Reprinted
April 8, 2011
ENGROSSED
SENATE BILL No. 490
_____
DIGEST OF SB 490
(Updated April 7, 2011 11:20 am - DI 84)
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.
Holdman, Delph, Taylor
(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.
HOUSE ACTION
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.
Reprinted
April 8, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 490
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 1-1-1-8; (11)ES0490.2.1. -->
SECTION 1. IC 1-1-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. Severability (a) If any provision
of this Code as now or later amended or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions that can be given effect without the invalid provision or
application.
(b) Except in the case of a statute containing a nonseverability
provision, each part and application of every statute is severable. If any
provision or application of a statute is held invalid, the invalidity does
not affect the remainder of the statute unless:
(1) the remainder is so essentially and inseparably connected
with, and so dependent upon, the invalid provision or application
that it cannot be presumed that the remainder would have been
enacted without the invalid provision or application; or
(2) the remainder is incomplete and incapable of being executed
in accordance with the legislative intent without the invalid
provision or application.
This subsection applies to every statute, regardless of whether enacted
before or after the passage of this subsection. The general assembly
may preserve the legislative history of this subsection by adoption of
a concurrent resolution and publication of the resolution in the
legislative journals.
(c) The repeal of a statute stating that the provisions of an act
are severable as provided in subsection (b) does not affect the
operation of subsection (b) with respect to that act.
SOURCE: IC 1-1-1-8.5; (11)ES0490.2.2. -->
SECTION 2. IC 1-1-1-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8.5. Notwithstanding section 8 of this chapter, the
following apply:
(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.
SOURCE: IC 1-1-1-8.7; (11)ES0490.2.3. -->
SECTION 3. IC 1-1-1-8.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8.7. If a provision of P.L.224-2003 is found by a court
with jurisdiction to be in violation of Article 4, Section 23 of the
Constitution of the State of Indiana, it is the intent of the general
assembly that the provision be given general application.
SOURCE: IC 1-1-1.1; (11)ES0490.2.4. -->
SECTION 4. IC 1-1-1.1 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
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).
SOURCE: IC 1-1-5.5; (11)ES0490.2.5. -->
SECTION 5. IC 1-1-5.5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
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.
SOURCE: IC 2-5-1.2; (11)ES0490.2.6. -->
SECTION 6. IC 2-5-1.2 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
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.
SOURCE: IC 2-5-21-0.3; (11)ES0490.2.7. -->
SECTION 7. IC 2-5-21-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. An agency or agency program that would be
abolished or terminated under IC 4-26 after December 31, 1992, if
IC 4-26 had not been repealed by P.L.11-1993, is not abolished or
terminated.
SOURCE: IC 2-5-31; (11)ES0490.2.8. -->
SECTION 8. IC 2-5-31 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
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.
SOURCE: IC 2-7-1.6-0.3; (11)ES0490.2.9. -->
SECTION 9. IC 2-7-1.6-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.3. Any written rules or policies adopted by the
secretary of state to administer this article before July 1, 1992,
continue in force until rescinded or modified by the legislative
ethics commission (now the Indiana lobby registration commission)
established by IC 2-7-1.6, as added by P.L.3-1992.
SOURCE: IC 3-5-1-0.3; (11)ES0490.2.10. -->
SECTION 10. IC 3-5-1-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) P.L.5-1986 is intended to be a codification and
restatement of applicable or corresponding provisions repealed by
P.L.5-1986, SECTION 61 (IC 2-2.1-2, IC 3-1, IC 3-2, IC 3-4,
IC 33-13-1, IC 33-13-2, and IC 35-50-1-4). If P.L.5-1986 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.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.
SOURCE: IC 3-5-1-0.4; (11)ES0490.2.11. -->
SECTION 11. IC 3-5-1-0.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.4. The general assembly may, by concurrent
resolution, preserve any of the background materials related to
P.L.5-1986.
SOURCE: IC 3-6-4.2-5.5; (11)ES0490.2.12. -->
SECTION 12. IC 3-6-4.2-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. An individual who, on
December 31, 1996, serves as a co-director or an employee of the
commission, serves as a co-director or an employee of the election
division after December 31, 1996, with all the rights, duties, and
conditions of employment the individual had as a co-director or an
employee of the commission before January 1, 1997.
SOURCE: IC 3-11-8-0.1; (11)ES0490.2.13. -->
SECTION 13. IC 3-11-8-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The amendments made to sections 2 and 6 of this
chapter by P.L.4-1991 apply to elections held after December 31,
1991.
SOURCE: IC 4-2-6-0.1; (11)ES0490.2.14. -->
SECTION 14. IC 4-2-6-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The amendments made to sections 13 and 14 of
this chapter by P.L.222-2005 apply only to crimes committed after
May 11, 2005.
SOURCE: IC 4-4-11-0.1; (11)ES0490.2.15. -->
SECTION 15. IC 4-4-11-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The amendments made to section 15 of this
chapter by P.L.2-1987 take effect on January 1, 1987, and apply to
taxable years beginning after December 31, 1986.
SOURCE: IC 4-4-11-0.3; (11)ES0490.2.16. -->
SECTION 16. IC 4-4-11-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) As used in this section, "entity" means the
following:
(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.
SOURCE: IC 4-4-11-0.4; (11)ES0490.2.17. -->
SECTION 17. IC 4-4-11-0.4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.4. (a) On May 15, 2005, all powers, duties,
agreements, and liabilities 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).
(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.
SOURCE: IC 4-4-11-0.5; (11)ES0490.2.18. -->
SECTION 18. IC 4-4-11-0.5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.5. (a) As used in this section, "IHEFFA" means the
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.
SOURCE: IC 4-4-11-16.2; (11)ES0490.2.19. -->
SECTION 19. IC 4-4-11-16.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.2. Notwithstanding the
expiration of section 16.1 of this chapter on December 31, 2002, a
loan guarantee made by the Indiana development finance authority
under that section before December 31, 2002, remains a valid and
binding obligation of the Indiana development finance authority
after December 31, 2002, as if section 16.1 of this chapter had not
expired.
SOURCE: IC 4-4-11-16.7; (11)ES0490.2.20. -->
SECTION 20. IC 4-4-11-16.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 16.7. (a) As used in this section,
"Indiana development finance authority" refers to the Indiana
development finance authority transferred to:
(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.
SOURCE: IC 4-4-11-16.8; (11)ES0490.2.21. -->
SECTION 21. IC 4-4-11-16.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.8. (a) All powers, duties, and
liabilities of the Indiana employment development commission and
the Indiana agricultural development corporation with respect to
bonds issued by the commission or the corporation in connection
with any trust agreement or indenture securing those bonds are
transferred to the Indiana development finance authority as
successor.
(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.
SOURCE: IC 4-4-11-16.9; (11)ES0490.2.22. -->
SECTION 22. IC 4-4-11-16.9 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 16.9. (a) As used in this section,
"IHEFFA" means the Indiana health and educational facility
financing authority established by IC 5-1-16-2 (before its repeal).
(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.
SOURCE: IC 4-4-27-0.2; (11)ES0490.2.23. -->
SECTION 23. IC 4-4-27-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.2. The amendments made by P.L.101-1992 to
IC 16-5-2 (repealed) (now codified in this chapter) do not affect:
(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.
SOURCE: IC 4-4-28-0.3; (11)ES0490.2.24. -->
SECTION 24. IC 4-4-28-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. Any allocation by the department of commerce
under section 12 of this chapter, as amended by P.L.289-2001, on
an account established before July 1, 2001, expires June 30, 2001.
SOURCE: IC 4-8.1-1-8; (11)ES0490.2.25. -->
SECTION 25. IC 4-8.1-1-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 8. Notwithstanding section 7 of this chapter, as
amended by P.L.235-2005, SECTION 52, any payment made on or
after April 1, 2007, by United Air Lines, Inc., to the state of Indiana
under the IMC 757/767 Project Agreement, dated December 1,
1994, between the Indiana Economic Development Corporation
and United Air Lines, Inc., upon failure to achieve prescribed
levels of investment, employment, or wages set forth in the
agreement at certain facilities that were financed with the proceeds
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.
SOURCE: IC 4-10-13-0.1; (11)ES0490.2.26. -->
SECTION 26. IC 4-10-13-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 4-12-14; (11)ES0490.2.27. -->
SECTION 27. IC 4-12-14 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 4-13-2-0.1; (11)ES0490.2.28. -->
SECTION 28. IC 4-13-2-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The amendments made to section 20 of this
chapter by P.L.21-1992 with respect to contracts described in
section 20(i) of this chapter take effect July 1, 1992.
SOURCE: IC 4-13.5-1-11; (11)ES0490.2.29. -->
SECTION 29. IC 4-13.5-1-11 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 11. (a) The general assembly finds
that the state needs construction, equipping, renovation,
refurbishing, or alteration of the following correctional facilities
for use by the department of correction:
(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.
SOURCE: IC 4-13.5-1-12; (11)ES0490.2.30. -->
SECTION 30. IC 4-13.5-1-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) The general assembly finds
that the state needs the construction, equipping, renovation,
refurbishing, or alteration of one (1) additional medium security
correctional facility.
(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.
SOURCE: IC 4-13.5-1-13; (11)ES0490.2.31. -->
SECTION 31. IC 4-13.5-1-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. (a) The general assembly finds
that the state needs the construction, equipping, renovation,
refurbishing, or alteration of up to three (3) regional health
centers.
(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.
SOURCE: IC 4-13.5-1-14; (11)ES0490.2.32. -->
SECTION 32. IC 4-13.5-1-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14. (a) The general assembly finds
that the state needs the construction, equipping, purchasing,
leasing, renovation, refurbishing, or alteration of communications
system infrastructure (as defined in IC 5-26-5-1).
