Bill Text: IN SB0490 | 2011 | Regular Session | Engrossed
Bill Title: Noncode statutes.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0490 Detail]
Download: Indiana-2011-SB0490-Engrossed.html
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Noncode statutes. Repeals all noncode statutes enacted after
the 1984 regular session of the general assembly and before the 2010
regular session, except certain specifically preserved noncode statutes.
Codifies other noncode provisions. Establishes general rules relating
to the operation of legislative study commissions and committees.
Relocates the statute establishing the criminal law and sentencing
policy study committee. Repeals the statute enacted for temporary
legislative study committees. (The introduced version of this bill was
prepared by the code revision commission.)
Effective: July 1, 2011.
(HOUSE SPONSOR _ FOLEY)
January 13, 2011, read first time and referred to Committee on Judiciary.
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, ordered engrossed. Engrossed.
February 22, 2011, read third time, passed. Yeas 49, nays 0.
March 28, 2011, read first time and referred to Committee on Judiciary.
April 4, 2011, amended, reported _ Do Pass.
April 7, 2011, read second time, amended, ordered engrossed.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions and to make an appropriation.
(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.
(1) Both of the following apply to P.L.240-1991:
(A) Section 8 of this chapter does not apply to P.L.240-1991.
(B) If any SECTION, legislative district, or other provision of P.L.240-1991 or its application to any person or circumstance is held invalid, the invalidity of that SECTION, legislative district, or provision does not affect other SECTIONS, legislative districts, or provisions of P.L.240-1991 that can be given effect without the invalid SECTION, legislative district, or provision.
(2) The provisions of P.L.95-2004 are not severable.
Chapter 1.1. Repeal of Certain Noncode Statutes; Preservation of Other Noncode Statutes
Sec. 1. This chapter applies to all noncode statutes and parts of noncode statutes enacted:
(1) after the 1984 regular session of the Indiana general assembly; and
(2) before the 2010 regular session of the Indiana general assembly.
Sec. 2. Except as provided in this chapter, the statutes and parts of statutes described in section 1 of this chapter are repealed.
Sec. 3. Section 2 of this chapter does not repeal a statute described in section 1 of this chapter that expires after June 30, 2011. However, such a statute expires on the expiration date provided in the statute.
Sec. 4. (a) An act of the general assembly that strikes a statute listed in IC 1-1-1-2, IC 1-1-1-2.1, or this chapter has the effect of repealing that listed statute.
(b) An act of the general assembly that repeals IC 1-1-1-2, IC 1-1-1-2.1, or another section of this chapter has the effect of repealing all the statutes listed in IC 1-1-1-2, IC 1-1-1-2.1, or that section of this chapter, whichever is applicable.
Sec. 5. Section 2 of this chapter does not repeal P.L.9-1991, SECTION 124 (concerning the construction of that act relating to the transfer of state agency or facility to private control).
Sec. 6. Section 2 of this chapter does not repeal either P.L.347-1989, SECTION 30 or P.L.21-1990, SECTION 60 (the latter statute amending the former statute) (concerning the change of fiscal years by a holding company or regulated financial corporation).
Sec. 7. Section 2 of this chapter does not repeal P.L.234-2007, SECTION 223 (requiring the Indiana department of transportation to submit a quarterly report describing the projects that the department has expended or encumbered money for major moves construction program).
Sec. 8. Section 2 of this chapter does not repeal the following statutes concerning motor vehicles:
(1) P.L.2-1991, SECTION 110 (concerning the effect of the enactment of the amendments to IC 9-8-6-20 (before its repeal)).
(2) P.L.61-1996, SECTION 26 (concerning certain practices of the bureau of motor vehicles under IC 9-18-2-1).
Sec. 9. Section 2 of this chapter does not repeal the following statutes concerning human services:
(1) P.L.109-1986, SECTION 3 (concerning the application of IC 12-3-6.1-1 (before its repeal) to a director of a children's home).
(2) P.L.28-2004, SECTION 199 (concerning a report to be submitted by the division of disability, aging, and rehabilitative services).
Sec. 10. Section 2 of this chapter does not repeal the following statutes concerning family law and juvenile law:
(1) P.L.289-1987, SECTION 2 (concerning application of
amendments to a statute concerning child support).
(2) P.L.211-1999, SECTION 6 (concerning special needs foster
children and therapeutic foster children).
Sec. 11. Section 2 of this chapter does not repeal either
P.L.202-1988, SECTION 1 or P.L.250-1997, SECTION 1 (the latter
statute amending the former statute) (concerning conveyance of
real estate to the University of Evansville).
Sec. 12. Section 2 of this chapter does not repeal the following
amendments to local acts:
(1) P.L.1-1990, SECTION 370 (amendments to Local Acts
1851, c.39, s.1 concerning the trustees of Indiana Asbury
University).
(2) P.L.1-1990, SECTION 371 (amendments to Local Acts
1851, c.1, s.10 concerning the duties of the mayor of Vernon,
Indiana).
(3) P.L.1-1990, SECTION 373 (amendments to Local Acts
1851, c.1, s.35 removing the term "justice of the peace").
Sec. 13. Section 2 of this chapter does not repeal the following
statutes relating to the state biennial budgets:
(1) The following statutes defining terms in the state budgets:
P.L.372-1985, SECTION 1; P.L.383-1987, SECTION 5;
P.L.396-1987, SECTION 1; P.L.209-1988, SECTION 1;
P.L.357-1989, SECTION 1; P.L.185-1990, SECTION 1;
P.L.240-1991, SECTION 1; P.L.277-1993, SECTION 1;
P.L.340-1995, SECTION 1; P.L.260-1997, SECTION 1;
P.L.273-1999, SECTION 1; P.L.291-2001, SECTION 1;
P.L.224-2003, SECTION 1; P.L.246-2005, SECTION 1;
P.L.234-2007, SECTION 1; P.L.182-2009, SECTION 1.
(2) The following statutes stating the general appropriation
language for budget bills: P.L.372-1985, SECTION 2;
P.L.383-1987, SECTION 6; P.L.396-1987, SECTION 2;
P.L.209-1988, SECTIONS 2 and 15; P.L.357-1989, SECTION
2; P.L.185-1990, SECTION 2; P.L.240-1991, SECTION 2;
P.L.277-1993, SECTION 2; P.L.340-1995, SECTION 2;
P.L.260-1997, SECTION 2; P.L.273-1999, SECTION 2;
P.L.291-2001, SECTION 2; P.L.224-2003, SECTION 2;
P.L.246-2005, SECTION 2; P.L.234-2007, SECTION 2;
P.L.182-2009, SECTION 2.
(3) The following statutes relating to appropriations for
general government: P.L.378-1987, SECTION 16;
P.L.383-1987, SECTION 7; P.L.396-1987, SECTION 3;
P.L.209-1988, SECTION 4; P.L.357-1989, SECTION 3;
P.L.185-1990, SECTIONS 3 and 10; P.L.240-1991, SECTION
3; P.L.277-1993, SECTION 3; P.L.340-1995, SECTION 3;
P.L.260-1997, SECTION 3; P.L.273-1999, SECTION 3;
P.L.291-2001, SECTIONS 3, 9, 13, and 15; P.L.224-2003,
SECTION 3; P.L.246-2005, SECTION 3; P.L.234-2007,
SECTION 3; P.L.182-2009, SECTION 3.
(4) The following statutes relating to appropriations for public
safety: P.L.383-1987, SECTION 8; P.L.396-1987, SECTION
4; P.L.209-1988, SECTION 5; P.L.357-1989, SECTION 4;
P.L.185-1990, SECTION 4; P.L.240-1991, SECTION 4;
P.L.277-1993, SECTION 4; P.L.340-1995, SECTION 4;
P.L.260-1997, SECTION 4; P.L.273-1999, SECTION 4;
P.L.291-2001, SECTIONS 8 and 14; P.L.224-2003, SECTION
4; P.L.246-2005, SECTION 4; P.L.234-2007, SECTION 4;
P.L.182-2009, SECTION 4.
(5) The following statutes relating to appropriations for
conservation and environment: P.L.383-1987, SECTION 9;
P.L.396-1987, SECTION 5; P.L.357-1989, SECTION 5;
P.L.185-1990, SECTION 5; P.L.240-1991, SECTION 5;
P.L.277-1993, SECTION 5; P.L.16-1994, SECTION 15;
P.L.340-1995, SECTION 5; P.L.260-1997, SECTION 5;
P.L.273-1999, SECTION 5; P.L.291-2001, SECTIONS 10 and
12; P.L.224-2003, SECTION 5; P.L.246-2005, SECTION 5;
P.L.234-2007, SECTION 5; P.L.182-2009, SECTION 5.
(6) The following statutes relating to appropriations for
economic development: P.L.383-1987, SECTION 10;
P.L.396-1987, SECTION 6; P.L.209-1988, SECTION 6;
P.L.357-1989, SECTION 6; P.L.240-1991, SECTION 6;
P.L.277-1993, SECTION 6; P.L.340-1995, SECTION 6;
P.L.260-1997, SECTION 6; P.L.273-1999, SECTION 6;
P.L.291-2001, SECTION 6; P.L.224-2003, SECTION 6;
P.L.246-2005, SECTION 6; P.L.234-2007, SECTION 6;
P.L.182-2009, SECTION 6.
(7) The following statutes relating to appropriations for
transportation: P.L.372-1985, SECTION 31; P.L.396-1987,
SECTION 7; P.L.357-1989, SECTION 7; P.L.240-1991,
SECTION 7; P.L.277-1993, SECTION 7; P.L.340-1995,
SECTION 7; P.L.260-1997, SECTION 7; P.L.273-1999,
SECTION 7; P.L.291-2001, SECTION 11; P.L.224-2003,
SECTION 7; P.L.246-2005, SECTION 7; P.L.234-2007,
SECTION 7; P.L.182-2009, SECTION 7.
(8) The following statutes relating to appropriations for either
health and human services or for family and social services,
health, and veterans' affairs: P.L.383-1987, SECTIONS 11
and 12; P.L.396-1987, SECTION 8; P.L.209-1988, SECTIONS
3 and 7; P.L.357-1989, SECTION 8; P.L.185-1990, SECTION
7; P.L.240-1991, SECTION 8; P.L.277-1993, SECTION 8;
P.L.340-1995, SECTION 8 and P.L.30-1996, SECTION 8 (the
latter statute amending the former statute); P.L.260-1997,
SECTION 8; P.L.273-1999, SECTION 8; P.L.291-2001,
SECTION 7; P.L.224-2003, SECTION 8; P.L.246-2005,
SECTION 8; P.L.234-2007, SECTION 8; P.L.182-2009,
SECTION 8.
(9) The following statutes relating to appropriations for
education, including higher education: P.L.383-1987,
SECTION 13; P.L.383-1987, SECTION 14; P.L.396-1987,
SECTION 9; P.L.209-1988, SECTIONS 9 through 13;
P.L.357-1989, SECTIONS 9 through 11; P.L.51-1990,
SECTION 46; P.L.185-1990, SECTION 8; P.L.240-1991,
SECTIONS 9 through 11; P.L.277-1993, SECTIONS 9
through 11; P.L.36-1994, SECTION 41; P.L.340-1995,
SECTIONS 9 through 11; P.L.260-1997, SECTIONS 9
through 11; P.L.273-1999, SECTIONS 9 through 11;
P.L.291-2001, SECTIONS 4, 5, 16, and 17; P.L.224-2003,
SECTIONS 9, 11, and 12; P.L.246-2005; SECTIONS 9, 11,
and 12; P.L.234-2007, SECTIONS 9, 11, and 12;
P.L.182-2009, SECTIONS 9, 11, and 12.
(10) The following statutes relating to payment of utility bills
and other claims at the end of a state fiscal year:
P.L.372-1985, SECTION 4; P.L.396-1987, SECTION 10;
P.L.357-1989, SECTION 12; P.L.240-1991, SECTION 12;
P.L.277-1993, SECTION 12; P.L.340-1995, SECTION 12;
P.L.260-1997, SECTION 12; P.L.273-1999, SECTION 12;
P.L.291-2001, SECTION 18; P.L.224-2003, SECTION 13;
P.L.246-2005, SECTION 13; P.L.234-2007, SECTION 13;
P.L.182-2009, SECTION 13.
(11) The following statutes relating to state travel and related
expenses: P.L.372-1985, SECTION 5; P.L.396-1987,
SECTION 11; P.L.357-1989, SECTION 13; P.L.240-1991,
SECTION 13; P.L.277-1993, SECTION 13; P.L.340-1995,
SECTION 13; P.L.260-1997, SECTION 13; P.L.273-1999,
SECTION 13; P.L.291-2001, SECTION 19; P.L.224-2003,
SECTION 14; P.L.246-2005, SECTION 14; P.L.234-2007,
SECTION 14; P.L.182-2009, SECTION 14.
(12) The following statutes setting per diem rates for members of boards and commissions: P.L.372-1985, SECTION 6; P.L.396-1987, SECTION 12; P.L.357-1989, SECTION 14; P.L.240-1991, SECTION 14; P.L.277-1993, SECTION 14; P.L.340-1995, SECTION 14; P.L.260-1997, SECTION 14; P.L.273-1999, SECTION 14; P.L.291-2001, SECTION 20; P.L.224-2003, SECTION 15; P.L.246-2005, SECTION 15; P.L.234-2007, SECTION 15; P.L.182-2009, SECTION 15.
(13) The following statutes providing that payment for personal services may not be made unless approved by the budget agency: P.L.372-1985, SECTION 7; P.L.396-1987, SECTION 13; P.L.357-1989, SECTION 15; P.L.240-1991, SECTION 15; P.L.277-1993, SECTION 15; P.L.340-1995, SECTION 15; P.L.260-1997, SECTION 15; P.L.273-1999, SECTION 15; P.L.291-2001, SECTION 21; P.L.224-2003, SECTION 16; P.L.246-2005, SECTION 16; P.L.234-2007, SECTION 16; P.L.182-2009, SECTION 16.
(14) The following statutes relating to the frequency of deposit of money into the state treasury: P.L.372-1985, SECTION 8; P.L.396-1987, SECTION 14; P.L.357-1989, SECTION 16; P.L.240-1991, SECTION 16; P.L.277-1993, SECTION 16; P.L.340-1995, SECTION 16; P.L.260-1997, SECTION 16; P.L.273-1999, SECTION 16; P.L.291-2001, SECTION 22; P.L.224-2003, SECTION 17; P.L.246-2005, SECTION 17; P.L.234-2007, SECTION 17; P.L.182-2009, SECTION 17.
(15) The following statutes relating to the deposit of money received as a result of casualty losses to the state: P.L.372-1985, SECTION 9; P.L.396-1987, SECTION 15; P.L.357-1989, SECTION 17; P.L.240-1991, SECTION 17; P.L.277-1993, SECTION 17; P.L.340-1995, SECTION 17; P.L.260-1997, SECTION 17; P.L.273-1999, SECTION 17; P.L.291-2001, SECTION 23; P.L.224-2003, SECTION 18; P.L.246-2005, SECTION 18; P.L.234-2007, SECTION 18; P.L.182-2009, SECTION 18.
(16) The following statutes relating to the disposition of excess state computer equipment: P.L.372-1985, SECTION 10; P.L.396-1987, SECTION 16; P.L.357-1989, SECTION 18; P.L.240-1991, SECTION 18; P.L.277-1993, SECTION 18; P.L.340-1995, SECTION 18; P.L.260-1997, SECTION 18; P.L.273-1999, SECTION 18; P.L.291-2001, SECTION 24; P.L.224-2003, SECTION 19; P.L.246-2005, SECTION 19; P.L.234-2007, SECTION 19; P.L.182-2009, SECTION 19.
(17) The following statutes relating to the use of excess commodities produced at state institutions: P.L.372-1985, SECTION 11; P.L.396-1987, SECTION 17; P.L.357-1989, SECTION 19; P.L.240-1991, SECTION 19; P.L.277-1993, SECTION 19; P.L.340-1995, SECTION 19; P.L.260-1997, SECTION 19; P.L.273-1999, SECTION 19; P.L.291-2001, SECTION 25; P.L.224-2003, SECTION 20; P.L.246-2005, SECTION 20; P.L.234-2007, SECTION 20; P.L.182-2009, SECTION 20.
(18) The following statutes requiring the approval of the budget agency for repairs to state buildings: P.L.372-1985, SECTION 12; P.L.396-1987, SECTION 18; P.L.357-1989, SECTION 20; P.L.240-1991, SECTION 20; P.L.277-1993, SECTION 20; P.L.340-1995, SECTION 20; P.L.260-1997, SECTION 20; P.L.273-1999, SECTION 20; P.L.291-2001, SECTION 26; P.L.224-2003, SECTION 21; P.L.246-2005, SECTION 21; P.L.234-2007, SECTION 21; P.L.182-2009, SECTION 21.
(19) The following statutes concerning the interpretation of statutory annual or continuing appropriations: P.L.372-1985, SECTION 13; P.L.396-1987, SECTION 19; P.L.357-1989, SECTION 21; P.L.240-1991, SECTION 21; P.L.277-1993, SECTION 21; P.L.340-1995, SECTION 21; P.L.260-1997, SECTION 21; P.L.273-1999, SECTION 21; P.L.291-2001, SECTION 27; P.L.224-2003, SECTION 22; P.L.246-2005, SECTION 22; P.L.234-2007, SECTION 22; P.L.182-2009, SECTION 22.
(20) The following statutes relating to the disposition of appropriations made to reorganized state agencies: P.L.372-1985, SECTION 15; P.L.396-1987, SECTION 20; P.L.357-1989, SECTION 22; P.L.240-1991, SECTION 22; P.L.277-1993, SECTION 22; P.L.340-1995, SECTION 22; P.L.260-1997, SECTION 22; P.L.273-1999, SECTION 22; P.L.291-2001, SECTION 28; P.L.224-2003, SECTION 23; P.L.246-2005, SECTION 23; P.L.234-2007, SECTION 23; P.L.182-2009, SECTION 23.
(21) The following statutes relating to the purchase of automobiles by the state: P.L.372-1985, SECTION 16; P.L.396-1987, SECTION 21; P.L.357-1989, SECTION 23; P.L.240-1991, SECTION 23; P.L.277-1993, SECTION 23; P.L.340-1995, SECTION 23; P.L.260-1997, SECTION 23; P.L.273-1999, SECTION 23; P.L.291-2001, SECTION 29;
P.L.224-2003, SECTION 24; P.L.246-2005, SECTION 24;
P.L.234-2007, SECTION 24; P.L.182-2009, SECTION 24.
(22) The following statutes relating to advisory
recommendations of the state budget committee:
P.L.372-1985, SECTION 17; P.L.396-1987, SECTION 22;
P.L.357-1989, SECTION 24; P.L.240-1991, SECTION 24;
P.L.277-1993, SECTION 24; P.L.340-1995, SECTION 24;
P.L.260-1997, SECTION 24; P.L.273-1999, SECTION 24;
P.L.291-2001, SECTION 30; P.L.224-2003, SECTION 25;
P.L.246-2005, SECTION 25; P.L.234-2007, SECTION 25;
P.L.182-2009, SECTION 25.
(23) The following statutes relating to the governor's
authority to accept federal funds: P.L.372-1985, SECTION
18; P.L.396-1987, SECTION 23; P.L.357-1989, SECTION 25;
P.L.240-1991, SECTION 25; P.L.277-1993, SECTION 25;
P.L.340-1995, SECTION 25; P.L.260-1997, SECTION 25;
P.L.273-1999, SECTION 25; P.L.291-2001, SECTION 31;
P.L.224-2003, SECTION 26; P.L.246-2005, SECTION 26;
P.L.234-2007, SECTION 26; P.L.182-2009, SECTION 26.
(24) The following statutes requiring allotment of federal
funds received by the state: P.L.372-1985, SECTION 19;
P.L.396-1987, SECTION 24; P.L.357-1989, SECTION 26;
P.L.240-1991, SECTION 26; P.L.277-1993, SECTION 26;
P.L.340-1995, SECTION 26; P.L.260-1997, SECTION 26;
P.L.273-1999, SECTION 26; P.L.291-2001, SECTION 32;
P.L.224-2003, SECTION 27; P.L.246-2005, SECTION 27;
P.L.234-2007, SECTION 27; P.L.182-2009, SECTION 27.
(25) The following statutes relating to state contracts for
personal services: P.L.372-1985, SECTION 20; P.L.396-1987,
SECTION 25; P.L.357-1989, SECTION 27; P.L.240-1991,
SECTION 27; P.L.277-1993, SECTION 27; P.L.340-1995,
SECTION 27; P.L.260-1997, SECTION 27; P.L.273-1999,
SECTION 27; P.L.291-2001, SECTION 33; P.L.224-2003,
SECTION 28; P.L.246-2005, SECTION 28; P.L.234-2007,
SECTION 28; P.L.182-2009, SECTION 28.
(26) The following statutes relating to appropriations for
personal services: P.L.372-1985, SECTION 21; P.L.396-1987,
SECTION 26; P.L.357-1989, SECTION 28; P.L.240-1991,
SECTION 28; P.L.277-1993, SECTION 28; P.L.340-1995,
SECTION 28; P.L.260-1997, SECTION 28; P.L.273-1999,
SECTION 28; P.L.291-2001, SECTION 34; P.L.224-2003,
SECTIONS 29 and 34; P.L.246-2005, SECTION 29;
P.L.234-2007, SECTION 29; P.L.182-2009, SECTION 29.
(27) The following statutes authorizing the withholding of
allotments of appropriations: P.L.372-1985, SECTION 23;
P.L.396-1987, SECTION 27; P.L.357-1989, SECTION 29;
P.L.240-1991, SECTION 29; P.L.277-1993, SECTION 29;
P.L.340-1995, SECTION 29; P.L.260-1997, SECTION 29;
P.L.273-1999, SECTION 29; P.L.291-2001, SECTION 35;
P.L.224-2003, SECTION 30; P.L.246-2005, SECTION 30;
P.L.234-2007, SECTION 30; P.L.182-2009, SECTION 30.
(28) The following statutes making construction
appropriations: P.L.372-1985, SECTIONS 24 and 25;
P.L.396-1987, SECTION 28; P.L.357-1989, SECTION 30;
P.L.185-1990, SECTION 9; P.L.240-1991, SECTION 31;
P.L.277-1993, SECTION 31; P.L.340-1995, SECTION 31;
P.L.260-1997, SECTION 31; P.L.273-1999, SECTION 31;
P.L.291-2001, SECTION 37; P.L.224-2003, SECTION 32;
P.L.246-2005, SECTION 32; P.L.234-2007, SECTION 32;
P.L.182-2009, SECTION 31.
(29) The following statutes authorizing the budget agency to
employ architects: P.L.372-1985, SECTION 30; P.L.396-1987,
SECTION 33; P.L.357-1989, SECTION 31; P.L.240-1991,
SECTION 32; P.L.277-1993, SECTION 32; P.L.340-1995,
SECTION 32; P.L.260-1997, SECTION 34; P.L.273-1999,
SECTION 36; P.L.291-2001, SECTION 41; P.L.224-2003,
SECTION 35; P.L.246-2005, SECTION 33; P.L.234-2007,
SECTION 33; P.L.182-2009, SECTION 32.
(30) The following statutes relating to the duration of
appropriations for construction: P.L.372-1985, SECTION 26;
P.L.383-1987, SECTION 15; P.L.396-1987, SECTION 29;
P.L.357-1989, SECTION 32; P.L.240-1991, SECTION 33;
P.L.277-1993, SECTION 33; P.L.340-1995, SECTION 33;
P.L.260-1997, SECTION 35; P.L.273-1999, SECTION 37;
P.L.291-2001, SECTION 42; P.L.224-2003, SECTION 36;
P.L.246-2005, SECTION 34; P.L.234-2007, SECTION 34;
P.L.182-2009, SECTION 33.
(31) The following statutes reappropriating the proceeds of
the sale of state property: P.L.372-1985, SECTION 27;
P.L.396-1987, SECTION 30; P.L.357-1989, SECTION 33;
P.L.240-1991, SECTION 34.
(32) The following statutes relating to the allotment of
appropriations: P.L.372-1985, SECTION 28; P.L.396-1987,
SECTION 31; P.L.357-1989, SECTION 34; P.L.240-1991,
SECTION 35.
(33) The following statutes relating to increase of expenditures
for construction appropriations: P.L.372-1985, SECTION 29;
P.L.396-1987, SECTION 32; P.L.357-1989, SECTION 35;
P.L.240-1991, SECTION 36.
(34) The following statutes relating to use of the
counter-cyclical revenue and economic stabilization fund:
P.L.277-1993, SECTION 34; P.L.291-2001, SECTIONS 44
and 49; P.L.224-2003, SECTION 38; P.L.234-2007, SECTION
36; P.L.182-2009, SECTION 35.
(35) The following statutes relating to balances in the mental
health fund: P.L.340-1995, SECTION 114; P.L.291-2001,
SECTION 47; P.L.224-2003, SECTION 37; P.L.246-2005,
SECTION 35; P.L.234-2007, SECTION 35; P.L.182-2009,
SECTION 34.
(36) The following statutes concerning distributions from
certain state funds: P.L.224-2003, SECTION 10;
P.L.246-2005, SECTION 10; P.L.234-2007, SECTION 10;
P.L.182-2009, SECTION 10.
(37) The following statutes stating that provisions of budget
acts are severable: P.L.372-1985, SECTION 37; P.L.357-1989,
SECTION 38; P.L.277-1993, SECTION 35; P.L.340-1995,
SECTION 126; P.L.260-1997, SECTION 104; P.L.273-1999,
SECTION 233; P.L.291-2001, SECTION 242.
Sec. 14. Section 2 of this chapter does not repeal the following
statutes concerning education finance:
(1) P.L.65-1985, SECTIONS 1, 7, and 12 (concerning school
corporation general fund levies).
(2) The following statutes concerning tuition support:
P.L.372-1985, SECTION 3; P.L.5-1988, SECTIONS 229 and
230; P.L.59-1988, SECTIONS 13 through 16, and 18;
P.L.240-1991, SECTION 30; P.L.43-1992, SECTION 19;
P.L.277-1993, SECTION 30; P.L.278-1993, SECTION 1;
P.L.340-1995, SECTION 30; P.L.30-1996, SECTION 7;
P.L.178-2002, SECTION 156; P.L.224-2003, SECTION 31;
P.L.276-2003, SECTION 39; P.L.246-2005, SECTION 31;
P.L.162-2006, SECTION 58; P.L.234-2007, SECTION 31;
P.L.146-2008, SECTION 854; P.L.182-2009, SECTION 38.
(3) P.L.85-1987, SECTION 5 (concerning school corporation
cumulative building fund levies).
(4) P.L.382-1987, SECTIONS 1 through 12, SECTION 18,
SECTIONS 27 through 48, and SECTION 51 (concerning
school finance).
(5) P.L.59-1991, SECTION 4 (concerning the effect of
amendments to statutes relating to education finance).
(6) P.L.277-1993, SECTION 137 (concerning transfer of
money from excess levy funds).
(7) P.L.30-1996, SECTION 6 (concerning transfers of money
between school corporation funds).
(8) P.L.273-1999, SECTION 159 (concerning primetime
distributions).
(9) P.L.3-2000, SECTION 15 (concerning which vocational
education formula to use in 2001).
(10) P.L.111-2002, SECTION 12 (concerning transfer tuition).
(11) P.L.146-2008, SECTION 855 (abolishing the tuition
reserve account in the state general fund and transferring
money to the state tuition reserve fund).
(12) P.L.146-2008, SECTION 857 (appropriating money to the
department of education from the state general fund to make
certain distributions).
Sec. 15. Section 2 of this chapter does not repeal the following
statutes concerning state educational institutions:
(1) P.L.209-1988, SECTION 8 (concerning fee replacement
appropriations to Indiana University).
(2) P.L.209-1988, SECTION 14 (concerning the construction
of facilities for the animal disease diagnostic laboratory by
Purdue University).
(3) P.L.155-1992, SECTION 1 (concerning the issuance of
bonds by Purdue University for turbine generators).
(4) P.L.55-1994, SECTION 6 (concerning the issuance of
refunding bonds by Indiana State University).
(5) P.L.55-1994, SECTION 7 (concerning the issuance of
bonds for the following:
(A) A telephone/computer network by Purdue University.
(B) The university center addition by the University of
Southern Indiana.).
(6) P.L.340-1995, SECTION 117 (concerning the issuance of
bonds by Purdue University for the food science and
agriculture biotech complex project).
(7) P.L.340-1995, SECTION 118 (concerning the issuance of
bonds by Indiana State University for the advanced
technology center).
(8) P.L.340-1995, SECTION 119 (concerning the issuance of
bonds by Purdue University for the science and engineering
building project).
(9) P.L.340-1995, SECTION 120 (concerning the issuance of
bonds by Ivy Tech State College for the Ivy Tech State
College, South Bend Campus, main campus building project).
(10) P.L.340-1995, SECTION 121 (concerning the issuance of
bonds by Indiana University for the law school/Herron art
school project).
(11) P.L.340-1995, SECTION 122 (concerning the issuance of
bonds by Purdue University for the Purdue University,
Calumet campus, classroom and office building project).
(12) P.L.340-1995, SECTION 123 (concerning the issuance of
bonds by the University of Southern Indiana for the general
purpose classroom project).
(13) P.L.340-1995, SECTION 124 (concerning the issuance of
bonds by Indiana University for the classroom and student
support services building and renovation project).
(14) P.L.26-1996, SECTION 12 (amending P.L.340-1995,
SECTION 121 concerning the issuance of bonds by Indiana
University for the law school/Herron art school project).
(15) P.L.26-1996, SECTION 13 (amending P.L.340-1995,
SECTION 122 concerning the issuance of bonds by Purdue
University for the Purdue University, Calumet campus,
classroom and office building project).
(16) P.L.26-1996, SECTION 14 (amending P.L.340-1995,
SECTION 123 concerning the issuance of bonds by the
University of Southern Indiana for the general purpose
classroom project).
(17) P.L.26-1996, SECTION 15 (amending P.L.340-1995,
SECTION 124 concerning the issuance of bonds by Indiana
University for the classroom and student support services
building and renovation project).
(18) P.L.260-1997, SECTION 32 (concerning the issuance of
bonds for the following:
(A) Indiana University for the following:
(i) Neal-Marshall Theater Project.
(ii) Graduate School of Business.
(iii) Southeast campus, Life Science Building.
(B) Indiana University Purdue University at Indianapolis,
Herron Art School/Law Building.
(C) Purdue University for the following:
(i) Food Science Building.
(ii) Boiler upgrade Phase I.
(iii) Calumet campus classrooms.
(iv) Fort Wayne campus Science Building.
(D) Indiana State University for the steam condensate distribution system.
(E) Ball State University for the North Quadrangle Building.
(F) Ivy Tech State College Lafayette campus for the Ross Road Building.
(G) Indiana University Bloomington campus for the Auditorium Renovation, Phase I.
(H) University of Southern Indiana for the Wellness/Fitness Recreational Facility.).
(19) P.L.273-1999, SECTION 32 (concerning the issuance of bonds for the following:
(A) Indiana University, Bloomington campus, for the Undergraduate Business School Renovation.
(B) Indiana University, Kokomo campus, for the New Science and Allied Health Building.
(C) Indiana University, Northwest campus, for the Professional Education Building.
(D) Indiana University, South Bend campus, for the Student Activities Center.
(E) Indiana University Purdue University at Indianapolis, for the Classroom Building University Information Technology Services (UITS).
(F) Purdue University, West Lafayette campus, for the Visual Performing Arts Building.
(G) Purdue University, West Lafayette campus, for the Boiler Upgrade Phase II.
(H) Indiana State University, for the Power Plant.
(I) Ball State University, for the South Quadrangle Project.
(J) Ivy Tech State College, Bloomington campus.
(K) University of Southern Indiana, for the Science Education Building.).
(20) P.L.273-1999, SECTION 39 (concerning the issuance of bonds for, or authority to construct, the following:
(A) Purdue University, for the Purdue Memorial Union project.
(B) Purdue University, Fort Wayne campus, for the parking garage number one.
(C) Purdue University, Fort Wayne campus, for the parking garage number two.
(D) University of Southern Indiana, for the wellness/fitness recreational facility.
(E) Purdue University, for the Recreation Gymnasium project.).
(21) P.L.291-2001, SECTION 46 (concerning the issuance of bonds for the following:
(A) Indiana University, Bloomington campus, for the Multidisciplinary Science Building Phase I.
(B) Indiana University, Bloomington campus, for the Classroom Building associated with Graduate School of Business.
(C) Indiana University Purdue University Indianapolis, for the Classroom Academic Building and Related Infrastructure.
(D) Indiana University Purdue University Indianapolis, for the Campus Center.
(E) Indiana University, Southeast campus, for the Library/Student Center.
(F) Purdue University, West Lafayette campus, for the Engineering Building A&E/Chiller Plant.
(G) Purdue University, West Lafayette campus, for the Computer Science Building Phase I.
(H) Purdue University, West Lafayette campus, for the Mechanical Engineering Addition A&E.
(I) Indiana State University, for the Stalker Hall renovation.
(J) University of Southern Indiana, for the Science/Education Classroom Building completion.
(K) Ball State University, for the Music Instructional Building.
(L) Vincennes University, for the Technology Building Phase II.
(M) Vincennes University, for the Performing Arts Center gift match.
(N) Ivy Tech State College, Lafayette campus, for the Ross Road Building Phase III.
(O) Ivy Tech State College, Richmond campus, for the Classroom Building Phase I.
(P) Ivy Tech State College, Evansville campus, for the Main Building Addition and Renovation Phase I.
(Q) Ivy Tech State College, Terre Haute campus, for the Library and Business Building.
(R) Ivy Tech State College, Valparaiso campus, for the Instructional Center.).
(22) P.L.291-2001, SECTION 50 (concerning the issuance of bonds by Purdue University for the Recreational Gymnasium project).
(23) P.L.291-2001, SECTION 51 (authorizing Indiana University to construct a women's field hockey facility).
(24) P.L.138-2002, SECTION 1 (concerning the issuance of bonds by Purdue University for the Nanotechnologies/Life Sciences Research Facility).
(25) P.L.173-2002, SECTION 4 (concerning the issuance of bonds by Vincennes University for a Technology Building, a Performing Arts Center, and a Recreation Building).
(26) P.L.224-2003, SECTION 99 (concerning the issuance of bonds by Indiana University for the Indiana University - Purdue University at Fort Wayne Medical Building).
(27) P.L.224-2003, SECTION 100 (concerning the issuance of bonds by Purdue University for the Indiana University - Purdue University at Fort Wayne Music Building).
(28) P.L.224-2003, SECTION 101 (concerning the issuance of bonds by Indiana University and Purdue University for the following:
(A) Indiana University, Bloomington campus, for the Multidisciplinary Science Building Phase II.
(B) Indiana University Purdue University Indianapolis, for the Research Institute Building III.
(C) Indiana University Purdue University Indianapolis, for the Information Sciences Building.
(D) Purdue University, West Lafayette campus, for the Millennium Engineering Building.
(E) Purdue University, West Lafayette campus, for the Biomedical Engineering Building.
(F) Indiana University-Purdue University Indianapolis Campus Center.).
(29) P.L.224-2003, SECTION 102 (concerning the issuance of bonds by the University of Southern Indiana for renovation of the University Center).
(30) P.L.224-2003, SECTION 103 (concerning the issuance of bonds for the University of Southern Indiana Library).
(31) P.L.224-2003, SECTION 104 (concerning the issuance of bonds by the University of Southern Indiana for the parking garage project).
(32) P.L.224-2003, SECTION 105 (concerning the issuance of bonds for Indiana University, South Bend campus, land acquisition).
(33) P.L.224-2003, SECTION 106 (concerning the issuance of bonds for Vincennes University, Jasper campus, Jasper Center New Academic Building).
(34) P.L.224-2003, SECTION 107 (concerning the issuance of bonds by Ivy Tech State College for the following:
(A) Richmond Building Addition, Phase II.
(B) Indianapolis/Lawrence Roosevelt Building Acquisition.
(C) Valparaiso New Campus, Phase I.
(D) Madison A&E.
(E) Portage A&E.
(F) Marion A&E.
(G) Evansville Phase II Project.).
(35) P.L.224-2003, SECTION 108 (concerning the issuance of bonds by Ball State University for the Communication Media Building).
(36) P.L.224-2003, SECTION 109 (concerning the issuance of bonds by Purdue University, Calumet campus, for the Parking Garage No. 1 project).
(37) P.L.224-2003, SECTION 110 (concerning the issuance of bonds by Indiana State University, for the University Hall Renovation and Business School A&E).
(38) P.L.121-2005, SECTION 2 (concerning the issuance of bonds by Indiana University for the hotel facility adjacent to the Indiana University Conference Center on the Indianapolis campus).
(39) P.L.214-2005, SECTION 95 (concerning appropriations for Ivy Tech State College for the Logansport campus).
(40) P.L.246-2005, SECTION 244 (concerning the issuance of bonds for the following:
(A) Ivy Tech, Valparaiso New Campus, Phase II.
(B) Ivy Tech, Madison Main Campus Expansion.
(C) Ivy Tech, Marion New Campus.
(D) University of Southern Indiana, Education/Science Building Completion SOB/GCB A&E and Physical Plant Expansion.
(E) Indiana State University, University Hall Renovation for College of Education.
(F) University of Southern Indiana, Recreation and Fitness Center Expansion Phase II.
(G) Purdue University, North Central Campus Parking Garage No. 1.
(H) Indiana University, Bloomington campus, Central Heating Plant Renovation Phase I.
(I) Purdue University, West Lafayette campus, Infrastructure and Utilities Improvement.
(J) Ball State University, Boiler Plant Replacement and Chilled Water Plant Improvements.
(41) P.L.159-2006, SECTION 3 (making appropriations from the state general fund to the budget agency for general repair and rehabilitation or for repair and rehabilitation of dormitories or other student housing of state educational institutions and for the Indiana higher education telecommunications system).
(42) P.L.192-2006, SECTION 12 (concerning the issuance of bonds by Indiana State University for the Student Recreation Center Project).
(43) P.L.192-2006, SECTION 13 (concerning the issuance of bonds by Ball State University for the renovation and expansion of a recreation center).
(44) P.L.192-2006, SECTION 14 (concerning the issuance of bonds by the University of Southern Indiana for a university center expansion).
(45) P.L.234-2007, SECTION 175 (concerning the issuance of bonds by Vincennes University for a center for advanced manufacturing and applied technology on the Jasper campus).
(46) P.L.234-2007, SECTION 176 (concerning the appropriation of money from the state general fund for construction of a center for advanced manufacturing in Gibson County).
(47) P.L.234-2007, SECTION 177 (concerning authority given to Vincennes University to construct a multicultural center).
(48) P.L.234-2007, SECTION 178 (concerning the appropriation of money from the state general fund to Indiana University School of Medicine for the construction of the Cancer Research Institute).
(49) P.L.234-2007, SECTION 179, as amended by P.L.131-2008, SECTION 71.
(50) P.L.234-2007, SECTION 180 (concerning issuance of bonds by Purdue University for Purdue University West Lafayette, Animal Disease Diagnostic Laboratory (BSL-3)).
(51) P.L.234-2007, SECTION 181 (concerning issuance of
bonds by Indiana University for the new Athletic Facilities
(including all related and subordinate components of the new
Athletic facilities)).
(52) P.L.234-2007, SECTION 182 (making appropriations
from the state general fund to the budget agency for general
repair and rehabilitation or for repair and rehabilitation of
dormitories or other student housing of state educational
institutions and for the Indiana higher education
telecommunications system).
(53) P.L.234-2007, SECTION 183 (making appropriations
from the state general fund to Ivy Tech Community College
for making lease payments for the Portage campus).
(54) P.L.234-2007, SECTION 186 (concerning the issuance of
bonds by Purdue University for Purdue University North
Central Campus Parking Garage No. 1).
(55) P.L.131-2008, SECTION 64 (concerning issuance of
bonds by Indiana University, Purdue University at Fort
Wayne Student Services and Library Complex).
(56) P.L.131-2008, SECTION 71, amending P.L.234-2007,
SECTION 179 (concerning the issuance of bonds for the
following:
(A) Indiana University South Bend, Arts Building
Renovation.
(B) Indiana University Bloomington, Cyber Infrastructure
Building.
(C) Indiana University, Purdue University at Indianapolis,
Neurosciences Research Building.
(D) Indiana University Southeast Medical Education
Center.
(E) Indiana State University, Life Sciences/Chemistry
Laboratory Renovations and Satellite Chiller Capacity.
(F) Ball State University, Central Campus Academic
Project, Phase I & Utilities.
