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A. INTRODUCTION

The essentials of good bill drafting are accuracy, brevity, clarity, and simplicity. The purpose and effect of a legislative measure should be evident from its language. Choose words that are plain and commonly understood (Article 4, Section 20 of the Constitution of the State of Indiana).

B. STATUTORY AND CONSTITUTIONAL CONSIDERATIONS:

When drafting legislation, a drafter should consider constitutional (both federal and state) restrictions on legislative measures. In addition, the drafter should be aware of statutory rules for drafting and construction of statutes.

The following is a list of commonly referred to provisions:

INDIANA CONSTITUTIONAL PROVISIONS:

ARTICLE 1 - BILL OF RIGHTS

• Art. 1, Sec. 24 - Prohibition against ex post facto laws and laws impairing the obligation of contracts
• Art. 1, Sec. 25 - Taking effect of laws may not be contingent on any other authority, other than that set out in the Constitution

ARTICLE 2 - SUFFRAGE AND ELECTION

• Art. 2, Sec. 9 - Prohibition against dual office holding

ARTICLE 3 - SEPARATION OF POWERS

• Art. 3, Sec. 1 - Separation of powers

ARTICLE 4 - LEGISLATIVE

• Art. 4, Sec. 1 - Enacting clause
• Art. 4, Sec. 17 - Revenue raising statutes must originate in House Bills
• Art. 4, Sec. 19 - One subject matter requirement
• Art. 4, Sec. 20 - Laws to be plainly worded
• Art. 4, Sec. 22 - Special legislation prohibited
• Art. 4, Sec. 23 - Laws to be general and of uniform operation throughout state
• Art. 4, Sec. 24 - Special relief legislation
• Art. 4, Sec. 28 - No act to take effect until published and circulated, except in emergency; emergency clause required
• Art. 4, Sec. 30 - Eligibility of Legislators for other offices

ARTICLE 5 - EXECUTIVE

• Art. 5, Sec.14 - Passage of bills; action by Governor; veto power; General Assembly required to reconsider and vote on vetoed bills

ARTICLE 8 - EDUCATION

• Art. 8, Sec. 2 - Fines assessed for breaches of state penal laws to be deposited in common school fund
• Art. 8, Sec. 3 - Principal of common school fund may not be diminished
• Art. 8, Sec. 7 - State trust funds may not be used for purposes other than that for which established.

ARTICLE 10 - FINANCE

• Art. 10, Sec. 1 - Uniform and equal rate of property assessment and taxation
• Art. 10, Sec. 5 - Incurring state debt prohibited, except in certain situations
• Art. 10, Sec. 8 - Authority to levy income tax

ARTICLE 11 - CORPORATIONS

• Art. 11, Sec. 12 - Loaning credit of state prohibited

ARTICLE 13 - INDEBTEDNESS

• Art. 13, Sec. 1 - Debt Limitation

ARTICLE 15 - MISCELLANEOUS

• Art. 15, Sec. 2 - Maximum term of office four years for office created by General Assembly

INDIANA CODE PROVISIONS:

IC 1 - GENERAL PROVISIONS

• IC 1-1-1 - Implementary Provisions for the Indiana Code
• IC 1-1-1-5(f) - Headings of titles, articles, and chapters not part of law
• IC 1-1-1-8 - General severability provision
• IC 1-1-2 - Laws Governing the State
• IC 1-1-3 - Proclamation Date; Effective Dates of Session Laws
• IC 1-1-3-3 - Effective dates generally
• IC 1-1-3.1 - Effectiveness of Acts Passed Over the Governor's Veto
• IC 1-1-3.5 - Political Subdivisions Classified by Population; Effective Date of Decennial Census ( See: discussion concerning the use of Population Parameters, Page 36).
• IC 1-1-4 - Construction of Statutes
• IC 1-1-4-1 - Statutes to be given their plain meaning. Singular includes the plural. Masculine gender includes females.
• IC 1-1-4-5 - Definitions that apply to the construction of all Indiana statutes
• IC 1-1-5 - Effect of Repeal; Reservation of Legislative Authority
• IC 1-1-7 - Interpretation of Registered Mail as Certified Mail