(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.
SOURCE: IC 4-13.5-1-15; (11)ES0490.2.33. -->
SECTION 33. IC 4-13.5-1-15 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 15. (a) The general assembly finds
that the state needs the construction, equipping, renovation,
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.
SOURCE: IC 4-13.5-1-16; (11)ES0490.2.34. -->
SECTION 34. IC 4-13.5-1-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16. (a) As used in this section,
"laboratory facilities" means land, buildings, structures,
improvements and equipment, and related facilities for the use and
occupancy of state agencies and the state department of toxicology.
(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.
SOURCE: IC 4-13.5-1-17; (11)ES0490.2.35. -->
SECTION 35. IC 4-13.5-1-17 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 17. (a) The general assembly finds
that the state of Indiana needs additional parking facilities in the
area of the state capitol complex and the White River State Park
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.
SOURCE: IC 4-13.6-5-0.1; (11)ES0490.2.36. -->
SECTION 36. IC 4-13.6-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 10.5
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.
SOURCE: IC 4-13.6-7-0.1; (11)ES0490.2.37. -->
SECTION 37. IC 4-13.6-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
this chapter by P.L.133-2007 apply only to public works contracts
entered into after June 30, 2007.
SOURCE: IC 4-15-10-0.1; (11)ES0490.2.38. -->
SECTION 38. IC 4-15-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.222-2005 apply only to crimes
committed after May 11, 2005.
SOURCE: IC 4-20.5-4-3; (11)ES0490.2.39. -->
SECTION 39. IC 4-20.5-4-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 3. P.L.7-1993 does not give eminent domain powers
to an agency that did not have those powers before July 1, 1993.
SOURCE: IC 4-20.5-7-4.5; (11)ES0490.2.40. -->
SECTION 40. IC 4-20.5-7-4.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 4-20.5-7-4.6; (11)ES0490.2.41. -->
SECTION 41. IC 4-20.5-7-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.6. (a) This section applies to a
deed executed and accepted under Acts 1978, P.L.156, SECTION
1.
(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.
SOURCE: IC 4-20.5-7-20; (11)ES0490.2.42. -->
SECTION 42. IC 4-20.5-7-20, AS ADDED BY P.L.20-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 20. (a) As used in this section, "real estate and the
improvements" refers to the real estate and the improvements generally
known as the Old Pathology Building and the Dead House that are held
by Central State Hospital and that are described as follows:
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.
SOURCE: IC 4-21.5-2-0.1; (11)ES0490.2.43. -->
SECTION 43. IC 4-21.5-2-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. (a) This article governs:
(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.
SOURCE: IC 4-22-2-0.1; (11)ES0490.2.44. -->
SECTION 44. IC 4-22-2-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The amendments made to this chapter by
P.L.44-1995 apply as follows:
(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.
SOURCE: IC 4-22-2-0.3; (11)ES0490.2.45. -->
SECTION 45. IC 4-22-2-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. The adoption of any rule by a state agency
without the approval of the fire prevention and building safety
commission before July 1, 1987, is legalized and validated.
SOURCE: IC 4-22-2-44; (11)ES0490.2.46. -->
SECTION 46. IC 4-22-2-44, AS AMENDED BY P.L.1-2006,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 44. Except as provided in section 44.3 of this
chapter, a rulemaking action that does not conform with this chapter
is invalid, and a rule that is the subject of a noncomplying rulemaking
action does not have the effect of law until it is adopted in conformity
with this chapter. However, the failure of an agency to comply with
section 20(a)(2) of this chapter does not invalidate the rulemaking
action.
SOURCE: IC 4-22-2-44.3; (11)ES0490.2.47. -->
SECTION 47. IC 4-22-2-44.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 44.3. (a) Notwithstanding the
addition of section 44 of this chapter by P.L.31-1985, a rule that is
in effect on August 31, 1985, is not invalidated by the passage of
P.L.31-1985.
(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.
SOURCE: IC 4-23-24.1-0.1; (11)ES0490.2.48. -->
SECTION 48. IC 4-23-24.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.199-2007 apply only to members of
the commission appointed by the governor after December 31,
2008. A member of the commission appointed by the governor
under section 3 of this chapter before January 1, 2009, may serve
the entire four (4) year term to which the member was appointed,
as provided in section 4(b) of this chapter.
SOURCE: IC 4-30-16-0.1; (11)ES0490.2.49. -->
SECTION 49. IC 4-30-16-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.33-1990 apply to vehicles registered
after December 31, 1990.
SOURCE: IC 4-30-17-0.1; (11)ES0490.2.50. -->
SECTION 50. IC 4-30-17-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
this chapter by P.L.33-1990 apply as follows:
(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.
SOURCE: IC 4-30-17-3.3; (11)ES0490.2.51. -->
SECTION 51. IC 4-30-17-3.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 3.3. (a) As used in this section,
"build Indiana fund account" means any of the following accounts
in the build Indiana fund established by section 3 of this chapter:
(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.
SOURCE: IC 4-31-3-0.3; (11)ES0490.2.52. -->
SECTION 52. IC 4-31-3-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) On July 1, 1999, all records, property, and
liabilities of the Indiana standardbred board of regulation are
transferred to the Indiana horse racing commission.
(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.
SOURCE: IC 4-33-3-0.3; (11)ES0490.2.53. -->
SECTION 53. IC 4-33-3-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. The following rules are void:
(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.
SOURCE: IC 4-33-12-0.1; (11)ES0490.2.54. -->
SECTION 54. IC 4-33-12-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 4-33-13-0.1; (11)ES0490.2.55. -->
SECTION 55. IC 4-33-13-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 4-33-13-0.2; (11)ES0490.2.56. -->
SECTION 56. IC 4-33-13-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) This section applies to the
calculation and collection of wagering taxes on the adjusted gross
receipts of a riverboat received:
(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.
SOURCE: IC 4-33-13-5.1; (11)ES0490.2.57. -->
SECTION 57. IC 4-33-13-5.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.1. Subject to:
(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.
SOURCE: IC 5-1-17-0.3; (11)ES0490.2.58. -->
SECTION 58. IC 5-1-17-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.3. The general assembly finds the following:
(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.
SOURCE: IC 5-2-6-0.3; (11)ES0490.2.59. -->
SECTION 59. IC 5-2-6-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) The rules of the Indiana department of
transportation filed with the secretary of state before July 1, 1993,
regarding the administration of the office of traffic safety are
considered, after June 30, 1993, rules adopted by the Indiana
criminal justice institute.
(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.
SOURCE: IC 5-2-6.1-0.2; (11)ES0490.2.60. -->
SECTION 60. IC 5-2-6.1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 16-7-3.6 (before its repeal, now codified in this chapter) and
IC 16-7-3.7-2 (before its repeal, now codified at IC 5-2-6.3-3) by
P.L.202-1987 apply to violent crimes committed after September
1, 1987.
(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.
SOURCE: IC 5-2-6.5-0.3; (11)ES0490.2.61. -->
SECTION 61. IC 5-2-6.5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The rules adopted under
IC 4-22-2 by the bureau before January 1, 2009, concerning
commercial driver training schools and instructors of commercial
driver training schools are considered, on and after January 1,
2009, rules of the institute.
SOURCE: IC 5-2-9-0.1; (11)ES0490.2.62. -->
SECTION 62. IC 5-2-9-0.1 IS ADDED TO THE INDIANA 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 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.
SOURCE: IC 5-10-1.1-0.3; (11)ES0490.2.63. -->
SECTION 63. IC 5-10-1.1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The actions taken by a school
corporation before January 1, 1988, to:
(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.
SOURCE: IC 5-10-5.5-0.1; (11)ES0490.2.64. -->
SECTION 64. IC 5-10-5.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) As used in this section,
"plan" refers to the state excise police, gaming agent, gaming
control officer, and conservation enforcement officers' retirement
plan established by section 2 of this chapter.
(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.
SOURCE: IC 5-10-8-0.1; (11)ES0490.2.65. -->
SECTION 65. IC 5-10-8-0.1 IS ADDED TO THE INDIANA 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 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.
SOURCE: IC 5-10-8-0.3; (11)ES0490.2.66. -->
SECTION 66. IC 5-10-8-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. The benefits accrued by an employee under 31
IAC 1-9-5 (before its repeal) or 31 IAC 2-11-6 (before its repeal)
that are unused after June 30, 1989, may be used by the employee
after June 30, 1989, in accordance with the rules required by
section 7(d) of this chapter, as amended by P.L.27-1988. The rules
required by section 7(d) of this chapter, as amended by
P.L.27-1988, must provide that an employee who:
(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.
SOURCE: IC 5-10-8-0.4; (11)ES0490.2.67. -->
SECTION 67. IC 5-10-8-0.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.4. Payment of the deductible portion of group
health insurance by a public employer before July 1, 1989, is
legalized.
SOURCE: IC 5-10-8-0.5; (11)ES0490.2.68. -->
SECTION 68. IC 5-10-8-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.5. Notwithstanding the amendments made to
sections 2.2 and 2.6 of this chapter, and IC 20-5-2-2 (before its
repeal, now codified at IC 20-26-5-4), and the addition of section
6.6 of this chapter by P.L.286-2001, the coverage that may be
elected under section 6.6 of this chapter, as added by P.L.286-2001:
(1) need not be made available before January 1, 2002; but
(2) must be made available not later than January 1, 2002.
SOURCE: IC 5-10-8.5-0.1; (11)ES0490.2.69. -->
SECTION 69. IC 5-10-8.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 18 of this chapter by P.L.124-2008 apply to premiums paid
after July 31, 2007, for individual or group health coverage for a
retired participant and the spouse and dependents of a retired
participant.
