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Indiana General Assembly > Bill Drafting Manual > Chapter 1. General Information Chapter 1. General Information

A. INDIANA CONSTITUTION

(1) Introduction

The Constitution of the State of Indiana was approved in convention at Indianapolis on February 10, 1851, and was adopted by the electorate, effective November 1, 1851. It superseded the 1816 Constitution. The Constitution sets forth the basic structure of Indiana government and the rights, powers, privileges, and immunities granted the citizens of Indiana. Constitutional provisions supersede all other state law. The text of the Constitution can be found in the front of Volume I of the Indiana Code. Constitutional amendments adopted after 1998 can be found in the annual cumulative supplement to the Indiana Code.

(2) Arrangement

The Constitution consists of a Preamble and 16 major groupings called Articles. Each Article is composed of smaller individual units called Sections. Material that is temporary, implementary, or transitional in nature is included in a schedule that immediately follows the particular section of the Constitution to which it is related.

(3) Citations

To cite a particular Section of the Constitution, refer first to the Article and then to the Section.

Example:Article 1, Section 22 of the Constitution of the State of Indiana

B. INDIANA CODE

(1) Introduction

The official Indiana Code (IC) was enacted by the general assembly and signed into law January 21, 1976. An official edition of the Code is published under the authority of the Indiana Legislative Council every six years. The Code contains all general and permanent statutory law. All statutes are considered to be of a general and permanent nature unless they:

  1. are effective for a period of less than five years;
  2. provide for transitional, implementary matters in an otherwise permanent statute;
  3. apply to special cases; or
  4. terminate by implication when their purpose is fulfilled or ceases to exist.

All laws of a permanent and general nature are drafted as amendments to the Code. Statutory laws not included in the Code, such as transitory and temporary laws, are known as noncode provisions. The 1998 Edition of the Code consists of a base set of 15 volumes updated with an annual cumulative supplement. The next official edition of the Code will incorporate all of the annual supplements published since 1998.

(2) Arrangement

The Indiana Code consists of major groupings of law called titles that are numbered 1 through 36. Each title contains one or more articles, each article contains one or more chapters, and each chapter contains one or more sections.

(3) Citations

The Indiana Code numbering scheme involves use of numbers separated by hyphens. A four-part numerical citation is used for statute sections. The contents of a chapter are indicated through use of a three-part citation and of an entire article by use of a two-part citation. Reference to a title is by a one-number citation.

Example:

  • IC 4-3-2-1 refers to Title 4, Article 3, Chapter 2, Section 1.
  • IC 4-3-2 refers to Title 4, Article 3, Chapter 2.
  • IC 4-3 refers to Title 4, Article 3.
  • IC 4 refers to Title 4.

The letters "IC" should always precede a citation to a Code section, chapter, article, or title, except when using internal references [See Pages 29-30].

C. SESSION LAWS (ACTS)

(1) Introduction

The enrolled acts of each legislative session that become law are bound together, assigned public law numbers by the Office of Code Revision, and referred to as "Acts 20__". The most important use of the Acts is to locate temporary or special provisions that are not included in the Indiana Code. These noncode provisions include almost all appropriations and transitional provisions as well as any other statutes effective for a period of less than five years. The Acts also include an index and tables showing affected Code citations and converting numbers to the corresponding public law numbers.

(2) Arrangement

The Acts of each session are arranged into three categories: first, acts of a permanent nature that amend the Indiana Code; second, acts that are temporary or special in nature and that do not amend the Code; and third, joint resolutions. The text of all acts that amend the Code is arranged, insofar as possible, in the order of the Code itself, i.e., acts affecting Title 1 followed by acts affecting Title 2, etc. Note, however, that this arrangement is determined only by the first provision affecting the Code within each act, and later provisions of that act may affect different sections, chapters, articles, or titles of the Code.

