, line 15, delete [strike] "July 1" and insert "July 31".
(p) To add indentation or tabulation to a paragraph, say the following:
Example:
1 The applicant must submit an affidavit that the applicant has completed the
2 training required under section 3 of this chapter and pay the annual fee
3 prescribed by the department before the department may issue a license to the
4 applicant.
To insert indentation in the above paragraph, use the following commands:
Page 1, line 1, after must insert : (1).
Page 1, line 2, after chapter insert ;.
Page 1, line 2, after and insert:
(2).
Page 1, line 3, after department insert ;.
Page 1, line 3, block left beginning with before.
The resulting paragraph will look like this:
The applicant must: (1) submit an affidavit that the applicant has completed the training required under
section 3 of this chapter; and (2) pay the annual fee prescribed by the department;
before the department may issue a license to the applicant.
[Note: Item (b) or (c) [Page 64] may be combined with item (h), (i), (j), or (k) in a single command.]
(q) To facilitate the smooth running of computer programs, avoid the term "before" in an amendatory
command whenever possible.
Use the following techniques in preparing a committee amendment in the second house that affects floor amendments
or technical corrections made earlier but not incorporated into the latest printed version of the bill. If an unincorporated
amendment or correction is to be entirely deleted, begin the committee amendment by deleting the unincorporated
amendment or correction. Also review the discussion on reference lines [see Pages 58-60] in this chapter.
(1) Deleting a Second Reading Amendment
To delete a second reading amendment in its entirety, say:
Delete the amendment made on motion of Senator [Representative] ________ adopted _________,
20__.
(2) Deleting a Part of a Second Reading Amendment
Technique 1: Delete the entire motion and then put back those parts of the amendment desired to be
retained. This method is most useful when:
(a) the committee wants to retain only a small part of a lengthy floor amendment; or
(b) it is difficult to understand the effect of the amendment using page and line numbers.
Technique 2: The second method is to assume that the amendment is a part of the bill and to then
remove the language that is to be deleted.
Example: Assume that a second reading motion had made ten amendments and that one of
them was the following:
Page 10, line 7, after "account." insert " The commissioner shall publish an annual fiscal report.".
Now assume that the second house committee agreed with all the other changes in the second
reading amendment, but the committee disagreed with the amendment enumerated above. That part
of the amendment could be removed as follows:
Page 10, line 7, after "account." delete "The commissioner shall publish an annual fiscal report."
as inserted on motion of Senator [Representative] ___________ adopted __________, 20__.
If the second house committee wanted only to remove the word "fiscal" so that an annual report not
limited to fiscal matters is required, the amendment could be amended as follows:
Page 10, line 7, after "annual" delete "fiscal" as inserted on motion of Senator [Representative]
____________ adopted ___________, 20__.
(3) Restoring Language Stricken in a Second Reading Amendment
Example:
Assume that a second reading amendment strikes language in a bill as follows:
Page 7, line 11, strike "and towns".
To restore this language say:
Page 7, line 11, reset in roman "and towns" as stricken on motion of Senator [Representative]
___________ adopted _________, 20__.
(4) Reinserting Language Deleted by a Second Reading Motion in an Amendatory SECTION.
Example:
Assume new language in an amendatory SECTION was removed on second reading as follows:
Page 5, line 21, delete "incorporated".
To restore this deleted language, say:
Page 5, line 21, after "applies to" insert " incorporated" as deleted on motion of Senator
[Representative] _____________ adopted _________, 20__.
(5) Reinserting Language Deleted by a Second Reading Motion in a Nonamendatory SECTION.
The procedure to be followed when an earlier amendment has deleted language shown in bold in a
nonamendatory bill is similar to reinserting language deleted by a second reading motion for an amendatory
SECTION as described in item (4) above.
(6) Deleting Language that Includes an Amendment
If a second house committee decides to delete or strike several lines or an entire SECTION of a bill, and the
part to be deleted or stricken was affected by a second reading amendment, say:
Page ____, delete [strike] lines 14 through 25, including the amendment to line ___ made on
motion of Senator [Representative] _______ adopted _________, 20__.