SOURCE: IC 5-10-10-6.5; (11)ES0490.2.70. -->
SECTION 70. IC 5-10-10-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6.5. Notwithstanding section 6 of
this chapter, the amount of the special death benefit payable under
this chapter, as amended by P.L.66-2000, to the surviving spouse
of a probation officer who died in the line of duty after April 27,
1997, and before January 1, 1998, is one hundred fifty thousand
dollars ($150,000).
SOURCE: IC 5-10.2-2-0.1; (11)ES0490.2.71. -->
SECTION 71. IC 5-10.2-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 18 of
this chapter by P.L.224-2003 applies only to investments made
after June 30, 2003.
SOURCE: IC 5-10.2-2-3.3; (11)ES0490.2.72. -->
SECTION 72. IC 5-10.2-2-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. Interest credited prior to July
1, 2005, in the annuity savings account of the public employees'
retirement fund to suspended members participating in the
guaranteed fund under section 3 of this chapter shall be treated as
properly credited.
SOURCE: IC 5-10.2-4-0.1; (11)ES0490.2.73. -->
SECTION 73. IC 5-10.2-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 5-10.2-4-0.3; (11)ES0490.2.74. -->
SECTION 74. IC 5-10.2-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The board may consider a
claim for benefits under section 6(a) of this chapter, as amended by
P.L.22-1998, even if the disability of the member making the claim
arose from events occurring after March 31, 1994, and before
April 2, 1998. A benefit claim approved by the board under this
section is payable after the later of April 1, 1998, or the date of the
member's claim.
SOURCE: IC 5-10.2-9-0.3; (11)ES0490.2.75. -->
SECTION 75. IC 5-10.2-9-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. The general assembly finds
the following:
(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.
SOURCE: IC 5-10.2-10-0.3; (11)ES0490.2.76. -->
SECTION 76. IC 5-10.2-10-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The general assembly finds
the following:
(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.
SOURCE: IC 5-10.3-2-0.3; (11)ES0490.2.77. -->
SECTION 77. IC 5-10.3-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If before June 1, 1985, the
board approved a member's choice of retirement date that
preceded the member's application for benefits, payments made as
a result of the choice of retirement date are legalized.
SOURCE: IC 5-10.3-2-0.4; (11)ES0490.2.78. -->
SECTION 78. IC 5-10.3-2-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. (a) If the board, the state, or
a political subdivision denied, after December 31, 1986, an
employee of the state or the political subdivision who was sixty (60)
years of age or older the option not to join the fund, the denial is
validated.
(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.
SOURCE: IC 5-10.3-7-0.1; (11)ES0490.2.79. -->
SECTION 79. IC 5-10.3-7-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.184-2001 apply only to members of
the public employees' retirement fund or the Indiana state
teachers' retirement fund who retire after June 30, 2001.
SOURCE: IC 5-10.3-7-0.3; (11)ES0490.2.80. -->
SECTION 80. IC 5-10.3-7-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken before April
16, 1987, that would have been valid under section 2 of this
chapter, as amended by P.L.62-1987, are legalized and validated.
SOURCE: IC 5-10.3-7-9.6; (11)ES0490.2.81. -->
SECTION 81. IC 5-10.3-7-9.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 9.6. (a) The state shall initiate the
contributions required by section 9 of this chapter, as amended by
P.L.35-1985, as part of salary and fringe benefit adjustments
provided for state employees after June 30, 1986.
(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).
SOURCE: IC 5-10.3-8-0.1; (11)ES0490.2.82. -->
SECTION 82. IC 5-10.3-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 13 of
this chapter by P.L.191-2002 applies to monthly benefits payable
by the public employees' retirement fund after December 31, 2002.
SOURCE: IC 5-10.3-11-0.3; (11)ES0490.2.83. -->
SECTION 83. IC 5-10.3-11-0.3 IS ADDED TO THE INDIANA
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.
SOURCE: IC 5-10.4-1-0.3; (11)ES0490.2.84. -->
SECTION 84. IC 5-10.4-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If before June 1, 1985, the
board approved a member's choice of retirement date that
preceded the member's application for benefits, payments made as
a result of the choice of retirement date are legalized.
SOURCE: IC 5-10.4-1-0.4; (11)ES0490.2.85. -->
SECTION 85. IC 5-10.4-1-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. (a) The definitions in
IC 21-6.1-1 (before its repeal, now codified in this chapter) apply
throughout this section.
(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.
SOURCE: IC 5-10.4-2-2.5; (11)ES0490.2.86. -->
SECTION 86. IC 5-10.4-2-2.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 2.5. The board shall adjust the
employer contribution rate for the Indiana state teachers'
retirement fund to take into account any actuarial savings resulting
from the amendment to IC 21-6.1-2-2 (before its repeal, now
codified at section 2 of this chapter) by P.L.291-2001.
SOURCE: IC 5-10.4-2-5.5; (11)ES0490.2.87. -->
SECTION 87. IC 5-10.4-2-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. The board shall allocate from
the pension stabilization fund (IC 21-6.1-2-8, before its repeal, now
codified at section 5 of this chapter) to the fund's 1996 account an
amount equal to the unfunded liability for individuals who were
members of the fund's pre-1996 account before July 1, 1995, (and
survivors and beneficiaries of these members) who after June 30,
1995, became members of the Indiana state teachers' retirement
fund's 1996 account.
SOURCE: IC 5-10.4-4-0.1; (11)ES0490.2.88. -->
SECTION 88. IC 5-10.4-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 8 of this chapter by P.L.201-2007 apply to members of the
Indiana state teachers' retirement fund who retire after June 30,
2007.
SOURCE: IC 5-10.4-4-0.2; (11)ES0490.2.89. -->
SECTION 89. IC 5-10.4-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 21-6.1-4-6.1 (before its repeal, now codified at section 8 of this
chapter) by P.L.184-2001 apply only to members of the public
employees' retirement fund or the Indiana state teachers'
retirement fund who retire after June 30, 2001.
SOURCE: IC 5-10.4-5-0.2; (11)ES0490.2.90. -->
SECTION 90. IC 5-10.4-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 21-6.1-5-9 (before its repeal, now codified at section 9 of this
chapter) by P.L.190-2003 apply to retirement benefits payable by
the Indiana state teachers' retirement fund after June 30, 2003.
SOURCE: IC 5-10.4-5-0.3; (11)ES0490.2.91. -->
SECTION 91. IC 5-10.4-5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken by the public
schools after December 31, 1986, and before March 5, 1988, that
would have been valid under IC 21-6.1-5-6 (before its repeal), as
amended by P.L.46-1988, are validated.
SOURCE: IC 5-13-5-0.3; (11)ES0490.2.92. -->
SECTION 92. IC 5-13-5-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.3. (a) P.L.19-1987 is intended to restate the law
affecting the public deposit insurance fund and the board for
depositories. The substantive operation of the public deposit
insurance fund and the board for depositories, established under
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.
SOURCE: IC 5-13-9-0.3; (11)ES0490.2.93. -->
SECTION 93. IC 5-13-9-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. An investment in public funds (as defined in
IC 5-13-4-20):
(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.
SOURCE: IC 5-13-9-0.4; (11)ES0490.2.94. -->
SECTION 94. IC 5-13-9-0.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.4. An investment of public funds (as defined in
IC 5-13-4-20, as in effect before February 27, 1996):
(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.
SOURCE: IC 5-13-10.5-0.3; (11)ES0490.2.95. -->
SECTION 95. IC 5-13-10.5-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. Actions taken after June 30,
2007, and before March 24, 2008, that would have been valid under
section 3 of this chapter, as amended by P.L.115-2008, are legalized
and validated.
SOURCE: IC 5-13-12-8.6; (11)ES0490.2.96. -->
SECTION 96. IC 5-13-12-8.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.6. Notwithstanding the
expiration of section 8.5 of this chapter on December 31, 2002, a
loan guarantee made by the board for depositories under that
section before December 31, 2002, remains a valid and binding
obligation of the board for depositories after December 31, 2002,
as if section 8.5 of this chapter had not expired.
SOURCE: IC 5-16-1-0.1; (11)ES0490.2.97. -->
SECTION 97. IC 5-16-1-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.1. The addition of section 8 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.
SOURCE: IC 5-16-5.5-0.1; (11)ES0490.2.98. -->
SECTION 98. IC 5-16-5.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.133-2007 apply only to public
works contracts entered into after June 30, 2007.
SOURCE: IC 5-17-1-0.3; (11)ES0490.2.99. -->
SECTION 99. IC 5-17-1-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. Any action taken before February 21, 1986, that
would be valid if taken under this chapter, as amended by
P.L.53-1986, is legalized and validated.
SOURCE: IC 5-22-1-0.1; (11)ES0490.2.100. -->
SECTION 100. IC 5-22-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.222-2005 apply only to a contract
entered into or renewed after May 11, 2005.
SOURCE: IC 5-22-2-0.1; (11)ES0490.2.101. -->
SECTION 101. IC 5-22-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.222-2005 apply only to a contract
entered into or renewed after May 11, 2005.
SOURCE: IC 5-22-3-0.1; (11)ES0490.2.102. -->
SECTION 102. IC 5-22-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 7 of
this chapter by P.L.222-2005 applies only to a contract entered into
or renewed after May 11, 2005.
SOURCE: IC 5-22-23-0.5; (11)ES0490.2.103. -->
SECTION 103. IC 5-22-23-0.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 5-23-1-4; (11)ES0490.2.104. -->
SECTION 104. IC 5-23-1-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 4. (a) Except as provided in subsection (b),
IC 36-1-14.3 (before its repeal) concerning public-private
agreements does not apply to a contract, a lease, an agreement, or
an extension of a contract, a lease, or an agreement entered into
before May 10, 1995.