IC 4 - STATE OFFICES AND ADMINISTRATION

• IC 4-1-1 - Fiscal Year
• IC 4-1-8 - State Requests for Social Security Numbers
• IC 4-13-2 - Financial Reorganization Act of 1947
• IC 4-13-2-19 - Reversion of funds at end of state fiscal year
• IC 34-28-5-4 - Infractions defined
• IC 35-50 - Criminal Sentencing Structure
• IC 36-1 - Home Rule for Local Government Units

C. RULES

(1) Sentence Structure

Use short, simple sentences. Avoid excessive use of dependent clauses, parallel clauses, compound sentences, and other complex sentence structures.

(2) Subject of Sentence

Unless it is clear from the context, use as the subject of each sentence the person or entity to whom a power, right, or privilege is granted or upon whom a duty, obligation, or prohibition is imposed.

(3) Tense

Use the present tense. However, when it is necessary to express a time relationship (such as when there is a condition precedent to the operation of the law), state the facts that are concurrent with the operation of the law as present facts and the facts precedent to its operation as past facts.

Example: If a person has finished the training, the person may . . .
When the future tense is appropriate, use "will".

Example: If the director determines that the computer system will cause problems, the director shall . . .

(4) Mood

Use the indicative mood.

(5) Voice

Use the active voice whenever possible.

In rare instances the passive voice may be used, such as when the subject of the sentence is the focus of some action to be implicitly taken by another person who is not mentioned in the sentence.

Example: A person who commits a Class D felony shall be imprisoned.

(6) Number: Singular vs. Plural

Use the singular instead of the plural, since singular words apply to several persons or things as well as to one person or thing.

(7) Gender

To the extent possible, avoid words importing gender.

(8) Consistency

Be consistent in the use of language throughout the legislative measure. Do not use the same word or phrase to convey different meanings. Do not use different language to convey the same meaning.

Be consistent in the arrangement of comparable provisions. Arrange sections containing similar material in the same way.

(9) Brevity

Omit unnecessary words.

If a word has the same meaning as a phrase, use the word.

Use the shortest sentence that conveys the intended meaning.

(10) Commanding, Authorizing, Forbidding, and Negating

• To create a right, say "is entitled to".
• To create discretionary authority, say "may".
• To create a duty, say "shall".
• To create a condition precedent, say "must".
• To negate a right, say "is not entitled to".
• To negate discretionary authority, say "may not".
• To negate a duty or a mere condition precedent, say "is not required to".
• To create a duty not to act, say "shall not".

[From: Dickerson, F.R., Legal Drafting, West Publishing Company (1981), p.182]

Avoid false imperatives. Avoid using hortatory qualifiers such as "will", "should", and "ought" in the text of a legislative measure.

(11) And; Or; And/Or

"And" usually stands for the conjunctive, connective, or additive; "or" for the disjunctive or alternative. An ambiguity occurs where it is not clear whether the inclusive "or" (A or B, or both) or the exclusive "or" (A or B, but not both) is intended. It is also not always clear whether the several "and" (A and B, jointly or severally) or the joint "and" (A and B, jointly but not severally) is intended. To avoid this ambiguity, say the following as appropriate:

1. "A or B" where the exclusive is intended.
2. "A or B, or both" where the inclusive is intended or where jointly or severally is intended.
3. "A and B" where the conjunctive, connective, or additive is intended.
   Never use the term "and/or".

(12) Such; Said

Use the articles "a", "an", and "the" instead of the words "such" or "said". It is appropriate to use "such" to express an example.

Example: The commission may take steps to provide compliance, such as ordering the applicant to submit a verified statement.

Also, do not use "any", "each", "every", "all", or "some" if "a", "an", or "the" can be used with the same result.

(13) Which; That

Use "which" and a comma to introduce a nonrestrictive clause. A nonrestrictive clause is a clause that is not needed to clarify the meaning of the word that it modifies.

Example: The application, which need not be verified, must be signed by the applicant.

