*EH1682.1*
March 14, 2025
ENGROSSED
HOUSE BILL No. 1682
_____
DIGEST OF HB 1682 (Updated March 12, 2025 3:19 pm - DI 149)
Citations Affected: IC 1-1; IC 2-2.1.
Synopsis: General legislative matters. Eliminates certain duplicate
section headings. Defines "SECTION". Specifies when a SECTION of
an act is effective. Repeals a chapter that concerns the effective date of
a bill that is passed by the general assembly over the governor's veto.
Effective: November 19, 2024 (retroactive).
Engleman
(SENATE SPONSOR — CARRASCO)
January 21, 2025, read first time and referred to Committee on Judiciary.
February 17, 2025, reported — Do Pass.
February 19, 2025, read second time, ordered engrossed. Engrossed.
February 20, 2025, read third time, passed. Yeas 92, nays 0.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Judiciary.
March 13, 2025, amended, reported favorably — Do Pass.
EH 1682—LS 7759/DI 51 March 14, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1682
A BILL FOR AN ACT to amend the Indiana Code concerning the
general assembly.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 1-1-1-3 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 3.
3 Procedural Statutes. Notwithstanding the inclusion in the Indiana Code
4 of provisions relating to process, practice, procedure, or appeals that
5 have been superseded by rules of court, those provisions have only
6 such force as they had before the enactment of the Indiana Code.
7 SECTION 2. IC 1-1-1-4 IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 4.
9 Invalid Statutes. Notwithstanding the inclusion in the Indiana Code of
10 statutory provisions declared impliedly repealed, unconstitutional, or
11 otherwise invalid by a court of competent jurisdiction, those provisions
12 have only such force as they had before the enactment of the Indiana
13 Code.
14 SECTION 3. IC 1-1-1-6 IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 6.
16 Preservation of Penalties, Offenses, Rights, Liabilities. All felonies and
17 misdemeanors committed under acts in force before the effectiveness
EH 1682—LS 7759/DI 51 2
1 of the Indiana Code may be prosecuted and remain punishable as
2 provided in those acts. This Code does not affect rights, privileges, or
3 liabilities accrued, remedies provided, duties imposed, penalties
4 incurred, or proceedings begun before the effectiveness of this Code.
5 Punishments, penalties, or forfeitures may be imposed and enforced as
6 if this Code had not been enacted.
7 SECTION 4. IC 1-1-1-7 IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 7.
9 Periods of Limitation and Requirements of Notice. The running of any
10 period of limitation or any requirement of notice contained in any
11 provisions of law repealed and replaced by provisions of the Indiana
12 Code are not affected by the enactment of the Code. All actions,
13 proceedings, and prosecutions, whether civil or criminal, for causes
14 arising or acts committed before the effectiveness of this Code, may be
15 commenced and prosecuted as if this Code had not been enacted.
16 SECTION 5. IC 1-1-1-8, AS AMENDED BY P.L.220-2011,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 8. Severability (a) If
19 any provision of this Code as now or later amended or its application
20 to any person or circumstance is held invalid, the invalidity does not
21 affect other provisions that can be given effect without the invalid
22 provision or application.
23 (b) Except in the case of a statute containing a nonseverability
24 provision, each part and application of every statute is severable. If any
25 provision or application of a statute is held invalid, the invalidity does
26 not affect the remainder of the statute unless:
27 (1) the remainder is so essentially and inseparably connected
28 with, and so dependent upon, the invalid provision or application
29 that it cannot be presumed that the remainder would have been
30 enacted without the invalid provision or application; or
31 (2) the remainder is incomplete and incapable of being executed
32 in accordance with the legislative intent without the invalid
33 provision or application.
34 This subsection applies to every statute, regardless of whether enacted
35 before or after the passage of this subsection. The general assembly
36 may preserve the legislative history of this subsection by adoption of
37 a concurrent resolution and publication of the resolution in the
38 legislative journals.
39 (c) The repeal of a statute stating that the provisions of an act are
40 severable as provided in subsection (b) does not affect the operation of
41 subsection (b) with respect to that act.
42 SECTION 6. IC 1-1-3-3 IS AMENDED TO READ AS FOLLOWS
EH 1682—LS 7759/DI 51 3
1 [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 3. (a)
2 As used in this section, The following definitions apply throughout
3 this section:
4 (1) "Regular session" includes a regular technical session.
5 (2) "SECTION" refers to a paragraph or a group of
6 paragraphs in the body of an act that are preceded by the
7 indented word "SECTION" all in capital letters.
8 (b) Except as otherwise provided in subsection subsections (d), (e),
9 and (f), each provision SECTION of each act passed at a regular
10 session of the general assembly takes effect on July 1 next following its
11 enactment, unless a different time is specified in the act. SECTION.
12 (c) Except as otherwise provided in subsection subsections (d), (e),
13 and (f), each provision SECTION of each act passed at a special
14 session of the general assembly takes effect on the first day of the third
15 calendar month after the calendar month of sine die adjournment,
16 unless a different time is specified in the act. SECTION.
17 (d) If an act contains a SECTION that specifies an effective date or
18 dates for one (1) or more other provisions of the act or only declares
19 that an emergency exists for the act, then the SECTION that only
20 declares that an emergency exists takes effect at the same time as the
21 earliest date that any other provision SECTION of the act takes effect.
22 (e) This section does not apply to acts that are vetoed by the
23 governor. If an act does not declare that an emergency exists, no
24 SECTION of the act shall take effect sooner than the date the act
25 is published and circulated in accordance with Article 4, Section 28
26 of the Constitution of the State of Indiana.