(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.
SOURCE: IC 5-28-3-5; (11)ES0490.2.105. -->
SECTION 105. IC 5-28-3-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 5. The following bodies corporate and politic are
transferred to the corporation to be operated as separate corporate
entities under the supervision of the corporation on July 1, 2005:
(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).
SOURCE: IC 5-28-3-6; (11)ES0490.2.106. -->
SECTION 106. IC 5-28-3-6 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 6. (a) As used in this section, "transferred programs"
refers to the following:
(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.
SOURCE: IC 5-28-9-8.5; (11)ES0490.2.107. -->
SECTION 107. IC 5-28-9-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.5. (a) As used in this section,
"department" refers to the department of commerce (before its
abolition by P.L.4-2005) established by IC 4-4-3-2 (before its
repeal).
(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.
SOURCE: IC 5-28-15-0.2; (11)ES0490.2.108. -->
SECTION 108. IC 5-28-15-0.2 IS ADDED TO THE INDIANA
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.
SOURCE: IC 5-28-15-0.3; (11)ES0490.2.109. -->
SECTION 109. IC 5-28-15-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) As used in this section,
"zone business" refers to a business that accesses at least one (1)
tax credit or exemption incentive under IC 4-4-6.1 (before its
repeal).
(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.
SOURCE: IC 5-28-15-0.4; (11)ES0490.2.110. -->
SECTION 110. IC 5-28-15-0.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.4. (a) As used in this section,
"board" refers to the enterprise zone board established by
IC 4-4-6.1-1 (before its repeal).
(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.
SOURCE: IC 5-28-15-0.5; (11)ES0490.2.111. -->
SECTION 111. IC 5-28-15-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. A person that:
(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.
SOURCE: IC 5-28-26-0.3; (11)ES0490.2.112. -->
SECTION 112. IC 5-28-26-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) The counties served by the
Eastern Indiana Economic Development District comprise an area
that:
(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.
SOURCE: IC 5-29-3-4.3; (11)ES0490.2.113. -->
SECTION 113. IC 5-29-3-4.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.3. A reference in any law or
other document to the tourism information and promotion fund
established by IC 4-4-3.5-2 (before its repeal by P.L.229-2005) shall
be treated after June 30, 2005, as a reference to the tourism
information and promotion fund established by section 4 of this
chapter.
SOURCE: IC 5-29-4-1.3; (11)ES0490.2.114. -->
SECTION 114. IC 5-29-4-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.3. A reference in any law or
other document to the Indiana tourism council established by
IC 4-4-29-3 (before its repeal by P.L.229-2005) shall be treated
after June 30, 2005, as a reference to the Indiana tourism council.
SOURCE: IC 5-30-8-0.1; (11)ES0490.2.115. -->
SECTION 115. IC 5-30-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.133-2007 apply only to public
works contracts entered into after June 30, 2007.
SOURCE: IC 6-1.1-2-0.1; (11)ES0490.2.116. -->
SECTION 116. IC 6-1.1-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-1.1-2-8; (11)ES0490.2.117. -->
SECTION 117. IC 6-1.1-2-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 8. (a) IC 6-1.1-1-3, as amended by P.L.6-1997, and all
changes in tax rates, deductions, and limits on indebtedness made
by P.L.6-1997 apply only to budget years and property taxes first
due and payable after December 31, 2001.
(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.
SOURCE: IC 6-1.1-2-10; (11)ES0490.2.118. -->
SECTION 118. IC 6-1.1-2-10 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Sec. 10. (a) Any action taken by the department of
local government finance before November 21, 2007, to do any of
the following with respect to property taxes first due and payable
in 2007 in any county is legalized and validated:
(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).
SOURCE: IC 6-1.1-3-23; (11)ES0490.2.119. -->
SECTION 119. IC 6-1.1-3-23, AS AMENDED BY P.L.246-2005,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 23.
(a) In enacting this section, the general
assembly finds the following:
(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%
(c) (d) The department of local government finance shall designate
the table under subsection
(b) (c) as "Pool No. 5" on the business
personal property tax return.
(d) (e) The percentage factors in the table under subsection
(b) (c)
automatically reflect all adjustments for depreciation and obsolescence,
including abnormal obsolescence, for special integrated steel mill or oil
refinery/petrochemical equipment. The equipment is entitled to all
exemptions, credits, and deductions for which it qualifies.
(e) (f) The minimum valuation limitations under 50 IAC 4.2-4-9 do
not apply to special integrated steel mill or oil refinery/petrochemical
equipment valued under this section. The value of the equipment is not
included in the calculation of that minimum valuation limitation for the
taxpayer's other assessable depreciable personal property in the taxing
district.
(f) (g) An election to value special integrated steel mill or oil
refinery/petrochemical equipment under this section:
(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.
(g) (h) If fifty percent (50%) or more of the adjusted cost of a
taxpayer's property that would, notwithstanding this section, be
reported in a pool other than Pool No. 5 is attributable to special
integrated steel mill or oil refinery/petrochemical equipment, the
taxpayer may elect to calculate the true tax value of all of that property
as special integrated steel mill or oil refinery/petrochemical equipment.
The true tax value of property for which an election is made under this
subsection is calculated under subsections
(b) (c) through
(f). (g).
SOURCE: IC 6-1.1-8-35.2; (11)ES0490.2.120. -->
SECTION 120. IC 6-1.1-8-35.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 35.2. Notwithstanding 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.
SOURCE: IC 6-1.1-12.1-0.3; (11)ES0490.2.121. -->
SECTION 121. IC 6-1.1-12.1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Notwithstanding any other
law, a designating body's actions taken before February 1, 1991, in
retroactively designating an economic revitalization area are
legalized and validated.
SOURCE: IC 6-1.1-12.8; (11)ES0490.2.122. -->
SECTION 122. IC 6-1.1-12.8 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 6-1.1-15-0.3; (11)ES0490.2.123. -->
SECTION 123. IC 6-1.1-15-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Petitions for review filed
under section 3 of this chapter with respect to notices of action of
the county property tax assessment board of appeals issued before
January 1, 2002, that are pending before the state board of tax
commissioners on December 31, 2001:
(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.
SOURCE: IC 6-1.1-15-0.6; (11)ES0490.2.124. -->
SECTION 124. IC 6-1.1-15-0.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.6. (a) This section applies only
to the appeal of an assessment of real property.
(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.
SOURCE: IC 6-1.1-15-17; (11)ES0490.2.125. -->
SECTION 125. IC 6-1.1-15-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 17. 50 IAC 2.3 (including the 2002
Real Property Assessment Manual and the Real Property
Assessment Guidelines for 2002-Version A) and any other rule
adopted by the state board of tax commissioners or the department
of local government finance is void to the extent that it establishes
a shelter allowance for real property used as a residence. It is the
intent of the general assembly that the standard deduction under
IC 6-1.1-12-37 is the method through which any relief that would
have been granted through a shelter allowance shall be given to
taxpayers.
SOURCE: IC 6-1.1-20.1; (11)ES0490.2.126. -->
SECTION 126. IC 6-1.1-20.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 6-1.1-20.6-0.3; (11)ES0490.2.127. -->
SECTION 127. IC 6-1.1-20.6-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The general assembly finds
and determines the following:
(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.
SOURCE: IC 6-1.1-22.5-0.1; (11)ES0490.2.128. -->
SECTION 128. IC 6-1.1-22.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 6 of this chapter by P.L.67-2006 apply only to property
taxes first due and payable after December 31, 2005.
SOURCE: IC 6-1.1-30-1.3; (11)ES0490.2.129. -->
SECTION 129. IC 6-1.1-30-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.3. A reference to the state board
of tax commissioners is considered to be a reference to the
department of local government finance if the reference is
contained in a statute that:
(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.
SOURCE: IC 6-1.1-30-1.5; (11)ES0490.2.130. -->
SECTION 130. IC 6-1.1-30-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.5. The appointment by the
governor of the commissioner of the department of local
government finance before March 28, 2002, is legalized and
validated as if the appointment had been made on or after March
28, 2002.
SOURCE: IC 6-1.1-39-0.3; (11)ES0490.2.131. -->
SECTION 131. IC 6-1.1-39-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The definitions set forth
in IC 4-4-8 (before its repeal) and this chapter apply to this section.
(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.
SOURCE: IC 6-1.1-42-0.3; (11)ES0490.2.132. -->
SECTION 132. IC 6-1.1-42-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) 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 conformity with this chapter, as
amended by P.L.119-1999, is legalized and validated to the same
extent as if the changes in P.L.119-1999 had been part of
P.L.59-1997.
(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.
SOURCE: IC 6-2.3-0.1; (11)ES0490.2.133. -->
SECTION 133. IC 6-2.3-0.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 6-2.5-3-0.3; (11)ES0490.2.134. -->
SECTION 134. IC 6-2.5-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. It is the intent of the general
assembly that the amendments made to section 1 of this chapter by
P.L.70-1993 be construed liberally in favor of persons,
corporations, partnerships, or other entities contracting with
commercial printers.
SOURCE: IC 6-2.5-5-0.4; (11)ES0490.2.135. -->
SECTION 135. IC 6-2.5-5-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. It is the intent of the general
assembly that the addition of section 36 of this chapter by
P.L.70-1993 be construed liberally in favor of persons,
corporations, partnerships, or other entities contracting with
commercial printers.
SOURCE: IC 6-2.5-6-0.3; (11)ES0490.2.136. -->
SECTION 136. IC 6-2.5-6-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If the general assembly
amends section 9 of this chapter in more than one (1) act, the laws
shall be read together and interpreted to implement the policies
enacted in each act.