(7) Technical Corrections
If language in a bill is altered by a technical correction (Senate Rule 34 or House Rule 67) and the language
is affected by later committee action, treat it in the same manner as floor amendments but make reference
to the rule itself.
Example: Page 10, line 7, delete "incorporated" as inserted under Senate Rule 34 [House
Rule 67] _____________, 20__.
To delete a technical correction in its entirety, say:
Delete the technical correction made under Senate Rule 34 [House Rule 67] __________, 20__.
Follow these steps when drafting a conference committee report:
(a) Examine the daily action file to determine if further amendments are necessary to the latest printing
of the engrossed bill.
(b) If further amendments are necessary:
(i) insert a new title if needed; and
(ii) use page and line reference amendments to the selected printing. These amendments might
include unincorporated amendments, language from other bills, or entirely new material.
Remember, if a conference committee report "contains subject matter not previously passed by at least
one house", the drafter must notify the Senate Majority Attorney of that fact.
(c) Examine the Comprehensive Citation Report to determine if any SECTIONS of the bill as amended
by the conference committee report conflict with the same Code provisions in other bills. If a conflict
exists, notify the Office of Code Revision before proceeding.
(2) Checklist for a Conference Committee Report
A conference committee report must:
(a) refer to the latest printing of a bill;
(b) delete all unincorporated amendments and corrections;
(c) list all changes to that version that have been agreed to by the conferees; and
(d) include a comprehensive reference line.
[See EXHIBIT 33, Page 118, and EXHIBIT 34, Page 121, for examples.]
If a section of the Indiana Code is added or amended, the introductory clause and text for a later amendment
to that section during the same session must reflect the prior addition or amendment. A reference to the prior
amendment should be to the bill number and the year of the session in which it was enacted, separated by
a hyphen. Bills enacted in a special session should also parenthetically reference the special session.
(2) Introductory Clause
Amendment of Section Previously Amended
SECTION ___. IC 5-10-3-34, AS AMENDED BY SEA [HEA] 23-1999 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
Amendment of Section Previously Added
SECTION ___. IC 5-10-3-34, AS ADDED BY SEA [HEA] 23-1999, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]:
Addition of a Provision to a Previously Added Chapter, Article, or Title
If a new section, chapter, or article is to be added to a chapter, article, or title previously added in the
same session, it is necessary to refer to the legislation that added the new provision. For example, if
HEA 1123-2000 added a new chapter at IC 4-12-9 and the addition of a new section 12 is desired, the
lead in line should appear as follows:
SECTION ___. IC 4-12-9-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION
TO THE NEW CHAPTER ADDED BY HEA 1123-2000, TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]:
(3) Text (Amendments Only)
The text set forth must be the latest version with all canceled type deleted and all bold type inserted in roman.
The changes to be made by the later amendment should then be set forth in canceled or bold type.
(4) Effective Date
The later addition or amendment should be drafted so that it will not take effect before the prior addition or
amendment.
In Indiana, the legal effect of enacting two acts that technically conflict with each other is unsettled.
However, the joint rules of the house and senate contain an extraordinary mechanism for making last-minute
corrections to bills for the purpose of avoiding technical conflicts between acts. Under Joint Rule 20, a
technical conflict exists when any of the following situations occurs:
(a) If two bills amending the same section of the Indiana Code are approved in the same session of the
general assembly and neither bill recognizes the existence of the other.
(b) If one bill amends a section of the Indiana Code and another bill repeals that section with an
effective date preceding the effective date of the amendment.
(c) If two bills each add a new provision to the Indiana Code at the same Code citation without either
bill recognizing the addition made by the other and both bills are approved in the same session of the
general assembly.
(2) Committee Action
In any of the above situations, Joint Rule 20 provides that one of the two bills may be corrected at enrollment
to recognize the existence of the other. The correction must be approved by both the Committee on Rules
and Legislative Procedures of the House of Representatives and the Committee on Rules and Legislative
Procedure of the Senate. However, a correction under the rule is limited to the extent necessary to resolve
the technical conflict and may not be made unless the report of each of the two committees includes the
written consent of the respective committee's ranking minority member. In addition, the committee report
in each house must include the written consent of the corrected bill's author or sponsor, as the case may be.
