Indiana 2025 2025 Regular Session

Indiana House Bill HB1682 Enrolled / Bill

Filed 04/24/2025

                    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.
HOUSE ENROLLED ACT No. 1682
AN ACT to amend the Indiana Code concerning the general
assembly.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 1-1-1-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 3.
Procedural Statutes. Notwithstanding the inclusion in the Indiana Code
of provisions relating to process, practice, procedure, or appeals that
have been superseded by rules of court, those provisions have only
such force as they had before the enactment of the Indiana Code.
SECTION 2. IC 1-1-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 4.
Invalid Statutes. Notwithstanding the inclusion in the Indiana Code of
statutory provisions declared impliedly repealed, unconstitutional, or
otherwise invalid by a court of competent jurisdiction, those provisions
have only such force as they had before the enactment of the Indiana
Code.
SECTION 3. IC 1-1-1-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 6.
Preservation of Penalties, Offenses, Rights, Liabilities. All felonies and
misdemeanors committed under acts in force before the effectiveness
of the Indiana Code may be prosecuted and remain punishable as
provided in those acts. This Code does not affect rights, privileges, or
liabilities accrued, remedies provided, duties imposed, penalties
incurred, or proceedings begun before the effectiveness of this Code.
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Punishments, penalties, or forfeitures may be imposed and enforced as
if this Code had not been enacted.
SECTION 4. IC 1-1-1-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 7.
Periods of Limitation and Requirements of Notice. The running of any
period of limitation or any requirement of notice contained in any
provisions of law repealed and replaced by provisions of the Indiana
Code are not affected by the enactment of the Code. All actions,
proceedings, and prosecutions, whether civil or criminal, for causes
arising or acts committed before the effectiveness of this Code, may be
commenced and prosecuted as if this Code had not been enacted.
SECTION 5. IC 1-1-1-8, AS AMENDED BY P.L.220-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 8. Severability (a) If
any provision of this Code as now or later amended or its application
to any person or circumstance is held invalid, the invalidity does not
affect other provisions that can be given effect without the invalid
provision or application.
(b) Except in the case of a statute containing a nonseverability
provision, each part and application of every statute is severable. If any
provision or application of a statute is held invalid, the invalidity does
not affect the remainder of the statute unless:
(1) the remainder is so essentially and inseparably connected
with, and so dependent upon, the invalid provision or application
that it cannot be presumed that the remainder would have been
enacted without the invalid provision or application; or
(2) the remainder is incomplete and incapable of being executed
in accordance with the legislative intent without the invalid
provision or application.
This subsection applies to every statute, regardless of whether enacted
before or after the passage of this subsection. The general assembly
may preserve the legislative history of this subsection by adoption of
a concurrent resolution and publication of the resolution in the
legislative journals.
(c) The repeal of a statute stating that the provisions of an act are
severable as provided in subsection (b) does not affect the operation of
subsection (b) with respect to that act.
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.
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(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
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 1-1-3-4 IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 4. (a) This section
applies only to an act passed by the general assembly over the
governor's veto.
(b) The following definitions apply throughout this section:
(1) "Approval of the act" means the date the second house of
the general assembly votes to approve a bill over the
governor's veto.
(2) "Promulgation of the act" means the publication and
circulation of an act in accordance with Article 4, Section 28
of the Constitution of the State of Indiana.
(3) "Second house of the general assembly" means the house
of the general assembly that reconsiders a bill vetoed by the
governor after the house in which the bill originated has
passed the bill over the governor's veto.
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(c) If an act declares that a SECTION of the act is effective upon
passage, that SECTION takes effect upon approval of the act.
(d) If an act declares that a SECTION of the act applies
retroactively to a specified date, that SECTION takes effect on the
specified retroactive date.
(e) Except as provided in subsection (d), if an act declares that
a SECTION of the act takes effect on a specified date that is before
the date of the approval of the act, that SECTION takes effect on
the first day of the third calendar month after the calendar month
of the approval of the act.
(f) If an act declares that a SECTION of the act takes effect on
a specified date that is on or after the date of the approval of the
act, that SECTION takes effect on that date. However, if the
specified date occurs before the promulgation of the act, then the
SECTION takes effect when promulgation of the act is completed.
(g) This subsection does not apply to a SECTION described in
section 3(d) of this chapter. If an act does not declare an effective
date for a SECTION of the act, then that SECTION takes effect on
July 1 next following approval of the act.
SECTION 8. IC 1-1-3.1 IS REPEALED [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]. (Effectiveness of Acts
Passed Over Governor's Veto).
SECTION 9. IC 2-2.1-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 4. Length and Frequency of Sessions: Special Session. A special
session of the general assembly, called by the governor as provided in
Article 4, Section 9 of the Constitution of the State of Indiana, shall
continue for not more than thirty (30) session days nor more than forty
(40) calendar days following the day upon which it is commenced.
SECTION 10. IC 2-2.1-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 6. Procedures: Organization of the Senate. (a) The president of the
senate shall preside at the organizational meeting during the election