(G) Ivy Tech, Fort Wayne Technology Center and
Demolition Costs.
(H) Ivy Tech, Indianapolis Community College for the Fall
Creek Expansion Project.
(I) Ivy Tech, Lamkin Center for Instructional
Development and Leadership.
(J) Ivy Tech, Logansport.
(K) Ivy Tech, Sellersburg.
(L) Ivy Tech, Warsaw.
(M) Ivy Tech, Muncie\Anderson.
(N) Ivy Tech, Elkhart Phase I.
(O) Ivy Tech, Greencastle.
(P) Purdue University Calumet, Gyt Building.
(Q) Purdue University North Central, Student Services & Recreation Center.
(R) University of Southern Indiana College of Business, General Classroom Building.
(S) Vincennes University, Health and Science Lab Rehabilitation.
(T) Indiana University, Purdue University at Fort Wayne Student Services and Library Complex.
(U) Purdue University West Lafayette, Mechanical Engineering Addition.
(V) Purdue University West Lafayette, Boiler No. 6.
(57) P.L.182-2009(ss), SECTION 40, as amended by P.L.182-2009(ss), SECTION 518 (concerning the issuance of bonds for the following:
(A) Purdue University:
(i) Life Sciences Laboratory Renovations.
(ii) Medical School Renovations.
(B) Vincennes University:
(i) Davis Hall.
(ii) P.E. Building.
(C) Indiana State University Federal Building.
(D) Indiana University Northwest campus Tamarack Hall.
(E) Ivy Tech Community College Gary campus.
(F) University of Southern Indiana Teacher Theatre Replacement Project.
(G) Indiana University Life Sciences Laboratory Renovations.
(H) Indiana University Southeast Education and Technology Building.
(I) Indiana University Purdue University at Indianapolis Life Sciences Laboratory Renovations.
(J) Ivy Tech Community College:
(i) Anderson campus.
(ii) Bloomington campus.
(iii) Warsaw campus.
(iv) Ball State University Central Campus Rehabilitation.
(v) Indiana University Purdue University Fort Wayne
Northeast Indiana Innovation Center.).
(58) P.L.182-2009(ss), SECTION 41 (concerning issuance of
bonds for the following:
(A) Indiana University Purdue University at Indianapolis
Neurosciences Building.
(B) Indiana University Bloomington Cyber Infrastructure.
(C) Purdue University North Central Campus Student
Services Complex.
(59) P.L.182-2009(ss), SECTION 42 (concerning issuance of
bonds for the following:
(A) Purdue University Lafayette campus Student Fitness
and Wellness Center.
(B) Indiana University Purdue University at Fort Wayne
Parking Garage.
(60) P.L.182-2009(ss), SECTION 43 (concerning issuance of
bonds for Purdue University West Lafayette Drug Discovery
Facility).
(61) P.L.182-2009(ss), SECTION 44 (concerning issuance of
bonds for the following:
(A) Indiana State University, Life Sciences/Chemistry
Laboratory Renovations & Chiller.
(B) Ball State University, Central Campus Academic
Project, Phase I & Utilities.
(C) Ivy Tech, Elkhart Phase I.).
(62) P.L.182-2009(ss), SECTION 45 (concerning issuance of
bonds for Purdue University North Central Campus Parking
Garage No. 1).
Sec. 16. Section 2 of this chapter does not repeal the following
statutes concerning miscellaneous appropriations and fiscal
matters:
(1) P.L.282-1985, SECTION 5 (concerning an appropriation
to the state board of health from the state general fund).
(2) P.L.372-1985, SECTION 14 (requiring certain persons
receiving appropriations to be subject to audit by the state
board of accounts).
(3) P.L.372-1985, SECTION 22 (relating to approval granted
to state agencies for the expenditure of certain federal funds).
(4) P.L.372-1985, SECTIONS 32 through 36 (concerning
certain highway and transportation matters).
(5) P.L.107-1986, SECTION 4 (concerning a general fund
appropriation to the distressed township supplemental poor
relief fund).
(6) P.L.236-1986, SECTION 1 (concerning distribution of money by the department of mental health to Developmental Services, Inc.).
(7) P.L.237-1986, SECTION 8 (concerning a general fund appropriation for the work of the general corporation law study commission).
(8) P.L.248-1986, SECTION 1 (concerning a general fund appropriation for restoring the Soldiers' and Sailors' Monument and Monument Circle).
(9) P.L.154-1987, SECTION 5 (concerning a general fund appropriation to the budget agency to carry out that act).
(10) P.L.370-1987, SECTION 1 (concerning reversion of an appropriation made by Acts 1975, P.L.146, SECTION 3(a), for the residual malpractice insurance authority).
(11) P.L.396-1987, SECTION 34 (making deficiency appropriations).
(12) P.L.109-1988, SECTION 22 (concerning a general fund appropriation to the oil and gas environmental fund).
(13) The following statutes relating to general fund appropriations to the St. Joseph River basin commission: P.L.191-1988, SECTION 2; P.L.307-1989, SECTION 2.
(14) P.L.334-1989, SECTION 49 (concerning a general fund appropriation to the judicial conference of Indiana).
(15) P.L.341-1989, SECTION 18 (concerning a general fund appropriation to the state lottery commission).
(16) P.L.357-1989, SECTION 36 (concerning reversion of appropriations to the legislative council contingency fund).
(17) P.L.13-1990, SECTION 26 (concerning transfer of money from the underground petroleum storage tank excess liability fund).
(18) P.L.51-1990, SECTION 54 (concerning general fund appropriations for performance based awards program under IC 20-1-1.3 (before its repeal)).
(19) P.L.185-1990, SECTION 6 (concerning appropriations made to the Chicago third airport site selection).
(20) P.L.240-1991, SECTION 112 (concerning transfer of money between state funds).
(21) The following statutes concerning Build Indiana Fund appropriations: P.L.278-1993, SECTION 2; P.L.340-1995, SECTION 37; P.L.273-1999, SECTION 33; P.L.291-2001, SECTION 38; P.L.291-2001, SECTION 40.
(22) P.L.278-1993, SECTIONS 32 and 33 (concerning
interpretation of P.L.277-1993 and P.L.278-1993).
(23) P.L.18-1995, SECTION 145 (concerning increasing
appropriations to the Indiana judicial center).
(24) P.L.18-1995, SECTION 147 (concerning general fund
appropriations to the public defense fund).
(25) P.L.70-1995, SECTION 12 (concerning appropriations
from the fire and building services fund to the firefighting
equipment revolving loan fund).
(26) P.L.104-1995, SECTIONS 5 through 14 (concerning
several appropriations to the state police department or the
state police pension fund for carrying out the purposes of
IC 10-1-1-4.5 (subsequently repealed)).
(27) P.L.340-1995, SECTION 34 (concerning the liability of
the Indiana port commission to repay the state for certain
appropriations made in 1965).
(28) P.L.13-1996, SECTION 4 (concerning appropriations for
construction of certain correctional facilities).
(29) P.L.202-1997, SECTION 8 (concerning general fund
appropriations for the Indiana conference for legal education
opportunity).
(30) P.L.260-1997, SECTION 30 (concerning appropriations
for the computer contingency fund).
(31) P.L.260-1997, SECTION 33 (concerning transfers from
the state general fund to the local road and street fund).
(32) P.L.260-1997, SECTION 37 (authorizing the state
armory board to transfer money to the Indiana war
memorials commission).
(33) P.L.260-1997, SECTION 98 (directing the auditor of state
to make certain distributions).
(34) P.L.260-1997, SECTION 100 (canceling a certain
appropriation made by P.L.340-1995).
(35) P.L.260-1997, SECTION 103 (concerning an
appropriation from the lottery and gaming surplus account of
the build Indiana fund to the electronic and enhanced access
fund).
(36) P.L.273-1999, SECTION 34 (canceling certain
appropriations).
(37) P.L.273-1999, SECTION 35 (directing the auditor of state
to make certain distributions).
(38) P.L.21-2000, SECTION 12 as amended by P.L.291-2001,
SECTION 79 (concerning transfer of money between the
tobacco settlement fund and the Indiana tobacco master
settlement agreement fund and related appropriations).
(39) P.L.26-2001, SECTION 2 (concerning the use of
appropriations from the Indiana economic development
partnership fund).
(40) P.L.291-2001, SECTION 36 (concerning additional
appropriations).
(41) P.L.291-2001, SECTION 39 (concerning the cancellation
of appropriations made under P.L.273-1999, SECTION 33
relating to the Mount Hermon Youth Organization and
making an appropriation to GEMS, Inc.).
(42) P.L.291-2001, SECTION 45 (concerning deposits to the
Build Indiana Fund).
(43) P.L.291-2001, SECTION 48 (concerning Medicaid
appropriations).
(44) P.L.291-2001, SECTION 79 (concerning transfer of
money between the tobacco settlement fund and the Indiana
tobacco master settlement agreement fund and related
appropriations).
(45) P.L.291-2001, SECTION 235 (concerning build Indiana
fund appropriations for the Jennings County Economic
Development Corporation).
(46) P.L.178-2002, SECTION 155 as amended by P.L.1-2003,
SECTION 110 (concerning appropriations to state
educational institutions).
(47) P.L.192-2002, SECTION 209 as amended by
P.L.224-2003, SECTION 176 (concerning appropriations for
the twenty-first century research and technology fund).
(48) P.L.1-2003, SECTION 110 (concerning appropriations to
state educational institutions).
(49) P.L.224-2003, SECTION 176 (concerning appropriations
from the build Indiana fund to the twenty-first century
research and technology fund).
(50) The following statutes (concerning appropriations to the
department of local government finance from the assessment
training fund): P.L.1-2004, SECTION 83; P.L.23-2004,
SECTION 86.
(51) P.L.51-2004, SECTION 12 (concerning appropriations to
the budget agency to implement IC 27-8-10-2.1(g)).
(52) P.L.58-2006, SECTION 11 (concerning appropriations
for statutory fee remission related to dependents of veterans
with disabilities).
(53) P.L.187-2006, SECTION 20 (concerning appropriations
to the department of homeland security to provide training).
(54) P.L.218-2007, SECTION 62 (annually transferring
money from the state general fund to the Indiana tobacco use
prevention and cessation trust fund and related
appropriations).
(55) P.L.227-2007, SECTION 73 (concerning return of excess
money by a county to the state from the property tax refunds
appropriation made by HEA 1001-2007).
(56) P.L.234-2007, SECTION 299 (concerning appropriations
from the build Indiana fund for public water supply systems
serving Ripley, Decatur, and Jennings counties).
(57) P.L.1-2008, SECTION 10 (concerning transfers of money
between the state general fund and the property tax reduction
trust fund).
(58) P.L.32-2008, SECTION 9 (transferring an appropriation
from the department of labor, bureau of safety education and
training to INSafe).
(59) P.L.107-2008, SECTION 19 (transferring money from
bureau of motor vehicles to the Indiana criminal justice
institute for licensing of commercial driver training schools
and instructors).
(60) P.L.146-2008, SECTION 851 (appropriating money from
the state general fund to the property tax replacement fund
board).
(61) P.L.146-2008, SECTION 859 (appropriating money from
the state general fund to the state forestry fund).
(62) P.L.146-2008, SECTION 860 (appropriating money from
the state general fund to the state fair fund).
(63) P.L.182-2009, SECTIONS 36, 37, 47, and 48 (concerning
use of funds under the American Recovery and Reinvestment
Act of 2009).
(64) P.L.182-2009, SECTION 39 (requiring certain reversions
of appropriations).
(65) P.L.182-2009, SECTION 46 (concerning appropriations
for a trauma care center in Gary).
Sec. 17. Section 2 of this chapter does not repeal the following
statutes concerning taxation:
(1) P.L.74-1987, SECTION 29 (concerning application of
certain property tax statutes).
(2) P.L.91-1989, SECTION 3 (concerning actions for refund
of a tax).
(3) P.L.100-1989, SECTION 3 (concerning adjudications
before the Indiana tax court).
(4) P.L.50-1990, SECTION 16, as amended by P.L.61-1991,
SECTION 6 (concerning property tax sales).
(5) P.L.59-1990, SECTION 5 (concerning the jurisdiction of
the Indiana tax court).
(6) P.L.41-1993, SECTION 55 (concerning application of
property tax amendments).
(7) P.L.6-1997, SECTION 246 (concerning proceedings
pending before the state board of tax commissioners).
(8) P.L.38-1998, SECTION 8 (concerning excess payments
transferred to a surplus tax fund).
(9) P.L.129-2001, SECTION 35 (concerning tax collection
proceedings).
(10) P.L.198-2001, SECTION 112, as amended by P.L.1-2002,
SECTION 166 (concerning application of property tax
amendments).
(11) P.L.198-2001, SECTION 117, as amended by
P.L.178-2002, SECTION 143 (concerning petitions for review,
petitions for judicial review, and refund of property taxes).
(12) P.L.1-2004, SECTION 69 (legalizing certain actions taken
by the department of local government finance).
(13) P.L.1-2004, SECTION 71 (concerning tax refunds that
result from assessment reductions).
(14) P.L.1-2004, SECTION 84 (concerning controlled
projects).
(15) P.L.23-2004, SECTION 72 (legalizing certain actions
taken by the department of local government finance).
(16) P.L.23-2004, SECTION 74 (concerning refunds that
result from assessment reductions).
(17) P.L.23-2004, SECTION 81 (concerning reviews of an
assessment of real property for the 2003 assessment date).
(18) P.L.23-2004, SECTION 87 (concerning controlled
projects).
(19) P.L.154-2006, SECTION 97 (concerning application of
property tax amendments).
(20) P.L.219-2007, SECTION 156 (concerning administrative
and judicial review of matters relating to property taxes).
Chapter 5.5. Effect of Certain Acts
Sec. 1. A SECTION of P.L.30-1987 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before the effective date of that SECTION. Those rights, liabilities, penalties, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.30-1987 had not been enacted.
Sec. 2. A SECTION of P.L.39-1987 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before the effective date of that SECTION. Those rights, liabilities, penalties, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.39-1987 had not been amended.
Sec. 3. A SECTION of P.L.217-1987 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before July 1, 1987. Those rights liabilities, penalties, and proceedings continue and shall be imposed and enforced under prior law as if P.L.217-1987 had not been enacted.
Sec. 4. A SECTION of P.L.28-1988 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before the effective date of that SECTION. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.28-1988 had not been enacted.
Sec. 5. P.L.1-1989 is intended to be a codification and restatement of applicable or corresponding provisions of certain laws repealed by P.L.1-1989. If P.L.1-1989 repeals and replaces a law in the same form or in a restated form, the substantive operation and effect of that law continue uninterrupted.
Sec. 6. A SECTION of P.L.8-1989 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1989. Those rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced under
prior law as if P.L.8-1989 had not been enacted.
Sec. 7. (a) P.L.1-1990 is intended to resolve technical conflicts
among acts enacted by the general assembly and to correct other
technical errors. P.L.1-1990 is not intended to change the effective
date of any statute or otherwise result in any substantive change in
the law.
(b) A SECTION of P.L.1-1990 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.1-1990. Those
rights, liabilities, penalties, offenses, and proceedings continue and
shall be imposed and enforced under prior law as if that SECTION
of P.L.1-1990 had not been enacted.
(c) Any reference in any statute or rule to a statute that is
repealed and replaced in the same or a different form in P.L.1-1990
shall be treated after the effective date of the new provisions as a
reference to the new provision.
Sec. 8. (a) P.L.3-1990 is intended to correct repealed or
incorrect citations in the Indiana Code. P.L.3-1990 is not intended
to change the effective date of any statute or otherwise result in
any substantive change in the law.
(b) A SECTION of P.L.3-1990 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before March 13, 1990. Those rights, liabilities, penalties, offenses,
and proceedings continue and shall be imposed and enforced under
prior law as if P.L.3-1990 had not been enacted.
Sec. 9. (a) P.L.1-1991 is intended to resolve technical conflicts
among acts enacted by the general assembly and to correct other
technical errors. P.L.1-1991 is not intended to change the effective
date of any statute or otherwise result in any substantive change in
the law.
(b) A SECTION of P.L.1-1991 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.1-1991. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.1-1991 had not been enacted.
(c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.1-1991 shall be treated after the effective date of the new provision as a reference to the new provision.
Sec. 10. (a) P.L.1-1992 is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. P.L.1-1992 is not intended to change the effective date of any statute or otherwise result in any substantive change in the law.
(b) A SECTION of P.L.1-1992 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.1-1992. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.1-1992 had not been enacted.
(c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.1-1992 shall be treated after the effective date of the new provision as a reference to the new provision.
Sec. 11. (a) P.L.1-1993 is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. P.L.1-1993 is not intended to change the effective date of any statute or otherwise result in any substantive change in the law.
(b) A SECTION of P.L.1-1993 does not affect any:
(1) rights or liabilities accrued, including the right to carry forward tax credits accrued under an expired statute that is repealed by P.L.1-1993 and the duties under an agreement authorized under an expired statute that is repealed by P.L.1-1993;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of the SECTION of P.L.1-1993. Those rights, liabilities, penalties, offenses, and proceedings continue and
shall be imposed and enforced under prior law as if that SECTION
of P.L.1-1993 had not been enacted.
(c) Any reference in any statute or rule to a statute that is
repealed and replaced in the same or a different form in P.L.1-1993
shall be treated after the effective date of the new provision as a
reference to the new provision.
Sec. 12. A SECTION of P.L.47-1993 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1993. Those rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced under
prior law as if P.L.47-1993 had not been enacted.
Sec. 13. (a) P.L.1-1994 is intended to resolve technical conflicts
among acts enacted by the general assembly and to correct other
technical errors. P.L.1-1994 is not intended to change the effective
date of any statute or otherwise result in any substantive change in
the law.
(b) A SECTION of P.L.1-1994 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.1-1994. Those
rights, liabilities, penalties, offenses, and proceedings continue and
shall be imposed and enforced under prior law as if that SECTION
of P.L.1-1994 had not been enacted.
(c) Any reference in any statute or rule to a statute that is
repealed and replaced in the same or a different form in P.L.1-1994
shall be treated after the effective date of the new provision as a
reference to the new provision.
Sec. 14. (a) P.L.2-1995 is intended to resolve technical conflicts
among acts enacted by the general assembly and to correct other
technical errors. P.L.2-1995 is not intended to change the effective
date of any statute or otherwise result in any substantive change in
the law.
(b) A SECTION of P.L.2-1995 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.2-1995. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.2-1995 had not been enacted.
(c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1995 shall be treated after the effective date of the new provision as a reference to the new provision.
Sec. 15. (a) P.L.2-1996 is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. P.L.2-1996 is not intended to change the intended effective date of any statute or otherwise result in any substantive change in the law.
(b) A SECTION of P.L.2-1996 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.2-1996. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.2-1996 had not been enacted.
(c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1996 shall be treated after the effective date of the new provision as a reference to the new provision.
Sec. 16. (a) P.L.2-1997 is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. P.L.2-1997 is not intended to change the intended effective date of any statute or otherwise result in any substantive change in the law.
(b) A SECTION of P.L.2-1997 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of the SECTION of P.L.2-1997. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if that SECTION of P.L.2-1997 had not been enacted.
(c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1997
shall be treated after the effective date of the new provision as a
reference to the new provision.
Sec. 17. (a) P.L.2-1998 is intended to resolve technical conflicts
among acts enacted by the general assembly and to correct other
technical errors. P.L.2-1998 is not intended to change the intended
effective date of any statute or otherwise result in any substantive
change in the law.
(b) A SECTION of P.L.2-1998 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.2-1998. Those
rights, liabilities, penalties, offenses, and proceedings continue and
shall be imposed and enforced under prior law as if that SECTION
of P.L.2-1998 had not been enacted.
(c) Any reference in any statute or rule to a statute that is
repealed and replaced in the same or a different form by
P.L.2-1998 shall be treated after the effective date of the new
provision as a reference to the new provision.
Sec. 18. A SECTION of P.L.177-2003 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.177-2003. Those
rights, liabilities, penalties, crimes, and proceedings continue and
shall be imposed and enforced under prior law as if that SECTION
of P.L.177-2003 had not been enacted.
Sec. 19. A SECTION of P.L.258-2003 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before the effective date of that SECTION of P.L.258-2003. Those
rights, liabilities, penalties, crimes, and proceedings continue and
shall be imposed under prior law as if that SECTION of
P.L.258-2003 had not been enacted.
Sec. 20. To the extent possible, if there is a conflict between
P.L.276-2003 and the provisions of any other act, it is the intent of
the general assembly that:
(1) charter schools be funded under the same formula as other
school corporations to the extent of the conflict;
(2) the two (2) acts be read together consistently and
harmoniously; and
(3) the policies in both acts be implemented into law.
Chapter 1.2. Definitions and General Provisions Relating to the Operation of a Committee
Sec. 1. (a) Except as provided in subsection (b) or otherwise in this article, this chapter applies to all committees established under this article.
(b) This chapter does not apply to the following:
(1) The legislative council and code revision commission (IC 2-5-1.1).
(2) The public officers compensation advisory commission (IC 2-5-1.5).
(3) The commission on interstate cooperation (IC 2-5-2).
(4) The commission on state tax and financing policy (IC 2-5-3).
(5) The natural resources study committee (IC 2-5-5).
(6) The pension management oversight commission (IC 2-5-12).
(7) The probate code study commission (IC 2-5-16).
(8) The administrative rules oversight committee (IC 2-5-18).
(9) The census data advisory committee (IC 2-5-19).
(10) The commission on military and veterans affairs (IC 2-5-20).
(11) A committee covered by IC 2-5-21.
(12) The health finance commission (IC 2-5-23).
(13) The water resources study committee (IC 2-5-25).
(14) The select joint commission on Medicaid oversight (IC 2-5-26).
(15) The commission on developmental disabilities (IC 2-5-27.2).
(16) The joint study committee on mass transit and transportation alternatives (IC 2-5-28).
(17) The youth advisory council (IC 2-5-29).
(18) The unemployment insurance oversight committee (IC 2-5-30).
(19) The criminal law and sentencing policy study committee (IC 2-5-31).
Sec. 2. The definitions in this chapter apply throughout this article except in a statute listed in section 1 of this chapter.
Sec. 3. "Appointing authority" refers to the office that has the duty to appoint a committee member under this article.
Sec. 4. "Committee" refers to a commission, a committee, or another body (however designated) established under this article.
Sec. 5. "House" refers to the house of representatives of the general assembly.
Sec. 6. "President pro tempore" refers to the president pro tempore of the senate of the general assembly.
Sec. 7. "Senate" refers to the senate of the general assembly.
Sec. 8. "Speaker" refers to the speaker of the house of representatives of the general assembly.
Sec. 9. (a) If a vacancy occurs on a committee, the appointing authority that appointed the member whose position is vacant shall appoint an individual to fill the vacancy.
(b) An individual appointed to fill a vacancy must have the qualifications that a member appointed by the appointing authority must have.
(c) An individual appointed to fill a vacancy serves:
(1) for the remainder of the term of the member the individual is appointed to succeed, if committee members have a term set under this article; or
(2) at the pleasure of the appointing authority, if subdivision (1) does not apply.
Sec. 10. The legislative services agency shall provide staff support to a committee.
Sec. 11. Each member of a committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
Sec. 12. The affirmative votes of a majority of the voting members appointed to a committee are required for the committee to take action on any measure, including the final report.
Sec. 13. A committee shall operate under the policies and rules of the legislative council.
Sec. 14. All funds necessary for a committee to carry out its functions shall be paid from appropriations to the legislative council and the legislative services agency.
Sec. 15. A committee shall submit interim, final, and other reports to the legislative council as directed by the legislative council in an electronic format under IC 5-14-6.
Sec. 16. All reports of a committee are public records.
Chapter 31. Criminal Law and Sentencing Policy Study Committee
Sec. 1. The criminal law and sentencing policy study committee is established.
Sec. 2. The committee consists of fourteen (14) members appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of whom may be affiliated with the same political party, appointed by the president pro tempore.
(2) Four (4) members of the house, not more than two (2) of whom may be affiliated with the same political party, appointed by the speaker.
(3) The executive director of the prosecuting attorneys council of Indiana or the executive director's designee.
(4) The executive director of the public defender council of Indiana or the executive director's designee.
(5) One (1) person who:
(A) has experience in administering probation programs; and
(B) is a member of the Probation Officers' Professional Association of Indiana;
appointed by the members of the association.
(6) One (1) circuit or superior court judge who exercises criminal or juvenile jurisdiction, appointed by the chief justice of the supreme court.
(7) The commissioner of the department of correction.
(8) The chairman of the parole board.
Sec. 3. The chairman of the legislative council shall appoint a legislative member of the committee to serve as chair of the committee. Whenever there is a new chairman of the legislative council, the new chairman may remove the chair of the committee and appoint another chair.
Sec. 4. If a legislative member of the committee ceases to be a member of the chamber from which the member was appointed, the member also ceases to be a member of the committee.
Sec. 5. A legislative member of the committee may be removed at any time by the appointing authority who appointed the legislative member.
Sec. 6. If a vacancy exists on the committee, the appointing authority who appointed the former member whose position is vacant shall appoint an individual to fill the vacancy.
Sec. 7. The committee shall submit a final report of the results of its study to the legislative council before November 1 of even-numbered years. The report must be in an electronic format under IC 5-14-6.
Sec. 8. The Indiana criminal justice institute shall provide staff support to the committee to prepare:
(1) minutes of each meeting; and
(2) the final report.
Sec. 9. The legislative services agency shall provide staff support to the committee to:
(1) advise the committee on legal matters, criminal procedures, and legal research; and
(2) draft potential legislation.
Sec. 10. Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
Sec. 11. The affirmative votes of a majority of the voting members appointed to the committee are required for the committee to take action on any measure, including the final report.
Sec. 12. Except as otherwise specifically provided by this chapter, the committee shall operate under the rules of the legislative council. All funds necessary to carry out this chapter shall be paid from appropriations to the legislative council and the legislative services agency.
Sec. 13. (a) The committee is established to evaluate criminal laws, sentencing laws, and policies as they relate to:
(1) the purposes of the criminal justice and corrections systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction facilities.
If, based on the committee's evaluation under this subsection, the committee determines that changes are necessary or appropriate, the committee shall make recommendations to the general assembly for the modification of sentencing laws and policies and for the addition, deletion, or expansion of sentencing options.
(b) The committee shall do the following:
(1) Conduct a continuing study of the laws relating to:
(A) the investigation of crimes;
(B) the prosecution of crimes;
(C) criminal procedures;
(D) alternative sentencing programs;
(E) the department of correction;
(F) parole;
(G) probation;
(H) community corrections;
(I) home detention programs;
(J) criminal registries;
(K) victim rights;
(L) the classification of criminal offenses into felony and misdemeanor categories;
(M) sex offenders; and
(N) juvenile offenders.
(2) Study federal requirements or incentives for states to pass certain laws or establish specific programs.
(3) Determine the long range needs of the criminal justice and corrections systems and recommend policy priorities for those systems.
(4) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
(5) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
(6) Propose plans, programs, and legislation for improving the effectiveness of the criminal justice and corrections systems.
(c) The committee may study other topics assigned by the legislative council or as directed by the committee chair. The committee may meet as often as necessary.
ethics commission (now the Indiana lobby registration commission)
established by IC 2-7-1.6, as added by P.L.3-1992.
(b) P.L.5-1986 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.5-1986 had not been enacted.
(1) The Indiana development finance authority.
(2) The state office building commission.
(3) The Indiana transportation finance authority.
(4) The recreational development commission.
(b) On May 15, 2005, all powers, duties, and liabilities of each entity are transferred to the authority, as the successor agency.
(c) On May 15, 2005, all records and property of each entity, including appropriations and other funds under the control or supervision of the entity, are transferred to the authority, as the successor agency.
(d) After May 14, 2005, any amounts owed to an entity before May 15, 2005, are considered to be owed to the authority, as the successor agency.
(e) After May 14, 2005, a reference to an entity in a statute, rule, or other document is considered a reference to the authority, as the successor agency.
(f) All powers, duties, and liabilities of an entity with respect to bonds issued by that entity in connection with any trust agreement or indenture securing those bonds are transferred to the authority, as the successor agency. The rights of the trustee under any trust agreement or indenture and the rights of the bondholders of an entity remain unchanged, although the powers, duties, and liabilities of the entity have been transferred to the authority, as the successor agency.
(1) the wastewater revolving loan program established by IC 13-18-13-1;
(2) the drinking water revolving loan program established by
IC 13-18-21-1; and
(3) the supplemental drinking water and wastewater
assistance program established by IC 13-18-21-21;
are transferred to the authority, as the successor agency, for the
limited purposes described in subdivisions (1) through (3).
(b) On May 15, 2005, all records, money, and other property of
the treasurer of state, the auditor of state, the department of
environmental management, and the budget agency with respect
to:
(1) the wastewater revolving loan program established by
IC 13-18-13-1;
(2) the drinking water revolving loan program established by
IC 13-18-21-1; and
(3) the supplemental drinking water and wastewater
assistance program established by IC 13-18-21-21;
are transferred to the authority as the successor agency for the
limited purposes described in subdivisions (1) through (3).
(c) On May 15, 2005, all powers, duties, agreements, and
liabilities of the Indiana bond bank, the Indiana department of
environmental management, and the budget agency with respect
to:
(1) outstanding bonds issued for:
(A) the wastewater revolving loan program established by
IC 13-18-13-1; or
(B) the drinking water revolving loan program established
by IC 13-18-21-1; and
(2) any trust agreement or indenture, security agreement,
purchase agreement, or other undertaking entered into in
connection with the bonds described in subdivision (1);
are transferred to the authority, as the successor agency, for the
limited purposes described in subdivisions (1) and (2). The rights
of the trustee and the bondholders with respect to any bonds or any
trust agreement or indenture, security agreement, purchase
agreement, or other undertaking described in this subsection
remain the same, although the powers, duties, agreements, and
liabilities of the Indiana bond bank have been transferred to the
authority and the authority shall be considered to have assumed all
those powers, duties, agreements, and liabilities as if the authority
were the Indiana bond bank for those limited purposes.
Indiana health and educational facility financing authority
established by IC 5-1-16-2 (before its repeal).
(b) On July 1, 2007, all powers, duties, and liabilities of the
IHEFFA are transferred to the authority, as the successor entity.
The terms of office of the members of the IHEFFA serving on June
30, 2007, terminate on July 1, 2007.
(c) On July 1, 2007, all records and property of the IHEFFA,
including appropriations and other funds under its control or
supervision, are transferred to the authority, as the successor
entity.
(d) After July 1, 2007, any amounts owed to the IHEFFA before
July 1, 2007, are considered to be owed to the authority, as the
successor entity.
(e) After June 30, 2007, a reference to the IHEFFA in a statute,
rule, or other document is considered a reference to the authority,
as the successor entity.
(f) All powers, duties, and liabilities of the IHEFFA with respect
to bonds issued by the IHEFFA in connection with any trust
agreement or indenture securing those bonds are transferred to the
authority, as the successor entity. The rights of the trustee under
any trust agreement or indenture and the rights of the bondholders
of the IHEFFA remain unchanged, although the powers, duties,
and liabilities of the IHEFFA have been transferred to the
authority, as the successor entity.
(1) the Indiana economic development corporation by P.L.224-2003, SECTION 264; and
(2) the authority by P.L.235-2005, SECTION 213.
(b) As used in this section, "Indiana employment development
commission" refers to the Indiana employment development
commission transferred to the Indiana development finance
authority by P.L.11-1990, SECTION 139.
(c) The restrictions on eligibility of any mortgage or security
agreement under IC 4-4-11-16 (before its repeal) do not invalidate
any guarantee of the Indiana employment development
commission made before January 1, 1985.
(b) The rights of the trustee under any trust agreement or indenture and the rights of the bondholders of the Indiana employment development commission and the Indiana agricultural development corporation remain unchanged, although the powers, duties, and liabilities of the commission and the corporation have been transferred to the Indiana development finance authority.
(c) All bonds issued by the Indiana employment development commission and the Indiana agricultural development corporation are legalized and declared valid if these bonds have been delivered and payment for those bonds has been received before July 1, 1990. All proceedings had and actions taken under which the bonds were issued are hereby fully legalized and declared valid.
(b) As used in this section, "IFA" means the Indiana finance authority established by IC 4-4-11-4.
(c) On July 1, 2007, all powers, duties, and liabilities of the IHEFFA are transferred to the IFA, as the successor entity. The terms of office of the members of the IHEFFA serving on June 30, 2007, terminate on July 1, 2007.
(d) On July 1, 2007, all records and property of the IHEFFA, including appropriations and other funds under the control or supervision of the authority, are transferred to the IFA, as the
successor entity.
(e) After July 1, 2007, any amounts owed to the IHEFFA before
July 1, 2007, are considered to be owed to the IFA, as the successor
entity.
(f) After June 30, 2007, a reference to the IHEFFA in a statute,
rule, or other document is considered a reference to the IFA, as the
successor entity.
(g) All powers, duties, and liabilities of the IHEFFA with respect
to bonds issued by the IHEFFA in connection with any trust
agreement or indenture securing those bonds are transferred to the
IFA, as the successor entity. The rights of the trustee under any
trust agreement or indenture and the rights of the bondholders of
the IHEFFA remain unchanged, although the powers, duties, and
liabilities of the IHEFFA have been transferred to the IFA, as the
successor entity.
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1992. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under IC 16-5-2 (repealed) (as in effect before July 1, 1992) as if P.L.101-1992 had not been enacted.
of bonds issued by the Indiana finance authority under IC 8-21-12,
shall be deposited as follows:
(1) Fifty percent (50%) of the money shall be deposited in the
affordable housing and community development fund
established by IC 5-20-4-7. The proceeds of any such
payments are continuously appropriated for the purposes
specified in IC 5-20-4-8. Any such proceeds in the affordable
housing and community development fund that remain
unexpended at the end of any state fiscal year remain in the
fund until expended and do not revert to the state general
fund due to United States Internal Revenue Service
requirements related to outstanding Indiana finance authority
bonds.
(2) Fifty percent (50%) of the money shall be distributed
among the counties that either have at least one (1) unit that
has established an affordable housing fund under
IC 5-20-5-15.5 or a housing trust fund established under
IC 36-7-15.1-35.5(e) in proportion to the population of each
county. The money shall be allocated within the county as
follows:
(A) In a county that does not contain a consolidated city
and has at least one (1) unit that has established an
affordable housing fund under IC 5-20-5-15.5, the amount
to be distributed to each unit that has established an
affordable housing fund under IC 5-20-5-15.5 is the
amount available for distribution multiplied by a fraction.
The numerator of the fraction is the population of the unit.
The denominator of the fraction is the population of all
units in the county that have established an affordable
housing fund. For purposes of allocating an amount to the
affordable housing fund established by the county, the
population to be used for that unit is the population of the
county outside any city or town that has established an
affordable housing fund. The allocated amount shall be
deposited in the unit's affordable housing fund for the
purposes of the fund.
(B) In a county to which clause (A) does not apply, the
money shall be deposited in the housing trust fund
established under IC 36-7-15.1-35.5(e) for the purposes of
the fund.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.98-1989 apply to boating years
beginning after December 31, 1989.
Chapter 14. Columbus Learning Center Lease
Sec. 1. As used in this chapter, "Columbus Learning Center" refers to a multipurpose educational facility to be located in Columbus, Indiana, and leased by the board of aviation commissioners of the city of Columbus, Indiana, to Columbus Learning Center Management Corporation.
Sec. 2. As used in this chapter, "lease rental revenue bonds" refers to any lease rental revenue bonds issued by the city of Columbus, Indiana, under IC 8-22-2 or another law for acquisition, construction, initial installation, and initial equipping of the Columbus Learning Center.
Sec. 3. As used in this chapter, "participating entities" means the following:
(1) Indiana University.
(2) Purdue University.
(3) Ivy Tech Community College.
The term does not include a school corporation.
Sec. 4. As used in this chapter, "sublease" refers to an agreement between the budget agency and Columbus Learning Center Management Corporation to lease space in the Columbus Learning Center for use by the participating entities.
Sec. 5. Subject to section 6 of this chapter, the budget agency may enter into a sublease with the Columbus Learning Center Management Corporation, its authorized successor, or its authorized assigns for the use and occupancy of part or all of the Columbus Learning Center. The budget agency may enter into the sublease after review by the budget committee and approval by the commissioner of the Indiana department of administration.
Sec. 6. The budget agency may not enter into a sublease under section 5 of this chapter unless the following conditions are met:
(1) The total:
(A) acquisition;
(B) construction;
(C) initial installation; and
(D) initial equipping;
costs for the Columbus Learning Center that are to be
financed through lease rental revenue bonds is twenty-five
million dollars ($25,000,000) or less, excluding amounts
necessary to provide money for debt service reserves, credit
enhancement, or other costs incidental to the issuance of
bonds.
(2) The director of the budget agency has certified in writing
to the legislative council that there is an unmet higher
education need that the Columbus Learning Center will
correct.
Sec. 7. The general assembly determines that a long term
sublease is in the best interests of the state. Subject to section 6 of
this chapter, the budget agency may enter into a sublease for one
(1) or more terms that, in total, do not exceed the initial term
provided for the repayment of the lease rental revenue bonds.
Sec. 8. The sublease rental payments under a sublease entered
into under this chapter may include amounts payable for:
(1) the operation and management of the Columbus Learning
Center;
(2) maintenance, repair, or replacement reserves necessary or
appropriate to keep the Columbus Learning Center in good
operating order; and
(3) repayment of the principal of and interest on the lease
rental revenue bonds, subject to the limitations set forth in
section 6 of this chapter.
(1) One (1) additional medium security correctional facility for adult males, also known as phase I of the Miami Correctional Facility.
(2) One (1) additional correctional facility for male juveniles.
(3) One (1) special needs facility that is converted from an existing state institution.
(b) The general assembly finds that the state will have a
continuing need for use and occupancy of the correctional facilities
described in subsection (a).
(c) The general assembly authorizes the state office building
commission to provide under this chapter and IC 4-13.5-4 the
correctional facilities described in subsection (a), including the
borrowing of money or the issuance and sale of bonds, or both,
under IC 4-13.5-4, subject to the approval of the budget agency
after review by the budget committee.
(d) The general assembly finds that the state needs the
construction of a state museum facility and authorizes the state
office building commission to provide the museum under this
chapter and IC 4-13.5-4, including the borrowing of money or the
issuance and sale of bonds, or both, under IC 4-13.5-4, subject to
the approval of the budget agency after review by the budget
committee.
(e) This section codifies P.L.260-1997, SECTION 36.
(f) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.260-1997, SECTION 36.
(b) The general assembly finds that the state will have a continuing need for use and occupancy of the correctional facility described in subsection (a). The general assembly authorizes the state office building commission to provide the correctional facility described in subsection (a) under this chapter and IC 4-13.5-4.
(c) The general assembly finds that the state needs the construction, equipping, renovation, refurbishing, or alteration of one (1) additional mental health facility.
(d) The general assembly finds that the state will have a continuing need for use and occupancy of the mental health facility described in subsection (c). The general assembly authorizes the state office building commission to provide the mental health facility described in subsection (c) under this chapter and IC 4-13.5-4.
(e) This section codifies P.L.273-1999, SECTION 38.
(f) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.273-1999, SECTION 38.
(b) The general assembly finds that the state will have a continuing need for use and occupancy of the health centers described in subsection (a). The general assembly authorizes the state office building commission to provide the health centers described in subsection (a) under this chapter and IC 4-13.5-4.
(c) This section codifies P.L.291-2001, SECTION 43.
(d) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.291-2001, SECTION 43.
(b) The general assembly finds that the state will have a continuing need for use and occupancy of the communications system infrastructure described in subsection (a). The general assembly authorizes the state office building commission to provide under this chapter and IC 4-13.5-4 the communications system infrastructure described in subsection (a), including the borrowing of money or the issuance and sale of bonds, or both, under IC 4-13.5-4.
(c) This section codifies P.L.123-2002, SECTION 61.
(d) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.123-2002, SECTION 61.
refurbishing, or alteration of not more than one (1) regional health
center.
(b) The general assembly finds that the state will have a
continuing need for use and occupancy of the health center
described in subsection (a). The general assembly authorizes the
state office building commission to provide under this chapter and
IC 4-13.5-4 the health center described in subsection (a).
(c) This section codifies P.L.224-2003, SECTION 111.
(d) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.224-2003, SECTION 111.
(b) The general assembly finds that the state needs the construction, equipping, purchasing, leasing, renovation, refurbishing, or alteration of laboratory facilities for the use of agencies of the state, including the state police department created by IC 10-11-2-4, the state department of health established by IC 16-19-1-1, and, notwithstanding section 1 of this chapter, the state department of toxicology of the Indiana University School of Medicine established under IC 21-45-3-1.