SOURCE: IC 6-2.5-8-0.3; (11)ES0490.2.137. -->
SECTION 137. IC 6-2.5-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. It is the intent of the general
assembly that the addition of sections 8.5 and 11 of this chapter by
P.L.70-1993 be construed liberally in favor of persons,
corporations, partnerships, or other entities contracting with
commercial printers.
SOURCE: IC 6-3-2-0.3; (11)ES0490.2.138. -->
SECTION 138. IC 6-3-2-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.3. It is the intent of the general assembly that the
addition of section 2.3 of this chapter by P.L.70-1993 be construed
liberally in favor of persons, corporations, partnerships, or other
entities contracting with commercial printers.
SOURCE: IC 6-3-2-25; (11)ES0490.2.139. -->
SECTION 139. IC 6-3-2-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 25. (a) This section applies only to an individual who
in 2008 paid property taxes that:
(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.
SOURCE: IC 6-3-8.1; (11)ES0490.2.140. -->
SECTION 140. IC 6-3-8.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 6-3.1-13-0.4; (11)ES0490.2.141. -->
SECTION 141. IC 6-3.1-13-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. The actions taken by the
Indiana economic development corporation to administer this
chapter, as amended by P.L.4-2005, after February 8, 2005, and
before May 11, 2005, are legalized and validated.
SOURCE: IC 6-3.1-26-0.3; (11)ES0490.2.142. -->
SECTION 142. IC 6-3.1-26-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The actions taken by the
Indiana economic development corporation to administer this
chapter, as amended by P.L.4-2005, after February 8, 2005, and
before May 11, 2005, are legalized and validated.
SOURCE: IC 6-3.1-29-0.1; (11)ES0490.2.143. -->
SECTION 143. IC 6-3.1-29-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 6-3.5-0.7; (11)ES0490.2.144. -->
SECTION 144. IC 6-3.5-0.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 6-3.5-0.8; (11)ES0490.2.145. -->
SECTION 145. IC 6-3.5-0.8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 6-3.5-4-0.1; (11)ES0490.2.146. -->
SECTION 146. IC 6-3.5-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-3.5-6-0.7; (11)ES0490.2.147. -->
SECTION 147. IC 6-3.5-6-0.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.7. An ordinance adopted by the
fiscal body for Howard County that:
(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.
SOURCE: IC 6-3.5-7-0.3; (11)ES0490.2.148. -->
SECTION 148. IC 6-3.5-7-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The following are legalized
and validated:
(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.
SOURCE: IC 6-4.1-1-3; (11)ES0490.2.149. -->
SECTION 149. IC 6-4.1-1-3, AS AMENDED BY P.L.238-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) "Class A transferee" means a transferee who
is a: any of the following:
(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. or This subdivision applies to the
estate of an individual who dies after June 30, 2004.
(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.
SOURCE: IC 6-4.1-2-0.1; (11)ES0490.2.150. -->
SECTION 150. IC 6-4.1-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-4.1-3-0.1; (11)ES0490.2.151. -->
SECTION 151. IC 6-4.1-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 6.5 and 7 of this chapter by P.L.2-1987 take effect on
January 1, 1987, and apply to taxable years beginning after
December 31, 1986.
SOURCE: IC 6-4.1-4-0.1; (11)ES0490.2.152. -->
SECTION 152. IC 6-4.1-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-4.1-7-0.1; (11)ES0490.2.153. -->
SECTION 153. IC 6-4.1-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 1 and 6 of this chapter by P.L.48-1992 do not apply to a
petition for rehearing or redetermination that is based on a
determination or final determination made before July 1, 1992.
SOURCE: IC 6-4.1-8-0.1; (11)ES0490.2.154. -->
SECTION 154. IC 6-4.1-8-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-4.1-9-0.1; (11)ES0490.2.155. -->
SECTION 155. IC 6-4.1-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 1 and 2 of this chapter by P.L.252-2001 apply to the estate
of an individual who dies after June 30, 2001.
SOURCE: IC 6-4.1-11-0.1; (11)ES0490.2.156. -->
SECTION 156. IC 6-4.1-11-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 6-4.1-11.5-0.1; (11)ES0490.2.157. -->
SECTION 157. IC 6-4.1-11.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 9 of this chapter by P.L.252-2001 apply to the estate of an
individual who dies after June 30, 2001.
SOURCE: IC 6-6-5-0.1; (11)ES0490.2.158. -->
SECTION 158. IC 6-6-5-0.1 IS ADDED TO THE INDIANA 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 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.
SOURCE: IC 6-6-6.5-0.1; (11)ES0490.2.159. -->
SECTION 159. IC 6-6-6.5-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The amendments made to
section 9 of this chapter by P.L.224-2003 apply to aircraft excise
taxes and registration fees imposed under this chapter after
December 31, 2003.
SOURCE: IC 6-7-1-0.3; (11)ES0490.2.160. -->
SECTION 160. IC 6-7-1-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. Notwithstanding section 14 of this chapter,
revenue stamps paid for before July 1, 2002, and in the possession
of a distributor may be used after June 30, 2002, only if the full
amount of the tax imposed by section 12 of this chapter, as effective
after June 30, 2002, and as amended by P.L.192-2002(ss), is
remitted to the department under the procedures prescribed by the
department.
SOURCE: IC 6-7-1-0.4; (11)ES0490.2.161. -->
SECTION 161. IC 6-7-1-0.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.4. Notwithstanding section 14 of this chapter,
revenue stamps paid for before July 1, 2007, and in the possession
of a distributor may be used after June 30, 2007, only if the full
amount of the tax imposed by section 12 of this chapter, as effective
after June 30, 2007, and as amended by P.L.218-2007, is remitted
to the department under the procedures prescribed by the
department.
SOURCE: IC 6-8-11-0.1; (11)ES0490.2.162. -->
SECTION 162. IC 6-8-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The addition of this
chapter by P.L.92-1995 applies to taxable years beginning after
December 31, 1995.
(b) The addition of this chapter by P.L.93-1995 applies to
taxable years beginning after December 31, 1995.
SOURCE: IC 6-9-1-0.3; (11)ES0490.2.163. -->
SECTION 163. IC 6-9-1-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) This section applies to expenditures made
before July 1, 1994.
(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.
SOURCE: IC 6-9-2-0.3; (11)ES0490.2.164. -->
SECTION 164. IC 6-9-2-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. Actions taken before May 6, 2005, that would
have been valid under section 10 of this chapter, as added by
P.L.168-2005, are legalized and validated.
SOURCE: IC 6-9-2-10.3; (11)ES0490.2.165. -->
SECTION 165. IC 6-9-2-10.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10.3. Actions taken before May
6, 2005, that would have been valid under section 10 of this
chapter, as added by P.L.168-2005, are legalized and validated.
SOURCE: IC 6-9-4-0.3; (11)ES0490.2.166. -->
SECTION 166. IC 6-9-4-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. A pledge or mortgage of innkeeper's tax revenues
or property made before March 5, 1988, by Monroe County or the
Monroe County convention and visitor commission to secure any
obligations of the county is legalized and validated.
SOURCE: IC 6-9-20-0.3; (11)ES0490.2.167. -->
SECTION 167. IC 6-9-20-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by a county
fiscal body in determining that an excise tax should be continued
is legalized and validated, if the action would have been valid under
section 3 of this chapter, as amended by P.L.28-1993.
SOURCE: IC 6-9-41-0.3; (11)ES0490.2.168. -->
SECTION 168. IC 6-9-41-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A large percentage of the
land in the city of Bloomington and in Monroe County is not
taxable because the land is owned by the state or the federal
government, which puts the city and the county at a disadvantage
in their ability to fund projects. These special circumstances
require the legislation of P.L.176-2009 particular to the city and
county.
SOURCE: IC 7.1-1-2-0.1; (11)ES0490.2.169. -->
SECTION 169. IC 7.1-1-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.213-2001 apply to offenses
committed after June 30, 2001.
SOURCE: IC 7.1-2-1-0.3; (11)ES0490.2.170. -->
SECTION 170. IC 7.1-2-1-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) After June 30, 2001, a
reference in any law, rule, contract, or other document or record
to the alcoholic beverage commission, the Indiana alcoholic
beverage commission, or the alcoholic beverage commission of
Indiana shall be treated as a reference to the alcohol and tobacco
commission.
(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.
SOURCE: IC 7.1-3-1-0.1; (11)ES0490.2.171. -->
SECTION 171. IC 7.1-3-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 7.1-3-5-0.3; (11)ES0490.2.172. -->
SECTION 172. IC 7.1-3-5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A new or renewal beer dealer
permit issued or transferred to a package liquor store after June
30, 1997, and until March 14, 2002, is legalized.
SOURCE: IC 7.1-3-20-0.1; (11)ES0490.2.173. -->
SECTION 173. IC 7.1-3-20-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 7.1-3-21-0.1; (11)ES0490.2.174. -->
SECTION 174. IC 7.1-3-21-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. Notwithstanding the
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.
SOURCE: IC 7.1-4-4.1-0.3; (11)ES0490.2.175. -->
SECTION 175. IC 7.1-4-4.1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A fee imposed under this
chapter, as added by P.L.204-2001, applies only to permit
applications filed after June 30, 2001. The initial advance cost fee
under section 6 of this chapter, as added by P.L.204-2001, is the
advance cost fee in effect on June 30, 2001.
SOURCE: IC 7.1-5-1-0.1; (11)ES0490.2.176. -->
SECTION 176. IC 7.1-5-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 3 and 6 of this chapter by P.L.213-2001 apply to offenses
committed after June 30, 2001.
