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Thursday, September 19, 2013
Ind. Law - Doing Indiana Legislative History, some tools and pointers
Yesterday I received this question from a long-time ILB supporter:
Hi Marcia:My response:
I am trying to find a noncode provision that relates to the applicability of a change made in the law via P.L. 119-2008, section 8. I have no idea how to find it through Lexis.
I don't use Lexis, or West. Use this: The Indiana Law Blog's Legislative Research Shortcuts.Some additional notes to those unfamiliar with Indiana bills. "SECTION" is different from "Sec." "SECTION" refers to the sections of the bill, "Sec." refers to sections of the Indiana Code. In this case, you will find SECTION 8 on p. 8 of the Senate Enrolled Act. Its lead-in reads:
First convert the PL to bill number. Then look up under 2008 bills. Any noncode provisions should be at the end of the enrolled act.
SECTION 8. IC 11-8-8-19, AS AMENDED BY P.L.216-2007, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 19. * * *
The noncode SECTIONS are traditionally located at the end of the bill. In this there are two, SECTIONS 20 and 21. Here is SECTION 21:
SECTION 21. [EFFECTIVE JULY 1, 2008] IC 35-38-1-7.1, as amended by this act, and IC 35-42-4-12 and IC 35-52-4-13, both as added by this act, apply only to crimes committed after June 30, 2008.Notice the difference, as this non-code SECTION does not amend the Indiana Code and the only place you will find it is in the enrolled act. But it is still law.
After a brouhaha a few years back, the General Assembly for the most part has stopped using this drafting technique and places such language in the Indiana Code. But it still exists with respect to older laws, and occasionally recent laws.
For another, more complex example of researching legislative history, see this ILB post from Feb. 21, 2009.