(c) The general assembly finds that the state will have a continuing need for use and occupancy of the laboratory facilities.
(d) The general assembly authorizes the state office building commission to provide under this chapter and IC 4-13.5-4 the laboratory facilities, including the borrowing of money or the issuance and sale of bonds, or both, under IC 4-13.5-4.
(e) This section codifies P.L.224-2003, SECTION 112.
(f) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.224-2003, SECTION 112.
for:
(1) employees of the state and the facilities located in the area
of the state capitol complex and White River State Park; and
(2) visitors to or persons having business at facilities located
in the area of the state capitol complex and White River State
Park.
(b) The general assembly finds that the state of Indiana will
have a continuing need for use and occupancy of the parking
facilities described in subsection (a).
(c) The general assembly authorizes the Indiana finance
authority to proceed with the projects described in subsection (a)
under this chapter and IC 4-13.5-4.
(d) The Indiana finance authority shall present a feasibility plan
and cost estimate to the budget committee when the feasibility plan
and cost estimate become available.
(e) This section codifies P.L.234-2007, SECTION 187.
(f) This section does not authorize any:
(1) construction; or
(2) issuance of bonds or other evidences of indebtedness;
other than authorized by P.L.234-2007, SECTION 187.
[EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) This section applies to a
deed executed under:
(1) Acts 1973, P.L.344;
(2) Acts 1974, P.L.159;
(3) Acts 1977, P.L.345; or
(4) P.L.202-1988, SECTION 1;
containing a legal description of property to be conveyed by the
state that does not conform with the description of the property set
forth in the statute.
(b) A deed described by this section:
(1) conveys the property described in the deed; and
(2) is legalized.
(b) A deed described by this section that has not been accepted by each of the officials required to accept the deed:
(1) conveys the property described in the deed; and
(2) is legalized.
Part of the Southwest Quarter of Section 4, Township 15 North, Range 3 East, Marion County, Indiana, and being more particularly described as follows: Beginning at a point on the North line of said quarter section being North 88 degrees 20 minutes 04 seconds East (assumed bearing) 615.07 feet from the Northwest corner thereof; thence continue North 88 degrees 20 minutes 04 seconds East along said North line 298.15 feet; thence South 0 degrees 25 minutes 14 seconds West 986.30 feet; thence North 88 degrees 39 minutes 18 seconds West 184.05 feet; thence North 6 degrees 15 minutes 40 seconds West 979.13 feet to the point of beginning and containing 5.423 acres, more or less. Subject to right-of-way for Vermont Street off the entire North side thereof and all other legal easements and rights-of-way of record. Also subject to and together with an easement for ingress and egress being a part of the Southwest Quarter of Section 4,
Township 15 North, Range 3 East, Marion County, Indiana, and
being more particularly described as follows: Beginning at a point
on the North line of said quarter section being North 88 degrees
20 minutes 04 seconds East (assumed bearing) 823.22 feet from
the Northwest corner thereof; thence continue North 88 degrees
20 minutes 04 seconds East along said North line 90.00 feet;
thence South 0 degrees 25 minutes 14 seconds West 61.00 feet;
thence South 57 degrees 55 minutes 21 seconds West 71.07 feet;
thence South 0 degrees 25 minutes 14 seconds West 886.15 feet;
thence North 88 degrees 39 minutes 18 seconds West 30.00 feet;
thence North 0 degrees 25 minutes 14 seconds East 368.57 feet;
thence North 67 degrees 14 minutes 53 seconds West 155.70 feet;
thence North 6 degrees 15 minutes 40 seconds West 25.00 feet;
thence South 75 degrees 48 minutes 59 seconds East 151.27 feet;
thence North 0 degrees 25 minutes 14 seconds East 565.00 feet
to the point of beginning and containing in said easement 0.905
acres, more or less, subject to all legal easements and
rights-of-way of record.
(b) Notwithstanding any other law, the appropriate officials, acting
on behalf and in the name of the state, shall enter into a lease with the
Indiana Medical History Museum, Inc., or its successor, at the sole
option of the Indiana Medical History Museum, Inc., at the expiration
of the lease described in P.L.245-1986, SECTION 2 (notwithstanding
its repeal) or at any time during the lease described in P.L.245-1986,
SECTION 2 (notwithstanding its repeal), leasing the real estate and
the improvements.
(c) The Indiana Medical History Museum, Inc., shall use the real
estate and the improvements for public charitable, educational,
scientific, and general museum purposes.
(d) The lease described in subsection (b) must:
(1) be for a period of ninety-nine (99) years at a rental of one
dollar ($1) per year with the option to renew the lease for an
additional ninety-nine (99) years at a rental of one dollar ($1) per
year;
(2) allow the Indiana Medical History Museum, Inc., to purchase
services from Central State Hospital at the cost of those services
to Central State Hospital (the lease must provide a method of
determining these costs; however, the method may be amended
with the consent of the parties);
(3) provide that the Indiana Medical History Museum, Inc., is
responsible for the maintenance of the real estate and the
improvements;
(4) allow the Indiana Medical History Museum, Inc., to relocate the improvements generally known as the Old Pathology Building and the Dead House to a new site that is generally available to the people of Indiana;
(5) require the Indiana Medical History Museum, Inc., to take title to any improvement described in subdivision (4) that is transferred to a site that is not owned by the state or an instrumentality of the state, subject to a covenant, enforceable by the state, restricting the use of the improvement to a charitable, educational, scientific, and general museum purpose;
(6) provide for the termination of the lease with respect to any improvement described in subdivision (4) that is moved to a site that is not owned by the state or an instrumentality of the state;
(7) provide for the termination of the lease with respect to the real estate described in subsection (a) after all improvements described in subdivision (4) are transferred to another site, regardless of whether the site is owned by the state or an instrumentality of the state;
(8) allow the state to terminate the lease if any of the real estate and improvements are subleased without the consent of the state or used for a purpose other than a public charitable, educational, scientific, or general museum purpose; and
(9) permit amendments at any time with the consent of all parties to the lease.
(1) all proceedings, and all proceedings for judicial review or civil enforcement of agency action, commenced after June 30, 1987; and
(2) proceedings conducted after June 30, 1987, on remand from a court.
(b) The following are governed by IC 4-22-1 (before its repeal) as it existed on June 30, 1987:
(1) Any adjudicative proceedings pending on June 30, 1987, and not being conducted on remand after June 30, 1987.
(2) All judicial review proceedings concerning agency action pending on June 30, 1987.
(3) All civil enforcement proceedings concerning agency action pending on June 30, 1987.
(c) After June 30, 1987, any reference to Acts 1947, c.365 or IC 4-22-1 in a statute or rule in effect on July 1, 1987, shall be
construed as a reference to IC 4-21.5 as effective on July 1, 1987.
(1) The amendments made to sections 13, 19, 23, 25, and 28 of this chapter apply to a rulemaking action that commences after June 30, 1995.
(2) The addition of sections 23.1 and 46 of this chapter applies to a rulemaking action that commences after June 30, 1995.
(b) Notwithstanding the addition of section 44 of this chapter by P.L.31-1985, a rule that is the subject of a rulemaking action before September 1, 1985, and:
(1) is not accepted for filing by the secretary of state before September 1, 1985; or
(2) is accepted for filing by the secretary of state before September 1, 1985, but is not effective before September 1, 1985;
is effective if it is adopted in conformity with the law in effect on August 31, 1985, or with this chapter, as in effect on the date of adoption of the rule.
(c) The format, numbering system, standards, and techniques
that were developed by the legislative council for the drafting and
preparation of rules before September 1, 1985, continue to apply
to the drafting and preparation of rules until changed under
P.L.31-1985.
(1) The amendments made to section 10 of this chapter and to sections 1, 4, 5, 7, 8, and 9 of this chapter (before their repeal) apply to vehicles registered after December 31, 1990.
(2) The addition of section 3.5 of this chapter and section 7.5 of this chapter (repealed) applies to vehicles registered after December 31, 1990.
(1) The state and local projects account.
(2) The lottery and gaming surplus account.
(3) The job creation and economic development account.
(b) As used in this section, "capital project" has the meaning set forth in section 4.1 of this chapter, as amended by P.L.186-2002.
(c) As used in this section, "eligible recipient" has the meaning set forth in section 2 of this chapter, as amended by P.L.186-2002.
(d) Any reference to a build Indiana fund account in a law, agreement, or other document that was created before March 28,
2002, shall be treated on and after March 28, 2002, as a reference
to the build Indiana fund.
(e) If an eligible recipient submitted an application to the state
for funding from the build Indiana fund before March 28, 2002,
and the budget agency has available to it the information necessary
to process the application, the budget agency shall use the
information to process the application without requiring
resubmission of the information on any particular form or in a
different format.
(b) The rules adopted by the Indiana standardbred board of regulations before July 1, 1999, are considered, after June 30, 1999, rules of the Indiana horse racing commission.
(1) An emergency rule adopted by the commission on April 21, 2005, pursuant to Indiana gaming commission resolution 2005-17 concerning the imposition of a transfer fee for riverboat license transfers.
(2) Any other rule adopted after April 1, 2005, that establishes a transfer fee for riverboat licenses, including operating permits.
(1) The amendments made to section 6 of this chapter by P.L.178-2002 apply to riverboat admissions taxes collected after June 30, 2002.
(2) The amendments made to section 1 of this chapter by P.L.192-2002(ss) apply to admissions occurring and receipts received after June 30, 2002.
(3) The amendments made to section 6 of this chapter by P.L.234-2007 apply to riverboat admissions taxes remitted by an operating agent after June 30, 2007.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The following amendments
to this chapter apply as follows:
(1) The amendments made to section 1 of this chapter by
P.L.192-2002(ss) apply to admissions occurring and receipts
received after June 30, 2002.
(2) The addition of section 1.5 of this chapter by
P.L.192-2002(ss) applies to admissions occurring and receipts
received after June 30, 2002.
(3) The amendments made to section 5 of this chapter by
P.L.234-2007 apply to riverboat wagering taxes remitted by
an operating agent after June 30, 2007.
(1) on or after the date that the riverboat implemented flexible scheduling under IC 4-33-6-21; and
(2) before July 1, 2003.
(b) The general assembly does not acquiesce in any interpretation of section 1.5 of this chapter and P.L.192-2002(ss), SECTION 205 that excludes adjusted gross receipts of a riverboat received after June 30, 2002, and before the date that the riverboat implemented flexible scheduling under IC 4-33-6-21 from the determination of which wagering tax rate to apply to adjusted gross receipts of the riverboat received on or after the riverboat implemented flexible scheduling under IC 4-33-6-21.
(c) Wagering taxes imposed under section 1.5 of this chapter on adjusted gross receipts received on or after the date that the riverboat implemented flexible scheduling under IC 4-33-6-21 must be calculated and deposited using a graduated wagering tax rate selected (as stated in section 1.5 of this chapter) through a calculation that includes "adjusted gross receipts received during the period beginning July 1 of each year and ending June 30 of the following year".
(d) All penalties and interest otherwise due from a riverboat that underpaid the amount of wagering tax due after June 30, 2002, and before May 1, 2003, as a result of a failure to include adjusted gross receipts received by the riverboat after June 30, 2002, and before the date that the riverboat implemented flexible scheduling under IC 4-33-6-21 in the determination of which wagering tax rate to apply to adjusted gross receipts received after
the riverboat implemented flexible scheduling under IC 4-33-6-21
are waived if the riverboat paid the unpaid balance due in two (2)
equal installments on the following dates:
(1) July 1, 2003.
(2) July 1, 2004.
(1) the appropriation requirements in IC 6-1.1; and
(2) any agreement entered into by a city, town, or county that commits the money for a particular purpose;
money received at any time under section 5(d) (currently, section 5(e) or 5(h)) of this chapter may be used after May 7, 2003, for any purpose authorized by section 5 of this chapter.
(1) Marion, Boone, Johnson, Hamilton, Hancock, Hendricks, Morgan, and Shelby counties, and certain municipalities located in those counties, face unique and distinct challenges and opportunities related to the economic development issues associated with the construction and maintenance of a world-class convention center and stadium facility in Indianapolis.
(2) A unique approach is required to ensure that these counties have sufficient revenue sources to allow them to meet these challenges and opportunities.
(3) The powers and responsibilities provided to these counties and to the Indiana stadium and convention building authority created by this chapter are appropriate and necessary to carry out the public purposes of encouraging and fostering economic development in central Indiana and constructing a world-class convention center and stadium facility in Indianapolis.
(4) The retention of a National Football League franchised professional football team in Indianapolis poses unique challenges due to the need for development of a world class football stadium and related infrastructure that would not be needed apart from the needs related to the retention of a National Football League franchised professional football team in Indianapolis.
(5) The retention of a National Football League franchised
professional football team in Indianapolis is critical to
successful economic development in Indianapolis and is a
public purpose.
(6) Encouragement of economic development in Indianapolis
will:
(A) generate significant economic activity, a substantial
portion of which results from persons residing outside
Indiana, which may attract new businesses and encourage
existing businesses to remain or expand in Indianapolis;
(B) promote the consolidated city to residents outside
Indiana, which may attract residents outside Indiana and
new businesses to relocate to the Indianapolis area;
(C) protect and increase state and local tax revenues; and
(D) encourage overall economic growth in Indianapolis
and in Indiana.
(7) Indianapolis faces unique challenges in the development of
infrastructure and other facilities necessary to promote
economic development as a result of its need to rely on
sources of revenue other than property taxes, due to the large
number of tax exempt properties located in Indianapolis
because Indianapolis is the seat of government, the home to
multiple institutions of higher education, and the site of
numerous state and regional nonprofit corporations.
(8) Economic development benefits the health and welfare of
the people of Indiana, is a public use and purpose for which
public money may be spent, and is of public utility and
benefit.
(b) A rule adopted by the family protection bureau concerning the violent crime victims compensation fund under IC 12-18-6 (before its repeal by P.L.47-1993) is valid and effective until the Indiana criminal justice institute adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the family protection bureau rule; or
(2) repeals the family protection bureau rule.
(c) A rule adopted by the family protection bureau concerning the broadcast or publication of crime stories of accused or convicted felons under IC 12-8-7 (before its repeal by P.L.47-1993) is valid and effective until the criminal justice institute adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the family protection bureau rule; or
(2) repeals the family protection bureau rule.
(b) The amendments made to IC 16-7-3.6-5 (before its repeal, now codified in this chapter) and IC 16-7-3.6-8 (before its repeal, now codified in this chapter) by P.L.351-1989 do not apply to the reimbursement of a claim that arises from a violent crime that occurs before July 1, 1989.
(1) The addition of section 1.3 and sections 1.5, 1.6, and 6.3 of this chapter (before their repeal) by P.L.280-2001 applies to foreign protection orders issued before, on, or after July 1, 2001.
(2) The amendments made to sections 2.1, 5, 6, 7, and 8 of this chapter by P.L.280-2001 apply to foreign protection orders issued before, on, or after July 1, 2001.
(1) establish an employee savings plan that is a defined contribution plan qualified under Section 401(a) of the Internal Revenue Code; and
(2) contribute amounts to the employee savings plan on behalf of the employee, with those amounts to be credited and allocated to the employee;
are legalized.
(b) The following amendments to this chapter apply as follows:
(1) The addition of section 7.5 of this chapter by P.L.180-2007 applies after June 30, 2007, to active participants of the plan.
(2) The amendments made to section 8 of this chapter by P.L.180-2007 apply after June 30, 2007, to active participants of the plan.
(3) The amendments made to sections 10, 11, and 12 of this chapter by P.L.180-2007 apply to participants of the plan who retire after June 30, 2007.
(4) The amendments made to sections 7 and 13.5 of this chapter by P.L.180-2007 apply to participants of the plan who become disabled after June 30, 2007.
(5) The addition of section 22 of this chapter by P.L.128-2008 applies only to a participant in the plan who is in active service after June 30, 2008.
(6) The amendments made to sections 9 and 10 of this chapter by P.L.128-2008 apply only to a participant in the plan who is in active service after June 30, 2008.
(1) The amendments made to section 2 of this chapter (before its repeal) and section 3 of this chapter (before its repeal) by P.L.46-1985 do not affect contracts:
(A) entered into before; and
(B) in effect on;
July 1, 1986.
(2) The addition of section 7.2 of this chapter by P.L.35-1992
applies to a contract between the state and a prepaid health
care delivery plan that is entered into or renewed after June
30, 1992.
(3) The amendments made to section 7.2 of this chapter by
P.L.170-1999 apply to a self-insurance program or a contract
between the state and a health maintenance organization
established, entered into, or renewed after June 30, 1999.
(4) The addition of section 7.5 of this chapter by P.L.170-1999
applies to a self-insurance program or a contract between the
state and a health maintenance organization established,
entered into, or renewed after June 30, 1999.
(5) The addition of section 13 of this chapter by P.L.251-2003
applies to an employee health benefit plan that is entered into,
issued, delivered, amended, or renewed after June 30, 2003.
(6) The amendments made to section 7.7 of this chapter by
P.L.196-2005 apply to a self-insurance program or a contract
with a prepaid health care delivery plan that is established,
entered into, delivered, amended, or renewed after June 30,
2005.
(7) The addition of section 14 of this chapter by P.L.109-2008
applies to a state employee health plan that is established,
entered into, delivered, amended, or renewed after June 30,
2008.
(1) is subject to section 7(d) of this chapter; and
(2) has less than five (5) years of continuous full-time employment after June 30, 1989;
will be credited with special sick leave on a pro rata basis after June 30, 1989.
(1) need not be made available before January 1, 2002; but
(2) must be made available not later than January 1, 2002.
(1) The amendments made by P.L.45-1988 to STEP TWO of section 4(b) of this chapter (formerly section 4(a) of this
chapter):
(A) apply only to retirement benefits paid after March 3,
1988; and
(B) do not require retroactive increases in any benefits
paid before March 3, 1988.
(2) The amendments made to section 3 of this chapter by
P.L.95-2004 apply only to members of the Indiana state
teachers' retirement fund who retire after May 31, 2004.
(3) The amendments made to section 8 of this chapter by
P.L.62-2005 apply to:
(A) fiscal years that begin after June 30, 2005, for teachers'
retirement fund members; and
(B) calendar years that begin after December 31, 2005, for
public employees' retirement fund members.
(4) The amendments made to section 6 of this chapter by
P.L.124-2008 apply to disability retirement benefits payable
by the Indiana state teachers' retirement fund and the public
employees' retirement fund after December 31, 2007.
(1) Mandatory divestment by the funds of the funds' holdings in certain companies is a measure that should be employed only under extraordinary circumstances.
(2) The Congress and President of the United States have declared that genocide is occurring in the Darfur region of Sudan.
(3) The Sudan crisis represents the first time the government of the United States has labeled ongoing atrocities a genocide.
(4) The situation in Sudan is unique and constitutes the extraordinary circumstances necessary for mandatory divestment by the funds of the funds' holdings in scrutinized
companies with active business operations in Sudan.
(1) Mandatory divestment by the funds of the funds' holdings in certain companies is a measure that should be employed only under extraordinary circumstances.
(2) States that are designated as a state sponsor of terror by the Secretary of State of the United States are providing military, financial, political, diplomatic, and organizational aid to known terrorist groups.
(3) Support for terrorism and the acquisition of weapons of mass destruction represent a grave threat to the security of the United States and to the citizens of Indiana.
(4) The threat from terrorism to the security of the United States and to the citizens of Indiana constitutes the extraordinary circumstances necessary for mandatory divestment by the funds of the funds' holdings in scrutinized companies with active business operations in a state sponsor of terror.
(b) Actions taken by the board before March 5, 1988, that would have been valid under IC 5-10.3-7-3(a), as amended by P.L.46-1988, are validated.
teachers' retirement fund who retire after June 30, 2001.
(b) The state shall initiate the contributions required by section 9 of this chapter for each governor, lieutenant governor, attorney general, and state superintendent of public instruction elected or appointed to office after November 7, 1988.
(c) The state shall initiate, for compensation paid after June 30, 1987, the contributions required under section 9 of this chapter for the following persons whose compensation is paid in whole or in part from state funds:
(1) Prosecuting attorneys.
(2) Deputy prosecuting attorneys.
(3) Juvenile court referees and full-time magistrates appointed under IC 31-6-9-2 (before its repeal, now codified at IC 31-31-3).
(4) The master commissioners and full-time magistrates appointed under IC 33-4-1-2.1 (before its repeal, now codified at IC 33-33-2-3), IC 33-4-1-74.3 (before its repeal, now codified at IC 33-33-75-2), IC 33-4-1-75.1 (as amended by P.L.378-1987(ss), before its repeal, now codified at IC 33-33-71-3), and IC 33-4-1-82.1 (before its repeal, now codified at IC 33-33-82-3).
(5) The court commissioner and a full-time magistrate appointed under IC 33-5-29.5-7.1 (as amended by P.L.378-1987(ss), before its repeal, now codified at IC 33-33-45-10).
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. For property taxes first due
and payable after December 31, 2008, the department of local
government finance shall reduce the maximum permissible ad
valorem property tax levy of any civil taxing unit and special
service district by the amount of the payment to be made in 2009
by the state of Indiana under this chapter, as amended by
P.L.146-2008, for benefits to members (and survivors and
beneficiaries of members) of the 1925 police pension fund, the 1937
firefighters' fund, or the 1953 police pension fund.
(b) Notwithstanding IC 21-6.1-4-5 (as amended by P.L.214-1995, before its repeal, now codified at IC 5-10.4-4-7) and IC 21-6.1-4-13(a) (as added by P.L.214-1995, before its repeal, now codified at IC 5-10.4-4-14), and subject to IC 21-6.1-4-13(b) (as added by P.L.214-1995, before its repeal, now codified at IC 5-10.4-4-14), a member who accrued creditable service before January 1, 1995, for leave for other educational employment approved by the board:
(1) retains the creditable service accrued before January 1, 1995, resulting from the leave for other educational employment that was approved by the board; and
(2) continues to accrue creditable service after December 31, 1994, resulting from the leave for other educational employment that was approved before January 1, 1995, by the board.
codified at section 2 of this chapter) by P.L.291-2001.
IC 5-12-1-19.1 (before its repeal) continues uninterrupted under
IC 5-13-12, as added by P.L.19-1987.
(b) P.L.19-1987 does not affect rights or liabilities of the public
deposit insurance fund and board for depositories accrued before
May 6, 1987.
(1) made or entered into before March 21, 1996; and
(2) that:
(A) would have been in compliance with this chapter, as amended by P.L.18-1996, if this chapter, as amended by P.L.18-1996, had been in effect at the time the investment was made or agreement entered into;
(B) is no longer in effect on March 21, 1996; or
(C) is brought into compliance with this chapter, as amended by P.L.18-1996, not later than June 19, 1996;
is legalized and validated.
(1) made under a repurchase or resale agreement, including a standing repurchase or resale agreement, that was entered into before February 27, 1996; and
(2) that:
(A) would have been in compliance with section 3 of this chapter, as amended by P.L.41-1996, if section 3 of this chapter, as amended by P.L.41-1996, had been in effect at the time the repurchase or resale agreement, including a standing repurchase or resale agreement, was entered into;
(B) is no longer in effect on February 27, 1996; or
(C) is brought into compliance with section 3 of this chapter, as amended by P.L.41-1996, not later than May 27, 1996;
is legalized and validated.
and validated.
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. This chapter does not apply
to solicitations for telephone calling systems (including local,
interlata, intralata, and interstate long distance services) for
confined offenders made before March 20, 2002.
(b) This subsection applies to an agreement in the nature of a public-private agreement (as defined in IC 36-1-14.3-4 (before its repeal)) that was entered into or extended before May 10, 1995. The parties to an agreement described in this section may enter into an addendum of the agreement to be governed by IC 36-1-14.3 (before its repeal) and to apply the provisions of IC 36-1-14.3 (before its repeal) to the agreement. If the parties enter into an addendum under this section, the addendum becomes a part of the agreement to the same extent as if the addendum had been part of the original agreement.
(1) Indiana small business development corporation established under IC 4-3-12-1 (before its repeal).
(2) Indiana economic development council established under IC 4-3-14 (before its repeal).
(3) Indiana development finance authority established by IC 4-4-11-4 (before its amendment by P.L.235-2005).
(1) Shovel ready site development center under IC 5-28-28.4, as added by P.L.162-2007 (IC 4-4-11-44 before its repeal).
(2) Capital access program under IC 5-28-29, as added by P.L.162-2007 (IC 4-4-26 before its repeal).
(3) Industrial development loan guaranty program under IC 5-28-30, as added by P.L.162-2007 (IC 4-4-11-16 before its
repeal).
(4) Agricultural loan and rural development project
guarantee fund under IC 5-28-31, as added by P.L.162-2007
(IC 15-7-5-19.5 before its repeal).
(5) Business development loan fund under IC 5-28-32, as
added by P.L.162-2007 (IC 4-4-11-16.5 before its repeal).
(b) On July 1, 2007, all powers, duties, and liabilities of the
Indiana finance authority with respect to the transferred programs
are transferred to the corporation.
(c) On July 1, 2007, all records and property of the Indiana
finance authority with respect to the transferred programs,
including appropriations and other funds under the authority's
control or supervision, are transferred to the corporation.
(d) After June 30, 2007, any amounts owed to the Indiana
finance authority under the transferred programs before July 1,
2007, are considered to be owed to the corporation.
(e) After June 30, 2007, a reference to the Indiana finance
authority in a statute, rule, or other document concerning a
transferred program is considered a reference to the corporation
unless the reference applies to the issuance of obligations.
(f) On July 1, 2007, all powers, duties, and liabilities of the
Indiana finance authority with respect to agreements entered into
or obligations issued in connection with a transferred program are
transferred to the corporation. The rights of a party to such an
agreement or the holder of such an obligation remain unchanged,
although the powers, duties, and liabilities described in this
subsection have been transferred to the corporation.
(b) Notwithstanding any other law, all loans, loan agreements, or similar arrangements between the department and a qualified entity are legalized and declared valid if these loans, loan agreements, or similar arrangements have been delivered and the department has lent money pursuant to them before April 18, 1985. All proceedings had and actions taken under which these loans, loan agreements, or similar arrangements were undertaken are fully legalized and declared valid.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 4-4-6.1-1.7
(before its repeal, now codified in section 4 of this chapter) by
P.L.25-1995 applies to property taxes first due and payable after
December 31, 1996.
(b) Notwithstanding IC 4-4-6.1-2.5 (before its repeal), as amended by P.L.8-1994, a zone business that after August 2, 1993, and on or before December 31, 1993, tendered to the enterprise zone board created under IC 4-4-6.1-1 (before its repeal):
(1) a verified summary of the amount of tax credits and exemptions claimed by the business in the preceding year, as required under IC 4-4-6.1-2.5(a)(1) (before its repeal); and
(2) payment of registration fees, as required under IC 4-4-6.1-2.5(a)(2) (before its repeal);
is deemed to have complied with IC 4-4-6.1-2.5(a) (before its repeal) and may not be denied any of the incentives granted to a zone business if the zone business resubmits the verified summary and the zone business' registration fee and pays an additional civil penalty equal to the greater of twenty-five dollars ($25) or fifteen percent (15%) of its registration fees to the enterprise zone board on or before May 1, 1994.
(b) A zone business that:
(1) submitted to the board, on a form prescribed by the board, a verified summary concerning the amount of tax credits and exemptions claimed by the business in the preceding year; and
(2) tendered payment of the amount specified in IC 4-4-6.1-2(4)(A) (before its repeal) to the board;
in compliance with IC 4-4-6.1-2.5(a) (before its repeal and as effective June 1, 1995) after May 31, 1995, and before June 16, 1995, shall be treated for the purposes of IC 4-4-6.1-2.5 (before its repeal and as effective June 1, 1995), as if the zone business had
complied with IC 4-4-6.1-2.5 (before its repeal and as effective June
1, 1995) before June 1, 1995.
(c) An official of the state or a political subdivision is authorized
to take the actions necessary to:
(1) reinstate the credits and exemptions that would have been
waived without this section;
(2) reinstate, effective retroactively to May 31, 1995, a
business that is described by this section as a zone business
without requiring the business to petition for readmission or
to pay any civil penalties; and
(3) refund any civil penalties paid under IC 4-4-6.1-2.5 (before
its repeal), as effective June 1, 1995.
(d) Notwithstanding any other statute or rule, a payment or fee
that is required from a zone business identified in subsection (b) to
qualify the zone business for the credits and exemptions that would
have been waived without this section may be paid by the zone
business before June 1, 1996.
(1) did not qualify in any taxable year beginning in 1995, 1996, or 1997 for enterprise zone incentives under IC 4-4-6.1-1.7 (before its amendment by P.L.14-1997 and before its repeal);
(2) would have qualified for the enterprise zone incentives under IC 4-4-6.1-1.7 (as amended by P.L.14-1997 and before its repeal); and
(3) received enterprise zone incentives for taxable years beginning in 1995, 1996, or 1997;
shall be treated for each of the years described in subdivision (1) as having qualified for the incentives to the same extent as if the amendment by P.L.14-1997 to IC 4-4-6.1-1.7 (before its repeal) had been enacted before the enterprise zone incentives accrued to the person.
(1) is at a competitive disadvantage for economic development due to the area's rural character;
(2) faces unique challenges because the area borders another
state;
(3) consistently ranks among the highest areas in
unemployment in Indiana; and
(4) is served by an interstate highway and rail infrastructure
that is well suited for the development of a proposed global
commerce center.
(b) These special circumstances require legislation particular to
the counties.
(1) The amendments made to section 6 of this chapter (before its repeal) by P.L.98-1989 apply to boating years beginning after December 31, 1989.
(2) The amendments made to section 4 of this chapter by P.L.51-1997 apply only to assessment years beginning after December 31, 1997.
(3) If a court makes a final determination that the commercial vehicle excise tax, as added by P.L.181-1999 is invalid, the amendments made to section 7 of this chapter by P.L.181-1999 are void upon the exhaustion of all appeals of the court's final determination.
(b) For the purpose of computing:
(1) the assessed value growth quotient under IC 6-1.1-18.5-2; and
(2) any other value that requires the use of an assessed value from a date before March 1, 2001;
for a budgetary appropriation, state distribution, or property tax levy first due and payable after December 31, 2001, the assessed value from a date before March 1, 2001, must first be increased from thirty-three and thirty-three hundredths percent (33.33%) of true tax value to one hundred percent (100%) of true tax value before the computation is made.
(c) For the purpose of computing:
(1) a tax rate under IC 6-1.1-19-1.5 (before its repeal); and
(2) any other value that requires the use of a tax rate from a date before March 1, 2001;
for a budgetary appropriation, state distribution, or property tax levy first due and payable after December 31, 2001, a tax rate from a date before January 1, 2002, must first be reduced by dividing the tax rate by three (3) before the computation is made.
(d) The state board of tax commissioners shall adjust the tax rates of all taxing units to eliminate the effects of changing assessed values from thirty-three and thirty-three hundredths percent (33.33%) of true tax value to one hundred percent (100%) of true tax value.
(e) If a maximum property tax rate that was enacted before 1997 is not amended by P.L.6-1997, the state board of tax commissioners shall adjust the maximum tax rate to eliminate the effects of changing assessed values from thirty-three and thirty-three hundredths percent (33.33%) of true tax value to one hundred percent (100%) of true tax value.
(f) The state board of tax commissioners shall prepare the initial schedule of adjusted assessed values for all political subdivisions under IC 36-1-15, as added by P.L.6-1997, not later than July 1, 2001.
(g) It is the intent of the general assembly that all adjustments necessary to implement IC 6-1.1-1-3, as amended by P.L.6-1997, be
made without raising the revenues available to governmental units
more than would have occurred if P.L.6-1997 were not enacted.
The state board of tax commissioners shall provide fiscal officers
in the taxing units, assessing officials, and members of the board of
tax adjustment with instructions on how to implement this section.
(h) If a statute that imposes an assessed value limitation on the
aggregate amount of bonds that a political subdivision may issue
that was enacted before 1997 is not amended by P.L.6-1997, the
state board of tax commissioners shall adjust the assessed value
limitation to eliminate the effects of changing assessed values from
thirty-three and thirty-three hundredths percent (33.33%) of true
tax value to one hundred percent (100%) of true tax value.
(i) The state board of tax commissioners shall, if necessary to
protect owners of bonds payable in whole or in part from tax
increment, adjust the base assessed value to neutralize the effect of
changing assessed values under P.L.6-1997 from thirty-three and
thirty-three hundredths percent (33.33%) of true tax value to one
hundred percent (100%) of true tax value under the following
statutes:
(1) IC 6-1.1-39.
(2) IC 8-22-3.5.
(3) IC 36-7-14.
(4) IC 36-7-14.5.
(5) IC 36-7-15.1.
(6) IC 36-7-30.
(1) Halt billing and collection.
(2) Invalidate the certification under IC 6-1.1-17-16(f) of the department's actions concerning budgets, rates, and levies.
(3) Revise and reissue certifications referred to in subdivision (2).
(4) Require the preparation and delivery under IC 6-1.1-22-5 of an abstract that is based on the assessed values determined in a reassessment:
(A) performed by; or
(B) ordered by;
the department of local government finance under IC 6-1.1-4
or IC 6-1.1-14.
(5) Allow payments of installments on dates and in amounts
different from the dates and amounts that applied in an
earlier issuance of tax statements by the county.
(6) Allow the issuance of reconciling property tax statements
to reconcile the payment of different amounts referred to in
subdivision (5) as compared to the amounts finally determined
to be due and payable.
(7) Waive all or part of a penalty under IC 6-1.1-37-10.
(b) The department of local government finance may take any
action listed in subsection (a) on or after November 21, 2007, with
respect to property taxes first due and payable in 2007 in any
county.
(c) Any action taken before November 21, 2007, by a unit of
local government or a public official on behalf of a unit of local
government that:
(1) is in response to; and
(2) is consistent with;
an action of the department of local government finance referred
to in subsection (a) is legalized and validated.
(d) A unit of local government or a public official on behalf of
a unit of local government may take any action on or after
November 21, 2007, that:
(1) is in response to; and
(2) is consistent with;
an action of the department of local government finance referred
to in subsection (a) or (b).
(1) The economy of northern Indiana has historically been heavily dependent upon:
(A) the domestic steel industry, particularly the integrated steel mill business, which produces steel from basic raw materials through blast furnace and related operations; and
(B) the oil refining and petrochemical industry.
(2) Northern Indiana is the only area of Indiana with integrated steelmaking facilities.
(3) During the last thirty (30) years, the domestic steel industry has experienced significant financial difficulties.
More than one-half (1/2) of the integrated steel mills in the
United States were shut down or deintegrated, with the
remainder requiring significant investment and the addition
of new processes to make the facilities economically
competitive with newer foreign and domestic steelmaking
facilities and processes.
(4) The United States needs to protect the capacity of the oil
refining and petrochemical industry. No oil refineries have
been built in the United States since 1976.
(5) Given the economic conditions affecting older integrated
steelmaking facilities, integrated steel mills claimed abnormal
obsolescence in reporting the assessed value of equipment
located at the integrated steelmaking facilities that began
operations before 1970, thereby reporting the equipment's
assessed value at far below thirty percent (30%) of the
equipment's total cost (far below the "thirty percent (30%)
floor" value generally applicable to equipment exhibiting only
normal obsolescence under the current department of local
government finance rules).
(6) Current law existing before January 1, 2003, obligates the
taxpayers making abnormal obsolescence claims to pay
personal property taxes based only on, and permits
communities to determine property tax budgets and rates
based only on, the reported personal property assessed values
until the personal property appeals are resolved.
Consequently, as a result of abnormal obsolescence claims,
the property tax base of communities in northern Indiana is
severely reduced for an indeterminate period (if not
permanently). The prospect of future appeals and their
attendant problems on an ongoing basis must be addressed.
(7) A new, optional method for valuing the equipment of
integrated steel mills and entities that are at least fifty percent
(50%) owned by an affiliate of an integrated steel mill
("related entities") and the oil refining and petrochemical
industry in northern Indiana is needed. That optional method:
(A) recognizes the loss of value and difficulty in valuing
equipment at integrated steelmaking facilities and facilities
of the oil refining and petrochemical industry that
commenced operations decades ago and at the facilities of
related entities;
(B) recognizes that depreciable personal property used in
integrated steelmaking and in oil refinery or petrochemical
operations and by related entities is affected by different
economic and market forces than depreciable personal
property used in other industries and certain other
segments of the steel industry and therefore experiences
different amounts of obsolescence and depreciation; and
(C) can be used to simply and efficiently arrive at a value
commensurate with that property's age, use, obsolescence,
and market circumstances instead of the current method
and its potentially contentious and lengthy appeals. Such
an optional method would benefit the communities where
these older facilities are located.
(8) Such an optional method would be to authorize a fifth pool
in the depreciation schedule for valuing the equipment of
integrated steel mills, related entities, and the oil refining and
petrochemical industry that reflects all adjustments to the
value of that equipment for depreciation and obsolescence,
including abnormal obsolescence, which precludes any
taxpayer electing such a method from taking any other
obsolescence adjustment for the equipment, and which applies
only at the election of the taxpayer.
(9) The purpose for authorizing the Pool 5 method is to
provide a more simplified and efficient method for valuing the
equipment of integrated steel mills and the oil refining and
petrochemical industry that recognizes the loss of value and
unusual problems associated with the valuation of the
equipment or facilities that began operations before 1970 in
those industries in northern Indiana, as well as for valuing the
equipment of related entities, to stabilize local property tax
revenue by eliminating the need for abnormal obsolescence
claims, and to encourage those industries to continue to invest
in northern Indiana, thereby contributing to the economic life
and well-being of communities in northern Indiana, the
residents of northern Indiana, and Indiana generally.
(10) The specific circumstances described in this section do
not exist throughout the rest of Indiana.
(a) (b) For purposes of this section:
(1) "adjusted cost" refers to the adjusted cost established in 50
IAC 4.2-4-4 (as in effect on January 1, 2003);
(2) "depreciable personal property" has the meaning set forth in
50 IAC 4.2-4-1 (as in effect on January 1, 2003);
(3) "integrated steel mill" means a person, including a subsidiary
of a corporation, that produces steel by processing iron ore and
other raw materials in a blast furnace in Indiana;
(4) "oil refinery/petrochemical company" means a person that
produces a variety of petroleum products by processing an annual
average of at least one hundred thousand (100,000) barrels of
crude oil per day;
(5) "permanently retired depreciable personal property" has the
meaning set forth in 50 IAC 4.2-4-3 (as in effect on January 1,
2003);
(6) "pool" refers to a pool established in 50 IAC 4.2-4-5(a) (as in
effect on January 1, 2003);
(7) "special integrated steel mill or oil refinery/petrochemical
equipment" means depreciable personal property, other than
special tools and permanently retired depreciable personal
property:
(A) that:
(i) is owned, leased, or used by an integrated steel mill or an
entity that is at least fifty percent (50%) owned by an
affiliate of an integrated steel mill; and
(ii) falls within Asset Class 33.4 as set forth in IRS Rev.
Proc. 87-56, 1987-2, C.B. 647; or
(B) that:
(i) is owned, leased, or used as an integrated part of an oil
refinery/petrochemical company or its affiliate; and
(ii) falls within Asset Class 13.3 or 28.0 as set forth in IRS
Rev. Proc. 87-56, 1987-2, C.B. 647;
(8) "special tools" has the meaning set forth in 50 IAC 4.2-6-2 (as
in effect on January 1, 2003); and
(9) "year of acquisition" refers to the year of acquisition
determined under 50 IAC 4.2-4-6 (as in effect on January 1,
2003).
(b) (c) Notwithstanding 50 IAC 4.2-4-4, 50 IAC 4.2-4-6, and 50
IAC 4.2-4-7, a taxpayer may elect to calculate the true tax value of the
taxpayer's special integrated steel mill or oil refinery/petrochemical
equipment by multiplying the adjusted cost of that equipment by the
percentage set forth in the following table:
Year of Acquisition Percentage
1 40%
2 56%
3 42%
4 32%
5 24%
6 18%
7 15%
8 and older 10%
(1) must be made by reporting the equipment under this section on a business personal property tax return;
(2) applies to all of the taxpayer's special integrated steel mill or oil refinery/petrochemical equipment located in the state (whether owned or leased, or used as an integrated part of the equipment); and
(3) is binding on the taxpayer for the assessment date for which the election is made.
The department of local government finance shall prescribe the forms to make the election beginning with the March 1, 2003, assessment date. Any special integrated steel mill or oil refinery/petrochemical equipment acquired by a taxpayer that has made an election under this section is valued under this section.