Use "that" to introduce a restrictive clause modifying the nearest antecedent. A restrictive clause is a clause that is needed to make clear the meaning of the word that it modifies.

Example: An application to renew a license that has been revoked must be signed by the applicant.

(14) Limitations, Exceptions, and Conditions

Limitations or exceptions to the coverage of the legislative measure or conditions placed on its application should be described in the first part of the legislative measure--i.e. at the beginning of the title, article, chapter, section, or noncode provision [see Bills, Page 22]. If they are numerous, notice of their existence should be given in the first part of the legislative measure, and they should be stated separately later in the legislative measure.

If a provision is limited in its application or is subject to an exception or condition, it generally promotes clarity to begin the provision with a statement of the limitation, exception, or condition or with a notice of its existence. Avoid using "notwithstanding" to express a limitation of a general provision of the same legislative measure.

Say:
Sec. 1. (a) Except as provided in subsection (b), . . .

Don't say:
(b) Notwithstanding subsection (a), . . .

"If", "when", and "whenever" are expressions of limitation or condition. If the condition is limited by a single occurrence that may never occur, use "if" to introduce the condition.

Example: If the mayor resigns from office, the deputy mayor assumes the duties of the office.

If the condition will occur more than once, introduce the condition with "whenever".

Example: Whenever the operator answers a call, the operator shall . . .

If the condition is certain to occur, use "when".

Example: When the statute takes effect, the governor shall . . .

Do not use "provided that", "provided however that", or similar proviso language. Use "but" instead of "except that".

(15) Designation of Sections, Subsections, Subdivisions, Clauses, and Items

Use short sections. Use a separate section for each separate topic.

For paragraph divisions of a section (called subsections), use "(a)", "(b)", "(c)", etc. All paragraphs, whether in new or existing provisions, must be designated. When drafting a new section or when adding new subsections to an existing section, do not create more than eight subsections, because if there are that many ideas, they are probably best expressed in separate sections and because the ninth subsection "(i)" is easily confused with the division known as "item (i)".

Do not use divisions below items, because a separate sentence should probably be used in that case.

1. When designating divisions in a section that has subsections, use the following style (in the left hand margin is a description of the different levels of tabulation shown):

2. When designating divisions in a section that has no subsections, use the following style:

(16) Redesignation

Within a section, renumber or reletter an already designated provision of that section only if:

1. (a) there is little probability that an Indiana Code designation is relied on by users of the Code; and
2. (b) a computer search has been conducted using FOLIO (software that is capable of searching statutes for certain words, phrases, and numerals) to locate sections containing internal references to the Code provisions to be redesignated.

(17) Tabulation

Introduction

The purpose of tabulation is to break down the elements of a sentence into readily identifiable components as an aid to understanding. Break a sentence into its parts and present them in tabular form only if this makes the meaning substantially clearer. There are two basic types of tabulation, listing and sentence. It is important to remember, however, that no matter which style is used, the introductory language preceding the tabulated material must apply to all of the elements because those elements are a part of the whole thought.

Often it is possible to use either style of tabulation. Use the style that works best within the context.

Avoid beginning a new sentence after a tabulation. If the sentence is not a part of the tabulated series, it is better practice to draft it as a separate subsection or section.

The first style of tabulation is known as a listing. As the name implies, each element is listed after the introductory clause and begins with a capital letter and ends with a period. When a listing is used, the introductory language must include the words "as follows" or "the following".

Each listed element can have subelements, but each element must end with a period even if it has subelements.

Sentence Style

The second style of tabulation is known as sentence style. This style is best envisioned by thinking of a sentence with a series of elements where each element is given a line of its own, where each element has some type of designation before it, and where the commas are replaced with semicolons. Use the following sentence for an example: "To be entitled to vote, a person must be a resident of Indiana, at least eighteen (18) years of age, and registered with the county election board.". When this sentence is tabulated as follows, it is easier for the reader to quickly identify the three qualifying elements:

Sec. 1. To be entitled to vote, a person must be:

1. a resident of Indiana;
2. at least eighteen (18) years of age; and
3. registered with the county election board.