SOURCE: IC 7.1-5-7-0.1; (11)ES0490.2.177. -->
SECTION 177. IC 7.1-5-7-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 7.1-5-7-0.3; (11)ES0490.2.178. -->
SECTION 178. IC 7.1-5-7-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Notwithstanding the
amendments made to section 13 of this chapter by P.L.204-2001,
not later than July 1, 2002, the commission shall adopt the rules
required by section 13(b)(1), as amended by P.L.204-2001.
SOURCE: IC 7.1-5-8-0.3; (11)ES0490.2.179. -->
SECTION 179. IC 7.1-5-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The intent and purpose of the
amendments made to sections 4, 5, and 6 of this chapter by
P.L.94-2008 are the promotion of performing arts in Indiana.
SOURCE: IC 7.1-5-10-0.1; (11)ES0490.2.180. -->
SECTION 180. IC 7.1-5-10-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The addition of section 15.5
of this chapter by P.L.80-1986 does not apply to actions accruing
before April 1, 1986.
SOURCE: IC 7.1-6-2-0.3; (11)ES0490.2.181. -->
SECTION 181. IC 7.1-6-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. It is the intent of the general
assembly that this article be:
(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.
SOURCE: IC 7.1-6-2-0.4; (11)ES0490.2.182. -->
SECTION 182. IC 7.1-6-2-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. Notwithstanding the addition
of section 8 of this chapter by P.L.204-2001, a person may pay a
civil penalty:
(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.
SOURCE: IC 8-1-1-1; (11)ES0490.2.183. -->
SECTION 183. IC 8-1-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) As used in this
article, "commission" refers to the Indiana utility regulatory
commission.
(b) After June 30, 1987, any reference to the public service
commission of Indiana shall be construed as a reference to the
commission.
SOURCE: IC 8-1-1.5-0.3; (11)ES0490.2.184. -->
SECTION 184. IC 8-1-1.5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken before
March 5, 1985, that would have been valid if taken under this
chapter, as amended by P.L.87-1985, is validated.
SOURCE: IC 8-1-2-0.3; (11)ES0490.2.185. -->
SECTION 185. IC 8-1-2-0.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 0.3. Notwithstanding the amendments made to
section 103 of this chapter by P.L.93-1993, in the case of a public
utility that is described in section 103(c) of this chapter, as
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.
SOURCE: IC 8-1-8.9-0.3; (11)ES0490.2.186. -->
SECTION 186. IC 8-1-8.9-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The general assembly finds
the following:
(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.
SOURCE: IC 8-1.5-3-3.3; (11)ES0490.2.187. -->
SECTION 187. IC 8-1.5-3-3.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 3.3. For purposes of section 3 of
this chapter, a utility service board that:
(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.
SOURCE: IC 8-1.5-4-0.3; (11)ES0490.2.188. -->
SECTION 188. IC 8-1.5-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Notwithstanding the
amendments made to section 14 of this chapter by P.L.93-1993, in
the case of a public utility that is described in IC 8-1-2-103(c), as
amended by P.L.93-1993, the effective date for the implementation
of the amendments made to section 14 of this chapter by
P.L.93-1993 is July 1, 1993.
SOURCE: IC 8-2.1-17-0.1; (11)ES0490.2.189. -->
SECTION 189. IC 8-2.1-17-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The following
amendments to this chapter apply as follows:
(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.
SOURCE: IC 8-2.1-20-0.1; (11)ES0490.2.190. -->
SECTION 190. IC 8-2.1-20-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. (a) The amendments made to
sections 4, 5, 7, and 9 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), 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.
SOURCE: IC 8-2.1-22-0.1; (11)ES0490.2.191. -->
SECTION 191. IC 8-2.1-22-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The amendments made to
sections 1, 7, and 33 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), 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.
SOURCE: IC 8-2.1-24-0.1; (11)ES0490.2.192. -->
SECTION 192. IC 8-2.1-24-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. (a) The following
amendments to this chapter apply as follows:
(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.
SOURCE: IC 8-6-4-0.3; (11)ES0490.2.193. -->
SECTION 193. IC 8-6-4-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 0.3. (a) An ordinance that would be permitted under
section 1(c) of this chapter, as added by P.L.101-1993, that was
adopted before April 27, 1993:
(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.
SOURCE: IC 8-6-4-1.3; (11)ES0490.2.194. -->
SECTION 194. IC 8-6-4-1.3 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 1.3. (a) An ordinance that would be permitted under
section 1(c) of this chapter, as added by P.L.101-1993, that was
adopted before April 27, 1993:
(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.
SOURCE: IC 8-9.5-8-0.3; (11)ES0490.2.195. -->
SECTION 195. IC 8-9.5-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) On April 1, 1988, all
powers, duties, and liabilities of the Indiana toll finance authority
are transferred to the Indiana transportation finance authority, as
the successor.
(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.
SOURCE: IC 8-9.5-8-0.4; (11)ES0490.2.196. -->
SECTION 196. IC 8-9.5-8-0.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.4. (a) All powers, duties, and
liabilities of the Indiana toll finance authority with respect to
revenue bonds issued by that authority in connection with any trust
agreement or indenture securing those bonds are transferred to the
Indiana transportation finance authority as successor.
(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.
SOURCE: IC 8-10-1-0.3; (11)ES0490.2.197. -->
SECTION 197. IC 8-10-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) As used in this section,
"Indiana port commission" means the Indiana port commission
established by section 3 of this chapter, as in effect before March
19, 2008.
(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.
SOURCE: IC 8-14-1-0.1; (11)ES0490.2.198. -->
SECTION 198. IC 8-14-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 11 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.
SOURCE: IC 8-14-2-8; (11)ES0490.2.199. -->
SECTION 199. IC 8-14-2-8, AS ADDED BY P.L.182-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) This section applies to a political
subdivision's purchase of E85 occurring after December 31, 2007.
(a) (b) As used in this section, "administrator" has the meaning set
forth in IC 6-6-1.1-103(a).
(b) (c) As used in this section, "E85" has the meaning set forth in
IC 6-6-1.1-103(s).
(c) (d) As used in this section, "qualified motor vehicle" means a
motor vehicle that may be fueled by E85.
(d) (e) A political subdivision is entitled to a monthly E85 incentive
payment under this section if at least seventy-five percent (75%) of the
motor fuel purchased by the political subdivision in the preceding
calendar month for use in the political subdivision's qualified motor
vehicles was E85.
(e) (f) Subject to subsection (i), (j), the amount of a monthly E85
incentive payment to which a political subdivision is entitled under this
section is equal to:
(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).
(f) (g) To claim an E85 incentive payment under this section, the
fiscal officer of a political subdivision must present to the auditor of
state a statement that:
(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).
(g) (h) The auditor of state may request the administrator to make
investigations the auditor of state considers necessary before issuing an
E85 incentive payment under this section. The administrator shall
provide any assistance requested under this section. Upon the request
of the administrator, a political subdivision shall furnish to the
administrator sufficient documentation to prove the validity of the
information presented under subsection (f). (g).
(h) (i) If an E85 incentive payment is not issued within ninety (90)
days after filing of the verified statement and all supplemental
information required by subsection (g), (h), the auditor of state shall
pay interest at the rate established by IC 6-8.1-9 computed from the
date of filing of the verified statement and all supplemental information
required under this section until a date determined by the auditor of
state that does not precede by more than thirty (30) days the date on
which the E85 incentive payment is made.
(i) (j) A political subdivision is not entitled to an E85 incentive
payment for E85 used in a qualified motor vehicle owned by the
political subdivision after December 31 of the fifth calendar year of the
political subdivision's ownership of the qualified motor vehicle.
(k) A political subdivision may not claim an E85 incentive
payment for any purchase of E85 occurring after December 31,
2014.
(j) (l) This section expires January 1, 2015. 2019.
SOURCE: IC 8-15-2-0.1; (11)ES0490.2.200. -->
SECTION 200. IC 8-15-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 8-15-2-1.4; (11)ES0490.2.201. -->
SECTION 201. IC 8-15-2-1.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.4. Projects initially funded
under section 1(a)(3) and 1(a)(4) of this chapter after December 31,
1996, must be selected under the written procedures developed
under section 1.3 of this chapter, as added by P.L.83-1996.
SOURCE: IC 8-15.5-3-0.3; (11)ES0490.2.202. -->
SECTION 202. IC 8-15.5-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken with respect to:
(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.
SOURCE: IC 8-22-3-0.3; (11)ES0490.2.203. -->
SECTION 203. IC 8-22-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) This section applies to
each board of aviation commissioners from which powers, rights,
obligations, functions, and assets are to be transferred, under
section 33 of this chapter, to an airport authority established by
P.L.100-1985.
(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.
SOURCE: IC 8-22-3-4.4; (11)ES0490.2.204. -->
SECTION 204. IC 8-22-3-4.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 4.4. The general assembly finds
that development of the certified air carrier airport, owned and
operated by the Indianapolis Airport Authority, may impact
persons residing outside Marion County but within close proximity
to the airport. In order to address the concerns of these persons,
the general assembly finds that it is appropriate to appoint to the
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.
SOURCE: IC 8-23-7-0.1; (11)ES0490.2.205. -->
SECTION 205. IC 8-23-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 19 of this chapter by P.L.133-2007 apply only to public
works contracts entered into after June 30, 2007.
SOURCE: IC 8-23-9-0.1; (11)ES0490.2.206. -->
SECTION 206. IC 8-23-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 8 of this chapter by P.L.133-2007 apply only to public
works contracts entered into after June 30, 2007.