35(c) of this chapter, as amended by P.L.253-1999, amounts that
were:
(1) collected under section 35 of this chapter after June 30,
1999, and before January 1, 2001, and were derived from
indefinite-situs distributable property of railroad car
companies;
(2) credited to the commuter rail service fund established by
IC 8-3-1.5-20.5; and
(3) distributed to a commuter transportation district;
may be retained by the commuter transportation district and used
by the commuter transportation district for any legal purpose.
Chapter 12.8. Legalization of Certain Actions Taken Under IC 6-1.1-12.1
Sec. 1. (a) This section applies to a municipality having a population of more than four thousand (4,000) but less than nine thousand (9,000) that is located in a county having a population of more than fifty thousand (50,000) but less than sixty thousand (60,000). Population data used in this subsection refers to population data reported by the 1990 federal decennial census.
(b) Notwithstanding any other law, a designating body's actions taken after September 1, 1992, and before December 31, 1993, in:
(1) designating an economic revitalization area; or
(2) approving a statement of benefits after the initiation of the installation of new manufacturing equipment for which the person desires to claim a deduction under this chapter;
are legalized and validated.
Sec. 2. (a) As used in this section, "designating body" and "economic revitalization area" have the meanings set forth in IC 6-1.1-12.1-1 (as in effect before July 1, 1995).
(b) Notwithstanding any other law, a designating body's actions taken after February 1, 1991, and before July 1, 1995, in:
(1) designating an economic revitalization area; or
(2) approving a statement of benefits or making required
findings of fact after the initiation of the:
(A) redevelopment;
(B) installation of new manufacturing equipment; or
(C) rehabilitation;
for which the person desires to claim a deduction under
IC 6-1.1-12.1;
are legalized and validated.
Sec. 3. (a) This section applies to rehabilitation or
redevelopment that:
(1) was initiated after January 1, 1993, and before January 1,
1994; and
(2) is in a city having a population of more than four thousand
five hundred (4,500) located in a county having a population
of more than twenty-four thousand eight hundred (24,800)
but less than twenty-five thousand (25,000).
Population data used in this subsection refers to population data
reported by the 1990 federal decennial census.
(b) The definitions in IC 6-1.1-12.1-1 (as in effect before May 10,
1995) apply throughout this section.
(c) Notwithstanding section IC 6-1.1-12.1-3 (as in effect before
May 10, 1995), the:
(1) designation or enlargement of an economic revitalization
area;
(2) submission of a statement of benefits; and
(3) designating body's approval of the statement of benefits;
after the initiation of the rehabilitation or redevelopment for which
a deduction is claimed under IC 6-1.1-12.1 (as in effect before May
10, 1995) are legalized and validated for deductions claimed for
1994 and subsequent assessment years.
Sec. 4. (a) This section applies to a consolidated city.
(b) The definitions in IC 6-1.1-12.1-1 (as in effect before
December 31, 1992) apply throughout this section.
(c) Notwithstanding any other law, a designating body's actions
taken after February 1, 1991, and before January 1, 1993, in
designating an economic revitalization area are legalized and
validated.
(d) The installation of new manufacturing equipment after
February 1, 1991, is eligible for the deduction provided under
IC 6-1.1-12.1 (as in effect before December 31, 1992) for property
taxes first due and payable after December 31, 1992, as granted by
resolution adopted by the designating body for the economic
revitalization area.
Sec. 5. (a) This section applies to a city having a population:
(1) of more than five thousand fifty (5,050) but less than five thousand one hundred (5,100); and
(2) as determined by the 1990 federal decennial census.
(b) The definitions in IC 6-1.1-12.1-1 (as in effect before December 31, 1992) apply throughout this section.
(c) Notwithstanding any other law, a designating body's actions taken before May 31, 1992, in designating an economic revitalization area are legalized and validated.
(d) The installation of new manufacturing equipment after March 1, 1991, is eligible for the deduction provided under IC 6-1.1-12.1 (as in effect before December 31, 1992) for property taxes first due and payable after December 31, 1992, as granted by resolution adopted by the designating body for the economic revitalization area.
Sec. 6. (a) This section applies to a taxpayer that:
(1) is located in an economic revitalization area declared under IC 6-1.1-12.1 (as in effect before December 31, 1992) in a city having a population:
(A) of more than thirty-three thousand eight hundred fifty (33,850) but less than thirty-five thousand (35,000); and
(B) as determined by the 1990 federal decennial census; and
(2) with respect to new manufacturing equipment installed by the taxpayer in the economic revitalization area after March 2, 1991, and before March 1, 1992, filed a statement of benefits under IC 6-1.1-12.1-4.5 (as in effect before December 31, 1992) after March 1, 1992, with the designating body for the economic revitalization area.
(b) The definitions in IC 6-1.1-12.1-1 (as in effect before December 31, 1992) apply throughout this section.
(c) Notwithstanding IC 6-1.1-12.1-4.5 (as in effect before December 31, 1992), a statement of benefits is not required of a taxpayer to qualify for the economic revitalization area deduction under IC 6-1.1-12.1 (as in effect before December 31, 1992) with respect to the new manufacturing equipment described in subsection (a).
(d) This section applies to property taxes due and payable after December 31, 1992.
Sec. 7. (a) This section applies to a county having a population:
(1) of more than fifty thousand (50,000) and less than seventy thousand (70,000); and
(2) as determined by the 1990 federal decennial census.
(b) Notwithstanding any other law, a designating body's actions taken after July 1, 1991, and before December 31, 1992, in:
(1) designating an economic revitalization area; or
(2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment for which a person desires to claim a deduction under IC 6-1.1-12.1 (as in effect before May 10, 1995) are legalized and validated.
(c) Notwithstanding any other law, a designating body's actions taken after February 28, 1993, and before July 1, 1995:
(1) designating an economic revitalization area;
(2) approving a statement of benefits; or
(3) retroactively approving a statement of benefits;
after initiation of the installation of new manufacturing equipment or rehabilitation or redevelopment of real property for which a person desires to claim a deduction under IC 6-1.1-12.1 (as in effect before May 10, 1995) are legalized and validated.
(d) Notwithstanding any other law, a designating body's action taken after February 28, 1993, and before July 1, 1995, incorporating the information required in the statement of benefits in the designating body's findings of fact made in support of designating an area as an economic revitalization area or approving a deduction under IC 6-1.1-12.1 (as in effect before May 10, 1995) is legalized and validated and shall be treated as if the applicant provided the statement of benefits before the final action taken by the designating body.
(e) Notwithstanding any other law, a review shall be made of timely filed deduction applications for actions legalized and validated under this section for the purpose of granting deductions under IC 6-1.1-12.1 (as in effect before May 10, 1995) for assessment years after 1991.
Sec. 8. (a) This section applies only to property that is located in:
(1) an economic revitalization area; and
(2) a town having a population of more than one thousand (1,000) but less than two thousand (2,000) in a county having a population of more than twenty-four thousand eight hundred (24,800) but less than twenty-five thousand (25,000).
Population data used in this subsection refer to population data reported by the 1990 federal decennial census.
(b) The definitions in IC 6-1.1-12.1 (as in effect before January 1, 1994) apply throughout this section.
(c) A taxpayer that is otherwise eligible for a tax deduction under IC 6-1.1-12.1 (as in effect before January 1, 1994) but failed to:
(1) designate or expand the boundaries of an economic revitalization area;
(2) file a statement of benefits or other information with the designating body;
(3) have a statement of benefits approved by a designating body;
(4) have a deduction under IC 6-1.1-12.1 (as in effect before January 1, 1994) granted by a designating body; or
(5) have the designating body make the findings of fact required under IC 6-1.1-12.1 (as in effect before January 1, 1994);
before installing new manufacturing equipment or initiating redevelopment or rehabilitation in an economic revitalization area, is entitled to a tax deduction under IC 6-1.1-12.1 (as in effect before January 1, 1994) on property for assessment years after 1993 to the same extent as if the taxpayer had installed new manufacturing equipment or initiated redevelopment or rehabilitation after the actions described in subdivisions (1) through (5).
(d) The state board of tax commissioners and the county auditor in the county where the property is located shall approve the taxpayer's application for a deduction under IC 6-1.1-12.1 (as in effect before January 1, 1994) on the property as soon as feasible after May 10, 1995.
(e) This section applies only to property taxes first due and payable after 1994.
Sec. 9. (a) This section applies to a city having a population:
(1) of more than fifteen thousand (15,000) but less than fifteen thousand four hundred (15,400); and
(2) as determined by the 1990 federal decennial census.
(b) The definitions in IC 6-1.1-12.1 (as in effect before May 10, 1995) apply throughout this section.
(c) Notwithstanding any other law, a designating body's actions taken after July 1, 1991, and before December 31, 1992, in:
(1) designating an economic revitalization area; or
(2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment for which a person desires to claim a deduction under IC 6-1.1-12.1 (as in effect before May 10, 1995) are legalized and validated.
(d) Notwithstanding any other law, a review shall be made of timely filed deduction applications for actions legalized and validated under this section for the purpose of granting deductions under IC 6-1.1-12.1 (as in effect before May 10, 1995) for assessment years after 1991.
Sec. 10. (a) This section applies to a county having a population:
(1) of more than nine thousand (9,000) but less than nine thousand five hundred (9,500); and
(2) as determined by the 1990 federal decennial census.
(b) The definitions in IC 6-1.1-12.1-1 (as in effect before May 10, 1995) apply throughout this section.
(c) Notwithstanding any other law, a designating body's actions taken before December 31, 1994, in:
(1) designating an economic revitalization area; or
(2) approving a statement of benefits;
after the initiation of the installation of new manufacturing equipment or after the initiation of the rehabilitation or redevelopment of real estate for which a person desires to claim a deduction under IC 6-1.1-12.1 (as in effect before May 10, 1995) are legalized and validated.
(1) are transferred to the Indiana board of tax review; and
(2) are subject to the law in effect before amendments under P.L.198-2001.
The state board of tax commissioners shall transfer to the Indiana board of tax review by January 1, 2002, the records relating to each petition for review referred to in this section.
(b) Notwithstanding section 1(b)(2), 1(c), and 1(d) of this chapter, in order to appeal an assessment of real property and have a change in the assessment effective for the assessment date in 2002, 2003, or 2004, the taxpayer must, in the manner provided by section 1 of this chapter, as amended by P.L.1-2004, file a
written request for a preliminary conference with the township
assessor not later than forty-five (45) days after:
(1) a notice of a change of assessment for the assessment date
is given to the taxpayer; or
(2) the taxpayer receives a tax statement for the property
taxes that are based on the assessment for the assessment
date;
whichever occurs first.
(c) An appeal of a taxpayer under subsection (b) must comply
with all other requirements applicable to an appeal under this
chapter, except that the provisions of section 1(b)(2), 1(c), and 1(d)
of this chapter that prohibit appeals of:
(1) an assessment for an assessment date in 2002 that is filed
after May 10, 2002, apply to property taxes imposed for that
assessment date;
(2) an assessment for an assessment date in 2003 that is filed
after May 10, 2003, apply to property taxes imposed for that
assessment date; or
(3) an assessment for an assessment date in 2004 that is filed
after May 10, 2004, apply to property taxes imposed for that
assessment date.
Chapter 20.1. P.L.146-2008 Property Tax Credits
Sec. 1. (a) The definitions in IC 6-1.1-20.9 (before its repeal) and IC 6-1.1-21 (before its repeal) apply throughout this section.
(b) A taxpayer that is entitled to a standard deduction under IC 6-1.1-12-37 for property taxes assessed for the March 1, 2008, and January 15, 2009, assessment dates is entitled to a homestead
credit under this section against the property tax liability (as
described in IC 6-1.1-21-5 (before its repeal)) imposed against the
taxpayer's homestead for the March 1, 2008, and January 15, 2009,
assessment dates.
(c) The amount of the credit to which an owner is entitled under
this section equals the product of:
(1) the percentage prescribed in subsection (d)(3); multiplied
by
(2) the amount of the individual's property tax liability (as
described in IC 6-1.1-21-5 (before its repeal)) that is:
(A) attributable to the homestead during the particular
calendar year; and
(B) determined after the application of all deductions from
assessed valuation that the owner claims under IC 6-1.1-12
or IC 6-1.1-12.1 for property and the property tax
replacement credit under IC 6-1.1-21 (before its repeal).
(d) The county auditor of each county shall determine:
(1) the amount of the county's homestead credit allotment
determined under subsection (e);
(2) the amount of uniformly applied homestead credits for the
year in the county that equals the amount determined under
subdivision (1); and
(3) the percentage of homestead credit that equates to the
amount of homestead credits determined under subdivision
(2).
(e) There is granted under this section a total of one hundred
forty million dollars ($140,000,000) of homestead credits. The
homestead credits shall be distributed to each county as prescribed
in subsection (f). Before distribution, the department of local
government finance shall certify each county's homestead credit
allotment to the department of state revenue and to each county
auditor.
(f) Each county's certified homestead credit allotment, which
shall be calculated by the budget agency, shall be determined under
the following STEPS:
STEP ONE: For each county, determine the total property tax
liability of all homestead properties in the county for the most
recent calendar year before the application of any credits.
STEP TWO: For each county, determine the total property
tax liability of all homestead properties resulting from
property tax levies that are eliminated or replaced by
P.L.146-2008 for the most recent calendar year, before the
application of any credits.
STEP THREE: Subtract the STEP TWO amount from the
STEP ONE amount.
STEP FOUR: Determine the sum of the amounts determined
under STEP THREE.
STEP FIVE: Divide the amount determined in STEP THREE
by the amount determined in STEP FOUR.
STEP SIX: Multiply the result of STEP THREE by one
hundred forty million dollars ($140,000,000).
(g) Each county's homestead credit allotment authorized in this
section shall be distributed to that county not more than two (2)
weeks after the county mails a property tax bill for which the
homestead credit under this section is granted.
(h) In addition to any other appropriations, there is
appropriated one hundred forty million dollars ($140,000,000)
from the state general fund to make distributions for the
homestead credits provided by this section for property taxes
assessed for the March 1, 2008, and January 15, 2009, assessment
dates. Money distributed under this subsection shall be treated as
property taxes for all purposes. The appropriation made in this
section is the same appropriation as, and is not in addition to, the
appropriation made by P.L.146-2008, SECTION 849.
(i) The department of local government finance, the department
of state revenue, and the budget agency shall take the actions
necessary to carry out this section. The department of local
government finance and the budget agency shall make the
certifications required under this section based on the best
information available at the time the certification is made.
Sec. 2. (a) The definitions in IC 6-1.1-20.9 (before its repeal) and
IC 6-1.1-21 (before its repeal) apply throughout this section.
(b) A taxpayer that is entitled to a standard deduction under
IC 6-1.1-12-37 for property taxes assessed for the March 1, 2009,
and January 15, 2010, assessment dates is entitled to a homestead
credit under this section against the property tax liability (as
described in IC 6-1.1-21-5 (before its repeal)) imposed against the
taxpayer's homestead for the March 1, 2009, and January 15, 2010,
assessment dates.
(c) The amount of the credit to which an owner is entitled under
this section equals the product of:
(1) the percentage prescribed in subsection (d)(3); multiplied
by
(2) the amount of the individual's property tax liability (as
described in IC 6-1.1-21-5 (before its repeal)) that is:
(A) attributable to the homestead during the particular
calendar year; and
(B) determined after the application of all deductions from
assessed valuation that the owner claims under IC 6-1.1-12
or IC 6-1.1-12.1 for property and the property tax
replacement credit under IC 6-1.1-21.
(d) The county auditor of each county shall determine:
(1) the amount of the county's homestead credit allotment
determined under subsection (e);
(2) the amount of uniformly applied homestead credits for the
year in the county that equals the amount determined under
subdivision (1); and
(3) the percentage of homestead credit that equates to the
amount of homestead credits determined under subdivision
(2).
(e) There is granted under this section a total of eighty million
dollars ($80,000,000) of homestead credits. The homestead credits
shall be distributed to each county as prescribed in subsection (f).
Before distribution, the department of local government finance
shall certify each county's homestead credit allotment to the
department of state revenue and to each county auditor.
(f) Each county's certified homestead credit allotment, which
shall be calculated by the budget agency, shall be determined under
the following STEPS:
STEP ONE: For each county, determine the total of state
homestead credits granted in the county for the most recent
calendar year.
STEP TWO: Determine the sum of the amounts determined
under STEP ONE.
STEP THREE: Divide the amount determined in STEP ONE
by the amount determined in STEP TWO.
STEP FOUR: Multiply the result of STEP THREE by eighty
million dollars ($80,000,000).
(g) Each county's homestead credit allotment authorized in this
section shall be distributed to that county not more than two (2)
weeks after the county mails a property tax bill for which the
homestead credit under this section is granted.
(h) In addition to any other appropriations, there is
appropriated eighty million dollars ($80,000,000) from the state
general fund to make distributions for the homestead credits
provided by this section for property taxes assessed for the March
1, 2009, and January 15, 2010, assessment dates. Money distributed
under this subsection shall be treated as property taxes for all
purposes. The appropriation made in this section is the same
appropriation as, and is not in addition to, the appropriation made
by P.L.146-2008, SECTION 850.
(i) The department of local government finance, the department
of state revenue, and the budget agency shall take the actions
necessary to carry out this section. The department of local
government finance and the budget agency shall make the
certifications required under this section based on the best
information available at the time the certification is made.
(1) Lake County and St. Joseph County are counties for which limits to property tax liability under this chapter (and as described in the proposed subsection (h) of Article 10, Section 1 of the Constitution of the State of Indiana as included in Senate Joint Resolution 1 of the 2008 session of the general assembly) are expected to reduce in 2010 the aggregate property tax revenue that would otherwise be collected by all units of local government and school corporations in the county by at least twenty percent (20%).
(2) Lake County and St. Joseph County are each an eligible county for purposes of:
(A) the proposed subsection (h) of Article 10, Section 1 of the Constitution of the State of Indiana as included in Senate Joint Resolution 1 of the 2008 session of the general assembly; and
(B) this chapter.
(1) was enacted before January 1, 2002;
(2) has not been codified as part of the Indiana Code; and
(3) requires the state board of tax commissioners to take an action after December 31, 2001.
(b) Notwithstanding any other law, all loans, loan agreements, or similar arrangements between the department and a qualified entity are legalized and declared valid if these loans, loan agreements, or similar arrangements have been delivered and the department has lent money according to the loans, loan agreements, or similar arrangements before March 5, 1988. All proceedings had and actions taken with respect to these loans, loan agreements, or similar arrangements are fully legalized and declared valid.
(c) Any economic development district created by any qualified entity before March 5, 1988, is legalized and declared valid and is declared a special taxing district that provides special benefits to taxpayers in the economic development district by providing local public improvements that are of public use and benefit. Any indebtedness of the unit created before March 5, 1988, for local public improvements shall be considered debt of the special taxing district and not the general obligation of the unit that established the economic development district.
(b) A brownfield revitalization zone that was established or a deduction in a brownfield revitalization zone that was granted after June 30, 1997, and before May 3, 1999, in response to an applicant that:
(1) had an ownership interest in an entity that contributed; or
(2) contributed;
a contaminant (as defined in IC 13-11-2-42) that is the subject of a voluntary remediation under IC 13-25-5 is void to the same extent as if P.L.119-1999 had been part of P.L.59-1997.
Chapter 0.1. Application
Sec. 1. The addition of this article by P.L.192-2002(ss) applies to taxable years beginning after December 31, 2002.
Sec. 2. (a) The department shall adopt the initial rules and prescribe the initial forms to implement this article, as added by P.L.192-2002(ss), before December 1, 2002. The department of state revenue may adopt the initial rules required under this section in the same manner that emergency rules are adopted under IC 4-22-2-37.1. A rule adopted under this section expires on the earlier of the following:
(1) The date that the rule is superseded, amended, or repealed by a permanent rule adopted under IC 4-22-2 or another rule adopted under this section.
(2) July 1, 2004.
(b) The addition of this article by P.L.192-2002(ss) applies to taxable years beginning after December 31, 2002, and to short taxable years described in subsection (c).
(c) This subsection applies to a taxpayer that was doing business in Indiana during a taxable year determined under the Internal Revenue Code for federal income tax purposes that:
(1) begins before January 1, 2003; and
(2) ends after December 31, 2002.
The initial taxable year for a taxpayer under this article, as added by P.L.192-2002(ss), is a short taxable year. Notwithstanding IC 6-2.3-1-11, as added by P.L.192-2002(ss), the initial taxable year of a taxpayer under this article, as added by P.L.192-2002(ss), begins January 1, 2003. The initial taxable year of the taxpayer ends on the day immediately preceding the day that the taxpayer's next taxable year under the Internal Revenue Code begins.
(d) The one thousand dollar ($1,000) basic deduction
(IC 6-2.3-5-1) and the resource recovery system depreciation
deduction (IC 6-2.3-5-3) for the tax imposed under this article, as
added by P.L.192-2002(ss), for the initial taxable year of the
taxpayer is equal to the deduction computed under this article for
the taxpayer's full taxable year under the Internal Revenue Code
multiplied by a fraction. The numerator of the fraction is the
number of days remaining in the taxpayer's taxable year after
December 31, 2002, and the denominator is the total number of
days in the taxable year under the Internal Revenue Code for the
purposes of federal income taxation.
entities contracting with commercial printers.
(1) were imposed on the individual's principal place of residence for the March 1, 2006, assessment date or the January 15, 2007, assessment date;
(2) are due after December 31, 2007; and
(3) are paid on or before the due date for the property taxes.
(b) As used in this section, "adjusted gross income" has the meaning set forth in IC 6-3-1-3.5.
(c) An individual described in subsection (a) is entitled to a deduction from the individual's adjusted gross income for a taxable year beginning after December 31, 2007, and before January 1, 2009, in an amount equal to the amount determined in the following STEPS:
STEP ONE: Determine the lesser of:
(A) two thousand five hundred dollars ($2,500); or
(B) the total amount of property taxes imposed on the individual's principal place of residence for the March 1, 2006, assessment date or the January 15, 2007, assessment date and paid in 2007 or 2008.
STEP TWO: Determine the greater of zero (0) or the result of:
(A) the STEP ONE result; minus
(B) the total amount of property taxes that:
(i) were imposed on the individual's principal place of residence for the March 1, 2006, assessment date or the January 15, 2007, assessment date;
(ii) were paid in 2007; and
(iii) were deducted from the individual's adjusted gross income under IC 6-3-1-3.5(a)(17) by the individual on the individual's state income tax return for a taxable year beginning before January 1, 2008.
(d) The deduction under this section is in addition to any deduction that an individual is otherwise entitled to claim under IC 6-3-1-3.5(a)(17). However, an individual may not deduct under IC 6-3-1-3.5(a)(17) any property taxes deducted under this section.
Chapter 8.1. Supplemental Net Income Tax Filings
Sec. 1. This chapter applies to a taxpayer that:
(1) was subject to the supplemental net income tax under IC 6-3-8 (before its repeal) before January 1, 2003; and
(2) has a taxable year that begins before January 1, 2003, and ends after December 31, 2002.
Sec. 2. A taxpayer shall file the taxpayer's estimated supplemental net income tax return and pay the taxpayer's estimated supplemental net income tax liability to the department of state revenue as provided by law for due dates that occur before January 1, 2003.
Sec. 3. Not later than April 15, 2003, a taxpayer shall file a final supplemental net income tax return with the department of state revenue on a form and in the manner prescribed by the department of state revenue. At the time of filing the final supplemental net income tax return, a taxpayer shall pay to the department of state revenue an amount equal to the remainder of:
(1) the total supplemental net income tax liability incurred by the taxpayer for the part of the taxpayer's taxable year that occurred in calendar year 2002; minus
(2) the sum of:
(A) the total amount of supplemental net income taxes that was previously paid by the taxpayer to the department of state revenue for any quarter of that same part of the taxpayer's taxable year; plus
(B) any supplemental net income taxes that were withheld from the taxpayer for that same part of the taxpayer's taxable year.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The addition of this
chapter by P.L.191-2005 applies to taxable years beginning after
December 31, 2005.
(b) Each individual provision of P.L.191-2005 is fully severable.
If a provision requiring an agreement executed under section 19 of
this chapter, as added by P.L.191-2005, to include a particular
term is declared invalid, the invalidity of the provision does not
affect the validity of:
(1) the other provisions of this chapter, as added by
P.L.191-2005;
(2) the other terms of the agreement executed under section
19 of this chapter, as added by P.L.191-2005; or
(3) a tax credit awarded under this chapter, as added by
P.L.191-2005.
Chapter 0.7. Status of Certain Property Tax Credits
Sec. 1. Notwithstanding the repeal of IC 6-1.1-20.9 by P.L.146-2008, a provision in this article that refers to a credit as an additional homestead credit, an increased homestead credit, or a credit for property that is eligible for a homestead credit under IC 6-1.1-20.9 (repealed by P.L.146-2008) shall be treated after December 31, 2008, as continuing to permit a grant of a homestead credit against the property tax liability imposed on property that is eligible for a standard deduction under IC 6-1.1-12-37. The credit shall be calculated in the same manner as the credits were calculated before January 1, 2009.
Sec. 2. Notwithstanding the repeal of IC 6-1.1-21 by P.L.146-2008, a provision in this article that refers to a credit as an additional property tax replacement credit or an increased property tax replacement credit shall be treated after December 31, 2008, as continuing to permit the grant of a property tax replacement credit against property tax liability. The credit shall be calculated in the same manner as the credits were calculated before January 1, 2009.
Chapter 0.8. Adoption of Certain Ordinances Relating to a County Adjusted Gross Income Tax or A County Option Income Tax
Sec. 1. Notwithstanding any provision in IC 6-3.5-1.1 (including the August 1 deadlines applicable under IC 6-3.5-1.1-24(a), IC 6-3.5-1.1-24(b), IC 6-3.5-1.1-25(i), and IC 6-3.5-1.1-26(e)), a county council may in 2009 adopt an additional county adjusted gross income tax rate under IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or IC 6-3.5-1.1-26 at any time before November 1, 2009.
Sec. 2. Notwithstanding any provision in IC 6-3.5-6 (including the August 1 deadlines applicable under IC 6-3.5-6-30(a), IC 6-3.5-6-30(b), IC 6-3.5-6-31(i), and IC 6-3.5-6-32(e)), a county income tax council or county council, as applicable, may in 2009 adopt an additional county option income tax rate under IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32 at any time before November 1, 2009.
Sec. 3. Notwithstanding any provision of IC 6-3.5-1.1 or IC 6-3.5-6, any additional county adjusted gross income tax rate adopted in 2009 under IC 6-3.5-1.1-24, IC 6-3.5-1.1-25, or IC 6-3.5-1.1-26 and any additional county option income tax rate adopted in 2009 under IC 6-3.5-6-30, IC 6-3.5-6-31, or IC 6-3.5-6-32 take effect as follows:
(1) In the case of an ordinance adopted before October 1, 2009, the tax rate takes effect October 1, 2009.
(2) In the case of an ordinance adopted after September 30, 2009, and before October 16, 2009, the tax rate takes effect November 1, 2009.
(3) In the case of an ordinance adopted after October 15, 2009, and before November 1, 2009, the tax rate takes effect December 1, 2009.
(1) The amendments made to section 7 of this chapter by P.L.33-1990 apply to vehicles registered after December 31, 1990.
(2) The addition of section 7.3 of this chapter by P.L.33-1990 applies to vehicles registered after December 31, 1990.
(1) was adopted before April 29, 2007; and
(2) would have been in compliance with section 28 of this
chapter, as amended by P.L.224-2007, if P.L.224-2007 had
been enacted before the ordinance was adopted;
is legalized and validated to the same extent as if P.L.224-2007 had
been enacted before the ordinance was adopted.
(1) Any action taken by a county income tax council in adopting the county economic development income tax, if the action would have been valid under section 5 of this chapter, as amended by P.L.28-1993.
(2) Any action of a county in adopting a capital improvement plan under section 15 of this chapter, if the action would have been valid under this chapter, as amended by P.L.28-1993.
(1) Lineal ancestor of the transferor.
(2) Lineal descendant of the transferor.
(3) Stepchild of the transferor, whether or not the stepchild is adopted by the transferor.
(4) Lineal descendant of a stepchild of the transferor, whether or not the stepchild is adopted by the transferor.
(b) "Class B transferee" means a transferee who is a:
(1) brother or sister of the transferor;
(2) descendant of a brother or sister of the transferor; or
(3) spouse, widow, or widower of a child of the transferor.
(c) "Class C transferee" means a transferee, except a surviving spouse, who is neither a Class A nor a Class B transferee.
(d) For purposes of this section, a legally adopted child is to be treated as if the child were the natural child of the child's adopting parent if the adoption occurred before the individual was totally emancipated. However, an individual adopted after being totally emancipated shall be treated as the natural child of the adopting parent if the adoption was finalized before July 1, 2004.
(e) For purposes of this section, if a relationship of loco parentis has existed for at least ten (10) years and if the relationship began before the child's fifteenth birthday, the child is to be considered the natural child of the loco parentis parent.
(f) As used in this section, "stepchild" means a child of the transferor's surviving, deceased, or former spouse who is not a child of the transferor.
(1) The amendments made to section 4 of this chapter by P.L.58-1990 do not apply to decedents who die before January 1, 1991.
(2) The amendments made to sections 2 and 3 of this chapter by P.L.78-1993 do not apply to individuals who die before July 1, 1993.
(1) The amendments made to sections 1, 2, and 7 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
(2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2005.
(1) The addition of section 4.6 of this chapter by P.L.26-1985 applies to property belonging to decedents who die after June 30, 1986.
(2) The amendments made to section 5 of this chapter by P.L.6-1999 apply to the estate of an individual who dies after June 30, 1999.
(1) The amendments made to section 2 of this chapter by P.L.78-1993 do not apply to individuals who die before July 1, 1993.
(2) The amendments made to section 3 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
(1) The amendments made to sections 1 and 14 of this chapter by P.L.98-1989 apply to boating years beginning after December 31, 1989.
(2) The addition of section 5.5 of this chapter by P.L.98-1989 applies to boating years beginning after December 31, 1989.
(3) The amendments made to sections 5 and 14 of this chapter by P.L.33-1990 apply to vehicles registered after December 31, 1990.
(4) The addition of section 9.5 of this chapter by P.L.33-1990 applies to vehicles registered after December 31, 1990.
December 31, 2003.
(b) The addition of this chapter by P.L.93-1995 applies to taxable years beginning after December 31, 1995.
(b) As used in this section, "fund" refers to the convention and exhibition center fund established under section 6 of this chapter.
(c) Notwithstanding section 6 of this chapter, expenditures made from the fund to promote tourism in St. Joseph County are legalized and validated, regardless of whether the money was directly used by the special funds board of managers to promote a convention and exhibition center.
(b) On July 1, 2001, the property and obligations of the alcoholic beverage commission, the Indiana alcoholic beverage commission, or the alcoholic beverage commission of Indiana are transferred to
the alcohol and tobacco commission.
(c) An action taken by the alcoholic beverage commission, the
Indiana alcoholic beverage commission, or the alcoholic beverage
commission of Indiana before July 1, 2001, shall be treated after
June 30, 2001, as if it were originally taken by the alcohol and
tobacco commission.
(1) The addition of section 28 of this chapter by P.L.204-2001 applies only to applications submitted after June 30, 2001.
(2) The amendments made to sections 5.5 and 5.6 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with sections 5.5 and 5.6 of this chapter, as appropriate, as the provision was effective at the time the application was submitted.
(1) The amendments made to sections 18, 20, and 21 of this chapter by P.L.204-2001 supersede 905 IAC 1-41-2(c), as in effect on January 1, 2001.
(2) The amendments made to section 11.5 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with section 11.5, as appropriate, as the provision was effective at the time the application was submitted.
(3) The addition of section 16.1 of this chapter by P.L.72-2004 applies to an application for a permit received after June 30, 2004.
amendments made to sections 3, 5, 5.2, and 5.4 of this chapter by
P.L.72-2004, the residency requirement of five (5) years for beer
wholesalers under sections 3, 5, 5.2, and 5.4 of this chapter (as
those provisions existed on June 30, 2004) shall remain in effect for
all contracts entered into before July 1, 2004, under which a permit
is to be transferred from an Indiana resident to a person who was
not an Indiana resident at the time of execution of the contract.
(1) The amendments made to section 1 of this chapter by P.L.94-2008 apply to crimes committed after June 30, 2008.
(2) The amendments made to section 8 of this chapter by P.L.94-2008 apply only to offenses committed after June 30, 2008.
of this chapter by P.L.80-1986 does not apply to actions accruing
before April 1, 1986.
(1) implemented in an equitable and a uniform manner throughout Indiana; and
(2) enforced to ensure the eligibility for and receipt of any federal funds or grants that the state receives or may receive relating to P.L.256-1996.
(1) to which section 8 of this chapter, as added by P.L.204-2001, applies; and
(2) that was imposed by a court before July 1, 2001;
before August 1, 2001, without the imposition of a late payment penalty or interest under section 8 of this chapter, as added by P.L.204-2001. After July 30, 2001, late payment penalties and interest shall be added to the civil penalty as if section 8 of this chapter, as added by P.L.204-2001, were in effect on the date that the civil penalty was imposed.
(b) After June 30, 1987, any reference to the public service commission of Indiana shall be construed as a reference to the commission.
amended by P.L.93-1993, the effective date for the implementation
of the amendments made to section 103 of this chapter by
P.L.93-1993, is July 1, 1993.
(1) The development of coal gasification facilities in Indiana that would use local coal resources for the production of substitute natural gas is in the public interest for purposes of:
(A) reducing the reliance of Indiana energy utilities on gas imports;
(B) mitigating price and supply risk;
(C) improving price stability; and
(D) promoting economic development and job creation.
(2) Coal gasification is encouraged by federal policies intended to increase the energy independence of the United States, including through the availability of tax incentives and loan guarantees.
(3) Indiana has the necessary resources and infrastructure suitable for development of coal gasification facilities.
(4) The receipt of federal incentives for the development, construction, and financing of new coal gasification facilities in Indiana will be enhanced by Indiana energy utilities entering into long term contracts for the purchase of substitute natural gas produced by such facilities.
(5) It is necessary to allow Indiana energy utilities to recover, through rate adjustments for the utility's customers, costs incurred from entering into supply contracts for substitute natural gas in order to promote the creation of such contracts without causing Indiana energy utilities to incur undue risk.
(1) was established before January 1, 1983, under IC 8-1-2-100 (before its repeal and formerly Acts 1913, c.76, s.109, as amended);
(2) has continued in existence without interruption since its creation; and
(3) was established without submitting the question of its creation to the voters of the municipality for approval in a
referendum;
is legalized and its actions validated.
(1) The amendments made to section 2 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.
(2) The addition of sections 7.5 and 9.1 of this chapter by P.L.42-2007 applies to registrations and fees due after December 31, 2006.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a)(1) and (a)(2), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of Transportation.
(2) January 1, 2008.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified
carrier registration system established under 49 U.S.C. 13908
as required by an act of the Congress of the United States or
by a regulation of the United States Department of
Transportation.
(2) January 1, 2008.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of Transportation.
(2) January 1, 2008.
(1) Notwithstanding the amendments made to section 18 of this chapter by P.L.219-2003, the requirement that 49 CFR 383 and 384 be incorporated into Indiana law by reference, as provided by section 18 of this chapter, as amended by P.L.219-2003, does not apply before July 1, 2005.
(2) The amendments made to sections 1, 3, 4, 11, 12, 20, and 21 of this chapter by P.L.42-2007 apply to registrations and fees due after December 31, 2006.
(b) If the effective date for the repeal of the single state registration system established under 49 U.S.C. 11506 is delayed by the Congress of the United States, the provisions listed in subsection (a)(2), as they existed on December 31, 2006, shall be applied in Indiana until the earlier of the following:
(1) The date a state is required to conform to the unified carrier registration system established under 49 U.S.C. 13908 as required by an act of the Congress of the United States or by a regulation of the United States Department of
Transportation.
(2) January 1, 2008.
(1) is legalized; and
(2) may be enforced after May 11, 1993.
(b) The Indiana department of transportation shall conduct a review of crossing safety levels at all crossings to which an ordinance legalized under this section applies. The department shall complete a study required by this subsection not later than one (1) year after April 27, 1993.
(c) If the Indiana department of transportation finds, based upon the results of the department's review under subsection (b), that the crossing safety level at a crossing to which an ordinance legalized under this section applies creates an undue risk of harm to the public, the department shall, after consulting with the railroad and the municipality, develop a program to increase crossing safety at the crossing to an acceptable level, as determined by the department.
(d) A program to increase crossing safety under subsection (c) must be decided after an evaluation of all remedies available to the Indiana department of transportation and the costs and benefits of each remedy. The department must consider the following in an evaluation of the costs and benefits of each remedy upon the municipality:
(1) The degree to which the remedy is likely to increase safety at the crossing.
(2) The economic impact of the cost of the remedy, including possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the municipality.
(1) is legalized; and
(2) may be enforced on May 12, 1993.
(b) The Indiana department of transportation shall conduct a
review of crossing safety levels at all crossings to which an
ordinance legalized under this section applies. The department
shall complete a study required by this subsection not later than
April 27, 1994.
(c) If the Indiana department of transportation finds, based
upon the results of the department's review under subsection (b),
that the crossing safety level at a crossing to which an ordinance
legalized under this section applies creates an undue risk of harm
to the public, the department shall, after consulting with the
railroad and the municipality, develop a program to increase
crossing safety to an acceptable level, as determined by the
department, at the crossing.
(d) A program to increase crossing safety under subsection (c)
must be decided after an evaluation of all remedies available to the
Indiana department of transportation and the costs and benefits of
each remedy. The department must consider the following in an
evaluation of the costs and benefits of each remedy upon the
municipality:
(1) The degree to which the remedy is likely to increase safety
at the crossing.
(2) The economic impact of the cost of the remedy, including
possible cost-sharing mechanisms.
(3) The impact of the remedy upon the environment in the
municipality.
(b) On April 1, 1988, all records and property of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor agency.
(b) The rights of the trustee under any trust agreement or indenture and the rights of the bondholders of the Indiana toll
finance authority remain unchanged, although the powers, duties,
and liabilities of the Indiana toll finance authority have been
transferred to the Indiana transportation finance authority.
(b) As used in this section, "ports of Indiana" means the ports of Indiana established by section 3 of this chapter, as amended by P.L.98-2008.
(c) After June 30, 2008, a reference to the Indiana port commission in a statute, a rule, or another document is considered a reference to the ports of Indiana, as the successor entity.
(1) the total number of qualified motor vehicles owned by the political subdivision; multiplied by
(2) thirty-three dollars and thirty-three cents ($33.33).
(1) contains a written verification that the incentive payment claim is made under penalties of perjury; and
(2) sets forth:
(A) the total number of qualified motor vehicles owned by the political subdivision;
(B) the total amount of E85 purchased by the political subdivision in the preceding calendar month for use in each qualified motor vehicle described in clause (A); and
(C) the total amount of motor fuel purchased for use in each qualified motor vehicle described in clause (A).
(k) A political subdivision may not claim an E85 incentive payment for any purchase of E85 occurring after December 31, 2014.
(1) The addition of section 1.1 of this chapter by P.L.116-1989 applies to all accounts receivable that are found to be
uncollectible on July 1, 1989, and to accounts that are found
to be uncollectible after June 30, 1989.
(2) The amendments made to section 5 of this chapter by
P.L.133-2007 apply only to public works contracts entered
into after June 30, 2007.
(1) the issuance of a request for proposals;
(2) the determination of responsible and eligible offerors; and
(3) the preliminary selection of an operator by the authority;
for a public-private agreement before March 15, 2006, that would have been valid under this article, as added by P.L.47-2006, are legalized and validated.
(b) The provisions of section 33 of this chapter governing the transfer of assets apply to all assets held for the use of the board of aviation commissioners on January 25, 1985. Assets held for the use of the board of aviation commissioners on that date may not be transferred for the use of any other board or department of local government after that date, except as provided in section 3 of this chapter.
board of the Indianapolis Airport Authority (described in section
4.1 of this chapter) a member from a county, described in section
4.1(e) of this chapter, that is located in close proximity to a certified
air carrier airport described in this section.
Chapter 0.1. Effect of 1991 Recodification
Sec. 1. (a) P.L.2-1991 is intended to be a codification and restatement of applicable or corresponding provisions repealed by P.L.2-1991, SECTION 109. If P.L.2-1991 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.
(b) P.L.2-1991 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 1991. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.2-1991 had not been enacted.
(c) A reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1991 shall be treated after July 1, 1991, as a reference to the new provision.