Note that the conjunction always follows the next to last element in the tabulation, and that the only permissible conjunctions are "and" or "or". The conjunction, however, applies to each element in the tabulation and not just to the last two elements.

This style of tabulation can be expanded with each of the elements having subelements.

Listings Without Numbering or Lettering

The numbering or lettering of a listing of elements when using listing style is not required when:

1. the elements may be listed in order (such as alphabetical order, numerical order, or Indiana Code cite order);
2. it is likely that the listing will be frequently modified; and
3. there is no need to cite to a particular element within the listing.

Formulas

A variation of the listing style of tabulation is the style of tabulation used when writing formulas. The style is the same as the listing style except that the word "STEP" followed by the appropriate numeral written out in capital letters is substituted as the first division. This style is most frequently used for tax, school finance, and mathematical computations.

(18) Capitalization

As a general rule, capitalization should be used sparingly.

Do capitalize the following:

1. (a) The first word in a sentence and the first word in tabulated items in the listing style.
2. (b) Geographic names.
   Examples: Ohio River; Marion County; Hoosier National Forest
3. (c) Months and days of the week.
4. (d) Names of streets, roads, parks, and buildings.
   Examples: the White House; U.S. Route 50; Garfield Park
5. (e) Names of nationalities and languages.
   Examples: Spanish-speaking people; English language
6. (f) Political parties and religious denominations.
   Examples: the Democratic party; the Republican party; the Methodist church (but, First
7. Methodist Church)
8. (g) Official titles of organizations and institutions.
   Examples: Associated Press; Indiana University; Indiana State Medical Association
9. (h) Federal and international entities. Always use the correct name of an entity, and do not use acronyms
10. as abbreviations.
    Examples: United States Department of the Interior; United States House of Representatives;
11. United States Senate; Federal Bureau of Investigation; World Bank; United Nations
12. (i) Titles of specific acts, federal laws, and other official documents.
    Examples: Equal Rights Amendment; Internal Revenue Code; Social Security Act; the
13. Constitution of the United States; the Constitution of the State of Indiana; Rules of
14. Trial Procedure
15. (j) References to the "Indiana Code".
16. (k) Titles of honor and respect, when preceding the name.
    Examples: Governor Frank O'Bannon; State Senator Robert D. Garton; State Representative
17. John Gregg; Senator Richard Lugar (but, senator of Indiana); Queen Elizabeth (but, queen of England)
18. (l) Holidays, religious days, and historic events.
    Examples: Fourth of July; Thanksgiving Day; Passover
19. (m) Titles of books, magazines, newspapers, and periodicals.
    Examples: the Indianapolis Star; the Indiana Register
20. (n) The first word after each "Whereas" in a resolution. Example: Whereas, The protection and welfare of the children of Indiana is of primary concern . . .
21. (o) "Class" when referring to a criminal penalty or a type of infraction, such as a "Class B felony".
22. (p) The second word of hyphenated titles, such as "Community-Board".
23. (q) The first letter of all significant words in an Indiana Code chapter heading. Example: Chapter 2. Prohibitions in the Sale and Use of Certain Detergents
24. (r) Every letter in an Indiana Code title or article heading. Example: ARTICLE 4. AIR AND WATER POLLUTION CONTROL

Do not capitalize the following:

1. (a) Words such as "city", "county", "state", etc., when alone or with the word "of" preceding a specific
2. name.
   Examples: city of Indianapolis; second class city; the county (but, Lake County)
3. (b) Directional parts of states and counties (except in surveyors' reports and other such documents).
   Examples: northern Indiana; central Tippecanoe County; midwestern states
4. (c) General designations of buildings.
   Examples: library in Fort Wayne (but, the Fort Wayne Library); the county courthouse; the
5. Indianapolis post offices
6. (d) The words "government" or "federal" (except when "federal" is a part of the name of the agency or statute). However, use "United States" instead of "federal" when referring to a specific entity that does not have "federal" in the name. Always use the correct name of an agency.
   Examples: United States government; federal agencies (but, Federal Bureau of Investigation);
7. United States Department of Health and Human Services; United States Social
8. Security Administration
9. (e) Names of legislative, judiciary, and administrative bodies and government departments, unless the name refers to a federal body, department, etc
   Examples: Indiana general assembly; Indiana senate; department of state revenue; Congress of
10. the United States; Supreme Court of the United States
11. (f) Official titles of state, county, or municipal officers, agencies, commissions, committees, or funds.
    Examples: clerk of the circuit court; board of county commissioners; public employees' retirement fund; commission on the aging and aged; legislative services agency; state general fund
12. (g) Substitutes for official titles when used without a proper name.
    Examples: the governor; the commissioner; the speaker of the house
13. (h) References to laws on a particular subject.
    Examples: motor vehicle laws; federal election laws; federal tax laws (but, Internal Revenue
14. Code)
15. (i) Names of seasons of the year.
    Examples: spring; summer session

(19) Commas

• If a sentence consists of two independent clauses, each with subject and predicate, use a comma before the
• conjunction.
  Example: The commission shall submit a report, and the governor shall review the report.
• If a sentence has a compound predicate, a comma is unnecessary unless required for clarity.
  Example: The treasurer shall file the report before June 30 and shall submit copies of the report to each member of the commission. A comma is used to set off a nonrestrictive adjective clause.
  Example: The director, who may not have other employment, is entitled to receive a salary.
• A comma is not used to set off a restrictive clause.
  Example: The registrar shall assign a student identification number to each student who enters Purdue University.
• Enclose a parenthetical phrase or clause with two commas.
  Example: The treasurer shall, before June 30 of each fiscal year, submit copies of the report to each member of the commission.
• Words, phrases, or clauses in a series are separated by commas, including a comma before the conjunction connecting the last two members of a series.
  Example: The report shall be filed with the auditor of state, the treasurer of state, and the state board of tax commissioners. The report must contain all debits, credits, and profits of the corporation.
• Adverbial phrases, introductory participial phrases, and introductory, long subordinate clauses should be
• set off by commas.
  Examples: Because of the need for a more effective welfare program, the chairman ordered an extensive study of the present program. Until further notice is given, the present rules remain in effect.

(20) Parentheses

Avoid parentheses except when they are more reliable than commas in setting off a phrase where there is possible uncertainty as to how the ideas that follow the phrase are linked to the ideas that precede it.

strong>Example: When it is necessary to order individuals to active duty (other than for training) without their consent, . . . [See Dickerson, F. Reed, Legislative Drafting, West Publishing Company (1981), p.71]

Parentheses may also be used if necessary to make clear a reference to another statutory provision by indicating the nature of the referenced provision.

Example: IC 35-42-3-2 (kidnapping)

Parentheses should be used to set off an internal reference to the citation where a term is defined.

Example:

(21) Brackets

Do not use brackets as punctuation.

(22) Apostrophes

The possessive case of a singular or plural noun not ending in "s" is formed by adding an apostrophe and "s".

Examples: attorney's fees; children's hospital; man's; women's; worker's compensation

Although the possessive case of a singular noun ending in "s" or with an "s" sound is formed by adding an apostrophe and "s", this situation should be avoided by redrafting the language.

Example: tires of the bus (NOT bus's tires)

The possessive case of a plural noun ending in "s" or with an "s" sound is formed by adding an apostrophe.

Example: public employees' retirement fund

An apostrophe should not be used after the names of countries and other organized bodies ending in "s" or after words more descriptive than possessive.

Example: department of veterans affairs; prosecuting attorneys council

In compound nouns, the "'s" or "s'" is added to the element nearest the object possessed.

Examples: attorney general's appointments; secretary of state's agenda; soldiers and sailors' home

(23) Semicolons

Generally, only use semicolons in the sentence style of tabulation.

(24) Colons

Use a colon to introduce a series.

Example: THE FOLLOWING ARE REPEALED: IC 17; IC 18; IC 19.

Use a colon to introduce a long quotation.

(25) Quotation Marks

Quotation marks should be used only to enclose defined words or phrases. Commas, periods, and question marks should be placed outside the quotation marks unless the punctuation is included as part of the quoted material. Commas are also placed outside quotation marks when in the middle of a sentence.