(3) Citations

If the occasion arises for using an "Acts" citation to refer to a noncode provision or to identify a provision published in the session laws, use one of the following forms:

  1. For acts enacted before the 1971 Indiana Code, the proper citation form is as follows:
    Example: Acts 1953, c.20, s.2
  2. For acts enacted beginning with the enactment of the 1971 Indiana Code and through the 1982 Regular Session, the proper citation form is as follows:
    Example: Acts 1982, P.L.33, SECTION 22
  3. For acts enacted beginning with the 1982 Special Session, the proper form is as follows:
    Example: P.L.74-1983, SECTION 10
  4. To indicate a special session of the Indiana general assembly, use the designation "(ss)" after the year.
    Examples: Acts 1981(ss), P.L.1, SECTION 1 P.L.3-1982(ss), SECTION 5

D. INDIANA ADMINISTRATIVE CODE

(1) Introduction

The Indiana Administrative Code (IAC), which is published under the authority of the Indiana Legislative Council, is a compilation of the text of all Indiana administrative rules. The first official edition of the Administrative Code was published in 1979. The 1996 Edition consists of a base set of 14 volumes updated with an annual cumulative supplement and the Indiana Register.

(2) Arrangement

The rules are organized according to adopting agency and classified under a numbering scheme with a four-part numerical citation. Each agency has been assigned a title number with all rules of that agency classified under that title. Agencies with related subject matter are grouped together. Each title contains one or more articles, each article contains one or more rules, and each rule contains one or more sections.

(3) Citations

Use a citation form containing the designation "IAC" following the title number to indicate that the Indiana Administrative Code is cited. Article, rule, and section numbers are separated by hyphens.

Example:595 IAC 1-1-1 refers to Title 595, Article 1, Rule 1, Section 1

E. INDIANA REGISTER

(1) Introduction

The Indiana Register is a periodical publication of the full text of proposed rules, final rules, and other documents such as executive orders and Attorney General's opinions. The Register has been published monthly since July 1, 1978. Final rules published in the Register are later codified in the Indiana Administrative Code. In a sense, the Indiana Register can be considered an "advance sheet" to the Indiana Administrative Code. However, executive orders and attorney general's opinions that are found in the Register are not subsequently published in the Indiana Administrative Code.

(2) Arrangement

The Indiana Register is arranged with the publication of final rules first, followed by proposed rules, attorney general's actions, and nonrule policy documents. Also included in the Register are reference tables and an index.

(3) Citations

To cite to the Indiana Register, use a citation form containing the designation "IR" following the volume number of the publication to indicate that the Indiana Register is cited. The page number of the publication follows the IR designation.

Example:22 IR 1000 refers to Volume 22, Page 1000

(4) Voiding Administrative Rules

To void an administrative rule, the following language should be used:

SECTION __. [EFFECTIVE JULY 1, 2000] 410 IAC [410 IAC 4] [410 IAC 4-1] [410 IAC 4-1- 1] is void. The publisher of the Indiana Administrative Code and Indiana Register shall remove this title [article] [rule] [section] from the Indiana Administrative Code.

F. TYPES OF LEGISLATIVE MEASURES

(1) Introduction

The general assembly may take action on bills, joint resolutions, concurrent resolutions, and simple resolutions. Any of these measures may be introduced in either house, except that bills to raise revenue may be introduced only in the house of representatives (Article 4, Section 17 of the Constitution of the State of Indiana).

(2) Bill

A bill must be used to enact a law (Article 4, Section 1 of the Constitution of the State of Indiana). A bill that passes both houses in identical form must be presented to the governor for approval (Article 5, Section 14 of the Constitution of the State of Indiana).

(3) Joint Resolutions

A joint resolution, which must be adopted by both houses to be effective, is used to:

  1. amend the Constitution of the State of Indiana under Article 16;
  2. ratify a proposed amendment to the United States Constitution;
  3. apply to the Congress of the United States to call a constitutional convention to consider an
  4. amendment to the United States Constitution under Article V of the United States Constitution; or
  5. remove state officers under Article 6, Section 7 of the Constitution of the State of Indiana.

Joint resolutions are not required to be presented to the governor.

(4) Concurrent Resolutions

A concurrent resolution, which must be adopted by both houses to be effective, does not have the effect of law and is used to express the sentiment of the general assembly. Concurrent resolutions are not presented to the governor.

(5) Simple Resolutions

A simple resolution, which needs to be adopted by only one house to be effective, does not have the effect of law and is used to express the sentiment of that house. A simple resolution may also be used to deal with the internal affairs of the house in which it is introduced. Simple resolutions are not presented to the governor.

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