Sec. 2. The general assembly may, by concurrent resolution, preserve any of the background materials related to P.L.2-1991.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. Notwithstanding the
amendments made to section 161 of this chapter by P.L.219-2003,
the inclusion of "commercial motor vehicle" within the definition
of "school bus" and the specification that a school bus may be used
to transport preschool, elementary, or secondary school children,
as provided by section 161 of this chapter, as amended by
P.L.219-2003, does not apply before July 1, 2005.
(b) On July 1, 2003, the board becomes the owner of all the personal property and assets and assumes the obligations and liabilities of the driver licensing advisory committee, as abolished by P.L.208-2003.
(1) The addition of sections 4 and 5 of this chapter by P.L.248-2003 applies only to acts committed after June 30, 2003.
(2) The addition of sections 4 and 5 of this chapter by
P.L.265-2003 applies only to acts committed after June 30,
2003.
(1) The addition of section 55 of this chapter by P.L.75-2006 applies only to offenses committed after June 30, 2006.
(2) The addition of section 56 of this chapter by P.L.40-2007 applies to offenses committed after June 30, 2007.
(3) The amendments made to section 52 of this chapter by P.L.70-2009 apply only to crimes committed after June 30, 2009.
(1) that was towed by a towing service from private property before May 2, 2001;
(2) that is in possession of a towing service company on May 2, 2001;
(3) that could have been removed from private property under sections 15 and 16 of this chapter, both as amended by P.L.108-2001, if P.L.108-2001 were in effect at the time that the towing service removed the abandoned vehicle from the private property; and
(4) for which the towing service has not received payment for the towing charges accruing from removal of the vehicle from private property.
(b) The towing service may post the notice tag required by
section 15 of this chapter, as amended by P.L.108-2001, on a
picture of the abandoned vehicle and place the notice tag and
picture in a prominent place on the private property from which
the abandoned vehicle was towed for the time required by section
15 of this chapter, as amended by P.L.108-2001. The name and
address on the notice tag may be the name and address of the
owner of the private property or the name and address of the
towing service. The notice tag must state the address where the
vehicle is located. Compliance with this subsection shall be treated
as compliance with section 15 of this chapter, as amended by
P.L.108-2001.
(c) A towing service may recover costs incidental to the removal
and storage of an abandoned vehicle that accrued before May 2,
2001, to the same extent as if the costs were accrued after May 2,
2001.
(1) IC 9-23-1;
(2) IC 9-23-2;
(3) IC 9-23-3; and
(4) IC 9-23-6;
are considered, after June 30, 2007, rules of the secretary of state.
(1) Notwithstanding the amendments made to section 1 of this chapter by P.L.219-2003, this chapter does not apply to a motor vehicle that is used as a school bus, that is designed to carry more than fifteen (15) passengers, including the driver, and that is exempt under 49 U.S.C. 521, 49 U.S.C. 31104, and 49 U.S.C. 31301 through 31306, or applicable federal regulations, as provided by section 1 of this chapter, as amended by P.L.219-2003, before July 1, 2005.
(2) Notwithstanding the amendments made to section 2 of this chapter by P.L.219-2003:
(A) the requirement that the rules adopted by the bureau to regulate persons required to hold a commercial driver's license shall carry out 49 CFR 384;
(B) the prohibition against the rules adopted by the bureau to regulate persons required to hold a commercial driver's license being more restrictive than the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748); and
(C) the adoption of 49 CFR 384 as Indiana law;
as provided by section 2 of this chapter, as amended by P.L.219-2003, do not apply before July 1, 2005.
(1) The amendments made to sections 1, 2, 6, 8, and 9 of this chapter by P.L.126-2008 apply only to crimes committed after June 30, 2008.
(2) The addition of section 1.5 of this chapter by P.L.126-2008 applies only to crimes committed after June 30, 2008.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If P.L.291-2001 imposes an
additional service fee under section 4, 6, 7, 8, 9, 10, 11, 12, 14, or 18
of this chapter that is payable into a fund other than the state
motor vehicle technology fund established by IC 9-29-16, the
general assembly intends that both the service fees imposed under
P.L.291-2001 and P.L.176-2001 shall be collected.
(1) The amendments made to section 5 of this chapter by P.L.82-2004 apply only to offenses committed after June 30, 2004.
(2) The amendments made to sections 3 and 10 of this chapter by P.L.126-2008 apply only to crimes committed after June 30, 2008.
this chapter, or both in the manner provided for emergency rules
under IC 4-22-2-37.1.
(b) A rule adopted under this section is effective when it is filed
with the secretary of state and expires on the latest of the
following:
(1) The date that the director adopts another emergency rule
under this section to amend, repeal, or otherwise supersede
the previously adopted emergency rule.
(2) The date that the director adopts a permanent rule under
IC 4-22-2 to amend, repeal, or otherwise supersede the
previously adopted emergency rule.
(3) July 1, 2001.
(c) For the purposes of IC 9-30-7-4, IC 14-15-8-14, and other
statutes, the provisions of a rule adopted under this section shall be
treated as a requirement under section 5 of this chapter, section 6
of this chapter, or both as appropriate.
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before April 1, 1984. Such rights, liabilities, and proceedings are continued, and punishments, penalties, or forfeitures shall be imposed and enforced under IC 9-4-13 as if P.L.107-1985 had not been enacted.
(b) All crimes committed before April 1, 1984, under IC 9-4-13 shall be prosecuted and, except for the provisions pertaining to the granting of probation in IC 9-4-13-10, shall remain punishable under IC 9-4-13 as if P.L.107-1985 had not been enacted.
(c) Notwithstanding subsections (a) and (b), any period of suspension of a person's driving privileges that is imposed under IC 9-12 (as added by P.L.107-1985, before its repeal, now codified in this chapter) shall be construed to supersede any period of suspension that is imposed under IC 9-4-13 and shall not be added to that period.
(d) Any probation originally imposed under IC 9-4-13 before April 1, 1984, shall be imposed and enforced under the provisions of IC 9-12 (as added by P.L.107-1985, before its repeal, now
codified in this chapter).
(b) The employees who are transferred under subsection (a) are entitled to have the employees' service with the department of natural resources included for the purpose of computing all applicable employment benefits and will not be adversely affected by the transfer.
(1) addition of IC 10-1-1.9 (before its repeal, now codified in this chapter) and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);
(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and
(3) repeal of IC 10-1-2-1;
by P.L.146-1987 are intended to be a codification and restatement of applicable or corresponding provisions of IC 10-1-2-1. If P.L.146-1987 repealed and replaced a law in the same form or in a restated form, the substantive operation and effect of that law continue uninterrupted.
(b) The:
(1) addition of IC 10-1-1.9 (before its repeal, now codified in this chapter), and IC 10-1-2.2 (before its repeal, now codified at IC 10-12-3);
(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and
(3) repeal of IC 10-1-2-1;
do not affect rights or liabilities accrued, penalties incurred, crimes committed, or proceedings begun before July 1, 1987. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if P.L.146-1987 had not been enacted.
(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at
IC 10-12-3);
(2) amendments made to IC 10-1-2-2 (before its repeal, now
codified at section 2 of this chapter); and
(3) repeal of IC 10-1-2-1;
by P.L.146-1987 are intended to be a codification and restatement
of applicable or corresponding provisions of IC 10-1-2-1. If
P.L.146-1987 repealed and replaced a law in the same form or in
a restated form, the substantive operation and effect of that law
continue uninterrupted.
(b) The:
(1) addition of IC 10-1-1.9 (before its repeal, now codified at
IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at
IC 10-12-3);
(2) amendments made to IC 10-1-2-2 (before its repeal, now
codified at section 2 of this chapter); and
(3) repeal of IC 10-1-2-1;
do not affect rights or liabilities accrued, penalties incurred, crimes
committed, or proceedings begun before July 1, 1987. Those rights,
liabilities, penalties, crimes, and proceedings continue and shall be
imposed and enforced as if P.L.146-1987 had not been enacted.
(c) IC 10-1-2-11 (before its repeal, now codified at section 11 of
this chapter), as added by P.L.69-2002, applies to the child or
spouse of a regular, paid police employee of the state police
department if the regular police employee of the state police
department was permanently and totally disabled by a
catastrophic personal injury that:
(1) was sustained in the line of duty; and
(2) permanently prevents the employee from performing any
gainful work;
before, on, or after July 1, 2002.
(1) addition of IC 10-1-1.9 (before its repeal, now codified at IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified in this chapter);
(2) amendments made to IC 10-1-2-2 (before its repeal, now codified at IC 10-12-2-2); and
(3) repeal of IC 10-1-2-1;
by P.L.146-1987 are intended to be a codification and restatement of applicable or corresponding provisions of IC 10-1-2-1. If P.L.146-1987 repealed and replaced a law in the same form or in
a restated form, the substantive operation and effect of that law
continue uninterrupted.
(b) The:
(1) addition of IC 10-1-1.9 (before its repeal, now codified at
IC 10-12-1) and IC 10-1-2.2 (before its repeal, now codified at
in this chapter);
(2) amendments made to IC 10-1-2-2 (before its repeal, now
codified at IC 10-12-2-2); and
(3) repeal of IC 10-1-2-1;
by P.L.146-1987, do not affect rights or liabilities accrued,
penalties incurred, crimes committed, or proceedings begun before
July 1, 1987. Those rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced as if
P.L.146-1987 had not been enacted.
(b) The payment of a supplemental benefit recomputed under sections 3 and 4 of this chapter, as amended by P.L.5-2008, for the period after June 30, 2007, and before the date on which the recomputed supplemental benefit is first paid, must be reduced by the amount of any supplemental benefit computed and paid after June 30, 2007, under sections 3 and 4 of this chapter before those sections were amended by P.L.5-2008.
under Medicaid. A plan developed under this section must be
structured to maximize federal Medicaid reimbursement for the
Indiana Veterans' Home. Subject to approval of the budget agency,
any revenue accruing to the Indiana Veterans' Home from the
receipt of Medicaid reimbursement may be used to augment
appropriations made to the office for use in funding long term
care.
(b) An employee of the department of civil defense who is transferred to the state emergency management agency under subsection (a) is entitled to have the employee's service under the department of civil defense included for the purpose of computing:
(1) retention points under IC 4-15-2-32 in the event of a layoff; and
(2) all other applicable employment benefits.
(1) Not earlier than sixty (60) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class D felony.
(2) Not earlier than ninety (90) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class C felony and subdivision (3) does not apply.
(3) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if:
(A) the most serious offense for which the person is committed is a Class C felony;
(B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and
(C) none of the offenses for which the person was concurrently or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
(4) Not earlier than one hundred twenty (120) days and not later than thirty (30) days before an offender's expected release date, if the most serious offense for which the person is committed is a Class A or Class B felony and subdivision (5) does not apply.
(5) Not earlier than one hundred eighty (180) days and not later than thirty (30) days before an offender's expected release date, if:
(A) the most serious offense for which the person is committed is a Class A or Class B felony;
(B) all of the offenses for which the person was concurrently or consecutively sentenced are offenses under IC 16-42-19 or IC 35-48-4; and
(C) none of the offenses for which the person was concurrently or consecutively sentenced are listed in IC 35-50-2-2(b)(4).
(b) This subsection applies only to a person whose community transition program commencement date is less than forty-five (45) days after May 11, 2008, solely as a result of the amendment of subsection (a) by P.L.291-2001. The community transition program commencement date for a person described by this subsection is June 26, 2001.
(b) The executive department shall study the feasibility and economic impact of converting one (1) or more state mental health facilities into correctional facilities. The study shall be transmitted to the speaker of the house of representatives and the president pro tempore of the senate before issuance of bonds to finance the construction of a new women's prison.
(c) This section codifies P.L.240-1991, SECTION 118. This
section does not impose duties on the department of correction or
the executive department other than the duties imposed by
P.L.240-1991, SECTION 118.
(1) The addition of sections 15, 17, and 18 of this chapter by P.L.140-2006 applies only to crimes committed after June 30, 2006.
(2) The addition of sections 15, 17, and 18 of this chapter by P.L.173-2006 applies only to crimes committed after June 30, 2006.
(3) The amendments to sections 17 and 18 of this chapter by P.L.216-2007 apply only to offenses committed after June 30, 2007.
(b) The amendments made to IC 5-2-12-9 by P.L.33-1996 apply to a person who commits a crime after June 30, 1996.
(b) The obligation to pay the costs of keeping delinquent offenders (as defined in IC 11-8-1-9), to the extent that the costs are for services delivered after December 31, 2008, is transferred from the counties to the state. The obligation transferred includes the costs of using after December 31, 2008, an institution or a facility in Indiana for providing educational services that, before January 1, 2009, were chargeable to a county family and children's fund, a county office, or a county under IC 20-26-11-12, IC 20-26-11-13, or IC 20-33-2-29.
(c) The following definitions apply throughout this subsection:
(1) "Account" means an obligation of a county under IC 11-10-2-3 (before its repeal by P.L.146-2008) or another law to reimburse the state, including the department of correction, for the cost of keeping a delinquent offender before January 1, 2009.
(2) "Delinquent account" means an account that has not been paid to the state before six (6) months after the account is forwarded under this section or IC 4-24-7-4 (before its amendment by P.L.146-2008).
All accounts accruing before January 1, 2009, and not previously forwarded to a county auditor, and any reconciliations for any period before January 1, 2009, shall be forwarded to the county auditor before March 16, 2009. Upon receipt of an account, the county auditor shall draw a warrant on the treasurer of the county for the payment of the account, which shall be paid from the funds of the county that were appropriated for the payment. The county council of each county shall appropriate sufficient funds to pay these accounts.
(d) A county and the department of correction may enter into agreements to resolve any issues arising under P.L.146-2008 concerning payments to vendors, payments to the county, payments to the state (including payments due for commitments before January 1, 2009), collection of amounts due to a county or the state from a parent, guardian, or custodian, and other matters affected by P.L.146-2008. Notwithstanding P.L.146-2008, the agreement, if approved by the governor and the county fiscal body, governs the responsibilities of the state and the county.
(e) This section applies notwithstanding any other law.
(1) who is committed to the department under IC 35-50 for one (1) or more felonies; and
(2) against whom a court imposed a sentence of at least two (2) years.
(b) This chapter applies only to a person whose community transition program commencement date occurs after August 31, 1999.
for the community transition program under this chapter must be
approved by the budget agency after review by the budget
committee.
Chapter 0.1. Effect of 1992 Recodification
Sec. 1. (a) P.L.2-1992 is intended to be a codification and restatement of applicable or corresponding provisions repealed by P.L.2-1992. P.L.2-1992 is also intended to implement P.L.9-1991 to make conforming changes to carry out the legislative intent of P.L.9-1991. If P.L.2-1992 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.
(b) A SECTION of P.L.2-1992 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed;
(4) proceedings begun;
(5) bonds, notes, loans, or other forms of indebtedness issued, incurred, or made; or
(6) tax levies made;
before the effective date of that SECTION of P.L.2-1992. Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, and tax levies continue and shall be imposed and enforced under prior law as if that SECTION of P.L.2-1992 had not been enacted.
(c) A reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1992 shall be treated after the effective date of the new provision as a reference to the new provision.
Sec. 2. (a) Except as provided in subsection (b), a rule adopted under a provision repealed by P.L.2-1992 is valid and effective until a rule is adopted under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under a
provision repealed by P.L.2-1992; or
(2) repeals the rule adopted under a provision repealed by
P.L.2-1992.
(b) If a rule adopted under a provision repealed by P.L.2-1992
before the effective date of the SECTION of P.L.2-1992 enacting or
amending the statute authorizing the adoption:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to a state agency that has been
transferred to another state agency under P.L.2-1992;
the rule shall be interpreted to constitute an authorization to the
state agency to which authority was transferred and not the former
agency.
Sec. 3. The general assembly may, by concurrent resolution,
preserve any of the background materials related to P.L.2-1992.
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before January 1, 1992. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.9-1991 had not been enacted.
Chapter 3. Effect of Previously Adopted Rules
Sec. 1. (a) A rule adopted by the department of mental health concerning developmental disabilities under IC 16-13-1 (before its repeal by P.L.9-1991) is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
Sec. 2. (a) A rule adopted by the department of mental health
concerning case management services for developmentally disabled
persons under IC 16-14-31 (before its repeal by P.L.9-1991) is valid
and effective until the division of aging and rehabilitative services
adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
Sec. 3. (a) A rule adopted by the department of mental health
concerning residential facilities under IC 16-13-21 or IC 16-13-22,
as amended by P.L.9-1991 and before their repeal, is valid and
effective until the division of aging and rehabilitative services
adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the division of aging and rehabilitative services and not the department of mental health.
Sec. 4. (a) A rule adopted by the state board of health concerning child care licensing under IC 12-3-2, as amended by P.L.9-1991 and before its repeal, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state board of health rule; or
(2) repeals the state board of health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state board of health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection (a); and
(2) provides authority to the state board of health that has been transferred to the division of family and children under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the division of family and children and not the state board of health.
Sec. 5. (a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of public welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection (a); and
(2) provides authority to the state department of public welfare that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the office of Medicaid policy and planning established under IC 12-6-6 (before its repeal) and not the state board of public welfare.
Sec. 6. (a) A rule adopted by the state department of public welfare concerning the state medical assistance plan (Medicaid)
under IC 12-1-7 (before its repeal) before January 1, 1992, is valid
and effective until the secretary appointed under IC 12-6-2-2
(before its repeal) adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of
public welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the state department of public
welfare that has been transferred to the secretary appointed
under IC 12-6-2-2 (before its repeal) under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
office of Medicaid policy and planning established under IC 12-6-6
(before its repeal) and not the state department of public welfare.
Sec. 7. (a) A rule adopted by the department of human services
concerning social services under IC 4-28-6, as repealed by
P.L.9-1991, is valid and effective until the division of family and
children adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of human
services rule; or
(2) repeals the department of aging and rehabilitative services
rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of human services before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of human services
that has been transferred to the division of family and
children under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of family and children and not the department of human
services.
Sec. 8. (a) A rule adopted by the interdepartmental board for
the coordination of human services concerning the school age child
care project fund under IC 20-5-61, as repealed by P.L.9-1991, is
valid and effective until the division of family and children adopts
a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the interdepartmental
board for the coordination of human services rule; or
(2) repeals the interdepartmental board for the coordination
of human services rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
interdepartmental board for the coordination of human services
before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the interdepartmental board for the
coordination of human services that has been transferred to
the division of family and children under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of family and children and not the interdepartmental
board for the coordination of human services.
Sec. 9. (a) A rule adopted by the department of mental health
concerning epilepsy services is valid and effective until the division
of aging and rehabilitative services adopts a rule under IC 4-22-2
that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
Sec. 10. (a) Except as provided in subsection (b), a rule adopted
by the department of mental health concerning the handicapped
infants and toddlers program, before its repeal by P.L.9-1991, is
valid and effective until the section of child care services within the
division of family and children adopts a rule under IC 4-22-2 that
supersedes in whole or in part or otherwise repeals the department
of mental health rule for the infants and toddlers with disabilities
program under IC 12-17-14, as added by P.L.20-1992, and before
its repeal.
(b) If a rule adopted by the department of mental health before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that has been transferred to the section of child care services within the division of family and children;
the rule shall be interpreted to constitute an authorization to the section of child care services within the division of family and children and not the division of mental health.
Sec. 11. (a) Except as provided in subsection (b), a rule adopted by the Indiana state board of education concerning the school age child care project fund, before its repeal by P.L.9-1991, is valid and effective until the section of child care services within the division of family and children adopts a rule under IC 4-22-2 that supersedes in whole or in part or otherwise repeals the Indiana state board of education rule for the school age child care project program established under IC 12-17-12, as amended by P.L.20-1992, and before its repeal.
(b) If a rule adopted by the Indiana state board of education before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection (a); and
(2) provides authority to the Indiana state board of education that has been transferred to the section of child care services within the division of family and children;
the rule shall be interpreted to constitute an authorization to the section of child care services within the division of family and children and not the Indiana state board of education.
Sec. 12. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, before its repeal by P.L.9-1991, is valid and effective until the section of child care services within the division of family and children adopts a rule under IC 4-22-2 that supersedes in whole or in part or otherwise repeals the department of mental health rule for the infants and toddlers with disabilities program under IC 12-17-15, as added by P.L.21-1992, and before its repeal.
(b) If a rule adopted by the department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection (a); and
(2) provides authority to the department of mental health that has been transferred to the section of child care services within the division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the division of mental health.
Sec. 13. (a) Except as provided in subsection (b), a rule adopted
by the interdepartmental board for the coordination of human
service programs concerning the school age child care project
fund, before its repeal by P.L.9-1991, is valid and effective until the
section of child care services within the division of family and
children adopts a rule under IC 4-22-2 that supersedes in whole or
in part or otherwise repeals the interdepartmental board rule for
the school age child care project program established under
IC 12-17-12.
(b) If a rule adopted by the interdepartmental board for the
coordination of human service programs before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the interdepartmental board that has
been transferred to the section of child care services within
the division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the interdepartmental board for the coordination
of human service programs.
January 1, 2008.
(b) The office shall implement a Maximum Allowable Cost schedule for off-patent drugs not later than November 1, 2001.
(c) Not later than January 1, 2002, the office shall implement an information strategy directed to high volume prescribers.
(d) Beginning July 1, 2002, the office shall phase in case management for aged, blind, and disabled Medicaid recipients.
individual whose death occurs before July 1, 1997.
(b) The budget agency and the office of the secretary shall establish a method to collect the state share of the costs of services that are:
(1) reimbursable under the Medicaid program; and
(2) provided to Medicaid eligible children receiving services in private psychiatric residential treatment facilities;
from the county of residence of the child receiving services.
Chapter 1.3. Medicaid Waivers and Plan Amendments
Sec. 1. (a) The terms and conditions of any waivers that are obtained by the state from the United States Department of Health and Human Services or the United States Department of Agriculture before January 1, 1995:
(1) are valid;
(2) comply with the legislative intent of P.L.46-1995;
(3) need not be resubmitted for approval; and
(4) may be implemented until the terms and conditions of any waivers requested under P.L.46-1995 are received and affidavits are filed with the governor's office and the budget committee attesting that the necessary waiver requests have been approved.
(b) The office of the secretary and the office of Medicaid policy and planning shall:
(1) provide the greatest effort possible to secure all federal waivers required under P.L.46-1995; and
(2) reapply for waivers required under P.L.46-1995 but denied by:
(A) the Secretary of the United States Department of
Health and Human Services;
(B) the Secretary of the United States Department of
Agriculture; or
(C) both the officials described in clauses (A) and (B).
(c) This section expires on the date that all waivers requested
under P.L.46-1995 have been obtained.
Sec. 2. (a) Any part of P.L.46-1995 that requires a waiver from
the United States Department of Health and Human Services or the
United States Department of Agriculture does not apply to a
person who first received assistance under IC 12-14 before
January 1, 1994.
(b) This section expires on the later of the following:
(1) January 1, 1996.
(2) Ninety (90) days after the date that all waivers required to
implement P.L.46-1995 have been approved.
Sec. 3. (a) Any part of P.L.46-1995 that requires a waiver from
the United States Department of Health and Human Services or the
United States Department of Agriculture does not apply to a
person who first received assistance under IC 12-14 after
December 31, 1993.
(b) This section expires on the later of the following:
(1) January 1, 1997.
(2) Fifteen (15) months after the date that all waivers required
to implement P.L.46-1995 have been approved.
Sec. 4. The division of family resources shall seek any available
waivers from the Secretary of the United States Department of
Health and Human Services that are required to carry out
P.L.257-1997.
Sec. 5. (a) The office shall amend the Medicaid state plan to
include the buy-in program for working individuals with
disabilities established under IC 12-15-41.
(b) The office shall apply to the Federal Centers for Medicare
and Medicaid Services (formerly the Health Care Financing
Administration) for a grant established under Section 203 of the
federal Ticket to Work and Work Incentives Improvement Act of
1999 (P.L. 106-170, 42 U.S.C. 1320b-22) to support the design,
establishment, and operation of infrastructures that ensure the
provision of items and services to support working individuals with
disabilities, including the following:
(1) Data collection.
(2) Evaluation.
(3) Quality assurance.
(4) Changes in management information systems.
(5) Training of administrators, local county caseworkers, and service providers on Medicaid work incentives and the relationship of Social Security to work incentives.
(6) Outreach campaigns regarding the existence of infrastructures to support work incentives for working individuals with disabilities.
The office shall make the application required under this subsection for the first grant available after July 1, 2001.
(c) The office shall submit an application to the Federal Centers for Medicare and Medicaid Services (formerly the Health Care Financing Administration) for each available new or renewal grant described in subsection (b).
(d) This section expires December 31, 2011.
Sec. 6. (a) The office shall develop a federal Medicaid waiver application under which a prescription drug program may be established or implemented to provide access to prescription drugs for low income senior citizens.
(b) Before the office may submit an application for a federal Medicaid waiver that will affect the Indiana prescription drug program established under IC 12-10-16, the following must occur:
(1) The office shall submit the proposed Medicaid waiver to the prescription drug advisory committee.
(2) The prescription drug advisory committee must review, allow public comment on, and approve the proposed Medicaid waiver.
(c) A prescription drug program established or implemented by the office or a contractor of the office under this section may not limit access to prescription drugs for prescription drug program recipients, except under the following circumstances:
(1) Access may be limited to the extent that restrictions were in place in the Medicaid program on March 26, 2002.
(2) Except as provided by IC 12-15-35.5-3(b) and IC 12-15-35.5-3(c), access may be limited to:
(A) prevent:
(i) fraud;
(ii) abuse;
(iii) waste;
(iv) overutilization of prescription drugs; and
(v) inappropriate utilization of prescription drugs; or
(B) implement a disease management program.
IC 12-15-35.5-7 applies to a limit implemented under this
subdivision.
(d) Changes to a prescription drug program that:
(1) is established or implemented by the office or a contractor
of the office under this section; and
(2) uses money from the Indiana prescription drug account
established under IC 4-12-8-2;
must be approved by the prescription drug advisory committee.
(e) The office shall apply to the United States Department of
Health and Human Services for approval of any waiver necessary
under the federal Medicaid program to provide access to
prescription drugs for low income senior citizens.
(f) A Medicaid waiver developed under this section must limit
a prescription drug program's state expenditures to funding
appropriated to the Indiana prescription drug account established
under IC 4-12-8-2 from the Indiana tobacco master settlement
agreement fund.
(g) The office may not implement a waiver under this section
until the office files an affidavit with the governor attesting that the
federal waiver applied for under this section is in effect. The office
shall file the affidavit under this subsection not later than five (5)
days after the office is notified that the waiver is approved.
(h) If the office receives a waiver under this section from the
United States Department of Health and Human Services and the
governor receives the affidavit filed under subsection (g), the office
shall implement the waiver not more than sixty (60) days after the
governor receives the affidavit.
Sec. 7. (a) As used in this section, "special needs adopted child"
means a child who:
(1) has been adopted by an individual; and
(2) has been diagnosed with a mental illness, including an
emotional or behavioral condition, by a psychologist licensed
under IC 25-33 or a psychiatrist licensed under IC 25-22.5.
(b) As used in this section, "waiver" refers to a Medicaid waiver
allowed under the federal Social Security Act.
(c) The office shall apply to the United States Department of
Health and Human Services for a waiver to allow the office to
disregard parental income for Medicaid eligibility purposes if the
parental income:
(1) is three hundred fifty percent (350%) or less of the federal
income poverty level and the individual is otherwise ineligible
for Medicaid; or
(2) exceeds three hundred fifty percent (350%) and is less
than one thousand one percent (1,001%) of the federal income
poverty level and the office adopts a cost participation plan
for these individuals;
and provide coverage of mental health services for a special needs
adopted child who is less than nineteen (19) years of age.
(d) The office may not implement the waiver until the office files
an affidavit with the governor attesting that the federal waiver
applied for under this section is in effect. The office shall file the
affidavit under this subsection not later than five (5) days after the
office is notified that the waiver is approved.
(e) If the office receives a waiver applied for under subsection
(c) and the governor receives the affidavit filed under subsection
(d), the office shall implement the waiver not more than sixty (60)
days after the governor receives the affidavit.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(g) This section expires December 31, 2012.
Sec. 8. (a) The office shall apply to the United States Department
of Health and Human Services to amend the state Medicaid plan
concerning limiting dental services to provide that a Medicaid
recipient who is at least twenty-one (21) years of age is eligible only
for the following dental services without prior authorization under
the Medicaid program:
(1) Diagnostic and preventative care.
(2) Direct restorations.
(3) Treatment of lesions.
(4) Extractions.
(5) Periodontal treatment for the following
immunocompromised individuals:
(A) Transplant patients.
(B) Pregnant women.
(C) Diabetic patients.
(6) Emergency and trauma care.
The office may authorize other dental services not listed in this
subsection for a Medicaid recipient if the recipient first obtains
prior authorization from the office for the dental service.
(b) The office may not implement the amendment until the office
files an affidavit with the governor attesting that the amendment
applied for under this section is in effect. The office shall file the
affidavit under this subsection not later than five (5) days after the
office is notified that an amendment is approved.
(c) If the office receives approval for an amendment under this
section from the United States Department of Health and Human
Services and the governor receives the affidavit filed under
subsection (b), the office shall implement the amendment not more
than thirty (30) days after the governor receives the affidavit.
(d) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(e) This section expires December 31, 2012.
Sec. 9. (a) As used in this section, "pay-in option" refers to the
method allowed under 42 U.S.C. 1396b under which a Medicaid
recipient may satisfy a state's income spend down requirements by
paying to the state the spend down amount each month.
(b) The office may apply to the United States Department of
Health and Human Services to amend the state's Medicaid plan to
allow a Medicaid recipient to elect to participate in the pay-in
option in the state's Medicaid spend down program allowed under
42 U.S.C. 1396b.
(c) The office may not implement the amendment described in
subsection (b) until the office files an affidavit with the governor
attesting that the amendment applied for under this section is in
effect. If the office applies for the amendment described in this
section, the office shall file the affidavit under this subsection not
later than five (5) days after the office is notified by the United
States Department of Health and Human Services that the
amendment is approved.
(d) If the office receives approval for the amendment under this
section and the governor receives the affidavit filed under
subsection (c), the office may implement the amendment.
(e) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(f) This section expires December 31, 2013.
Sec. 10. (a) The office shall apply to the United States
Department of Health and Human Services for the necessary
amendment to the state Medicaid plan or for a waiver to authorize
the office to reimburse a health care provider under Medicaid for
the collection of cord blood by the health care provider from a
pregnant Medicaid recipient upon the birth of a newborn.
(b) The office may not implement the state plan amendment or
waiver described in subsection (a) until the office files an affidavit
with the governor attesting that the amendment or waiver applied
for under this section has been approved and is in effect. The office
shall file the affidavit under this subsection not later than five (5)
days after the office is notified that the amendment or the waiver
is approved.
(c) If the office receives federal approval for the amendment or
waiver described in this section and the governor receives the
affidavit filed under subsection (b), the office shall implement the
amendment or waiver not more than sixty (60) days after the
governor receives the affidavit. Any cost to the state resulting from
the implementation of the amendment or the waiver must be paid
from appropriations made to the office of the secretary or other
private funds made available to the office.
(d) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(e) This section expires July 1, 2013.
Sec. 11. (a) As used in this section, "program" refers to the
health care management program established under subsection (c).
(b) As used in this section, "recipient" means a Medicaid
recipient under this article.
(c) The office may work with one (1) or more health care
providers to establish and implement a demonstration project for
a health care management program under which the health care
providers provide health care services to recipients. If a
demonstration project is established and implemented, the
program must allow the office to do the following:
(1) Offer to recipients who currently receive health care
services from the health care providers the opportunity to
continue to receive Medicaid services provided solely by the
health care providers as part of the demonstration project.
The offer must be extended to a number of recipients that is
sufficiently large to result in a percentage of recipients
accepting the offer to provide meaningful data to guide the
establishment and implementation of the program under
subdivision (2). A recipient is not required to participate in
the demonstration project.
(2) Establish and implement a program of health care
management modeled on the United States Department of
Veterans Affairs Quality Enhancement Research Initiative,
including use of payment incentives for:
(A) individual health care providers; and
(B) administrators;
of the health care providers with which the office works under
this section to reward the achievement of objectives
established for the program.
(d) The office and the health care providers described in
subsection (c) shall study the impact of implementing the program
under subsection (c)(2), including the impact the program has on
the:
(1) quality; and
(2) cost;
of health care provided to recipients.
(e) The office shall consult with the Regenstrief Institute for
Health Care or a comparable institution in developing,
implementing, and studying the program.
(f) The office shall apply to the United States Department of
Health and Human Services for any amendment to the state
Medicaid plan or demonstration waiver that is needed to
implement this section. A health care provider described in
subsection (c) shall assist the office in requesting the amendment
or demonstration waiver and, if the amendment or waiver is
approved, establishing and implementing the amendment or
waiver.
(g) The office may not implement the amendment or waiver
until the office files an affidavit with the governor attesting that the
amendment or waiver applied for under this section is in effect.
The office shall file the affidavit under this subsection not more
than five (5) days after the office is notified that the amendment or
waiver is approved.
(h) If the office receives approval for the amendment or waiver
under this section from the United States Department of Health
and Human Services and the governor receives the affidavit filed
under subsection (g), the office shall implement the amendment or
waiver not more than sixty (60) days after the governor receives
the affidavit.
(i) The office may adopt rules under IC 4-22-2 to implement this
section.
(j) The office shall, before July 1 of each year, report to the
legislative council in an electronic format under IC 5-14-6
concerning a demonstration project established and implemented
under this section.
(k) This section expires January 1, 2013.
Sec. 12. (a) The office shall apply to the United States
Department of Health and Human Services for approval of an
amendment to the state's Medicaid plan that is necessary to do the
following:
(1) Amend the state's upper payment limit program.
(2) Make changes to the state's disproportionate share
hospital program.
(b) The office may not implement an approved amendment to
the state plan until the office files an affidavit with the governor
attesting that the state plan amendment applied for under
subsection (a)(1) or (a)(2) is in effect. The office shall file the
affidavit under this subsection not later than five (5) days after the
office is notified that the state plan amendment is approved.
(c) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(d) This section expires December 31, 2013.
Sec. 13. (a) The office shall apply to the United States
Department of Health and Human Services for any amendment to
the state Medicaid plan or demonstration waiver that is needed to
provide for presumptive eligibility for a pregnant woman
described in IC 12-15-2-13.
(b) The office may not implement the amendment or waiver
until the office files an affidavit with the governor attesting that the
amendment or waiver applied for under this section is in effect.
The office shall file the affidavit under this subsection not more
than five (5) days after the office is notified that the amendment or
waiver is approved.
(c) If the office receives approval for the amendment or waiver
under this section from the United States Department of Health
and Human Services and the governor receives the affidavit filed
under subsection (b), the office shall implement the amendment or
waiver not more than sixty (60) days after the governor receives
the affidavit.
(d) The office may adopt rules under IC 4-22-2 to implement
this section.
Sec. 14. (a) The office shall apply to the United States
Department of Health and Human Services for approval of a
Section 1115 demonstration waiver or a Medicaid state plan
amendment to develop and implement the following:
(1) Health insurance coverage program to cover individuals
who meet the following requirements:
(A) The individual is at least eighteen (18) years of age and
less than sixty-five (65) years of age.
(B) The individual is a United States citizen and has been
a resident of Indiana for at least twelve (12) months.
(C) The individual has an annual household income of not
more than two hundred percent (200%) of the federal
income poverty level.
(D) The individual is not eligible for health insurance coverage through the individual's employer.
(E) The individual has been without health insurance coverage for at least six (6) months or is without health insurance coverage because of a change in employment.
(2) A premium assistance program described in IC 12-15-44.2-20.
(b) The office shall include in the waiver application or state plan amendment a request to fund the program in part by using:
(1) enhanced federal financial participation; and
(2) hospital care for the indigent dollars, upper payment limit dollars, or disproportionate share hospital dollars.
(c) The office may not implement the waiver or state plan amendment until the office:
(1) files an affidavit with the governor attesting that the federal waiver or amendment applied for under this section is in effect; and
(2) has sufficient funding for the program.
The office shall file the affidavit under this subsection not later than five (5) days after the office is notified that the waiver or amendment is approved.
(d) The office may adopt rules under IC 4-22-2 necessary to implement this section.
(e) This section expires December 31, 2013.
Sec. 15. (a) As used in this section, "division" refers to the division of disability and rehabilitative services established by IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver administered by the office and the division under section 1915(c) of the federal Social Security Act.
(c) The office shall apply to the United States Department of Health and Human Services for approval to amend a waiver to set priorities as described in subsection (d) in providing services under the waiver.
(d) The waiver amendment must provide for the following individuals to be given priority in receiving services under the waiver:
(1) An individual who is determined by the state department of health to no longer need or receive active treatment provided in a supervised group living setting.
(2) An individual who is receiving service under the direction of the division in a supervised group living setting, nursing
facility, or large private intermediate care facility and has a
history of unexplained injuries or documented abuse that is
substantiated by the division and that threatens the health and
welfare of the individual.
(3) A current resident, or the guardian of a resident who is
incapacitated, of a large, private intermediate care facility for
the mentally retarded who requests to leave the facility.
(4) An individual who will be attaining the maximum age for
a residential or group home setting funded by the department
of education, the division of family resources, or the office.
(5) An individual for whom the primary caregiver of the
individual is no longer able to care for the individual due to:
(A) the death of the primary caregiver;
(B) the long term institutionalization of the primary
caregiver;
(C) the long term incapacitation of the primary caregiver;
or
(D) the long term incarceration of the primary caregiver.
(6) An individual who is on the waiver waiting list and has
been determined to have a shortened life span as defined by
the division.
(7) Any other priority as determined by the division.
(e) The office may not implement the amendment to the waiver
until the office files an affidavit with the governor attesting that the
amendment to the federal waiver applied for under this section is
in effect. The office shall file the affidavit under this subsection not
later than five (5) days after the office is notified that the waiver
amendment is approved.
(f) If the office receives approval for the amendment to the
waiver under this section from the United States Department of
Health and Human Services and the governor receives the affidavit
filed under subsection (e), the office shall implement the
amendment to the waiver not more than sixty (60) days after the
governor receives the affidavit.
(g) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(h) This section expires July 1, 2016.
Sec. 16. (a) The office shall apply to the United States
Department of Health and Human Services for an amendment to
the state Medicaid plan to provide coverage for adults and children
for medically necessary umbilical cord transplants and other
related procedures under the state Medicaid program if the
Medicaid recipient's provider receives prior approval for the
procedure from the office.
(b) The office may not implement the plan amendment until the
office files an affidavit with the governor attesting that the plan
amendment applied for under this section is in effect. The office
shall file the affidavit under this subsection not later than five (5)
days after the office is notified that the plan amendment is
approved.
(c) If the office receives a plan amendment under this section
from the United States Department of Health and Human Services
and the governor receives the affidavit filed under subsection (b),
the office shall implement the plan amendment not more than sixty
(60) days after the governor receives the affidavit.
(d) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
(e) This section expires December 31, 2013.
Sec. 17. (a) The office shall apply to the United States
Department of Health and Human Services to amend the state
Medicaid plan if the office determines the amendment is necessary
to carry out IC 12-15-1-20.4.
(b) The office may not implement a state plan amendment under
this section until the office files an affidavit with the governor
attesting that the plan amendment filed under this section is in
effect. The office shall file the affidavit under this subsection not
later than five (5) days after the office is notified that the plan
amendment is approved.
(c) If the office receives a plan amendment under this section
from the United States Department of Health and Human Services
and the governor receives the affidavit filed under subsection (b),
the office shall implement the plan amendment not more than sixty
(60) days after the governor receives the affidavit.
(d) This section expires December 31, 2013.
(1) The amendments made to section 1 of this chapter by P.L.257-1996 apply to provider claims for payment under the Medicaid program under this article after March 31, 1996.
(2) The addition of section 1.5 of this chapter by P.L.257-1996 applies to provider claims for payment under the Medicaid program under this article after March 31, 1996.
(b) Rules adopted by the interdepartmental board for the coordination of human service programs to govern the operation of the school age child care project fund established by P.L.197-1985 continue in effect until new rules are adopted under IC 20-5-61 (before its repeal) or under this chapter.
(1) for goods or services provided; and
(2) not paid;
under IC 12-2 (before its repeal) shall be paid under the corresponding provision of this article.
(b) The rules adopted by the township poor relief control board shall be treated, after June 30, 2005, as rules of the township assistance control board.
(c) On July 1, 2005, all powers, duties, assets, and liabilities of the township poor relief control board are transferred to the township assistance control board.