Examples:
As used in this section, "ad valorem tax" means . . .
"Revenue bonds", as used in this subsection, refers to bonds issued under IC 36-9-31-10.

(26) Hyphens

Avoid hyphens, because many words that once were hyphenated are now written as one word or as two words without a hyphen. It is easier to perform computer searches if hyphens are not used.

Examples: statewide attorney general reelect lieutenant governor bipartisan vice president cooperate

(27) Expression of Numbers

Introduction

Integers, dollar amounts, percentages, and fractions (except dates, times, and numbers within the text of a bill digest or a resolution) should be expressed in words followed by figures in parentheses. Style policy is less restrictive for the digest and resolutions, and journalistic style normally should be followed.

Style for Numbers Expressed in Words

Examples:

• twenty-four (24)
• one hundred ten (110)
• eight hundred ninety-eight (898)
• one thousand six hundred fifty (1,650)
• eighty-four thousand (84,000)

Numbers may be expressed in figures if length would prohibit expressing them in both words and figures, especially in tables.

Examples:

• County government share ..................... $15
• State government share .......................... 34

Fractions

Percentages are preferred to fractions whenever practicable.

Compound fractions should be expressed as follows:

Examples:

• three and one-half (3 1/2)
• four and three-eighths (4 3/8)

Percentages

Decimals are preferred whenever practicable.

Examples:

• one-tenth of one percent (0.1%)
• sixty-two and one-half percent (62.5%)

Ordinals

Express ordinals in words only.

Examples: first (NOT 1st); twenty-second (NOT 22nd)

Use of "One"

When "one" is used as a pronoun, it should not be followed by a numeral in parentheses.

Example: He was the only one to attend the meeting.

However, when "one" is used as a number, it should be followed by a numeral in parentheses.

Example: The precinct shall nominate one (1) delegate.

Dates

When a date includes month, day, and year, the year is set off by commas, but when the date includes only the month and year, no comma is used.

Examples:

• June 30 October 30, 1978
• June 1984 April, May, and June 1985

Time

Generally, time should be expressed in figures. Avoid using terms such as "local time" and "prevailing local time", and avoid referring to time zones, since IC 1-1-8.1 and federal law define official time. It is not necessary to use "midnight" as the expiration time for a term or license since these will automatically expire at midnight unless some other time is indicated.

Examples: 6 a.m.; 4:30 p.m.; midnight (NOT 12:00 midnight); noon (NOT 12:00 noon)

Temperatures

Examples:

• one hundred sixty (160) degrees Fahrenheit
• ninety (90) degrees Celsius

Money

Monetary amounts should be expressed as written words followed by a dollar sign and figures in parentheses. Dollar amounts that are whole do not need decimal points and zeroes.

Examples:

• one dollar ($1)
• ninety-seven dollars ($97)
• two hundred dollars ($200)
• three thousand five hundred dollars ($3,500)

When using dollars and cents, use the word "and" and decimal points to separate dollars and cents.

Examples:

• eighty-five cents ($0.85)
• five hundred twenty-five dollars and fifty cents ($525.50)
• six hundred seventy-five thousand nine hundred eighty-two dollars and eleven cents ($675,982.11)

Formulas

Use the STEP method rather than numerators and denominators [see Formulas, Page 14].

Age

Use "at least", "less than", and "years of age" when referring to age.

Example: An applicant must be at least fifteen (15) years of age but less than eighteen (18) years of age.

Example: A person who is at least sixty-five (65) years of age is entitled to a pension.

Fiscal Year

When referring to the state fiscal year, use "beginning July 1" and "ending June 30" (See IC 4-1-1-1).

Example: The appropriation covers the state fiscal year beginning July 1, 2000, and ending June 30, 2001.

(28) Indiana; State

Do not use "the state of Indiana". Use "Indiana" when referring to the geographic entity.

Example: resident of Indiana

Use "state" when referring to the political entity.

Example: departments of state government; real property owned by the state

THE DAILY SCHEDULE

Senate House