SOURCE: IC 8-23-10-0.1; (11)ES0490.2.207. -->
SECTION 207. IC 8-23-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.92-2004 apply only to subcontracts
entered into after June 30, 2004.
SOURCE: IC 9-13-0.1; (11)ES0490.2.208. -->
SECTION 208. IC 9-13-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 9-13-2-0.1; (11)ES0490.2.209. -->
SECTION 209. IC 9-13-2-0.1 IS ADDED TO THE INDIANA
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.
SOURCE: IC 9-14-4-0.3; (11)ES0490.2.210. -->
SECTION 210. IC 9-14-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) After June 30, 2003, any
reference in a statute or rule referring to the driver licensing
advisory committee is considered a reference to the board.
(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.
SOURCE: IC 9-17-7-0.2; (11)ES0490.2.211. -->
SECTION 211. IC 9-17-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 9-1-2-4 (before its repeal, now codified at sections 1 and 2 of this
chapter) by P.L.98-1989 apply to boating years beginning after
December 31, 1989.
SOURCE: IC 9-18-26-0.3; (11)ES0490.2.212. -->
SECTION 212. IC 9-18-26-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The rules adopted by the
bureau of motor vehicles before July 1, 2008, concerning this
chapter are considered, after June 30, 2008, rules of the secretary
of state.
SOURCE: IC 9-19-10-0.1; (11)ES0490.2.213. -->
SECTION 213. IC 9-19-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 7 of this chapter by P.L.121-1993 apply to a product
liability action that arises after June 30, 1993.
SOURCE: IC 9-19-10.5-0.1; (11)ES0490.2.214. -->
SECTION 214. IC 9-19-10.5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 9-21-2-1.3; (11)ES0490.2.215. -->
SECTION 215. IC 9-21-2-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.3. A rule adopted under section
1 of this chapter, before its amendment by P.L.36-2008, expires on
the date on which the commissioner of the Indiana department of
transportation issues an order under section 1 of this chapter, as
amended by P.L.36-2008.
SOURCE: IC 9-21-5-0.1; (11)ES0490.2.216. -->
SECTION 216. IC 9-21-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 11 of this chapter by P.L.40-2007 apply to civil judgments
entered for infractions committed after June 30, 2007.
SOURCE: IC 9-21-8-0.1; (11)ES0490.2.217. -->
SECTION 217. IC 9-21-8-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 9-22-1-0.3; (11)ES0490.2.218. -->
SECTION 218. IC 9-22-1-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) This section applies to an
abandoned vehicle:
(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.
SOURCE: IC 9-22-4-0.3; (11)ES0490.2.219. -->
SECTION 219. IC 9-22-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The rules adopted by the
bureau of motor vehicles before July 1, 2008, concerning this
chapter are considered, after June 30, 2008, rules of the secretary
of state.
SOURCE: IC 9-23-0.7-2; (11)ES0490.2.220. -->
SECTION 220. IC 9-23-0.7-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. The rules adopted by the
bureau of motor vehicles before July 1, 2007, concerning:
(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.
SOURCE: IC 9-24-6-0.1; (11)ES0490.2.221. -->
SECTION 221. IC 9-24-6-0.1 IS ADDED TO THE INDIANA
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) 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.
SOURCE: IC 9-24-6-2.7; (11)ES0490.2.222. -->
SECTION 222. IC 9-24-6-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.7. It is the intent of the general
assembly that an individual who is a resident of another state but
who attends a truck driver training school in Indiana be allowed to
apply for a commercial driver's license learner's permit from
Indiana.
SOURCE: IC 9-25-5-0.1; (11)ES0490.2.223. -->
SECTION 223. IC 9-25-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.75-2001 apply to evidence admitted
in any civil proceeding after June 30, 2001, to prove that a motor
vehicle liability policy was in effect with respect to a motor vehicle
on any date before, on, or after June 30, 2001.
SOURCE: IC 9-25-8-0.1; (11)ES0490.2.224. -->
SECTION 224. IC 9-25-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.157-2003 apply only to offenses
committed after June 30, 2003.
SOURCE: IC 9-26-1-0.1; (11)ES0490.2.225. -->
SECTION 225. IC 9-26-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 9-29-3-0.3; (11)ES0490.2.226. -->
SECTION 226. IC 9-29-3-0.3 IS ADDED TO THE INDIANA
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.
SOURCE: IC 9-29-15-0.3; (11)ES0490.2.227. -->
SECTION 227. IC 9-29-15-0.3 IS ADDED TO THE INDIANA
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 1 or 4 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.
SOURCE: IC 9-30-2-0.1; (11)ES0490.2.228. -->
SECTION 228. IC 9-30-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 4 and 5 of this chapter by P.L.99-1996 apply to arrests
made after June 30, 1996.
SOURCE: IC 9-30-5-0.1; (11)ES0490.2.229. -->
SECTION 229. IC 9-30-5-0.1 IS ADDED TO THE INDIANA
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.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.
SOURCE: IC 9-30-5-0.2; (11)ES0490.2.230. -->
SECTION 230. IC 9-30-5-0.2 IS ADDED TO THE INDIANA
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 IC 33-37-5-10) by
P.L.85-1998 apply to findings under this chapter made after June
30, 1998, regardless of when the action was filed.
SOURCE: IC 9-30-6-5.5; (11)ES0490.2.231. -->
SECTION 231. IC 9-30-6-5.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 5.5. (a) Notwithstanding
IC 4-22-2, to implement P.L.1-2000, the director of the department
of toxicology of the Indiana University School of Medicine may
adopt a rule required under section 5 of this chapter, section 6 of
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.
SOURCE: IC 9-30-10-0.3; (11)ES0490.2.232. -->
SECTION 232. IC 9-30-10-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) Except for the provisions
pertaining to the granting of probation in IC 9-4-13-10 (before its
repeal), the repeal of IC 9-4-13 by P.L.107-1985 does not affect
any:
(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).
SOURCE: IC 9-31-1-7; (11)ES0490.2.233. -->
SECTION 233. IC 9-31-1-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 7. (a) On January 1, 1992, the employees of the
department of natural resources who administer the watercraft
registration and title programs are transferred to the bureau of
motor vehicles.
(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.
SOURCE: IC 10-12-1-0.2; (11)ES0490.2.234. -->
SECTION 234. IC 10-12-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) 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;
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.
SOURCE: IC 10-12-2-0.2; (11)ES0490.2.235. -->
SECTION 235. IC 10-12-2-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) 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;
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.
SOURCE: IC 10-12-3-0.2; (11)ES0490.2.236. -->
SECTION 236. IC 10-12-3-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) 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 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.
SOURCE: IC 10-12-5-0.3; (11)ES0490.2.237. -->
SECTION 237. IC 10-12-5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The amendments made to
sections 3 and 4 of this chapter by P.L.5-2008 apply to
supplemental benefits payable after June 30, 2007, to retired
employee beneficiaries of the state police pre-1987 retirement
system established under IC 10-12-3.
(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.
SOURCE: IC 10-17-1-0.1; (11)ES0490.2.238. -->
SECTION 238. IC 10-17-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 5 and 9 of this chapter and the addition of section 11 of
this chapter by P.L.144-2007 apply to employees who begin
employment with the Indiana department of veterans' affairs or a
county or a city under section 9 of this chapter as amended by
P.L.144-2007, as applicable, after June 30, 2007.
SOURCE: IC 10-17-9-21; (11)ES0490.2.239. -->
SECTION 239. IC 10-17-9-21 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 21. The state department of
health established by IC 16-19-1-1 may develop a plan and seek
federal approval to qualify the Indiana Veterans' Home for
reimbursement of services and other expenses that could be eligible
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.
SOURCE: IC 10-17-10-0.2; (11)ES0490.2.240. -->
SECTION 240. IC 10-17-10-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 10-5-3-1 (before its repeal, now codified in this chapter) apply
to claims for burial expenses filed after June 30, 2003.
SOURCE: IC 10-19-6-4; (11)ES0490.2.241. -->
SECTION 241. IC 10-19-6-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. (a) On July 1, 1990, the
employees of the state emergency management agency established
under IC 10-8-2-1 (before its repeal, later codified at IC 10-14-2-1,
(before its repeal)) shall initially be composed of the employees of
the department of civil defense created under IC 10-4-1-5(a)
(before its repeal) and the Indiana emergency medical services
commission created under IC 16-1-39-3 (before its repeal) who are
employed on June 30, 1990, by those two (2) agencies.
(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.
SOURCE: IC 11-8-1-5.6; (11)ES0490.2.242. -->
SECTION 242. IC 11-8-1-5.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.6. (a) "Community
transition program commencement date" means the following:
(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.
SOURCE: IC 11-8-2-15; (11)ES0490.2.243. -->
SECTION 243. IC 11-8-2-15 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 15. (a) Upon completion of a new
correctional facility, the department shall conduct a review of the
capacity of all previously existing facilities to determine the
feasibility of closing the facilities. In conducting a review under this
section, the department shall consider whether the closing of an
existing facility would be consistent with the public safety and
sound correctional policy.
(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.
SOURCE: IC 11-8-8-0.1; (11)ES0490.2.244. -->
SECTION 244. IC 11-8-8-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 11-8-8-0.2; (11)ES0490.2.245. -->
SECTION 245. IC 11-8-8-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 5-2-12-4, IC 5-2-12-9, and IC 5-2-12-12 (before their repeal) by
P.L.33-1996 apply to a child who is adjudicated a delinquent child
after June 30, 1996, for an act that would be an offense described
in IC 5-2-12-4(1) (before its repeal), as amended by P.L.33-1996.
(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.