(d) After June 30, 2005, a reference to the township poor relief control board shall be treated as a reference to the township assistance control board.
(e) A member of the township poor relief control board appointed under section 29 of this chapter (before its amendment by P.L.73-2005) shall continue to serve as a member of the township assistance control board established by section 29 of this chapter, as amended by P.L.73-2005, until the end of the term for which the member was appointed.
(b) Notwithstanding the amendment of section 51 of this chapter by P.L.73-2005, funds that are in the distressed township supplemental poor relief fund on June 30, 2005, are transferred to the distressed township supplemental township assistance fund established by section 51 of this chapter as amended by P.L.73-2005.
or is removed for a violation or noncompliance, whichever occurs
first.
(b) The amount of the shortfall levy under subsection (a) shall be treated as an addition to the amount allowed in 2005 under IC 12-29-2, as amended by P.L.78-2004. The ad valorem property tax levy limits imposed by IC 12-29-2, as amended by P.L.78-2004, do not apply to ad valorem property taxes imposed under subsection (a). The shortfall levy imposed under this section may not be considered in computing ad valorem property tax levies under IC 12-29-2, as amended by P.L.78-2004, for property taxes first due and payable after 2005.
(b) The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at sections 48 and 81 of this chapter) by
P.L.25-1991 apply to an action for which a final determination of
liability is made after June 30, 1991.
(1) A rule adopted by the air pollution control board and described in IC 13-17-5-5(a) before its repeal.
(2) An inspection or certification conducted under IC 13-17-5-5(b) before its repeal.
(3) Contracts entered into and inspections made under IC 13-17-5-5(c) before its repeal.
(b) On July 1, 1999, all liabilities of the supplemental wastewater assistance fund become liabilities of the supplemental drinking water and wastewater assistance fund established by IC 13-18-21-22, as amended by P.L.132-1999.
(b) The addition of IC 13-9.5-2-11.1 and IC 13-9.5-2-15 (before their repeal) by P.L.96-1995 applies to property taxes first due and payable after December 31, 1995, and to taxable years that begin after December 31, 1995.
(1) The power of eminent domain.
(2) Except as provided in subsection
(A) Franchising.
(B) Establishing a territory or territories within the district in which a person may provide service.
(3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.
(4) The power to establish fees that a person must charge for the collection or disposal of solid waste or recyclables within the district.
(5) The power to issue permits for an activity that is already permitted by a state agency, except as expressly granted by statute.
contract.
(c) (d) Subsection (a) (b) does not apply to activities conducted as
part of a household hazardous waste collection and disposal project.
(1) The continuation of waste management services that a solid waste district provides with its facilities or work force before March 15, 1996.
(2) Waste management services provided to the district under an agreement entered into by the district before March 15, 1996, with another person until the agreement terminates by its terms or is terminated for cause.
(3) The development, operation, and contracting for the development or operation of a publicly owned solid waste landfill in a county having a population of more than one hundred ten thousand (110,000) but less than one hundred fifteen thousand (115,000). The operation of the landfill must have begun before July 1, 2001.
(4) A contract entered into between the board and a third party before May 1, 1997, for the development or operation of a solid waste landfill in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000). The third party is limited to those parties that submitted proposals to the board under a formal request for proposals that were selected by the board, before December 1, 1995, as finalists in the contract negotiations.
(5) A contract between a board and a third party to operate a facility that is owned by the district and for which construction was substantially complete before March 1, 1996.
(6) Activities conducted as part of household hazardous waste (as defined in IC 13-11-2-104) collection and disposal projects.
(7) A contract executed before April 1, 1998.
(b) Except as provided in subsection (c), a district may not:
(1) undertake to provide waste management services by means of its own work force; or
(2) contract with any person to provide waste management services.
(c) A district may perform the activities described in subsection (b):
(1) if:
(A) the board is able to adopt a resolution under subsection (d); and
(B) a private sector entity is not willing or able to provide waste management services at a reasonable cost to the district; or
(2) if the district is requested to do so by a unit of government that performs the activities with the unit's work force.
(d) The board may adopt a resolution determining that the district must either provide waste management services by means of its own work force or contract with a person to provide waste management services, only if the board finds that:
(1) the waste management service is not currently available in the district at a reasonable cost; and
(2) providing the waste management service by means of its own work force or by contract will benefit the public health, welfare, and safety of residents of the district.
The board's determination must be supported with findings of fact.
(e) A district shall provide notice by publication under IC 5-3-1 and at the time of publication serve by first class mail to any person that delivers to the district an annual written request for notices before January 1 of any meeting to consider adoption of a resolution making a preliminary determination that it is necessary for the district to undertake to provide waste management services by means of its own work force or contract with any person to provide waste management services.
(f) Whenever a district evaluates the reasonableness of cost under this section, it shall:
(1) compare the cost of the same level of service provided in the district or in similar demographic areas within Indiana; and
(2) if the district wishes to provide waste management services with its own facilities or work force, the district must disclose the entire cost of providing the service by the district, including the following:
(A) Subsidies arising from taxes, fees, grants, or intergovernmental transfers.
(B) In-kind contributions of real estate, interests in real estate, equipment, personnel, or other assets.
(C) Discounts.
(D) Tax exemptions.
(g) A resolution adopted under subsection (d) may authorize a district to perform more than one (1) solid waste recycling, collection, or disposal event in the manner described in subsection (b) if:
(1) the duration of each event authorized by the resolution is not more than one (1) day; and
(2) all events authorized by the resolution will take place in one (1) calendar year.
(1) The amendments made to section 1 of this chapter by P.L.114-2008 apply only to crimes committed on or after March 24, 2008.
(2) The addition of section 1.5 of this chapter by P.L.114-2008 applies only to crimes committed on or after March 24, 2008.
(b) As used in this section, "district forester" means any position on the state staffing table with a job code of "001LE2" and a description of "Forester Specialist 2".
(c) As used in this section, "natural sciences manager" means any position on the state staffing table with a job code of "00ENS7" and a description of "Natural Sciences Manager E7".
(d) As used in this section, "state staffing table" means a position classification plan and salary and wage schedule adopted by the state personnel department (established by IC 4-15-1.8-2)
under IC 4-15-1.8-7.
(e) For pay periods beginning after June 30, 2008, the state
personnel department shall equalize the salary and wage schedules
for the positions of district forester and natural sciences manager
so that both positions share the higher of the two (2) wage and
salary schedules for these positions existing on April 1, 2008. For
pay periods beginning after June 30, 2008, the department shall
increase the wages and salaries of all district foresters and natural
sciences managers to bring the wages and salaries into conformity
with the salary and wage schedules required by this section.
(1) Programs of the department or the commission.
(2) Facilities owned or operated by the department, the commission, or a lessee of the department or the commission.
(3) Licenses issued by the commission, the department, or the director of the department.
(4) Inspections or other similar services under this title performed by the department or an assistant or employee of the department.
(1) adopted by the director of the department of natural resources under IC 14-2 (before its repeal); and
(2) in effect on June 30, 1990;
shall be treated after June 30, 1990, as a rule adopted by the natural resources commission.
June 30, 1993.
(b) All rights, powers, and duties that were held by the department under IC 14-6-19 (before its repeal, now codified in this chapter):
(1) are continued in full force and effect and transferred to the Wilbur Wright Birthplace Preservation Society; and
(2) shall be held, exercised, and administered by the Wilbur Wright Birthplace Preservation Society.
(c) All books, records, papers, supplies, property, and equipment that:
(1) are in the possession of the department; and
(2) pertain to the Wilbur Wright Birthplace;
shall be transferred to and placed at the disposal of the Wilbur Wright Birthplace Preservation Society.
(1) the Wilbur Wright memorial is transferred to the Wilbur Wright Birthplace Preservation Society after June 30, 1995; or
(2) the commission declares the memorial to be surplus to the needs of the commission and the department.
(b) A member of the Lewis and Clark bicentennial commission established by P.L.7-2001 becomes a member of the commission without reappointment by the appointing authority. However, the member continues to serve on the commission at the pleasure of the appointing authority.
Chapter 9.1. Effect of the Expiration of IC 15-13-9
Sec. 1. IC 1-1-5-1 applies to the expiration of IC 15-13-9, as amended by P.L.146-2008.
Sec. 2. Liability and penalties for delinquent tax payments for a property tax imposed under IC 15-13-9 before January 1, 2009, are not extinguished as a result of the expiration of IC 15-13-9 under P.L.146-2008.
Sec. 3. Delinquent property taxes collected after December 31, 2008, from a property tax imposed under IC 15-13-9 before January 1, 2009, shall be deposited and used after December 31, 2008, as provided in IC 15-13-9, as effective December 30, 2008.
July 1, 1996), and IC 16-42-16 (before its repeal on July 1, 1996)
are considered rules of the Indiana state board of animal health
after June 30, 1996.
(b) On July 1, 1996, all records, powers, duties, and liabilities of
the state department of health under IC 16-42-12 (before its repeal
on July 1, 1996), IC 16-42-13 (before its repeal on July 1, 1996),
and IC 16-42-16 (before its repeal on July 1, 1996) are transferred
to the Indiana state board of animal health under:
(1) IC 15-2.1-22 (as added by P.L.137-1996 and before its
repeal);
(2) IC 15-2.1-23 (as added by P.L.137-1996 and before its
repeal), now codified at IC 15-18-1; and
(3) IC 15-2.1-24 (as added by P.L.137-1996 and before its
repeal), now codified at IC 15-17-5.
(c) All matters pending before and judgments entered by the
state department of health under IC 16-42-12 (before its repeal on
July 1, 1996), IC 16-42-13 (before its repeal on July 1, 1996), and
IC 16-42-16 (before its repeal on July 1, 1996) are transferred to
the Indiana state board of animal health under:
(1) IC 15-2.1-22 (as added by P.L.137-1996 and before its
repeal);
(2) IC 15-2.1-23 (as added by P.L.137-1996 and before its
repeal), now codified at IC 15-18-1; and
(3) IC 15-2.1-24 (as added by P.L.137-1996 and before its
repeal), now codified at IC 15-17-5.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. An ordinance or plan adopted
under IC 16-13-21-13 (before its repeal) is void.
(1) IC 13-1-2.
(2) IC 13-1-7.
(3) IC 13-1-8.
(4) IC 13-1-9.
(5) IC 13-1-13.
(6) IC 16-1.
(7) IC 16-2.
(8) IC 16-2.5.
(9) IC 16-3.
(10) IC 16-4.
(11) IC 16-5.
(12) IC 16-6.
(13) IC 16-6.5.
(14) IC 16-7.
(15) IC 16-8.
(16) IC 16-9.
(17) IC 16-9.5.
(18) IC 16-10.
(19) IC 16-11.
(20) IC 16-12.
(21) IC 16-12.1.
(22) IC 16-12.2.
(23) IC 35-1-58.5.
(b) A rule adopted under a repealed statute is valid and effective until a rule is adopted under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under the repealed statute; or
(2) repeals the rule adopted under the repealed statute.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. Employees of the division of
services for crippled children of the state department of public
welfare who are employed on June 30, 1990, and who become
employees of the state board of health under P.L.344-1989 are
entitled to have their service under the division of services for
crippled children of the state department of public welfare
included for the purposes of computing:
(1) retention points under IC 4-15-2-32 in the event of a
layoff; and
(2) all other applicable employment and retirement benefits.
(b) P.L.40-1989 does not affect the vacation, sick leave, insurance, or retirement benefits acquired by an employee of a local health department under IC 5-10.3, IC 16-1-5 (before its repeal), IC 16-1-6 (before its repeal), or IC 16-1-7 (before its repeal).
(b) The benefits provided under subsection (a) are subject to satisfactory job performance.
(b) A health ordinance adopted by the county executive of a county having a population of more than one hundred twenty-nine thousand (129,000) but less than one hundred thirty thousand six hundred (130,600) that:
(1) was adopted after December 31, 1993, and before March 11, 1994; and
(2) applies to the entire county;
is legalized.
(b) A health ordinance adopted by the county executive of a county having a population of more than one hundred twenty-nine thousand (129,000) but less than one hundred thirty thousand six hundred (130,600) that:
(1) was adopted after December 31, 1993, and before March 11, 1994; and
(2) applies to the entire county;
is legalized.
Chapter 0.1. Application
Sec. 1. To the extent that IC 5-14-3 and IC 16-4-8 (before its
repeal, now codified in this article) apply to the confidentiality of
a record in the possession of a state agency under P.L.9-1991
before the transfer of the record required by P.L.9-1991, those
statutes apply to the record after the transfer of the record.
(1) the mother of a newborn infant has not had a test performed under section 5 or 6 of this chapter;
(2) the mother of a newborn infant has refused a test for the newborn infant to detect HIV or the antibody or antigen to HIV; and
(3) a physician believes that testing the newborn infant is medically necessary;
the physician overseeing the care of the newborn infant may order a confidential test for the newborn infant in order to detect HIV or the antibody or antigen to HIV. The test must be ordered at the earliest feasible time not exceeding forty-eight (48) hours after the birth of the infant.
(b) If the physician orders a test under subsection (a), the physician must:
(1) notify the mother of the newborn infant of the test; and
(2) provide HIV information and counseling to the mother. The information and counseling must include the following:
(A) The purpose of the test.
(B) The risks and benefits of the test.
(C) A description of the methods of HIV transmission.
(D) A discussion of risk reduction behavior modifications, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk.
(E) Referral information to other HIV prevention, health care, and psychosocial services.
(c) The confidentiality provisions of IC 16-41-2-3 apply to this section.
(d) The results of the confidential test ordered under subsection (a) must be released to the mother of the newborn infant.
(e) If a test ordered under subsection (a) is positive, the person who
provides the results of the test shall inform the mother of the newborn
infant of treatment options or referral options available to the newborn
infant.
(f) If a parent of the newborn infant objects in writing for reasons
pertaining to religious beliefs, the newborn infant is exempt from the
test under subsection (a).
(g) The state department shall adopt rules under IC 4-22-2 to carry
out this section.
(h) The results of a test performed under this section are
confidential.
(i) The state department shall apply for funds under Section
2625 of the Ryan White CARE Amendments of 1996 (42 U.S.C.
300ff-21 et seq.) to pay for all tests conducted under subsection (a).
(1) the date permanent rules are adopted to replace the emergency rules; or
(2) July 1, 2003.
(b) A corporation or local health department that, before
January 1, 2001, adopted monetary penalties for the violation of
any state or local law or rule concerning food handling or food
establishments may continue to enforce those locally prescribed
monetary penalties (including the issuance of tickets or citations
authorized by local law) and deposit the amounts collected as
prescribed by local law until the later of:
(1) the date permanent rules are adopted establishing the
schedule of civil penalties required under section 28 of this
chapter, as added by P.L.266-2001; or
(2) July 1, 2003.
(1) the date that the state department adopts rules to modify or replace the state department's rules that were in effect on January 1, 2001, concerning sanitary standards for food handling or food establishments; or
(2) July 1, 2003.
(1) The addition of section 5(a)(1) of this chapter by P.L.50-2004 applies to a health benefit plan described in section 2(1), 2(2), and 2(3) of this chapter, as added by P.L.50-2004, established, entered into, delivered, amended, or renewed after December 31, 2004.
(2) The addition of section 5(a)(2) of this chapter by P.L.50-2004 applies to a health benefit plan described in section 2(4) of this chapter, as added by P.L.50-2004, on the date that the health benefit plan is established, entered into, delivered, amended, or renewed after December 31, 2004.
(1) was made by a political subdivision before July 1, 2000;
and
(2) would have been permitted by IC 20-5-6-9 (as added by
P.L.17-2000 and before its repeal, later codified at section 21
of this chapter, before its repeal) if IC 20-5-6-9 had been in
effect before July 1, 2000;
is legalized and validated.
(b) If a reversion occurs under a deed described in subsection (a), the school corporation is entitled to the improvements (or the fair market value of the improvements) made to the property by the school corporation.
(b) If a reversion occurs under a deed described in subsection (a), the school corporation is entitled to the improvements or the fair market value of the improvements made to the property by the school corporation.
chapter) by P.L.260-1997 apply only to school years beginning
after June 30, 1996.
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1995. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.36-1994 had not been enacted.
(1) IC 20-9.1-2-4 (before its repeal, now codified at section 5 of this chapter); and
(2) IC 20-9.1-2-4.1 (before its repeal, now codified at section 6 of this chapter);
do not apply to contracts entered into before July 1, 1988.
(b) The following are transferred on July 1, 2005, from the
professional standards board to the department:
(1) All real and personal property of the professional
standards board.
(2) All powers, duties, assets, and liabilities of the professional
standards board.
(3) All appropriations to the professional standards board.
(c) Money in the professional standards board licensing fund
established by P.L.224-2003, SECTION 9 is transferred on July 1,
2005, to the professional standards fund established by section 10
of this chapter.
(d) Rules that were adopted by the professional standards board
before July 1, 2005, shall be treated as though the rules were
adopted by the advisory board of the division of professional
standards of the department established by section 2 of this
chapter, as amended by P.L.246-2005.
(e) After June 30, 2005, a reference to the professional
standards board in a statute or rule shall be treated as a reference
to the division of professional standards established by section 1.5
of this chapter.
(f) The members appointed before July 1, 2005, to the
professional standards board:
(1) become members of the advisory board for the division of
professional standards established by section 2 of this
chapter; and
(2) may serve until the expiration of the term for which the
members were appointed.
(g) A license or permit issued by the professional standards
board before July 1, 2005, shall be treated after June 30, 2005, as
a license or permit issued by the department.
(h) Proceedings pending before the professional standards
board on July 1, 2005, shall be transferred from the professional
standards board to the department and treated as if initiated by
the department.
amendments made to section 1 of this chapter by P.L.105-2005, the
following apply before July 1, 2010:
(1) To be eligible to graduate from high school, each student
is required to meet:
(A) the academic standards tested in the graduation
examination; and
(B) any additional requirements established by the
governing body.
(2) A student who does not meet the academic standards
tested in the graduation examination shall be given the
opportunity to be tested during each semester of each grade
following the grade in which the student is initially tested until
the student achieves a passing score.
(3) A student who does not achieve a passing score on the
graduation examination may be eligible to graduate if all the
following occur:
(A) The principal of the school the student attends certifies
that the student will within one (1) month of the student's
scheduled graduation date successfully complete all
components of the Core 40 curriculum as established by
the Indiana state board of education under IC 20-30-10.
(B) The student otherwise satisfies all state and local
graduation requirements.
(4) A student who does not achieve a passing score on the
graduation examination and who does not meet the
requirements of subdivision (3) may be eligible to graduate if
the student does all the following:
(A) Takes the graduation examination in each subject area
in which the student did not achieve a passing score at least
one (1) time every school year after the school year in
which the student first takes the graduation examination.
(B) Completes remediation opportunities provided to the
student by the student's school.
(C) Maintains a school attendance rate of at least
ninety-five percent (95%) with excused absences not
counting against the student's attendance.
(D) Maintains at least a "C" average or the equivalent in
the courses comprising the credits specifically required for
graduation by rule of the board.
(E) Obtains a written recommendation from a teacher of
the student in each subject area in which the student has
not achieved a passing score. The recommendation must:
(i) be concurred in by the principal of the student's school; and
(ii) be supported by documentation that the student has attained the academic standard in the subject area based upon tests other than the graduation examination or classroom work.
(F) Otherwise satisfies all state and local graduation requirements.
(5) This subdivision applies to a student who is a child with a disability (as defined in IC 20-35-1-2). If the student does not achieve a passing score on the graduation examination, the student's case conference committee may determine that the student is eligible to graduate if the case conference committee finds the following:
(A) The student's teacher of record, in consultation with a teacher of the student in each subject area in which the student has not achieved a passing score, makes a written recommendation to the case conference committee. The recommendation must:
(i) be concurred in by the principal of the student's school; and
(ii) be supported by documentation that the student has attained the academic standard in the subject area based upon tests other than the graduation examination or classroom work.
(B) The student meets all the following requirements:
(i) Retakes the graduation examination in each subject area in which the student did not achieve a passing score as often as required by the student's individualized education program.
(ii) Completes remediation opportunities provided to the student by the student's school to the extent required by the student's individualized education program.
(iii) Maintains a school attendance rate of at least ninety-five percent (95%) to the extent required by the student's individualized education program with excused absences not counting against the student's attendance.
(iv) Maintains at least a "C" average or the equivalent in the courses comprising the credits specifically required for graduation by rule of the board.
(v) Otherwise satisfies all state and local graduation requirements.
Chapter 17. Pilot School Corporations
Sec. 1. The department and the state board of tax commissioners shall select pilot school corporations under section 2 of this chapter. Beginning January 1, 1997, the school corporations selected under section 2 of this chapter shall comply with SECTIONS 1 through 18 of P.L.50-1996 as if those SECTIONS were effective January 1, 1997.
Sec. 2. Before October 1, 1996, the department and the state board of tax commissioners shall meet to select ten (10) pilot school corporations. The pilot school corporations shall be selected with the objective that the pilot school corporations collectively represent a broad range of the different types and sizes of school corporations that exist in Indiana. In order to achieve this objective, the department and the state board of tax commissioners shall select the pilot school corporations based on the following criteria:
(1) The size of the student population within the corporation.
(2) The size of the geographic territory served by the corporation.
(3) The average growth of the property tax assessed valuation within the corporation's district over the preceding three (3) years.
(4) The growth or decline of the ADM (as defined in IC 21-3-1.6-1.1, before its repeal) within the corporation over the preceding three (3) years, excluding any year in which there is a general reassessment.
(5) The extent of urban development in the corporation.
(6) Any other factors the department and the state board of tax commissioners determine are necessary to distinguish a group or category of school corporations that deserve representation by a pilot school corporation.
Sec. 3. All state and local government officials whose official functions relate to P.L.50-1996 shall cooperate with the department, the state board of tax commissioners, and the pilot school corporations to implement P.L.50-1996.
under IC 21-1-29 (before its repeal by P.L.278-1993(ss), SECTION
16), after December 31, 1993, is valid, effective, and considered to
be a rule of the state board concerning the primetime program
under IC 21-1-30 (as added by P.L.38-1994 and before its repeal,
now codified at IC 20-43-9), until the state board adopts a rule
under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under
IC 21-1-29; or
(2) repeals the rule adopted under IC 21-1-29.
(b) The adjustments required under this section shall be made on the schedule determined by the department of education.
(1) The bonds remain valid and binding obligations of the school corporation that issued them, as if IC 20-5-4-1.7 had not been repealed.
(2) Each year that a debt service levy is needed for the bonds, the school corporation that issued the bonds shall reduce its total property tax levy for the school corporation's other funds in an amount equal to the property tax levy needed for the debt service on the bonds.
(1) The bonds remain valid and binding obligations of the school corporation that issued them, as if IC 20-5-4-1.5 had not been repealed.
(2) Each year that a debt service levy is needed for the bonds, the school corporation that issued the bonds shall reduce its total property tax levy for the school corporation's other funds in an amount equal to the property tax levy needed for the debt service on the bonds.
(1) executed by or on behalf of school corporations or school townships before February 28, 1992; and
(2) for advances from the Indiana common school fund under IC 21-1-5 (before its repeal, now codified in this chapter);
are validated and legalized.
(1) executed by or on behalf of school corporations or school townships before March 10, 1996; and
(2) for advances from the common school fund under IC 21-1-5 (before its repeal, now codified in this chapter);
are validated and legalized.
(b) After June 30, 1990, a contract entered into before July 1, 1990, is a contract of the commission.
(c) The amendments made by P.L.128-1990 do not affect the rights, duties, or obligations of the commission or a person who before July 1, 1990, had a contract with the commission.
(d) A person or the commission may enforce a right or compel performance of a duty with respect to a contract as if P.L.128-1990 had not been enacted.
institution after July 31, 2000.
(b) IC 20-12-19-2 (as added by P.L.52-2000, before its repeal, now codified at section 8 of this chapter) applies to a student enrolled at a state educational institution after July 31, 2000.
(b) IC 20-12-19.5-2 (as added by P.L.52-2000, before its repeal, now codified at section 4 of this chapter) applies to a student enrolled at a state educational institution after July 31, 2000.
(1) was a member of the Indiana National Guard; and
(2) suffered a service connected death while serving on state active duty (as described in IC 10-16-7-7);
whether the father's, mother's, or spouse's service connected death occurred before, on, or after July 1, 2005.
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1987. These rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.218-1987 had not been enacted.
(1) IC 20-12-1-2, after April 25, 1989, and before its repeal; or
(2) IC 20-12-61-13, after April 25, 1989, and before its repeal;
is legalized and validated.
(1) IC 20-12-1-2, after April 25, 1989, and before its repeal; or
(2) IC 20-12-61-13, after April 25, 1989, and before its repeal;
is legalized and validated.
(1) IC 20-12-1-2, after April 25, 1989, and before its repeal; or
(2) IC 20-12-61-13, after April 25, 1989, and before its repeal;
is legalized and validated.
rental payment, excluding a reasonable allowance for maintenance
and repair services, that exceeds one million dollars ($1,000,000)
in any state fiscal year covered by the lease.
(1) IC 20-12-1-2, after April 25, 1989, and before its repeal; or
(2) IC 20-12-61-13, after April 25, 1989, and before its repeal;
is legalized and validated.
Chapter 2.1. Transitional Provisions Relating to Creation of the University of Southern Indiana
Sec. 1. As used in this chapter, "ISU board" means the Indiana State University board of trustees.
Sec. 2. As used in this chapter, "regional campus" means Indiana State University - Regional Campus Evansville, a regional campus managed by the ISU board in Vanderburgh County, Indiana.
Sec. 3. As used in this chapter, "university board" means the University of Southern Indiana board of trustees established by P.L.218-1985.
Sec. 4. (a) Before July 1, 1985, the ISU board shall transfer all property and other assets, regardless of whether the assets are real, personal, tangible, or intangible, located on the regional campus.
(b) Before July 1, 1985, the university board shall accept the transfer of assets described in subsection (a) and assume the liabilities described in section 5 of this chapter.
(c) The university board and the ISU board shall enter into one (1) or more agreements that implement this chapter and that do not conflict with P.L.218-1985. The agreements must:
(1) list or otherwise describe all assets to be transferred to the university board under subsection (a);
(2) delineate the means of the transfers described in subsection (a), either by deed, bill of sale, or other appropriate conveyance;
(3) delineate the required timing for each transfer described in subsection (a);
(4) list or otherwise describe all obligations to be assumed by the university and the means and procedures for providing
for payment and satisfaction of each obligation by the
university;
(5) provide for the joint use contracts described in section 5(d)
of this chapter;
(6) provide for indemnification of the ISU board by the
university board, as necessary or appropriate, in regard to
any liabilities of the ISU board assumed by the university
board; and
(7) provide for any other matters that are necessary and
consistent with P.L.218-1985.
Sec. 5. (a) The university board shall assume all obligations and
other liabilities of the ISU board that have been incurred by the
ISU board for facilities located on the regional campus before the
facilities are transferred to the university board under section 4 of
this chapter.
(b) The liabilities described in subsection (a) include the
following:
(1) Indiana State University Building Facilities Fee Bonds,
Series D of 1971.
(2) Indiana State University Building Facilities Fee Bonds,
Series F of 1975.
(3) Indiana State University Building Facilities Fee Bonds,
Series G of 1978.
(4) Indiana State University Student Union Building
Refunding Bonds (Evansville campus) dated January 1, 1978.
(5) Any interim financing authorized under IC 20-12-6 (before
its repeal, now codified at IC 21-34), IC 20-12-7 (before its
repeal, now codified at IC 21-35), or IC 20-12-9 (before its
repeal, now codified at IC 21-35) and outstanding and unpaid
on July 1, 1985.
(c) The university board shall:
(1) assume all other contractual liabilities and responsibilities
of the ISU board:
(A) not described in subsection (a) or (b);
(B) expiring after June 30, 1985; and
(C) specifically applicable to activities or properties on the
regional campus; and
(2) waive all rights under contracts generally applicable to
Indiana State University.
(d) This subsection applies if:
(1) the ISU board may not lawfully delegate a contractual
obligation described in subsection (c) to the university board;
(2) the ISU board may not lawfully assign a contractual right described in subsection (c) to the university board;
(3) a contractual obligation described in subsection (c) of the ISU board may not be lawfully extinguished; or
(4) the ISU board and the university board agree to continue a contract in its existing form.
The implementing agreements described in section 4 of this chapter must provide for joint use of the contracts described in this subsection in the name of the ISU board for the benefit of ISU and the university board, must allocate between the ISU board and the university board the benefits and costs of each contract described in this subsection, and must provide the terms of payment by the university board to the ISU board or on behalf of the ISU board.
Sec. 6. The university board, under IC 20-12-6 (before its repeal, now codified at IC 21-34), shall:
(1) establish, hold, and invest a building facilities fee fund;
(2) in conformity with the implementation agreements described in section 4 of this chapter, deposit amounts initially collected for a building facilities fee fund from students of the regional campus by Indiana State University into the building facilities fee fund established under subdivision (1);
(3) fix, charge, and collect building facilities fees in amounts sufficient to provide for required payments of principal, interest, and deposits to reserve accounts, if any, on the obligations assumed by the university board, under section 4(c) of this chapter and described in section 5(b) of this chapter, and incurred by the ISU board under IC 20-12-6 (before its repeal, now codified at IC 21-34);
(4) transfer the amounts described in subdivision (3) to the ISU board; and
(5) fix, charge, and collect building fees in amounts sufficient to provide for required payments of principal, interest, and deposits to reserves for obligations incurred by the university board under IC 20-12-6 (before its repeal, now codified at IC 21-34).
Sec. 7. The university board shall:
(1) fix, maintain, and collect the fees, rates, and charges for the student union building transferred to the university board under section 4 of this chapter;
(2) levy and collect service fees from students enrolled in the University of Southern Indiana allocable to the student union building transferred to the university board under the
authority of section 4 of this chapter;
(3) transfer to the ISU board amounts necessary to provide
for payments on the Indiana State University Student Union
Building Refunding Bonds (Evansville campus) dated January
1, 1978; and
(4) otherwise comply with the requirements in the indenture
of mortgage dated January 2, 1978, for the student union
building transferred to the university board under section 4
of this chapter.
Sec. 8. In order to allow the Indiana State University board of
trustees to meet its obligations under section 10 of this chapter, the
University of Southern Indiana board of trustees shall make the
transfers to the Indiana State University board of trustees required
by sections 6 and 7 of this chapter before the Indiana State
University board of trustees fixes and imposes the fees described in
section 10 of this chapter.
Sec. 9. This section applies if the University of Southern Indiana
board of trustees fails to make a transfer required by an agreement
described in section 5(d) of this chapter or required by section 6 or
7 of this chapter, when due, to the Indiana State University board
of trustees. Upon being notified that the University of Southern
Indiana board of trustees has failed to make a transfer described
by this section, the auditor of state shall issue a warrant to the
Indiana State University board of trustees that is equal to the
amount of payment due from the University of Southern Indiana
board of trustees to the Indiana State University board of trustees.
The amount of the warrant shall be paid by the treasurer of state
under IC 4-8.1-2 at the time of its presentation to the extent that
the amount of the warrant does not exceed the undistributed
amounts appropriated by the general assembly to the University of
Southern Indiana board of trustees in that fiscal year. To the extent
that the warrant exceeds the amount of undistributed
appropriations to the University of Southern Indiana board of
trustees, the treasurer of state shall continue to be obligated to pay
the excess in future fiscal years from amounts appropriated to the
University of Southern Indiana board of trustees in subsequent
fiscal years. The amount paid by the treasurer of state under this
section in any fiscal year shall be deducted from the amount
distributable to the University of Southern Indiana board of
trustees from the affected appropriation.
Sec. 10. (a) The Indiana State University board of trustees shall
fix, impose, and collect its own fees and charges in an amount
sufficient, when added to other funds provided by operation of
sections 5(d), 6, 7, and 9 of this chapter and to funds otherwise
available, to make the required payments and otherwise meet all
requirements on all financial obligations and other liabilities
described in section 5 of this chapter.
(b) Except as otherwise provided by section 5 of this chapter,
after the assumption of liabilities described in section 5 of this
chapter, the Indiana State University board of trustees shall
continue to:
(1) remain liable for the assumed liabilities;
(2) remain obligated to fix, impose, and collect the fees and
charges described in subsection (a); and
(3) repay the assumed indebtedness as the indebtedness
becomes due;
after the University of Southern Indiana board of trustees assumes
the liabilities described in section 5 of this chapter.
Sec. 11. P.L.218-1985 does not impair any contract in existence
on April 16, 1985.
(1) IC 20-12-1-2, after April 25, 1989, and before its repeal; or
(2) IC 20-12-61-13, after April 25, 1989, and before its repeal;
is legalized and validated.
(b) On July 1, 1987, the Indiana University School of Medicine, as authorized by P.L.238-1987, becomes the owner of all the personal property of the state anatomical board abolished by P.L.238-1987.
Chapter 1.7. Transition From the Division of Labor to the Department of Labor
Sec. 1. Any rule of the division of labor filed with the secretary
of state before July 1, 1985, shall be treated after June 30, 1985, as
if it had been adopted by the department of labor established by
P.L.37-1985.
Sec. 2. On July 1, 1985, all powers, duties, and liabilities of the
division of labor are transferred to the department of labor
established by P.L.37-1985.
Sec. 3. After June 30, 1985, any reference to the division of labor
in any statute or rule shall be treated as a reference to the
department of labor established by P.L.37-1985.
Sec. 4. On July 1, 1985, all records and property of the division
of labor are transferred to the department of labor established by
P.L.37-1985.
Sec. 5. The staff of the department of labor established by
P.L.37-1985 shall be composed initially from among employees of
the division of labor.
(b) Having received and considered testimony concerning the customary and usual wage payment practices of employers, it is the intent of the general assembly that the ten (10) day period referenced in section 1 of this chapter, before its amendment by P.L.51-2007, be construed as ten (10) business days (as defined in section 0.5 of this chapter, as added by P.L.51-2007).
(c) This section expires July 1, 2017.
(b) Employees of the office of occupational development who are employed on July 1, 1987, and who become employees of the department of employment and training services under this section are entitled to have their service under the office of occupational development included for the purpose of computing retention points under IC 4-15-2-32 in the event of a layoff.
by P.L.11-1994 applies only to contracts entered into or renewed
after March 31, 1994.
(1) rights or liabilities accrued; or
(2) proceedings begun;
before July 1, 1994. Those rights and liabilities accrued and proceedings begun shall be imposed and enforced under prior law as if P.L.14-1994 had not been enacted.
Chapter 1.7. Transitional Provisions Relating to the Mining Board
Sec. 1. Any rule of:
(1) the department of mines and mining;
(2) the board established under IC 22-10-1-5 (before its repeal); or
(3) the certification board established under IC 22-10-3-7 (before its repeal);
filed with the secretary of state before July 1, 1985, shall be treated after June 30, 1985, as if it had been adopted by the mining board established by P.L.37-1985.
Sec. 2. On July 1, 1985, all powers, duties, and liabilities of:
(1) the department of mines and mining;
(2) the board established under IC 22-10-1-5 (before its repeal); and
(3) the certification board established under IC 22-10-3-7 (before its repeal);
are transferred to the mining board established by P.L.37-1985.
Sec. 3. On July 1, 1985, all records and property of:
(1) the department of mines and mining;
(2) the board established under IC 22-10-1-5 (before its repeal); and
(3) the certification board established under IC 22-10-3-7 (before its repeal);
are transferred to the mining board established by P.L.37-1985.
(1) Title XVIII of the federal Social Security Act (42 U.S.C. 1395 et seq.).
(2) Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(b) Section 2(b) of this chapter does not apply to this section.
not revert to the state general fund. Deposits or transfers may not
be made to the firefighting and emergency equipment revolving
loan fund, and new loans may not be made from the firefighting
and emergency equipment revolving loan fund after June 30, 2007.
(b) Money remaining in the firefighting and emergency
equipment revolving loan fund on June 30, 2007, must be
transferred before August 1, 2007, to the fund.
(c) If money in the firefighting and emergency equipment
revolving loan fund is transferred under subsection (b), the
firefighting and emergency equipment revolving loan fund is
abolished immediately after the transfer under subsection (b) is
completed.
(d) Notwithstanding the repeal of IC 22-14-5, if a loan provided
under IC 22-14-5-1 (before its repeal) remains outstanding on June
30, 2007, the qualified entity to whom the loan was provided shall
repay the loan, subject to the original terms and conditions of the
loan, to the department of homeland security established by
IC 10-19-2-1 for deposit in the fund.
(e) This section expires on the later of the following:
(1) August 1, 2007.
(2) The date on which the last outstanding loan provided
under IC 22-14-5-1 (before its repeal) is repaid to the
department of homeland security under subsection (d).
Chapter 17.3. Transitional Provisions
Sec. 1. As used in this chapter, "repealed statute" refers to any of the following repealed by P.L.149-1986:
(1) IC 23-1-1.
(2) IC 23-1-2.
(3) IC 23-1-3.
(4) IC 23-1-4.
(5) IC 23-1-5.
(6) IC 23-1-6.
(7) IC 23-1-7.
(8) IC 23-1-8.
(9) IC 23-1-9.
(10) IC 23-1-10.
(11) IC 23-1-11.
(12) IC 23-1-12.
(13) IC 23-3.
Sec. 2. Except as provided in section 3 of this chapter, the repeal of a repealed statute does not affect any of the following:
(1) The operation of the repealed statute or any action taken under it before its repeal, including (without limitation) the continuing validity of a corporation's articles of incorporation and bylaws, indemnification provisions for directors, officers, employees, and agents, resolutions of the board of directors and shareholders, and corporate name, all as adopted by any domestic corporation before August 1, 1987, or the date specified in a resolution of the board of directors adopted under IC 23-1-17-3(b), as added by P.L.149-1986, to the same extent that any of these would have been valid had the repealed statute not been repealed.
(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the repealed statute before its repeal.
(3) Any violation of the repealed statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal.
(4) Any proceeding, reorganization, or dissolution commenced under the repealed statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the repealed statute as if it had not been repealed.
Sec. 3. If a penalty or punishment imposed for violation of a repealed statute is reduced by P.L.149-1986, the penalty or punishment if not already imposed shall be imposed in accordance with P.L.149-1986.
Sec. 4. Effective August 1, 1987, each resident agent and resident agent's address existing on that date shall be considered the registered agent and registered office, respectively, required by P.L.149-1986.
Sec. 5. Effective August 1, 1987, or the date specified in a resolution of the board of directors adopted under IC 23-1-17-3(b), as added by P.L.149-1986, any existing certificate of resolution of a board of directors designating and stating rights and preferences of shares shall be considered a part of the corporation's articles of incorporation for purposes of P.L.149-1986.
only and should not be construed as modifications of existing law.
(1) or otherwise affect the organization or the continued existence of a limited partnership existing before July 1, 1988; or
(2) any contract or affect any right accrued before July 1, 1988.
(1) Any action taken:
(A) under:
(i) IC 23-7-1.1;
(ii) the Indiana general not-for-profit corporation act of 1935; or
(iii) any prior law under which domestic nonprofit entities were organized;
before the repeal of IC 23-7-1.1; or
(B) before the applicability of P.L.179-1991 to a nonprofit entity;
whichever is later, including the continuing validity of a domestic nonprofit entity's articles of incorporation, bylaws, or other organic documents, indemnification provisions for directors, officers, employees, and agents, resolutions of the board of directors or governing body and name.
(2) A ratification, a right, a remedy, a privilege, an obligation, or a liability acquired, accrued, or incurred before the
applicability of P.L.179-1991 to a nonprofit entity under:
(A) IC 23-7-1.1 (before its repeal);
(B) the Indiana general not-for-profit corporation act of
1935 before the repeal of IC 23-7-1.1; or
(C) any prior law under which domestic nonprofit entities
were organized.
(3) A:
(A) violation of:
(i) IC 23-7-1.1 (before its repeal);
(ii) the Indiana general not-for-profit corporation act of
1935; or
(iii) any prior law under which domestic nonprofit
entities were organized; or
(B) penalty, forfeiture, or punishment incurred because of
the violation before the applicability of P.L.179-1991 to a
nonprofit entity.
(4) A proceeding, reorganization, or dissolution commenced
before the applicability of P.L.179-1991 to a nonprofit entity
under:
(A) IC 23-7-1.1 (before its repeal);
(B) the Indiana general not-for-profit corporation act of
1935 before the repeal of IC 23-7-1.1; or
(C) any prior law under which domestic nonprofit entities
were organized.