(3) Preparation
The Office of Code Revision consults with the authors, sponsors, and house and senate attorneys regarding
all technical conflict situations. A Joint Rule 20 correction should be prepared only after agreement has been
reached that there is no other way to resolve a technical conflict. Follow these steps when drafting a Joint
Rule 20 correction:
(a) Determine the simplest, most direct way to resolve the technical conflict. Avoid methods that will
require extensive changes to the text of one of the bills. Also avoid making changes that might appear
to substantively affect one of the bills.
(b) Use page and line reference amendments to the latest printing of the bill being corrected. These
amendments might also need to include changes to unincorporated amendments, earlier technical
corrections, or conference committee reports.
(c) Recheck the comprehensive citation report to be certain that no new technical conflicts will be
created by resolving an existing one.
(d) Notify the staff of the house of origin that a Joint Rule 20 correction needs to be made to the bill
at enrollment. The house or senate staff may have to make special arrangements to have the enrolled
act printed with the Joint Rule 20 changes incorporated.
(4) Form:
Example:
JOINT RULE 20 CORRECTION
TO HB 1387
COMMITTEE REPORT
Mr. Speaker [Mr. President]: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedures
[Committee on Rules and Legislative Procedure], to which was referred Engrossed House Bill 1387 because it amends
the same sections of the law as Senate Enrolled Act 461 and House Enrolled Act 1075 without properly recognizing the
existence of those Acts, has had House Bill 1387 under consideration and begs leave to report back to the House [Senate]
with the recommendation that House Bill 1387 be corrected as follows:
Page 56, line 39, delete "P.L.103-2000" and insert "SEA 461-2000,".
Page 56, line 40, delete "1985, SECTION 13,".
Page 56, line 44, delete "The docket" and insert " These fees".
Page 58, line 31, delete "P.L.167-2000" and insert "HEA 1075-2000,".
Page 58, line 32, delete "1984, SECTION 75,".
Page 59, line 1, delete "and".
Page 59, line 4, delete "." and insert "; and".
Page 59, between lines 4 and 5, begin a new line block indented and insert:
" (5) a redocketing fee, if any, of five dollars ($5).".
Page 59, line 9, delete "said" and insert " the".
(Reference is to EHB 1387 as printed March 11, 2000.)
If a bill has been passed by both houses and does not contain a needed emergency clause, the bill can
be corrected at enrollment under Joint Rule 21. As is the case with Joint Rule 20 corrections, a Joint
Rule 21 correction must be approved by the Rules Committee of the House and Senate.
(2) JOINT RULE 21 HOUSE FORM
COMMITTEE REPORT
Mr. Speaker: Pursuant to Joint Rule 21, your Committee on Rules and Legislative Procedures, to which
was referred Senate [House] Bill ____ because it does not contain a needed emergency clause, has had Senate
[House] Bill ____ under consideration and begs leave to report back to the House with the recommendation that
Senate [House] Bill ____ be corrected as follows:
Page 36, after line 21, begin a new paragraph and insert:
"SECTION 46. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to ESB [EHB] ____ as reprinted April 10, 2000.)
_______________________________________________
Representative ______, Chairperson
_______________________________________________
Representative ______, R.M.M.
_______________________________________________
Representative ______, Sponsor [Author]
(3) JOINT RULE 21 SENATE FORM
COMMITTEE REPORT
Mr. President: Pursuant to Joint Rule 21, your Committee on Rules and Legislative Procedures, to which
was referred Senate [House] Bill ____ because it does not contain a needed emergency clause, has had Senate
[House] Bill ____ under consideration and begs leave to report back to the Senate with the recommendation that
Senate [House] Bill ____ be corrected as follows:
Page 36, after line 21, begin a new paragraph and insert: "SECTION
46. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to ESB [EHB] ____ as reprinted April 10, 2001.)
_______________________________________________
Senator ______, Chairperson
_______________________________________________
Senator ______, R.M.M.
_______________________________________________
Senator ______, Sponsor [Author]
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The House of Representatives and The Senate have adjourn Sine Die.