27 (f) This section does not prohibit the general assembly from
28 specifying an effective date for a SECTION of an act or from
29 delaying the application of part or all of a SECTION of an act in
30 any other clear and specific manner.
31 SECTION 7. IC 1-1-3.1 IS REPEALED [EFFECTIVE
32 NOVEMBER 19, 2024 (RETROACTIVE)]. (Effectiveness of Acts
33 Passed Over Governor's Veto).
34 SECTION 8. IC 2-2.1-1-4 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
36 Sec. 4. Length and Frequency of Sessions: Special Session. A special
37 session of the general assembly, called by the governor as provided in
38 Article 4, Section 9 of the Constitution of the State of Indiana, shall
39 continue for not more than thirty (30) session days nor more than forty
40 (40) calendar days following the day upon which it is commenced.
41 SECTION 9. IC 2-2.1-1-6 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
EH 1682—LS 7759/DI 51 4
1 Sec. 6. Procedures: Organization of the Senate. (a) The president of the
2 senate shall preside at the organizational meeting during the election
3 of the president pro tempore and other officers of the senate.
4 (b) The oath of office shall be administered to senators-elect by the
5 chief justice of the supreme court of Indiana, or an associate justice
6 designated by the chief justice.
7 (c) The president pro tempore and such other officers as may be
8 determined by the standing rules and orders of the senate shall be
9 elected. The oath of office shall be administered to the president pro
10 tempore by the chief justice, and to the other officers by the president
11 of the senate.
12 (d) In the event there is no president or he is absent or unable to
13 serve, the chief justice of the supreme court or an associate justice
14 designated by the chief justice shall preside during the election of the
15 president pro tempore and, upon being elected and sworn, the president
16 pro tempore shall take the chair and conduct the further business of the
17 senate until the vacancy in the office of president is filled, if there is no
18 president, or until the president is able to serve, if he is absent or
19 unable to serve.
20 SECTION 10. IC 2-2.1-1-8 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
22 Sec. 8. Procedures for Each House at the Organizational Meeting. (a)
23 Upon the election of the officers in each house, the membership of each
24 house shall adopt standing rules and orders for their respective houses,
25 and joint rules for conducting the business in the two houses.
26 (b) Each house, by rule, shall determine such other business as the
27 respective houses may perform at the organizational meeting.
28 (c) The rules, as adopted, shall govern the respective houses for that
29 term of the general assembly, unless amended or suspended.
30 (d) The officers elected at the organizational meeting shall serve for
31 that entire term of the general assembly, unless removed, suspended,
32 or unable to serve.
33 SECTION 11. IC 2-2.1-1-9 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
35 Sec. 9. Procedures: Standing Committee Appointments. (a) By not later
36 than ten (10) days after the election of officers as provided in sections
37 6 and 7 of this chapter the appointments to the standing committees of
38 the two houses of the general assembly shall be made and announced
39 by the speaker and the president pro tempore, respectively.
40 (b) At the reconvening in January of the first session of the term, the
41 lists of appointments to the standing committees shall be read in their
42 respective houses and recorded in the journals thereof.
EH 1682—LS 7759/DI 51 5
1 (c) The members of the standing committees shall serve for the term
2 of the general assembly in which they are appointed, unless removed,
3 suspended or unable to serve.
4 SECTION 12. An emergency is declared for this act.
EH 1682—LS 7759/DI 51 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1682, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill do pass.
(Reference is to HB 1682 as introduced.)
JETER
Committee Vote: Yeas 13, Nays 0
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Judiciary, to which was
referred House Bill No. 1682, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 2, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 6. IC 1-1-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 3. (a)
As used in this section, The following definitions apply throughout
this section:
(1) "Regular session" includes a regular technical session.
(2) "SECTION" refers to a paragraph or a group of
paragraphs in the body of an act that are preceded by the
indented word "SECTION" all in capital letters.
(b) Except as otherwise provided in subsection subsections (d), (e),
and (f), each provision SECTION of each act passed at a regular
session of the general assembly takes effect on July 1 next following its
enactment, unless a different time is specified in the act. SECTION.
(c) Except as otherwise provided in subsection subsections (d), (e),
and (f), each provision SECTION of each act passed at a special
session of the general assembly takes effect on the first day of the third
calendar month after the calendar month of sine die adjournment,
unless a different time is specified in the act. SECTION.
(d) If an act contains a SECTION that specifies an effective date or
dates for one (1) or more other provisions of the act or only declares
that an emergency exists for the act, then the SECTION that only
declares that an emergency exists takes effect at the same time as the
earliest date that any other provision SECTION of the act takes effect.
(e) This section does not apply to acts that are vetoed by the
EH 1682—LS 7759/DI 51 7
governor. If an act does not declare that an emergency exists, no
SECTION of the act shall take effect sooner than the date the act
is published and circulated in accordance with Article 4, Section 28
of the Constitution of the State of Indiana.
(f) This section does not prohibit the general assembly from
specifying an effective date for a SECTION of an act or from
delaying the application of part or all of a SECTION of an act in
any other clear and specific manner.
SECTION 7. IC 1-1-3.1 IS REPEALED [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]. (Effectiveness of Acts
Passed Over Governor's Veto).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1682 as printed February 17, 2025.)
BROWN L, Chairperson
Committee Vote: Yeas 10, Nays 0.
EH 1682—LS 7759/DI 51