The proceeding, reorganization, or dissolution may be
completed in accordance with IC 23-7-1.1 (before its repeal),
the Indiana general not-for-profit corporation act of 1935, or
any prior law under which nonprofit corporations were
organized as if P.L.179-1991 had not been enacted.
(5) Any action as a result of a meeting of members or
directors or action by written consent taken before the
applicability of P.L.179-1991 to a nonprofit entity.
(b) If a penalty or punishment imposed for a violation of:
(1) IC 23-7-1.1 (before its repeal);
(2) the Indiana general not-for-profit corporation act of 1935;
or
(3) any prior law under which domestic nonprofit entities
were organized;
is reduced by P.L.179-1991, the penalty or punishment shall, if not
already imposed, be imposed in accordance with P.L.179-1991.
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The predecessor act
exclusively governs all actions or proceedings that are pending on
June 30, 2008, or may be instituted on the basis of conduct
occurring before July 1, 2008, but a civil action may not be
maintained to enforce any liability under the predecessor act unless
instituted within any period of limitation that applied when the
cause of action accrued or within five (5) years after June 30, 2008,
whichever is earlier.
(b) All effective registrations under the predecessor act and all
administrative orders relating to the registrations, rules,
statements of policy, interpretative opinions, declaratory rulings,
no-action determinations, and conditions imposed on the
registrations under the predecessor act remain in effect while they
would have remained in effect if this article had not been enacted,
and are considered to have been filed, issued, or imposed under this
article, but are exclusively governed by the predecessor act.
(c) The predecessor act exclusively applies to an offer or sale
made within one (1) year after June 30, 2008, under an offering
made in good faith before July 1, 2008, on the basis of an
exemption available under the predecessor act.
(1) The addition of sections 0.5, 4.5, 8.5, 13.5, 14.5, and 15.3 of this chapter by P.L.135-2006 does not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.
(2) The amendments made to sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this chapter by P.L.135-2006 do not affect a legal proceeding or appeal initiated under this chapter before July 1, 2006.
(1) When the attorney general becomes capable of receiving the information reported in an electronic format.
(2) July 1, 2008.
(1) The amendments made to section 201 of this chapter by P.L.163-1999 do not apply to consumer loans in existence before July 1, 1999.
(2) The amendments made to section 209(1) of this chapter by P.L.159-2001 apply to a contract between a lender and a debtor that is entered into or renewed after June 30, 2001.
(1) The amendments made to section 101 of this chapter by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1, 1988.
(2) The amendments made to section 101 of this chapter by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before
January 1, 1994.
(1) The amendments made to sections 2, 3, and 4 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.
(2) The amendments made to sections 2 and 3 of this chapter by P.L.174-1997 apply to local telephone directories published after May 31, 1997.
(1) The amendments made to section 2 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.
(2) The amendments made to section 23 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.
(1) be construed together with section 4(c) of this chapter as enacted by P.L.73-2004, SECTION 33; and
(2) apply as if the language of section 4(c) of this chapter, as amended by P.L.3-2005, SECTION 1, had been part of section 4(c) of this chapter as first enacted.
Chapter 0.1. Effect of Certain Acts
Sec. 1. A SECTION of P.L.257-1987 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before September 1, 1987. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.257-1987 had not been enacted.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. (a) The rules adopted by the
health professions bureau before July 1, 2005, and in effect on June
30, 2005, shall be treated after June 30, 2005, as the rules of the
agency.
(b) On July 1, 2005, the agency becomes the owner of all the
property of the health professions bureau. An appropriation made
to the health professions bureau shall be treated after June 30,
2005, as an appropriation to the agency.
(c) Any reference in a law, a rule, a license, a registration, a
certification, or an agreement to the health professions bureau
shall be treated after June 30, 2005, as a reference to the agency.
(1) holds a license, certificate, registration, or permit under this title, IC 16, or IC 22; and
(2) is called to active duty.
(b) This chapter applies to all individuals who:
(1) hold a license, certificate, registration, or permit under this title, IC 15, IC 16, or IC 22; and
(2) have been called to full-time service in the:
(A) armed forces of the United States; or
(B) National Guard;
after September 11, 2001.
before April 30, 1993.
(1) the individual may complete the requirements for certification as a clinical social worker under this article as those requirements existed on June 30, 1997; and
(2) the board shall license the individual as a clinical social worker.
(b) Any reference in a law, a rule, a license, a registration, a certification, or an agreement to the optometric legend drug prescription advisory committee shall be treated after June 30, 2006, as a reference to the board.
(1) was subject to this article, as effective on December 31, 1985; and
(2) would be subject to P.L.93-1985 if it had been entered into after December 31, 1985;
and the rights, duties, and interests flowing from such a transaction remain valid after December 31, 1985, and may be terminated, completed, consummated, or enforced as required or permitted by P.L.93-1985. Security interests arising out of such a transaction that are perfected as of January 1, 1986, shall remain perfected until they lapse as provided by sections 0.4 and 0.5 of this chapter and may be continued as permitted by P.L.93-1985 except
as stated in section 0.3 of this chapter.
(b) With respect to any collateral acquired by the debtor after December 31, 1985, any effective financing statement or continuation statement described in this section applies only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under P.L.93-1985.
(c) The effectiveness of any financing statement or continuation statement filed before January 1, 1986, may be continued by a continuation statement as permitted by P.L.93-1985 except that if P.L.93-1985 requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 0.5 of this chapter must be filed in that office.
(d) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described in the mortgage if P.L.93-1985 had been in effect on the date of recording the mortgage, the mortgage is considered effective as a fixture filing as to such goods under IC 26-1-9-402(6), as amended by P.L.93-1985 and before its repeal, on January 1, 1986.
or priority of the security interest against those persons under
P.L.93-1985, the perfection and priority rights of the security
interest continue until December 31, 1988. The perfection will then
lapse unless a financing statement is filed as provided in subsection
(d) or unless the security interest is perfected otherwise than by
filing.
(b) If a security interest is perfected as of December 31, 1985,
under a law other than this article, as effective on December 31,
1985, which requires no further filing, refiling, or recording to
continue its perfection, perfection continues until and will lapse on
December 31, 1988, unless:
(1) a financing statement is filed as provided in subsection (d);
(2) the security interest is perfected otherwise than by filing;
or
(3) under IC 26-1-9-302(3), as amended by P.L.93-1985 and
before its repeal, the other law continues to govern filing.
(c) If a security interest is perfected by a filing, refiling, or
recording under a law repealed by P.L.93-1985, which required
further filing, refiling, or recording to continue its perfection,
perfection continues and will lapse on the date provided by the
repealed law for the further filing, refiling, or recording unless a
financing statement is filed as provided in subsection (d) or unless
the security interest is perfected otherwise than by filing.
(d) A financing statement may be filed within six (6) months
before the perfection of a security interest would otherwise lapse.
Any such financing statement may be signed by either the debtor
or the secured party. The financing statement must identify the
security agreement, statement, or notice (however denominated in
any statute or other law repealed or modified by P.L.93-1985),
state the office where and the date when the last filing, refiling, or
recording, if any, was made with respect to the security agreement,
statement, or notice and the filing number, if any, or book and
page, if any, of recording, and further state that the security
agreement, statement, or notice, however denominated, in another
filing office under this article, as amended by P.L.93-1985, or
under any statute or other law repealed or modified by
P.L.93-1985 is still effective. IC 26-1-9-401 and IC 26-1-9-103, as
amended by P.L.93-1985 and before their repeal, determine the
proper place to file such a financing statement. Except as specified
in this subsection, the provisions of IC 26-1-9-403(3), as amended
by P.L.93-1985 and before its repeal, for continuation statements
apply to such a financing statement.
reports required under this chapter for the calendar year ending
December 31, 1989, and for every calendar year after 1989.
(1) application that is submitted; or
(2) that is issued, delivered, amended, or renewed;
after December 31, 2003.
(1) The amendments made to section 2 of this chapter by P.L.391-1987(ss) apply only to policies first issued after December 31, 1987.
(2) Notwithstanding the effective date of P.L.124-2009, SECTION 1, the amendments made to section 2 of this chapter by P.L.124-2009 apply to a case in which:
(A) a claim under a policy's uninsured motorist coverage or underinsured motorist coverage arises after December 31, 2009;
(B) a rejection is made under section 2 of this chapter, as amended by P.L.124-2009 of the uninsured motorist coverage or underinsured motorist coverage under which the claim described in subdivision (1) is made; and
(C) the rejection described in clause (B) is made after December 31, 2009.
(1) The amendments made to section 1 of this chapter by P.L.257-1985 apply to insurance policies issued after December 31, 1985.
(2) The amendments made to section 21 of this chapter by P.L.98-1990 apply to a policy issued for delivery in Indiana after June 30, 1990.
(3) The addition of section 23 of this chapter by P.L.152-1990 applies to a statute or rule mandating the offering of health care coverage enacted or adopted after December 31, 1990.
(4) The amendments made to section 23 of this chapter by P.L.119-1991 apply to an insurance policy that is issued or renewed after June 30, 1991.
(5) The addition of section 2.5 of this chapter by P.L.93-1995 applies to all individual accident and sickness policies issued or renewed after December 31, 1997.
(6) The addition of section 2.6 of this chapter (before its repeal) by P.L.93-1995 applies to all individual accident and sickness policies issued or renewed after December 31, 1995.
(7) The amendments made to sections 3 and 19 of this chapter by P.L.91-1998 apply to all accident and sickness policies in force on April 1, 1998.
(8) The amendments made to section 26 of this chapter by P.L.204-2003 apply to a policy of accident and sickness insurance that is issued, delivered, amended, or renewed after June 30, 2003.
(9) The amendments made to section 15.6 of this chapter by P.L.226-2003 apply to a policy of accident and sickness insurance that is issued, delivered, amended, or renewed after June 30, 2003.
(10) The amendments made to section 2.5 of this chapter by P.L.127-2006 apply to a certificate of coverage under a
nonemployer based association group policy of accident and
sickness insurance that is issued, delivered, amended, or
renewed after June 30, 2006.
(11) The amendments made to section 16.5 of this chapter by
P.L.127-2006 apply to a certificate of coverage under a
nonemployer based association group policy of accident and
sickness insurance that is issued, delivered, amended, or
renewed after June 30, 2006.
(12) The amendments made to section 19 of this chapter by
P.L.127-2006 apply to a certificate of coverage under a
nonemployer based association group policy of accident and
sickness insurance that is issued, delivered, amended, or
renewed after June 30, 2006.
(13) The amendments made to section 3 of this chapter by
P.L.98-2007 apply to a policy of accident and sickness
insurance that is issued, delivered, amended, or renewed after
December 31, 2007.
(14) The amendments made to section 2 of this chapter by
P.L.218-2007 apply to a policy of accident and sickness
insurance that is issued, delivered, amended, or renewed after
June 30, 2007.
(15) The addition of section 28 of this chapter by P.L.218-2007
applies to a policy of accident and sickness insurance that is
issued, delivered, amended, or renewed after June 30, 2007.
(b) The association's coverage obligations under this chapter with respect to a member insurer that has a coverage date before March 28, 2006, are governed by this chapter as it existed on January 1, 2006.
(b) The substantive operation and effect of section 8 of this chapter (before its repeal) continues uninterrupted.
(c) P.L.226-1993 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before May 10, 1993. Those rights, liabilities, penalties, offenses, or proceedings continue and shall be imposed and enforced under section 8 of this chapter (before its repeal) as if P.L.226-1993 had not been enacted.
(d) A reference in a statute or rule to section 8 of this chapter shall be treated after May 10, 1993, as a reference to either of the following, whichever applies:
(1) Section 10 of this chapter, as added by P.L.226-1993.
(2) Section 11 of this chapter, as added by P.L.226-1993.
(1) The addition of section 10 of this chapter by P.L.93-1995 applies to all small employer health insurance plans issued or renewed under IC 27-8-15, as amended by P.L.93-1995, after December 31, 1995.
(2) The addition of sections 3.5 and 3.6 of this chapter by P.L.193-2003 applies to an association policy that is issued, delivered, amended, or renewed after June 30, 2003.
(3) The amendments made to sections 2.1, 5.1, and 6 of this chapter by P.L.193-2003 apply to an association policy that is issued, delivered, amended, or renewed after June 30, 2003.
(4) The addition of section 3.2 of this chapter by P.L.51-2004 applies to any billing that occurs on or after March 16, 2004,
regardless of when the health care services to which the bill
applies were provided.
(b) The amendments made to section 6 of this chapter by P.L.170-1999 apply to accident and sickness insurance policies that are issued, delivered, or renewed after June 30, 1999.
(1) The addition of sections 8.5, 10.5, 27, 28, 29, 30, 31, 32, 33, and 34 (before its repeal) of this chapter by P.L.93-1995 applies to all small employer health insurance plans issued or renewed under this chapter, as amended by P.L.93-1995, after December 31, 1995.
(2) The amendments made to sections 9, 14, and 19 of this chapter by P.L.93-1995 apply to all small employer health insurance plans issued or renewed under this chapter, as amended by P.L.93-1995, after December 31, 1995.
(3) Subject to section 31.1(a) of this chapter, as added by P.L.93-1995, section 16 of this chapter, as amended by P.L.93-1995, and section 31.1 of this chapter, as added by P.L.93-1995, apply to all small employer health insurance plans issued or renewed under this chapter, as amended by P.L.93-1995, after December 31, 1997.
(4) The addition of section 34.1 of this chapter by P.L.91-1998 applies to all small employer health insurance plans in force under this chapter on April 1, 1998.
(5) The amendments made to sections 10.5, 14, 19, 27, and 28 of this chapter by P.L.91-1998 apply to all small employer health insurance plans in force under this chapter on April 1, 1998.
(1) are entered into or renewed with employers or individuals; and
(2) become effective after June 30, 1993.
(b) Societies described in subsection (a) may continue to transact business until April 30, 1986, and their licenses may be renewed annually under this article.
(1) The addition of sections 15.3 and 16 of this chapter by P.L.170-1999 applies to health maintenance organization contracts that are issued, delivered, or renewed after June 30, 1999.
(2) The addition of section 18 of this chapter by P.L.166-2003 applies to a health maintenance organization contract that is entered into, delivered, amended, or renewed after December 31, 2003.
(3) The amendments made to section 14 of this chapter by P.L.204-2003 apply to an individual contract or a group contract that is entered into, delivered, amended, or renewed after June 30, 2003.
(4) The amendments made to section 14.8 of this chapter by P.L.226-2003 apply to a group or an individual contract with a health maintenance organization that is entered into, delivered, amended, or renewed after June 30, 2003.
(5) The amendments made to section 14.5 of this chapter by P.L.196-2005 apply to a health maintenance organization contract that is entered into, delivered, amended, or renewed after June 30, 2005.
(6) The amendments made to section 3 of this chapter by P.L.218-2007 apply to a health maintenance organization contract that is entered into, delivered, amended, or renewed after June 30, 2007.
(7) The addition of section 19 of this chapter by P.L.109-2008 applies to an individual contract or a group contract that is entered into, delivered, amended, or renewed after June 30, 2008.
maintenance organization and a participating provider that is
entered into, amended, or renewed on or after April 26, 2007.
(1) enhance their financial strength and flexibility;
(2) support long term growth internally and through mergers and acquisitions; and
(3) expand and enhance the domestic insurance companies of this state.
(b) This article provides an alternative organizational structure to help strengthen the Indiana mutual insurance industry by permitting mutual insurance companies to:
(1) reorganize into a mutual insurance holding company structure; and
(2) raise capital through the sale of capital stock.
to this chapter apply as follows:
(1) The amendments made to section 10 of this chapter by
P.L.118-1997 do not apply to an individual whose death
occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by
P.L.176-2003 apply only to the estate of an individual who
dies after June 30, 2003.
(3) The amendments made to section 1 of this chapter by
P.L.238-2005 apply to the estate of a person who dies after
June 30, 2004.
(4) The amendments made to section 1 of this chapter by
P.L.61-2006 apply to the estate of an individual who dies after
June 30, 2005.
(1) The amendments made to section 1 of this chapter by P.L.168-1988 do not apply to individuals who die before July 1, 1988.
(2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2005.
(3) The amendments made to sections 1 and 7 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.
(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.
(1) The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
section 1 of this chapter by P.L.118-1997 do not apply to an
individual whose death occurs before July 1, 1997.
(1) The amendments made to section 17 of this chapter by P.L.284-1987 do not apply to wills admitted to probate before April 21, 1987.
(2) The amendments made to sections 18 and 19 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(3) The amendments made to sections 7, 7.5, and 17 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
(1) The amendments made to section 3.8 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 4 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
(1) The amendments made to sections 1 and 3 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to sections 1 and 4.5 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2006.
(1) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2007, and fifty thousand
dollars ($50,000), for the estate of an individual who dies after
June 30, 2007;
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the personal representative or a person acting on behalf of the
distributees, without giving notice to creditors, may immediately
disburse and distribute the estate to the persons entitled to it and file a
closing statement as provided in section 4 of this chapter.
(b) If an estate described in subsection (a) includes real property, an
affidavit may be recorded in the office of the recorder in the county in
which the real property is located. The affidavit must contain the
following:
(1) The legal description of the real property.
(2) The following statement:
(A) If the individual dies after June 30, 2007, the following
statement: "It appears that the decedent's gross probate estate,
less liens and encumbrances, does not exceed the sum of the
following: fifty thousand dollars ($50,000), the costs and
expenses of administration, and reasonable funeral expenses.".
(B) If the individual dies before July 1, 2007, the following
statement: "It appears that the decedent's gross probate
estate, less liens and encumbrances, does not exceed the
sum of the following: twenty-five thousand dollars
($25,000), the costs and expenses of administration, and
reasonable funeral expenses.".
(3) The name of each person entitled to at least a part interest in
the real property as a result of a decedent's death, the share to
which each person is entitled, and whether the share is a divided
or undivided interest.
(4) A statement which explains how each person's share has been
determined.
(1) to the best knowledge of the personal representative or person acting on behalf of the distributees the value of the gross probate
estate, less liens and encumbrances, did not exceed the sum of:
(A) twenty-five thousand dollars ($25,000), for the estate of
an individual who dies before July 1, 2007, and fifty
thousand dollars ($50,000), for the estate of an individual
who dies after June 30, 2007;
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the personal representative or person acting on behalf of the
distributees has fully administered the estate by disbursing and
distributing it to the persons entitled to it; and
(3) the personal representative or person acting on behalf of the
distributees has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants of
whom the personal representative or person acting on behalf of
the distributees is aware and has furnished a full account in
writing of the administration to the distributees whose interests
are affected.
(b) If no actions, claims, objections, or proceedings involving the
personal representative or person acting on behalf of the distributees
are filed in the court within three (3) months after the closing statement
is filed, the appointment of the personal representative or the duties of
the person acting on behalf of the distributees terminate.
(c) A closing statement filed under this section has the same effect
as one (1) filed under IC 29-1-7.5-4.
(d) A copy of any affidavit recorded under section 3(b) of this
chapter must be attached to the closing statement filed under this
section.
(1) The amendments made to sections 2, 13, 17, and 19 of this
chapter by P.L.118-1997 do not apply to an individual whose
death occurs before July 1, 1997.
(2) The amendments made to sections 1, 2, 8, 10, 16, 18, 19,
and 21 of this chapter by P.L.252-2001 apply to the estate of
an individual who dies after June 30, 2001.
(1) The amendments made to section 6 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 6 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
(1) The addition of section 1.5 of this chapter by P.L.266-1989 does not apply to:
(A) a will;
(B) a trust; or
(C) another instrument governing the distribution of assets following an individual's death;
executed before July 1, 1989.
(2) The amendments made to section 7 of this chapter by P.L.266-1989 do not apply to:
(A) a will;
(B) a trust; or
(C) another instrument governing the distribution of assets following an individual's death;
executed before July 1, 1989.
(1) The amendments made to sections 3 and 4 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to section 1 of this chapter by P.L.217-2001 apply to all proceedings pending under IC 31-34
on July 1, 2001, and to all proceedings commenced under
IC 31-34 after June 30, 2001.
(1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8).
(2) IC 29-1-7.5-2.
(3) IC 33-16-2-2 (repealed, now codified at IC 33-42-2-2).
(4) IC 33-19-3-2 (repealed, now codified at IC 33-37-3-2).
(5) IC 35-34-2-3.
(6) IC 35-37-1-5.
(b) This article and the amendments made by P.L.169-1988 to the affected statutes apply to guardianships in existence on June 30, 1989, except to the extent that application of this article and the amendments made by P.L.169-1988 to the affected statutes would contravene any vested or contractual rights in effect on June 30, 1989, in which case the law in effect before July 1, 1989, prevails.
(1) in the decedent's will;
(2) by the terms of the trust; or
(3) in this chapter.
(b) The amendments made to section 31 of this chapter by P.L.143-2009 apply to a trust described in section 31(h) of this chapter, on and after the following dates:
(1) If the trust is not funded as of July 1, 2009, the date of the decedent's death.
(2) If the trust is initially funded in the calendar year beginning January 1, 2009, the date of the decedent's death.
(3) If the trust is not described in subdivision (1) or (2), January 1, 2009.
Chapter 0.1. Legislative Intent
Sec. 1. As used in this chapter, "repealed statutes" refer to the following statutes repealed by P.L.180-1986:
(1) IC 16-1-37-7.
(2) IC 31-1-1.
(3) IC 31-1-2.
(4) IC 31-1-3.
(5) IC 31-1-4.
(6) IC 31-1-5.
(7) IC 31-1-6.
(8) IC 31-1-7.
(9) IC 31-1-8.
(10) IC 31-1-9.
Sec. 2. (a) P.L.180-1986 is intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If P.L.180-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.
(b) P.L.180-1986 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.180-1986 had not been enacted.
(1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15 (before its repeal, now codified at section 16 of this chapter);
(2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and
(3) the court issued an order affirming the marriage as of the date the marriage occurred;
the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate.
(b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief.
(c) The state department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.
(1) was issued under the authority of a circuit, superior, or juvenile court after August 31, 1984, and before April 16, 1985; and
(2) would have been validly issued under IC 31-1-1-1 if that
statute had been in effect;
is legalized if performed in conformity with all other statutes in
effect at the time of the marriage.
(1) entered before February 27, 1937;
(2) granted because of fraud on the part of a party to the marriage; and
(3) granted in a case in which the defendant received service by publication;
is legalized.
(1) was issued before May 1, 1989;
(2) was issued five (5) or more months after the father's death; and
(3) resulted from a civil proceeding for the establishment of paternity that was filed in accordance with IC 31-6-6.1-6 (before its repeal, now codified at IC 31-14-5 and IC 31-14-11):
(A) during the father's lifetime; or
(B) within five (5) months after the father's death;
is legalized and validated to the same extent as if the determination of paternity or related order had been issued during the father's lifetime or within five (5) months after the father's death.
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-6-6.1-13 by P.L.155-1990 (before its repeal, now codified in
this chapter) apply only to a support order issued after June 30,
1990.
(1) recognizes that reform of certain elements concerning the manner in which property of spouses is transferred upon the death of a spouse, when there is no will, has become necessary;
(2) recognizes inconsistencies in the manner in which the property of spouses is divided at marriage dissolution have become apparent;
(3) sees the need for spouses to be able to enter into a legal agreement during their lifetime, concerning which of their property shall be considered individually owned and which of their property shall be considered jointly owned; and
(4) agrees to enact the Property and Inheritance Rights of Spouses Act (amendments made to IC 29-1-2-1, IC 29-1-2-13, IC 29-1-3-6, and IC 31-1-11.5-11, before its repeal, now codified at IC 31-15-7-2 and IC 31-15-7-5).
collect a fee of two dollars ($2) each time the employer makes a
deduction. The fee may be deducted by the employer from the
employee's wages each time the employer makes the deduction for
support.
(b) The amendments made to sections 1 and 3 of this chapter by P.L.39-2002 apply to a child support arrearage that exists after March 14, 2002, regardless of when the arrearage accrued.
apply to a petition for adoption that:
(1) seeks the payment of a subsidy; and
(2) is filed after June 30, 1990.
(b) On July 1, 2003, the board becomes the owner of all the personal property and assets and assumes the obligations and liabilities of the Indiana children's trust fund board, as it existed before July 1, 2003.
(1) was issued before July 1, 1988, without the approval of the state board of health; and
(2) otherwise was issued in compliance with IC 12-3-2 (before its repeal, later codified at IC 12-17-4, before its repeal), as effective before July 1, 1988;
is legalized and validated.
(1) The amendments made to section 1 of this chapter by P.L.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.
(2) The amendments made to section 2.5 of this chapter by P.L.131-2009 apply to proceedings pending on or initiated on or after May 12, 2009.
guardianship of the person matters:
(1) that are pending in a court other than a juvenile court;
and
(2) over which a juvenile court has exclusive original
jurisdiction under this chapter, as amended by P.L.217-2001;
shall be transferred to the juvenile court. A matter transferred
under this section shall be treated as if it were originally filed in the
juvenile court.
1999, if the child has been removed from the child's parent and has
been under the supervision of a county office of family and
children for at least fifteen (15) months of the most recent
twenty-two (22) months. However, if a child's parent, guardian, or
custodian fails to appear at the first periodic case review occurring
after June 30, 1998, the county office of family and children shall
make reasonable efforts to send notice of the advisement to the last
known address of the parent, guardian, or custodian.
(1) IC 30-1-9-7.
(2) IC 32-2-1-7.
(3) IC 32-2-1-8.
(4) IC 32-2-1-9.
(5) IC 32-2-1-10.
(6) IC 32-2-1-14.
(7) IC 32-2-1-15.
(8) IC 32-2-1-16.
(9) IC 32-2-1-17.
(10) IC 32-2-1-18.
(1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to:
(A) easements;
(B) use restrictions; or
(C) other interests created before the root of title;
is not sufficient to preserve them, unless specific identification is made in the muniments of a recorded title transaction that creates the easement, use restriction, or other interest.
(2) All interests preserved by:
(A) the filing of proper notice; or
(B) possession by the same owner continuously for at least fifty (50) years, in accordance with IC 32-20-4-1.
(3) The rights of any person arising from adverse possession or adverse user, if the period of adverse possession or adverse user was wholly or partly subsequent to the effective date of the root of title.
(4) Any interest arising out of a title transaction recorded after the effective date of the root of title from which the unbroken chain of title of record is started. However, the recording shall not revive or give validity to any interest that has been extinguished before the time of the recording by the operation of section 3 of this chapter.
(5) The exceptions stated in IC 32-20-4-3 concerning:
(A) rights of reversioners in leases;
(B) rights of any lessee in and to any lease; and
(C) easements and interests in the nature of easements.
(6) All interests of the department of environmental management arising from the recording of a restrictive covenant under IC 13, regardless of whether the recording occurred before July 1, 2008.
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 32-8-3-1 (before its repeal, now codified at section 1 of this
chapter), IC 32-8-3-3 (before its repeal, now codified at section 3 of
this chapter), and IC 32-8-3-5 (before its repeal, now codified at
section 5 of this chapter) by P.L.53-1999 apply only to contracts
and subcontracts entered into after June 30, 1999.
(b) The addition of IC 32-8-3-16 (before its repeal, now codified
at section 16 of this chapter), IC 32-8-3-17 (before its repeal, now
codified at section 17 of this chapter), and IC 32-8-3-18 (before its
repeal, now codified at section 18 of this chapter) by P.L.53-1999
applies only to contracts and subcontracts entered into after June
30, 1999.
(1) apply to liens that are perfected before, on, or after April 22, 1993; and
(2) do not apply to divest a right that vested before April 22, 1993.
(b) The amendments made to IC 32-8-16-5 (before its repeal, now codified at section 9 of this chapter) by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.
(1) amendments made to IC 34-1-53-10 (before its repeal, later codified at IC 32-15-6-10 (before its repeal), now codified at section 12 of this chapter); and
(2) addition of IC 34-1-53-12 (before its repeal, later codified at IC 32-15-6-12 (before its repeal), now codified at section 14 of this chapter);
by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.
(1) The tax court would have had jurisdiction over the case if the appeal had been initiated before January 1, 2002.
(2) P.L.198-2001 does not provide that the final determination is subject to appeal to the Indiana board of tax review.
(b) IC 33-3-5-14 (as amended by P.L.198-2001 before its repeal, now codified at section 3 of this chapter), and IC 33-3-5-14.2 (as added by P.L.198-2001 before its repeal, now codified at IC 33-26-7-1, IC 33-26-7-2, IC 33-26-7-3, and IC 33-26-7-4), IC 33-3-5-14.5 (as added by P.L.198-2001, before its repeal, now codified at section 5 of this chapter), and IC 33-3-5-14.8 (as added
by P.L.198-2001, before its repeal, now codified at section 6 of this
chapter) apply to appeals initiated under IC 6-1.1-15-5, as
amended by P.L.198-2001, of final determinations of the Indiana
board of tax review issued after December 31, 2001.
(b) The governor shall appoint a person under IC 3-13-6-1(f) to serve as the initial judge added to the Jackson superior court by section 3 of this chapter before January 1, 2008.
(c) The term of the initial judge appointed under subsection (b) begins January 1, 2008, and ends December 31, 2010.
(d) The initial election of the judge of the Jackson superior court added by section 3 of this chapter is the general election on November 2, 2010. The term of the initially elected judge begins January 1, 2011.
(e) This section expires January 1, 2017.
(1) whose term expires December 31, 1997; and
(2) who is serving as a part-time judge on December 31, 1997;
is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6). The municipal court judge whose term expires December 31, 1997, and who is serving as a part-time judge
on that date is entitled to continue serving as a part-time judge of
the Marion superior court established under IC 33-5.1-2 (before its
repeal, now codified at IC 33-33-49-6) until midnight December 31,
2000.
(b) The following apply to the part-time judge described in
subsection (a):
(1) The judge may not practice criminal law in the Marion
superior court but may practice civil law in the Marion
superior court.
(2) The judge may convert to full-time status at any time.
(c) If the judge serving as part-time judge of the Marion
superior court stands for election in the general election held
November 7, 2000, and any subsequent election, and is elected as
judge of the Marion superior court, the judge may continue to
serve as a part-time judge, subject to the provisions of subsection
(b).
(d) If it is determined in a judicial ethics action that the judge
serving as part-time judge of the Marion superior court may not
engage in the practice of civil law before the Marion superior
court, the cases in which the judge has entered an appearance or
filed any pleadings shall be transferred to the Marion circuit court
for further proceedings. The judge may continue to participate in
the cases transferred to the circuit court. Cases transferred to the
circuit court under this subsection have the same effect as if
originally filed in or issued by the Marion circuit court.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 33-19-6-10 (before its repeal, now codified at section 10 of this
chapter) by P.L.213-2001 apply to offenses committed after June
30, 2001.
Chapter 6.9. Application of Certain Statutes to the 1977 and the 1985 Retirement, Disability, and Death Systems
Sec. 1. As used in this chapter, "board" refers to the board of trustees of the public employees' retirement fund.
Sec. 2. IC 33-13-9.1-4 (before its repeal, now codified at IC 33-38-7-11), IC 33-13-10.1-7 (before its repeal, now codified at IC 33-38-8-14), IC 33-13-10.1-9 (before its repeal, now codified at IC 33-38-8-16), and IC 33-13-10.1-10 (before its repeal, now codified at IC 33-38-8-17), all as amended by P.L.282-1995, apply to all benefits paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) and IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8) after June 30, 1995, but do not require the board to recompute any benefits that were paid under IC 33-13-9.1 (before its repeal, now codified at IC 33-38-7) or IC 33-13-10.1 (before its repeal, now codified at IC 33-38-8), before July 1, 1995.
Sec. 3. The amendments made to IC 33-38-7-11 by P.L.28-2005 apply:
(1) to participants in the judges' 1977 retirement, disability, and death benefit system regardless of whether the participants:
(A) retired before July 1, 2005; or
(B) retire after June 30, 2005; and
(2) only to benefits first payable after June 30, 2005.
Sec. 4. The amendments made to IC 33-38-8-13 by P.L.28-2005 apply:
(1) to participants in the judges' 1985 retirement, disability, and death benefit system regardless of whether the participants:
(A) retired before July 1, 2005; or
(B) retire after June 30, 2005; and
(2) only to benefits first payable after June 30, 2005.
(b) As used in this section, "repealed statutes" refers to the following:
(1) IC 33-13-8-1.
(2) IC 33-13-8-4.
(3) IC 33-13-8-10.
(4) IC 33-13-8-10.1.
(5) IC 33-13-8-11.
(6) IC 33-13-8-12.
(7) IC 33-13-8-13.
(8) IC 33-13-8-14.1.
(c) The prior law was intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If the prior law replaces a law in the same form or in a restated form, the substantive operation and effect of that repealed statute continue uninterrupted.
(d) The prior law and the repeal of the repealed statutes do not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before September 1, 1985. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if the prior law had not been enacted and the repealed statutes had not been repealed.
(1) is serving on July 1, 2006; or
(2) begins service after July 1, 2006;
in a position described in section 8 of this chapter.
(before its repeal, now codified in this chapter) by P.L.104-1999
applies only to a deposition taken after December 31, 1999.
(b) The amendments made to IC 34-4-16-6 (before its repeal, now codified at section 6 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.
(1) The amendments made to section 3 of this chapter by P.L.250-2001 apply to a cause of action involving an extreme sport area that accrues after May 11, 2001, regardless of when the extreme sport area was developed.
(2) The amendments made to section 3 of this chapter by P.L.280-2001 apply only to a cause of action that accrues after June 30, 2001.
(b) The amendments made to IC 34-4-16.5-17 (before its repeal, now codified at section 18 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.
(b) The amendments made to IC 16-9.5-9-10 (before its repeal) by P.L.180-1985 do not apply to the chairman of a medical review panel formed before September 1, 1985.
chapter) by P.L.278-1995 applies to a cause of action that accrues
after June 30, 1995.
(b) It is intended that the substantive operation and effect of IC 4-16-3 continue uninterrupted.
(c) P.L.7-1993 does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed; or
(4) proceedings begun;
before July 1, 1993. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under IC 4-16-3 (before its repeal) as if P.L.7-1993 had not been enacted.
(before its repeal, now codified in this chapter) by P.L.310-1987
does not apply to causes of action accruing before June 1, 1987.
now codified in this chapter) by P.L.278-1995 applies to a cause of
action that accrues after June 30, 1995.
(b) The amendments made to IC 34-2-22-1 (before its repeal, now codified at sections 2, 3, and 5 of this chapter) by P.L.208-1993 apply to the accrual of interest after December 31, 1993, on any part of a judgment that is unpaid after December 31, 1993, even if the judgment was rendered before January 1, 1994.
(b) The amendments made to IC 34-2-28-1 (before its repeal, now codified at section 2 of this chapter) by P.L.290-1989 apply to judgments obtained after June 30, 1989.
[EFFECTIVE JULY 1, 2011]:
Chapter 0.1. Application
Sec. 1. This article applies to a cause of action filed after June
30, 2004.
(1) The addition of section 8 of this chapter by P.L.36-1990 does not apply to any bail deposit made under section 3(a)(1) of this chapter (before its repeal) or section 3.1(a)(1) of this chapter (before its repeal) that is made before March 20, 1990.
(2) The amendments made to section 3.1(d) of this chapter (before its repeal) by P.L.156-1994 apply only to the retention or collection of a fee for a bond executed or deposit made after March 11, 1994.
(1) The amendments made to section 7.1 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(2) The amendments made to section 7.1 of this chapter by P.L.280-2001 apply to all convictions for a crime entered after May 11, 2001.
(3) Notwithstanding the amendments made to IC 10-13-6-10, IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and IC 35-38-2.6-3, and the addition of section 27 of this chapter by P.L.140-2006, a probation department, community corrections department, or other agency supervising an
offender on conditional release is not required to collect a
DNA sample before October 1, 2006. However, a probation
department, community corrections department, or other
agency supervising an offender on conditional release is
authorized to collect a DNA sample before October 1, 2006,
and a DNA sample collected before October 1, 2006, may be
analyzed and placed in the convicted offender data base.
(4) Notwithstanding the amendments made to IC 10-13-6-10,
IC 10-13-6-11, IC 35-38-2-2.3, IC 35-38-2.5-6, and
IC 35-38-2.6-3, and the addition of section 27 of this chapter
by P.L.173-2006, a probation department, community
corrections department, or other agency supervising an
offender on conditional release is not required to collect a
DNA sample before October 1, 2006. However, a probation
department, community corrections department, or other
agency supervising an offender on conditional release is
authorized to collect a DNA sample before October 1, 2006,
and a DNA sample collected before October 1, 2006, may be
analyzed and placed in the convicted offender data base.
(5) The addition of section 29 of this chapter by P.L.216-2007
applies only to offenses committed after June 30, 2007.
(6) The amendments to section 7.1 of this chapter by
P.L.119-2008 apply only to crimes committed after June 30,
2008.
(1) The amendments made to section 3 of this chapter by P.L.214-1991 apply only to crimes committed after June 30, 1991.
(2) The addition of section 2.6 of this chapter by P.L.140-2006 applies only to crimes committed after June 30, 2006.
(3) The addition of section 2.6 of this chapter by P.L.173-2006 applies only to crimes committed after June 30, 2006.
(1) IC 31-40-1-1.7(b) (before its repeal).
(2) IC 31-40-1-1.7(d) (before its repeal).
(3) IC 31-40-2-1(a).
(4) IC 31-40-2-1(b).
(5) IC 31-40-2-1.5.
(6) Section 1(c), 1(d), 1(e), and 1(i) of this chapter.
(7) Section 1.5 of this chapter.
(8) Section 1.7 of this chapter.
(1) The amendments made to section 8 of this chapter by P.L.140-1994 apply to crimes committed after June 30, 1994.
(2) The amendments made to section 25 of this chapter by P.L.261-1997 apply to offenses committed after June 30, 1997.
(3) The addition of section 29 of this chapter by P.L.17-2001 applies only to offenses committed after June 30, 2001.
(4) The amendments made to section 8 of this chapter by P.L.156-2001 apply only to crimes committed after June 30, 2001.
(5) The addition of sections 26.5 and 29.4 of this chapter by P.L.156-2001 applies only to crimes committed after June 30, 2001.
(6) The addition of section 4.7 of this chapter by P.L.175-2003 applies only to crimes committed after June 30, 2003.
(7) The amendments made to section 10.5 of this chapter by P.L.26-2006 apply only to crimes committed after June 30, 2006.
(8) The addition of section 5.5 of this chapter by P.L.80-2008 applies only to persons convicted after June 30, 2008.
(1) The amendments made to section 2 of this chapter by P.L.309-1985 do not apply to violations occurring before April 9, 1985.
(2) The amendments made to section 2 of this chapter by
P.L.232-1993 apply only to crimes committed after June 30,
1988.
(3) The amendments made to section 2 of this chapter by
P.L.9-2000 apply only to offenses committed after June 30,
2000.
(4) The amendments made to section 2 of this chapter by
P.L.48-2001 apply to all crimes regardless of whether the
crime was committed before, on, or after July 1, 2001.
(5) The amendments made to section 2(f) of this chapter by
P.L.97-2004 do not apply to offenses committed under
IC 35-42-4-3(c) and IC 35-42-4-3(d) as those provisions
existed before the amendment of IC 35-42-4-3 by P.L.79-1994.
(6) The amendments made to section 2 of this chapter by
P.L.143-2009 apply only to crimes committed after June 30,
2009.
(1) The amendments made to section 1 of this chapter by P.L.296-1989 do not apply to an offense that is committed before July 1, 1989.
(2) The amendments made to sections 1, 3, and 4 of this chapter by P.L.261-1997 apply to offenses committed after June 30, 1997.
(3) The amendments made to section 1 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(4) The amendments made to section 6 of this chapter by P.L.40-2009 apply only to a crime committed after June 30, 2009.
(1) The amendments made to section 1 of this chapter by P.L.255-1996 apply to offenses committed after June 30, 1996.
(2) The amendments made to section 1.5 of this chapter by P.L.261-1997 apply to offenses committed after June 30, 1997.
(3) The addition of section 8 of this chapter by P.L.154-2001 applies only to crimes committed after June 30, 2001.
(4) The amendments made to section 6 of this chapter by
P.L.88-2002 apply only to crimes committed after June 30,
2002.
(5) The amendments made to section 1 of this chapter by
P.L.175-2003 apply only to crimes committed after June 30,
2003.
(6) The amendments made to section 2 of this chapter by
P.L.75-2006 apply only to offenses committed after June 30,
2006.
(7) The amendments made to section 1.3 of this chapter by
P.L.129-2006 apply only to crimes committed after June 30,
2006.
(8) The addition of section 9 of this chapter by P.L.129-2006
applies only to crimes committed after June 30, 2006.