of the president pro tempore and other officers of the senate.
(b) The oath of office shall be administered to senators-elect by the
chief justice of the supreme court of Indiana, or an associate justice
designated by the chief justice.
(c) The president pro tempore and such other officers as may be
determined by the standing rules and orders of the senate shall be
elected. The oath of office shall be administered to the president pro
tempore by the chief justice, and to the other officers by the president
of the senate.
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(d) In the event there is no president or he the president is absent
or unable to serve, the chief justice of the supreme court or an associate
justice designated by the chief justice shall preside during the election
of the president pro tempore and, upon being elected and sworn, the
president pro tempore shall take the chair and conduct the further
business of the senate until the vacancy in the office of president is
filled, if there is no president, or until the president is able to serve, if
he the president is absent or unable to serve.
SECTION 11. IC 2-2.1-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 8. Procedures for Each House at the Organizational Meeting. (a)
Upon the election of the officers in each house, the membership of each
house shall adopt standing rules and orders for their respective houses,
and joint rules for conducting the business in the two houses.
(b) Each house, by rule, shall determine such other business as the
respective houses may perform at the organizational meeting.
(c) The rules, as adopted, shall govern the respective houses for that
term of the general assembly, unless amended or suspended.
(d) The officers elected at the organizational meeting shall serve for
that entire term of the general assembly, unless removed, suspended,
or unable to serve.
SECTION 12. IC 2-2.1-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 9. Procedures: Standing Committee Appointments. (a) By not later
than ten (10) days after the election of officers as provided in sections
6 and 7 of this chapter The appointments to the standing committees of
the two houses of the general assembly shall be made and announced
by the speaker and the president pro tempore, in accordance with the
rules of each chamber, respectively.
(b) At the reconvening in January of the first session of the term, the
lists of appointments to the standing committees shall be read in their
respective houses and recorded in the journals thereof.
(c) The members of the standing committees shall serve for the term
of the general assembly in which they are appointed, in accordance
with the rules of their respective chambers, unless removed,
suspended or unable to serve.
SECTION 13. IC 2-2.1-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 10. Procedures: Filing of Bills and Resolutions. Bills and
resolutions may be filed and assigned to committees at any time after
the convening of a session according to the rules of each house. During
any session the standing committees of the House and Senate may
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announce and hold public hearings on any bill or resolution assigned
to them upon the authorization of the Speaker of the House or the
President Pro Tempore of the Senate, respectively, but may take no
action with regard to its disposition until it is introduced according to
the rules of the house of origin.
SECTION 14. IC 2-2.1-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE NOVEMBER 19, 2024 (RETROACTIVE)]:
Sec. 11. Procedures: Preparation of a Calendar. The Speaker of the
House of Representatives and the President Pro Tempore of the Senate
shall prepare a calendar in accordance with the joint rules of the House
and Senate, respectively.
SECTION 15. IC 2-2.1-1-12, AS AMENDED BY P.L.137-2021,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 12. (a) This section
applies only to those bills or joint resolutions which pass
(1) after April 19, 2021, and before April 30, 2021; or
(2) during the two (2) days before the sine die adjournment of a
session of the general assembly. This section does not apply to
bills passed during a regular technical session.
(b) The presiding officers of the house of representatives and the
senate shall sign each bill or joint resolution passed under Article 4,
Section 25 of the Constitution of the State of Indiana:
(1) in accordance with Article 4, Section 25 of the Constitution
of the State of Indiana and the timeline set forth in the joint
rules of the house and senate; and as soon as practicable, but
(2) not later than seven (7) calendar days after
(1) the date of passage with respect to a bill or joint resolution
passed during the period described in subsection (a)(1); or
(2) sine die adjournment of the regular or special session of the
general assembly at which the bill or joint resolution was passed.
with respect to a bill or joint resolution passed during the two (2)
days before the sine die adjournment of a regular or special
session of the general assembly.
(c) A bill that has been signed under subsection (b) must be
presented to the governor as soon as practicable, but not later than
seven (7) calendar days after
(1) the date of passage with respect to a bill described in
subsection (b)(1); or
(2) sine die adjournment of the regular or special session of the
general assembly at which the bill was passed. with respect to a
bill described in subsection (b)(2).
SECTION 16. IC 2-2.1-1-13, AS AMENDED BY P.L.133-2021,
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SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
NOVEMBER 19, 2024 (RETROACTIVE)]: Sec. 13. (a) This section
does not apply in calendar year 2021.
(b) (a) This section applies only to bills passed during a regular
technical session.
(c) (b) The presiding officers of the house and senate shall sign each
bill passed under Article 4, Section 25 of the Constitution of the State
of Indiana as soon as practicable, but not later than the next business
day after sine die adjournment of the regular technical session at which
the bill was passed.
(d) (c) A bill that has been signed under subsection (c) subsection
(b) must be presented to the governor as soon as practicable, but not
later than the second business day after sine die adjournment of the
regular technical session at which the bill was passed.
SECTION 17. An emergency is declared for this act.
HEA 1682 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:                               Time: 
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