(9) The amendments made to section 6 of this chapter by
P.L.178-2007 apply only to acts committed after June 30,
2007.
(1) The amendments made to section 3 of this chapter by P.L.70-2006 apply only to crimes committed after June 30, 2006.
(2) The amendments made to section 4 of this chapter by P.L.164-2007 apply only to crimes committed after June 30, 2007.
(1) The amendments made to sections 3 and 9 of this chapter by P.L.33-1996 apply to offenses committed after June 30, 1996.
(2) The amendments made to sections 3 and 9 of this chapter by P.L.216-1996 apply to offenses committed after June 30, 1996.
(3) The amendments made to section 4 of this chapter by P.L.3-2002 apply only to crimes committed after June 30, 2002.
(4) The amendments made to section 5 of this chapter by P.L.123-2003 apply only to acts committed after June 30, 2003.
(5) The amendments made to section 6 of this chapter by P.L.118-2002 apply only to acts committed after June 30, 2002.
(6) The amendments made to section 9 of this chapter by P.L.266-2003 apply only to crimes committed after June 30, 2003.
(7) The amendments made to section 6 of this chapter by P.L.124-2005 apply only to offenses committed after June 30, 2005.
(8) The addition of sections 10 and 11 of this chapter by P.L.6-2006 applies only to crimes committed after June 30, 2006.
(9) The addition of section 10 of this chapter by P.L.140-2006 applies only to crimes committed after June 30, 2006.
(10) The amendments made to section 11 of this chapter by P.L.140-2006 apply only to crimes committed after June 30, 2006.
(11) The addition of section 10 of this chapter by P.L.173-2006 applies only to crimes committed after June 30, 2006.
(12) The amendments made to section 11 of this chapter by P.L.173-2006 apply only to crimes committed after June 30, 2006.
(13) The amendments made to sections 3, 6, 9, 10, and 11 by P.L.216-2007 apply only to offenses committed after June 30, 2007.
(14) The addition of sections 12 and 13 of this chapter by P.L.119-2008 applies only to crimes committed after June 30, 2008.
(15) The amendments made to section 7 of this chapter by P.L.125-2009 apply only to crimes committed after June 30, 2009.
(1) The amendments made to section 4 of this chapter by P.L.156-2001 apply only to crimes committed after June 30, 2001.
(2) The amendments made to section 2 of this chapter by P.L.108-2002 apply only to acts committed after June 30, 2002.
(3) The amendments made to section 2 of this chapter by
P.L.116-2002 apply only to acts committed after June 30,
2002.
(4) The amendments made to section 2 of this chapter by
P.L.123-2002 apply only to acts committed after June 30,
2002.
(5) The amendments made to section 2 of this chapter by
P.L.140-2006 apply only to crimes committed after June 30,
2006.
(6) The amendments made to section 2 of this chapter by
P.L.173-2006 apply only to crimes committed after June 30,
2006.
(1) The amendments made to section 3 of this chapter by P.L.79-2009 apply only to crimes committed after June 30, 2009.
(2) The amendments made to section 2 of this chapter by P.L.158-2009 apply only to crimes committed after June 30, 2009.
(1) The amendments made to section 4 of this chapter by P.L.84-2001 are intended to specify that the scope of the amended terms includes retail sales receipts, universal product codes (UPC), and other product identification codes. The amendment of these definitions shall not be construed to mean that these terms did not cover retail sales receipts, universal product codes (UPC), and other product identification codes before July 1, 2001.
(2) The addition of section 2.7 of this chapter by P.L.143-2005 applies to offenses committed after June 30, 2005.
(3) The amendments made to section 3 of this chapter by P.L.143-2005 apply to offenses committed after June 30, 2005.
(4) The amendments made to section 2 of this chapter by P.L.158-2009 apply only to crimes committed after June 30, 2009.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The following amendments
to this chapter apply as follows:
(1) The addition of sections 14, 15, 16, and 17 of this chapter
by P.L.84-2001 applies only to offenses committed after June
30, 2001.
(2) The amendments made to section 1 of this chapter by
P.L.84-2001 are intended to specify that the scope of the
amended terms includes retail sales receipts, universal
product codes (UPC), and other product identification codes.
The amendment of these definitions shall not be construed to
mean that these terms did not cover retail sales receipts,
universal product codes (UPC), and other product
identification codes before July 1, 2001.
(3) The addition of section 3.6 of this chapter by P.L.123-2002
applies only to acts committed after June 30, 2002.
(4) The amendments made to sections 1 and 3.5 of this chapter
by P.L.22-2003 apply only to crimes committed after June 30,
2003.
(5) The addition of sections 18 and 19 of this chapter by
P.L.171-2005 applies only to offenses committed after June
30, 2005.
(6) The amendments made to section 4 of this chapter by
P.L.181-2005 apply only to offenses committed after June 30,
2005.
(7) The addition of section 4.5 of this chapter by P.L.181-2005
applies only to offenses committed after June 30, 2005.
(8) The amendments made to section 3.5 of this chapter by
P.L.125-2006 apply only to crimes committed after June 30,
2006.
(9) The addition of section 4.3 of this chapter by P.L.125-2006
applies only to crimes committed after June 30, 2006.
(10) The addition of section 20 of this chapter by P.L.81-2008
applies only to crimes committed after June 30, 2008.
(11) The addition of section 3.8 of this chapter by
P.L.137-2009 applies only to crimes committed after June 30,
2009.
(12) The amendments made to sections 3.5 and 4.3 of this
chapter by P.L.137-2009 apply only to crimes committed after
June 30, 2009.
to this chapter apply as follows:
(1) The amendments made to section 1 of this chapter by
P.L.222-2005 apply only to crimes committed after June 30,
2005.
(2) The amendments made to sections 2 and 7 of this chapter
by P.L.222-2005 apply only to crimes committed after May
11, 2005.
(3) The amendments made to section 5 of this chapter by
P.L.69-2007 apply to offenses committed after June 30, 2007.
(1) The amendments made to section 2 of this chapter by P.L.156-2001 apply only to crimes committed after June 30, 2001.
(2) The amendments made to section 2 of this chapter by P.L.232-2003 apply only to offenses committed after June 30, 2003.
(3) The amendments made to section 2 of this chapter by P.L.140-2005 apply only to crimes committed after June 30, 2005.
(4) The amendments made to section 2 of this chapter by P.L.123-2002 apply only to acts committed after June 30, 2002.
(5) The addition of section 5 of this chapter by P.L.110-2009 applies only to offenses committed after June 30, 2009.
(1) The amendments made to section 3 of this chapter by P.L.13-1998 apply only to offenses committed after June 30, 1998.
(2) The addition of section 13 of this chapter by P.L.139-2006 applies only to crimes committed after June 30, 2006.
(3) The addition of section 13 of this chapter by P.L.140-2006 applies only to crimes committed after June 30, 2006.
(4) The amendments made to section 3 of this chapter by P.L.143-2006 apply only to acts committed after June 30, 2006.
(5) The addition of section 13 of this chapter by P.L.173-2006
applies only to crimes committed after June 30, 2006.
(6) The addition of section 9.3 of this chapter by P.L.173-2006
applies only to crimes committed after June 30, 2006.
(7) The amendments made to section 13 of this chapter by
P.L.216-2007 apply only to offenses committed after June 30,
2007.
(8) The amendments made to section 2 of this chapter by
P.L.159-2009 apply only to crimes committed after June 30,
2009.
(1) The amendments made to section 3 of this chapter by P.L.123-2002 apply only to acts committed after June 30, 2002.
(2) The amendments made to section 3 of this chapter by P.L.3-2006 apply only to crimes committed after March 2, 2006.
(1) The addition of section 5 of this chapter by P.L.71-2002 applies only to acts committed after June 30, 2002.
(2) The amendments made to section 1 of this chapter by P.L.175-2003 apply only to crimes committed after June 30, 2003.
(3) The amendments made to section 1 of this chapter by P.L.3-2006 apply only to crimes committed after March 2, 2006.
(1) The amendments made to section 1 of this chapter by P.L.123-2003 apply only to acts committed after June 30, 2003.
(2) The addition of section 1.5 of this chapter by P.L.123-2003 applies only to acts committed after June 30, 2003.
(3) The enhanced penalty under section 5(b)(2) of this chapter, as added by P.L.7-2005, applies only if at least one (1) of the
offenses is committed after June 30, 2005.
(1) The amendments made to sections 2 and 3 of this chapter by P.L.70-2005 apply only to crimes committed after June 30, 2005.
(2) The amendments made to sections 3 and 4 of this chapter by P.L.227-2007 apply only to crimes committed after June 30, 2007.
(3) The addition of section 3.5 of this chapter by P.L.227-2007 applies only to crimes and infractions committed after June 30, 2007.
(1) The amendments made to section 1 of this chapter by P.L.112-1998 apply only to offenses committed after June 30, 1998.
(2) The amendments made to section 1 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(3) The amendments made to section 1 of this chapter by P.L.227-2007 apply only to crimes committed after June 30, 2007.
(4) The amendments made to section 1 of this chapter by P.L.143-2009 apply only to crimes committed after June 30, 2009.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The addition of this
chapter by P.L.112-1998 applies only to offenses committed after
June 30, 1998.
(b) The amendments made to section 5 of this chapter by
P.L.123-2002 apply only to acts committed after June 30, 2002.
(1) The amendments made to section 12 of this chapter by P.L.145-2001 apply only to crimes committed after June 30, 2001.
(2) The amendments made to section 15.1 of this chapter by P.L.280-2001 apply only to offenses committed after May 11, 2001.
(3) The amendments made to section 9.5 of this chapter by P.L.61-2003 apply to an offense committed after June 30, 2003.
(4) The amendments made to sections 4 and 8 of this chapter by P.L.46-2004 apply only to offenses committed after June 30, 2004.
(5) The amendments made to section 9 of this chapter by
P.L.130-2005 apply only to crimes committed after June 30,
2005.
(6) The amendments made to section 4 of this chapter by
P.L.26-2006 apply only to crimes committed after June 30,
2006.
(7) The amendments made to section 4 of this chapter by
P.L.15-2007 apply only to crimes committed after June 30,
2007.
(8) The amendments made to section 4 of this chapter by
P.L.109-2007 apply only to crimes committed after June 30,
2007.
(9) The addition of sections 21 and 22 of this chapter by
P.L.146-2007 applies only to crimes committed after June 30,
2007.
(1) The addition of sections 8.5 and 9.5 of this chapter by P.L.76-2002 applies only to acts committed after June 30, 2002.
(2) The amendments made to section 12 of this chapter by P.L.132-2002 apply only to crimes committed after June 30, 2002.
(3) The amendments made to sections 11 and 11.5 of this chapter by P.L.9-2003 apply only to offenses committed after June 30, 2003.
(4) The addition of section 11.3 of this chapter by P.L.9-2003 applies only to offenses committed after June 30, 2003.
(5) The amendments made to section 12 of this chapter by P.L.7-2007 apply only to:
(A) offenses; and
(B) acts that would be a crime if committed by an adult;
that are committed after June 30, 2007.
(6) The amendments made to sections 8 and 12 of this chapter by P.L.171-2007 apply only to crimes committed after June 30, 2007. However, the amendments made to section 12(d) of this chapter by P.L.171-2007 apply only to:
(A) crimes; and
(B) delinquent acts that would be crimes if committed by an adult;
that are committed after June 30, 2007.
(7) The addition of sections 12.5 and 14 of this chapter by P.L.171-2007 applies only to crimes committed after June 30, 2007.
(8) The amendments made to sections 0.5, 7, 3, 10, and 12 of this chapter by P.L.111-2009 apply only to crimes committed after June 30, 2009.
(1) The addition of section 4 of this chapter (now repealed) by P.L.140-1994 applies to crimes committed after June 30, 1994.
(2) The amendments made to section 5 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(3) The amendments made to section 6 of this chapter by P.L.195-2003 apply only to crimes committed after June 30, 2003.
June 30, 2006.
(b) The following amendments to this chapter apply as follows:
(1) The amendments made to sections 1 and 2 of this chapter by P.L.123-2002 apply only to acts committed after June 30, 2002.
(2) The addition of section 3 of this chapter by P.L.123-2002 applies only to acts committed after June 30, 2002.
(1) The amendments made to section 18 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(2) The addition of section 9.3 of this chapter by P.L.225-2003 applies only to a controlled substance offense under IC 35-48-4 that occurs after June 30, 2003.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.1. (a) A registration to
manufacture, distribute, or dispense a controlled substance that is:
(1) issued by the Indiana state board of pharmacy under this
chapter, as effective April 30, 1986; and
(2) in effect on April 30, 1986;
does not expire until the date specified for renewal of the
registration under section 3 of this chapter, as amended by
P.L.156-1986. However, the registrant is liable for a prorated
renewal fee proportionate to the fraction of the renewal period
specified under section 3 of this chapter, as amended by
P.L.156-1986, that the extended registration is in effect.
(b) The health professions bureau shall:
(1) notify a registrant described under subsection (a) in
writing of; and
(2) collect;
the amount of the prorated fee applicable to the registrant's
extended registration.
(c) The health professions bureau shall issue to a registrant
described under subsection (a) such evidence of the registrant's
extended registration as the state board of pharmacy requires.
(1) The amendments made to section 13 of this chapter by P.L.31-1998 apply only to offenses committed after June 30, 1998. An offense committed under section 13 of this chapter before July 1, 1998, may be prosecuted and remains punishable as provided in section 13 of this chapter, as effective before July 1, 1998.
(2) The amendments made to sections 1, 2, 3, 4, 6, 7, 10, and 13 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(3) The addition of section 4.1 of this chapter by P.L.17-2001 applies only to offenses committed after June 30, 2001.
(4) The addition of section 13.3 of this chapter by P.L.225-2003 applies only to acts committed after June 30, 2003.
(5) The amendments made to section 14.5 of this chapter by P.L.225-2003 apply only to acts committed after June 30, 2003.
(6) The addition of section 0.5 of this chapter by P.L.225-2003 applies only to a controlled substance offense under this chapter that occurs after June 30, 2003.
(7) The amendments made to section 14.5 of this chapter by P.L.192-2005 apply only to offenses committed after June 30, 2005.
(8) The addition of section 14.7 of this chapter by P.L.192-2005 applies only to offenses committed after June 30, 2005.
(9) The addition of sections 1.1 and 6.1 of this chapter by P.L.151-2006 applies only to crimes committed after June 30, 2006.
(10) The amendments made to sections 1, 6, 14.5, and 14.7 of this chapter by P.L.151-2006 apply only to crimes committed after June 30, 2006.
(1) The amendments made to section 3 of this chapter by P.L.3-2002 apply only to crimes committed after June 30, 2002.
(2) The amendments made to section 3 of this chapter by P.L.140-2006 apply only to crimes committed after June 30, 2006.
(1) The amendments made to section 2 of this chapter by P.L.304-1995 apply to crimes committed after June 30, 1995.
(2) The amendments made to section 2 of this chapter by P.L.266-2003 apply only to crimes committed after June 30, 2003.
(3) The amendments made to section 2 of this chapter by P.L.126-2008 apply only to crimes committed after June 30, 2008.
(1) The amendments described in section 0.2 of this chapter apply as described in section 0.2 of this chapter.
(2) The amendments made to sections 3 and 9 of this chapter by P.L.332-1987 do not apply to a case in which a death sentence has been imposed before September 1, 1987.
(3) The amendments made to section 9 of this chapter by P.L.296-1989 do not apply to an offense that is committed before July 1, 1989.
(4) The amendments made to section 2 of this chapter by P.L.214-1991 apply only to crimes committed after June 30, 1991.
(5) The amendments made to sections 3 and 9 of this chapter by P.L.250-1993 apply only to murders committed after June 30, 1993.
(6) The amendments made to section 2 of this chapter by P.L.11-1994 apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.
(7) The addition of section 13 of this chapter by P.L.148-1995 applies to offenses committed after June 30, 1995.
(8) The amendments made to section 11 of this chapter by P.L.203-1996 apply to offenses committed after June 30, 1996.
(9) The amendments made to section 9 of this chapter by P.L.228-1996 apply to crimes committed after June 30, 1996.
(10) The amendments made to section 9 of this chapter by P.L.261-1997 apply to offenses committed after June 30, 1997.
(11) The amendments made to section 2 of this chapter by P.L.17-2001 apply only to offenses committed after June 30, 2001.
(12) The amendments made to section 8 of this chapter by P.L.166-2001 apply only if the offense for which the state seeks to have the person sentenced as a habitual offender was committed after June 30, 2001.
(13) The amendments made to section 1 of this chapter by P.L.243-2001 apply to crimes committed on and after May 11, 2001. It is the intent of the general assembly that section 1 of this chapter, as it applies to crimes committed before May 11, 2001, be construed without drawing any inference from the
passage of P.L.243-2001.
(14) The amendments made to section 8(b)(3) of this chapter
by P.L.291-2001 apply only if the last offense for which the
state seeks to have the person sentenced as a habitual offender
was committed after June 30, 2001.
(15) The amendments made to section 10 of this chapter by
P.L.291-2001 apply only if the last offense for which the state
seeks to have the person sentenced as a habitual substance
offender was committed after June 30, 2001. However, a prior
unrelated conviction committed before, on, or after July 1,
2001, may be used to qualify an offender as a habitual
offender under section 8 of this chapter or as a habitual
substance offender under section 10 of this chapter.
(16) The amendments made to section 1 of this chapter by
P.L.291-2001 apply to crimes committed on and after May 11,
2001. It is the intent of the general assembly that section 1 of
this chapter, as it applies to crimes committed before May 11,
2001, be construed without drawing any inference from the
passage of P.L.291-2001.
(17) The amendments made to section 9 of this chapter by
P.L.80-2002 apply only to a conviction for murder that occurs
after March 20, 2002, including a conviction entered as a
result of a retrial of a person, regardless of when the offense
occurred.
(18) The amendments made to section 8.5 of this chapter by
P.L.53-2005 apply only to offenses committed after June 30,
2005.
(19) The addition of section 16 of this chapter by P.L.40-2009
applies only to a crime committed after June 30, 2009.
(20) The amendments made to section 14 of this chapter by
P.L.125-2009 apply only to crimes committed after June 30,
2009.
(1) rights or liabilities accrued;
(2) penalties incurred; or
(3) proceedings begun;
before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be
imposed and enforced under section 8 of this chapter as if
P.L.328-1985 had not been enacted.
(b) If all the felonies relied upon for sentencing a person as a
habitual offender under section 8 of this chapter are felonies that
were committed before September 1, 1985, the felonies shall be
prosecuted and remain punishable under section 8 of this chapter
as if P.L.328-1985 had not been enacted.
(1) The amendments made to section 1 of this chapter by P.L.11-1994 apply only to an offender (as defined in IC 5-2-12-4, as added by P.L.11-1994 and before its repeal) convicted after June 30, 1994.
(2) The amendments made to section 1 of this chapter by P.L.139-2006 apply only to a person who commits a crime after June 30, 2006.
(3) The amendment of section 1 of this chapter by P.L.140-2006 applies only to crimes committed after June 30, 2006.
(4) The amendment of section 1 of this chapter by P.L.173-2006 applies only to crimes committed after June 30, 2006.
(5) The amendments made to section 1(e) and 1(i) of this chapter by P.L.216-2007 apply only to offenses committed
after June 30, 2007.
(6) The amendments made to sections 3, 4, and 5 of this
chapter by P.L.80-2008 apply only to persons convicted after
June 30, 2008.
(1) was established by a unit before July 1, 1997; and
(2) would have been considered a riverboat fund for purposes of section 9 of this chapter if section 9 of this chapter had been in effect before July 1, 1997;
is legalized and validated.
(b) A fund described in subsection (a) is considered a riverboat fund for purposes of section 9 of this chapter.
(1) The addition of section 21 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.
(2) The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.
(1) An insurance policy that is issued or renewed after June 30, 1991.
(2) A contract entered into or renewed after June 30, 1991, under which a prepaid health care delivery plan is to provide
services to enrollees.
(b) A sheriff's salary contract must contain the following provisions:
(1) A fixed amount of compensation for the sheriff in place of fee compensation.
(2) Payment of the full amount of the sheriff's compensation from the county general fund in the manner that salaries of other county officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3) in the county general fund for use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1) of the following methods:
(A) The county fiscal body shall make an appropriation in the usual manner from the county general fund to the sheriff for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. The sheriff shall deposit all meal allowances received under IC 36-8-10-7 in the county general fund for use for any general fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal allowances received under IC 36-8-10-7. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the meal allowances. After the expenses of feeding prisoners are paid, the sheriff shall deposit any unspent meal allowance money in the county general fund for use for any general fund purpose.
(5) A requirement that the sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year.
(6) An expiration date that is not later than the date that the term of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to which the sheriff, the county executive, and the fiscal body agree.
A contract entered before January 1, 1993, by a county sheriff and a county executive or county fiscal body that substantially complies with this subsection is legalized.
(c) A salary contract is entered under this section when a written document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal body; and
(2) signed by the sheriff.
(d) A salary contract entered into under this section before November 1, 2010, with a sheriff who is reelected to office in 2010 is subject to section 17 of this chapter.
(1) On July 1, 2008:
(A) employment positions as of June 30, 2008, of each elected township assessor in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008, including:
(i) the employment position of the elected township assessor; and
(ii) the employment positions of all employees of the elected township assessor;
(B) real and personal property of:
(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and
(ii) township trustee-assessors in the county;
used solely to carry out property assessment duties;
(C) obligations outstanding on June 30, 2008, of:
(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and
(ii) township trustee-assessors in the county;
relating to the assessment of tangible property; and
(D) funds of:
(i) elected township assessors in the county whose duties relating to the assessment of tangible property are transferred to the county assessor under IC 36-6-5-1(h), as added by P.L.146-2008; and
(ii) township trustee-assessors in the county;
on hand for the purpose of carrying out property assessment duties in the amount determined by the county
auditor.
(2) On January 1, 2009:
(A) employment positions as of December 31, 2008, of each
elected township assessor in the county whose duties
relating to the assessment of tangible property are
transferred to the county assessor as the result of a
referendum under this chapter, as amended by
P.L.146-2008, including:
(i) the employment position of the elected township
assessor; and
(ii) the employment positions of all employees of the
elected township assessor;
(B) real and personal property of elected township
assessors in the county whose duties relating to the
assessment of tangible property are transferred to the
county assessor as the result of a referendum under this
chapter, as amended by P.L.146-2008, used solely to carry
out property assessment duties;
(C) obligations outstanding on December 31, 2008, of
elected township assessors in the county whose duties
relating to the assessment of tangible property are
transferred to the county assessor as the result of a
referendum under this chapter, as amended by
P.L.146-2008, relating to the assessment of tangible
property; and
(D) funds of elected township assessors in the county whose
duties relating to the assessment of tangible property are
transferred to the county assessor as the result of a
referendum under this chapter, as amended by
P.L.146-2008, on hand for the purpose of carrying out
property assessment duties in the amount determined by
the county auditor.
(b) Before July 1, 2008, the county assessor shall interview, or
give the opportunity to interview to, each individual who:
(1) is an employee of:
(A) an elected township assessor in the county whose duties
relating to the assessment of tangible property are
transferred to the county assessor under IC 36-6-5-1(h), as
added by P.L.146-2008; or
(B) a trustee-assessor in the county;
as of March 19, 2008; and
(2) applies before June 1, 2008, for an employment position
referred to in subsection (a)(1)(A).
(c) Before December 31, 2008, the county assessor shall
interview, or give the opportunity to interview to, each individual
who:
(1) is an employee of an elected township assessor in the
county whose duties relating to the assessment of tangible
property are transferred to the county assessor as the result
of a referendum under this chapter, as amended by
P.L.146-2008, as of March 19, 2008; and
(2) applies before December 1, 2008, for an employment
position referred to in subsection (a)(2)(A).
(d) A township served on June 30, 2008, by a township assessor
whose duties relating to the assessment of tangible property are
transferred to the county assessor under IC 36-6-5-1(h), as added
by P.L.146-2008 shall transfer to the county assessor all revenue
received after the date of the transfer that is received by the
township for the purpose of carrying out property assessment
duties in the amount determined by the county auditor.
(1) the county supplemental juvenile probation services fund under IC 31-40-2-1;
(2) the county supplemental adult probation services fund under IC 35-38-2-1(f); and
(3) the local supplemental adult probation services fund under IC 35-38-2-1(g);
shall be used to pay for salary increases required under the salary schedule adopted under this chapter and IC 11-13-1-8 that became effective January 1, 2004.
(b) Administrative fees collected that exceed the amount required to pay for salary increases required under the salary schedule adopted under this chapter and IC 11-13-1-8 may be used in any manner permitted under IC 31-40-2-2, IC 35-38-2-1(f), or IC 35-38-2-1(j).
(1) A consolidated city faces unique budget challenges due to a high demand for services combined with the large number
of tax exempt properties located in a consolidated city as the
seat of state government, home to several institutions of
higher education, and home to numerous national, state, and
regional nonprofit corporations.
(2) By virtue of its size and population density, a consolidated
city has unique overlapping territories of county and city
government and an absence of unincorporated areas within
its county.
(3) Substantial operational efficiencies, reduction of
administrative costs, and economies of scale may be obtained
in a consolidated city through consolidation of certain county,
city, and township functions.
(4) Consolidation of certain county, city, and township
services and operations will serve the public purpose by
allowing the consolidated city to:
(A) eliminate duplicative services;
(B) provide better coordinated and more uniform delivery
of local governmental services;
(C) provide uniform oversight and accountability for the
budgets for local governmental services; and
(D) allow local government services to be provided more
efficiently and at a lower cost than without consolidation.
(5) Efficient and fiscally responsible operation of local
government benefits the health and welfare of the citizens of
a consolidated city and is of public utility and benefit.
(6) The public purpose of those parts of P.L.227-2005 relating
to a consolidated city is to provide a consolidated city with the
means to perform essential governmental services for its
citizens in an effective, efficient, and fiscally responsible
manner.
to this chapter apply as follows:
(1) The addition of sections 8.5 and 8.6 (before its repeal) of
this chapter by P.L.379-1987(ss) applies to taxable years that
begin after January 1, 1987.
(2) The amendments made to section 4 of this chapter by
P.L.379-1987(ss) apply to taxable years that begin after
January 1, 1987.
(1) adopts an annexation ordinance under section 3 or 4 of this chapter:
(A) before July 1, 1999; and
(B) that becomes effective after July 1, 1999;
(2) approves the establishment of a fiscal plan under section 13 of this chapter before July 1, 1999; and
(3) is subject to section 8 of this chapter.
(b) Notwithstanding section 8 of this chapter, a municipality described in this section is not required to amend its annexation ordinance and its fiscal plan. However, a municipality described in this section shall comply with section 8 of this chapter.
(b) Notwithstanding any other law, if a city annexed territory before March 1, 1990, and the annexation proceedings included a technical failure to describe a public way that separates the annexed territory from the city, the annexation is legalized and declared valid.
(c) Notwithstanding any other law, if the redevelopment commission of a city adopted a declaratory resolution under IC 36-7-14-15 before March 1, 1990, for any of the annexed territory described in subsection (b), the declaratory resolution is legalized and declared valid. If the declaratory resolution designated any of the annexed territory as an allocation area under IC 36-7-14-39, the assessment date for purposes of determining the base assessed value of the economic development area for purposes
of IC 36-7-14-39 is March 1, 1989.
Chapter 1.1. Township Boundaries
Sec. 1. This chapter applies to any township boundary line that was altered before 1900 but for which the county auditor's records were never updated to reflect the boundary alteration.
Sec. 2. If the property tax records for the townships involved on December 31, 1984, did not reflect the boundary alteration, then the township boundary line shall be treated as if it had never been altered.
Sec. 3. Any action occurring before April 3, 1985, that failed to recognize a township boundary alteration to which this chapter applies is legalized and validated.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The following amendments
to this chapter apply as follows:
(1) The amendments made to section 5 of this chapter by
P.L.335-1985 do not affect a proposal initiated before
September 1, 1986, to amend, repeal, or otherwise change a
comprehensive plan or zoning ordinance under IC 36-7-4.
Such a proposal may be considered, adopted, and approved
under the statutes in effect before September 1, 1986, as if
P.L.335-1985 had not been enacted.
(2) The addition of section 22 of this chapter by P.L.335-1985
does not affect a proposal initiated before September 1, 1986,
to amend, repeal, or otherwise change a comprehensive plan
or zoning ordinance under IC 36-7-4. Such a proposal may be
considered, adopted, and approved under the statutes in effect
before September 1, 1986, as if P.L.335-1985 had not been
enacted.
(3) The amendments made to sections 20 and 22 of this
chapter by P.L.220-1986 do not affect a proposal initiated
before September 1, 1986, to amend, repeal, or otherwise
change a comprehensive plan or zoning ordinance under
IC 36-7-4. Such a proposal may be considered, adopted, and
approved under the statutes in effect before September 1,
1986, as if P.L.220-1986 had not been enacted.
(1) The amendments made to sections 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, and 701 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a
comprehensive plan or zoning ordinance under IC 36-7-4.
Such a proposal may be considered, adopted, and approved
under the statutes in effect before September 1, 1986, as if
P.L.335-1985 had not been enacted.
(2) The addition of sections 613 and 614 of this chapter by
P.L.335-1985 does not affect a proposal initiated before
September 1, 1986, to amend, repeal, or otherwise change a
comprehensive plan or zoning ordinance under IC 36-7-4.
Such a proposal may be considered, adopted, and approved
under the statutes in effect before September 1, 1986, as if
P.L.335-1985 had not been enacted.
(3) The amendments made to sections 214, 503, 504, 506, 509,
510, 511, 601, 602, 603, 604, 605, 606, 610, 612, 711, 712, 801,
802, 1014, and 1020 of this chapter by P.L.220-1986 do not
affect a proposal initiated before September 1, 1986, to
amend, repeal, or otherwise change a comprehensive plan or
zoning ordinance under IC 36-7-4. Such a proposal may be
considered, adopted, and approved under the statutes in effect
before September 1, 1986, as if P.L.220-1986 had not been
enacted.
(b) The acts of the plan commission taken after September 30, 1999, and before March 16, 2000, are legalized.
(b) ADVISORY.AREA. Upon approval, the plan commission shall certify the comprehensive plan to each participating legislative body.
(c) The plan commission may approve each segment of the comprehensive plan as it is completed. However, that approval does not preclude future examination and amendment of the comprehensive plan under the 500 series. A comprehensive plan that:
(1) was approved before March 14, 1994, under this subsection as in effect before March 14, 1994; and
(2) was not filed in the county recorder's office as required by this subsection as in effect before March 14, 1994;
is legalized.
(d) METRO. As used in this subsection, "comprehensive plan" or "plan" includes any segment of a comprehensive plan. Approval of the comprehensive plan by the metropolitan development commission is final. However, the commission may certify the comprehensive plan to the legislative body of each municipality in the county, to the executive of the consolidated city, and to any other governmental entity that the commission wishes. The commission shall make a complete copy of the plan available for inspection in the office of the plan commission. One (1) summary of the plan shall be recorded in the county recorder's office. The summary of the plan must identify the following:
(1) The major components of the plan.
(2) The geographic area subject to the plan, including the townships or parts of townships that are subject to the plan.
(3) The date the commission adopted the plan.
(b) This series (sections 1400 through 1499 of this chapter) may be cited as follows: 1400 SERIES.DEVELOPMENT PLANS.
(b) As used in this section, "local development agreement" refers to the local development agreement:
(1) entered into by:
(A) the town of French Lick;
(B) the town of West Baden Springs;
(C) Orange County;
(D) the commission; and
(E) Blue Sky Casino, LLC; and
(2) dated July 28, 2005.
(c) Notwithstanding any other law, the commission is abolished on July 1, 2007.
(d) Notwithstanding any other law, the term of office of a member of the commission serving on June 30, 2007, terminates July 1, 2007.
(e) Any balance remaining on June 30, 2007, in the community trust fund established under section 8 of this chapter (before its repeal) is transferred to the Orange County development commission established by section 3.5 of this chapter.
(f) On July 1, 2007, all records and property of the commission are transferred to the Orange County development commission established by section 3.5 of this chapter.
(g) Except as provided in subsection (h), an unfulfilled financial commitment made by the commission is void on July 1, 2007.
(h) The Orange County development commission shall assume the commission's commitments to the French Lick Municipal Airport.
(i) Any part of a local development agreement that requires a town to make payments to a county is void on July 1, 2007.
(j) P.L.234-2007 does not affect the validity of a historic hotel district established in Orange County before January 1, 2007, under section 2 of this chapter.
(1) all of the designated taxpayer's depreciable personal property that is located in the allocation area; and
(2) all other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area.
(b) As used in this section, "designated taxpayer" means any taxpayer designated by the commission in a declaratory resolution adopted or amended under section 15 or 17.5 of this chapter, and with respect to which the commission finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service or to provide security for bonds issued under section 25.1 of this chapter or to make payments or to provide
security on leases payable under section 25.2 of this chapter in order to
provide local public improvements for a particular allocation area.
However, a commission may not designate a taxpayer after June 30,
1992, unless the commission also finds that:
(1) the taxpayer's property in the allocation area will consist
primarily of industrial, manufacturing, warehousing, research and
development, processing, distribution, or transportation related
projects; and
(2) the taxpayer's property in the allocation area will not consist
primarily of retail, commercial, or residential projects.
(c) The allocation provision of a declaratory resolution may modify
the definition of "property taxes" under section 39(a) of this chapter to
include taxes imposed under IC 6-1.1 on the depreciable personal
property located and taxable on the site of operations of the designated
taxpayers in accordance with the procedures and limitations set forth
in this section and section 39 of this chapter. If such a modification is
included in the resolution, for purposes of section 39 of this chapter the
term "base assessed value" with respect to the depreciable personal
property means the net assessed value of all the depreciable personal
property as finally determined for the assessment date immediately
preceding:
(1) the effective date of the modification, for modifications
adopted before July 1, 1995; and
(2) the adoption date of the modification for modifications
adopted after June 30, 1995;
as adjusted under section 39(h) of this chapter.
(d) A declaratory resolution of a city redevelopment commission
that is adopted before March 20, 1990, is legalized and validated as
if it had been adopted under this section.
(e) An action taken by a redevelopment commission before
February 24, 1992, to designate a taxpayer, modify the definition
of property taxes, or establish a base assessed value as described in
this section, as in effect on February 24, 1992, is legalized and
validated as if this section, as in effect on February 24, 1992, had
been in effect on the date of the action.
(f) The amendment made to this section by P.L.41-1992, does
not affect actions taken pursuant to P.L.35-1990.
(g) A declaratory resolution or an amendment to a declaratory
resolution that was adopted by:
(1) a county redevelopment commission for a county; or
(2) a city redevelopment commission for a city;
before February 26, 1992, is legalized and validated as if the
declaratory resolution or amendment had been adopted under this
section as amended by P.L.147-1992.
Chapter 0.1. Findings
Sec. 1. The general assembly finds the following:
(1) The eligible counties face unique and distinct challenges and opportunities related to transportation and economic development that are different in scope and type than those faced by other units of local government in Indiana.
(2) A unique approach is required to fully take advantage of the economic development potential of the Chicago, South Shore, and South Bend Railway and the Gary/Chicago International Airport and the Lake Michigan shoreline.
(3) The powers and responsibilities provided to the development authority are appropriate and necessary to carry out the public purposes of encouraging economic development and further facilitating the provision of air, rail, and bus transportation services, projects, and facilities, shoreline development projects, and economic development projects in the eligible counties.
(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 8 of this chapter by P.L.171-1990 apply to all benefits paid after March 15, 1990.
(3) The amendments made to section 9.8 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1925 police pension fund who dies after June 30, 2008.
(1) The addition of section 26 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The addition of section 12.1 of this chapter by P.L.171-1990 applies to all benefits paid after March 15, 1990.
(3) The amendments made to section 13 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1937 firefighters' pension fund who dies after June 30, 2008.
(1) The addition of section 22 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 13.8 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a member of the 1953 police pension fund who dies after June 30, 2008.
(1) The addition of section 20 of this chapter by P.L.223-1986 applies only to fund members who die after March 10, 1986.
(2) The amendments made to section 10 of this chapter by P.L.232-1997 apply only to members of the 1977 fund who initially:
(A) become fifty-five (55) years of age; or
(B) retire;
after June 30, 1997.
(3) The amendments made to section 16 of this chapter by P.L.28-2008 apply only to benefits payable with respect to a
member of the 1977 police officers' and firefighters' pension
and disability fund who dies after June 30, 2008.
(4) The amendments made to sections 12 and 13.5 of this
chapter by P.L.32-2009 and by P.L.34-2009 apply to a
member of the 1977 police officers' and firefighters' pension
and disability fund who:
(A) after June 30, 2009, receives a benefit based on a
determination that the member has a Class 1 or Class 2
impairment, regardless of whether the determination was
made before, on, or after June 30, 2009; and
(B) before July 1, 2009, has not had the member's
disability benefit recalculated under section 13.5 of this
chapter (as the section read before amendment by
P.L.32-2009 and by P.L.34-2009).
(1) The addition of section 11.5 of this chapter by P.L.228-1991 applies only to county police officers and jail employees who suffer an injury or contract an illness after June 30, 1991.
(2) The amendments made to section 12 of this chapter by P.L.40-1997 apply only to monthly benefits paid after June 30, 1997, unless the fiscal body determines that section 12 of this chapter, as amended by P.L.40-1997, applies to earlier monthly benefits as determined by the fiscal body.
(3) The amendments made to section 12.2 of this chapter by P.L.51-2006 apply to an employee beneficiary of a county retirement plan established under section 12 of this chapter who dies in the line of duty after December 31, 2005.
(1) died before July 1, 2005; and
(2) was a member of a retirement plan established under section 12 of this chapter.
(b) A monthly pension paid under section 16(c) of this chapter, before its amendment by P.L.97-2005, to a surviving spouse after the date the surviving spouse remarried and before July 1, 2005, shall be treated as properly paid.
(c) The monthly pension of a surviving spouse:
(1) who remarried after December 31, 1989; and
(2) whose monthly pension paid under section 16(c) of this chapter, before its amendment by P.L.97-2005, ceased on the date of remarriage;
shall be reinstated on July 1, 2005, under section 16 of this chapter, as amended by P.L.97-2005, and continue during the life of the surviving spouse.
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 8.5 of
this chapter by P.L.220-1986 does not affect a proposal initiated
before September 1, 1986, to amend, repeal, or otherwise change
a comprehensive plan or zoning ordinance under IC 36-7-4. Such
a proposal may be considered, adopted, and approved under the
statutes in effect before September 1, 1986, as if P.L.220-1986 had
not been enacted.
(b) The operation of city owned buildings or grounds operated
as a golf course by a nonprofit corporation before July 1, 1995,
without a lease from the city, or under a lease that was not open to
public bid to lease the buildings or grounds, is legalized and
validated.
(1) The repeal of section 18 of this chapter by P.L.19-1986, SECTION 62.
(2) The enactment of section 18.1 of this chapter by P.L.19-1986, SECTION 63.
(3) The enactment of section 18.2 of this chapter by P.L.19-1986, SECTION 64.
(b) Sections 18.1 and 18.2 of this chapter, as enacted by P.L.19-1986, are intended to replace section 18 of this chapter, and the substantive operation and effect of section 18 of this chapter continues uninterrupted until either section 18.1 or 18.2 of this chapter is amended or repealed.
Chapter 15. Wolf Lake Memorial Park
Sec. 1. The common council of the city of Hammond shall administer the operation of Wolf Lake Memorial Park in the same manner as other city parks located in the city.
Sec. 2. All that part of the real property known as Wolf Lake Memorial Park located in North Township, Lake County, Indiana, that:
(1) on March 14, 1957, was held by the state; and
(2) was not in use and occupied on March 15, 1957, by a toll road project constructed and maintained under IC 8-15-2;
is dedicated as a public recreation area. The use, possession, operation, maintenance, and development of the dedicated real property is vested perpetually in the city of Hammond, Indiana, subject to the limitations set forth in this chapter.
Sec. 3. The real property dedicated by this chapter:
(1) shall be administered, operated, maintained, and developed as a public park in the city; and
(2) shall not be withdrawn from the city as long as the use and possession of the real property by the city is consistent with
the dedication and all other provisions of this chapter.
Sec. 4. If the city:
(1) converts the dedicated real property or any part of the
property to a use other than as a public park in the city; or
(2) dumps or deposits or suffers or permits to be dumped or
deposited garbage, refuse, or other worthless matter in or
upon the dedicated real property or any part of the property,
except as is necessary and incidental to the public park use;
the general assembly may withdraw all of the dedicated real
property from the city without compensation to the city.