SOURCE: IC 11-10-2-0.3; (11)ES0490.2.246. -->
SECTION 246. IC 11-10-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) A county may not impose
a property tax levy after December 31, 2008, for the county general
fund to the extent that the levy is for the reimbursement of the
department of correction under IC 11-10-2-3 (before its repeal by
P.L.146-2008) or a related provision for the costs of keeping
delinquent offenders.
(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.
SOURCE: IC 11-10-11.5-1; (11)ES0490.2.247. -->
SECTION 247. IC 11-10-11.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) This chapter
applies to a person:
(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.
SOURCE: IC 11-12-10-4.5; (11)ES0490.2.248. -->
SECTION 248. IC 11-12-10-4.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 4.5. The per diem rate schedule
for the community transition program under this chapter must be
approved by the budget agency after review by the budget
committee.
SOURCE: IC 11-13-3-0.1; (11)ES0490.2.249. -->
SECTION 249. IC 11-13-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.172-2001 apply to all parole
determinations made after June 30, 2001, including a
determination after June 30, 2001, to reconsider the release of an
offender on parole whose parole was revoked before July 1, 2001.
SOURCE: IC 12-7-0.1; (11)ES0490.2.250. -->
SECTION 250. IC 12-7-0.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 12-7-1-4; (11)ES0490.2.251. -->
SECTION 251. IC 12-7-1-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 4. P.L.9-1991 does not affect:
(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.
SOURCE: IC 12-7-1-5; (11)ES0490.2.252. -->
SECTION 252. IC 12-7-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 5. Actions taken under IC 12-8-1, IC 12-8-2,
IC 12-8-6, and IC 12-8-8 after June 30, 1999, and before December
1, 1999, are legalized and validated to the extent that those actions
would have been legal and valid if P.L.7-2000 had been enacted
before July 1, 1999.
SOURCE: IC 12-7-3; (11)ES0490.2.253. -->
SECTION 253. IC 12-7-3 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 12-8-1-0.3; (11)ES0490.2.254. -->
SECTION 254. IC 12-8-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken under this
chapter, after December 31, 2007, and before March 24, 2008, are
legalized and validated to the extent that those actions would have
been legal and valid if P.L.113-2008 had been enacted before
January 1, 2008.
SOURCE: IC 12-8-2-0.3; (11)ES0490.2.255. -->
SECTION 255. IC 12-8-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken under this
chapter, after December 31, 2007, and before March 24, 2008, are
legalized and validated to the extent that those actions would have
been legal and valid if P.L.113-2008 had been enacted before
January 1, 2008.
SOURCE: IC 12-8-6-0.3; (11)ES0490.2.256. -->
SECTION 256. IC 12-8-6-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. Actions taken under this
chapter, after December 31, 2007, and before March 24, 2008, are
legalized and validated to the extent that those actions would have
been legal and valid if P.L.113-2008 had been enacted before
January 1, 2008.
SOURCE: IC 12-8-6-11; (11)ES0490.2.257. -->
SECTION 257. IC 12-8-6-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) The office shall reduce
reimbursement rates for over-the-counter drugs by ten percent
(10%) not later than July 1, 2001.
(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.
SOURCE: IC 12-8-6-12; (11)ES0490.2.258. -->
SECTION 258. IC 12-8-6-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. The office shall adopt
emergency rules under IC 4-22-2-37.1 to achieve the reductions
needed to avoid expenditures exceeding the Medicaid
appropriation made by P.L.224-2003 in the line item appropriation
to the FAMILY AND SOCIAL SERVICES ADMINISTRATION,
MEDICAID - CURRENT OBLIGATIONS. To the extent that
reductions are made to optional Medicaid services as set forth in
42 U.S.C. 1396 et seq., the reductions may be accomplished on a
pro rata basis with each optional service being reduced by a
proportionate amount. However, the reductions may not be made
in a manner that results in the elimination of any optional
Medicaid service.
SOURCE: IC 12-8-8-0.3; (11)ES0490.2.259. -->
SECTION 259. IC 12-8-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Actions taken under this
chapter, after December 31, 2007, and before March 24, 2008, are
legalized and validated to the extent that those actions would have
been legal and valid if P.L.113-2008 had been enacted before
January 1, 2008.
SOURCE: IC 12-14-6-0.1; (11)ES0490.2.260. -->
SECTION 260. IC 12-14-6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. 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.
SOURCE: IC 12-14-17-0.1; (11)ES0490.2.261. -->
SECTION 261. IC 12-14-17-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The amendments made to
sections 4 and 5 of this chapter by P.L.118-1997 do not apply to an
individual whose death occurs before July 1, 1997.
SOURCE: IC 12-14-21-0.1; (11)ES0490.2.262. -->
SECTION 262. IC 12-14-21-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.118-1997 do not apply to an
individual whose death occurs before July 1, 1997.
SOURCE: IC 12-15-1-21; (11)ES0490.2.263. -->
SECTION 263. IC 12-15-1-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 21. (a) The budget agency shall
develop a plan and seek federal approval to qualify services that
are provided to assist exceptional learners in accessing or
coordinating services, or both, under the state Medicaid plan.
(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.
SOURCE: IC 12-15-1.3; (11)ES0490.2.264. -->
SECTION 264. IC 12-15-1.3 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 12-15-11.5-10; (11)ES0490.2.265. -->
SECTION 265. IC 12-15-11.5-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. A hospital and the managed
care contractor of the office shall use the arbitration procedure in
section 8 of this chapter for the resolution of all disputed claims
that have accrued as of March 17, 2000.
SOURCE: IC 12-15-13-0.1; (11)ES0490.2.266. -->
SECTION 266. IC 12-15-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
this chapter apply as follows:
(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.
SOURCE: IC 12-17-12-0.3; (11)ES0490.2.267. -->
SECTION 267. IC 12-17-12-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The school age child care
project fund established by IC 20-5-61 (before its repeal) is a
continuation of the school age child care project fund established
by P.L.197-1985.
(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.
SOURCE: IC 12-17.2-3.5-0.1; (11)ES0490.2.268. -->
SECTION 268. IC 12-17.2-3.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 10 of this chapter by P.L.131-2002 apply to a provider that
begins receiving voucher payments after June 30, 2002.
SOURCE: IC 12-17.2-5-0.1; (11)ES0490.2.269. -->
SECTION 269. IC 12-17.2-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 6.3(a)
of this chapter by P.L.247-2001 does not apply to a person who was
issued a license for a class I child care home before July 1, 2001.
SOURCE: IC 12-20-1-6; (11)ES0490.2.270. -->
SECTION 270. IC 12-20-1-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. A valid claim:
(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.
SOURCE: IC 12-20-25-0.3; (11)ES0490.2.271. -->
SECTION 271. IC 12-20-25-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The township assistance
control board is a continuation of the township poor relief control
board (renamed by P.L.73-2005).
(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.
SOURCE: IC 12-20-25-0.4; (11)ES0490.2.272. -->
SECTION 272. IC 12-20-25-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. (a) Notwithstanding the
amendment of section 40 of this chapter by P.L.73-2005, funds that
are in the county income tax poor relief control fund on June 30,
2005, are transferred to the county income tax township assistance
control fund established by section 40 of this chapter, as amended
by P.L.73-2005.
(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.
SOURCE: IC 12-22-2-0.3; (11)ES0490.2.273. -->
SECTION 273. IC 12-22-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If the division determines
that any one (1) of the four (4) sub-acute stabilization programs
implemented under IC 12-22-2-3(1), as added by P.L.62-1993, is
not successful, the division shall terminate operation of the
unsuccessful program. The division may not expand the number of
sub-acute stabilization programs or change the location of a
program without approval from the general assembly.
SOURCE: IC 12-23-1-13; (11)ES0490.2.274. -->
SECTION 274. IC 12-23-1-13 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 13. Notwithstanding the
amendments made to IC 12-7-2-12 by P.L.168-2002, a person
participating in an alcohol and drug services program before July
1, 2002, solely as a result of committing an infraction may continue
in the program until the person successfully completes the program
or is removed for a violation or noncompliance, whichever occurs
first.
SOURCE: IC 12-29-1-0.3; (11)ES0490.2.275. -->
SECTION 275. IC 12-29-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) If the department of local
government finance determines that compliance with P.L.78-2004
would cause an unreasonable delay in the certification of budgets,
tax rates, and tax levies in a county, the department of local
government finance may certify budgets, tax rates, and tax levies
for the county under IC 6-1.1-18-12, this chapter, and IC 12-29-2
as if P.L.78-2004 had not been enacted. However, if the department
of local government finance takes this action, the affected county
and the department of local government finance shall provide for
an additional shortfall property tax levy and an additional
budgeted amount in 2005 to replace the revenue lost in 2004 to
community mental health centers as a result of certifying budgets,
tax rates, and tax levies for the county under IC 6-1.1-18-12, this
chapter, and IC 12-29-2 as if P.L.78-2004 had not been passed.
(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.
SOURCE: IC 13-11-2-0.1; (11)ES0490.2.276. -->
SECTION 276. IC 13-11-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 148(e) of this chapter by P.L.212-1999, SECTION 3 shall
not be construed to affect any litigation filed before January 1,
1999.
SOURCE: IC 13-11-2-0.2; (11)ES0490.2.277. -->
SECTION 277. IC 13-11-2-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) The amendments made to
IC 13-7-8.7-8(a) and IC 13-7-8.7-8(b) (before their repeal, now
codified at sections 48 and 81, respectively, 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.
(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.
SOURCE: IC 13-12-2-2; (11)ES0490.2.278. -->
SECTION 278. IC 13-12-2-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. The amendment of
IC 13-11-2-265(b) by P.L.183-2002 applies retroactively to July 1,
1996. By its amendment of IC 13-11-2-265(b), the general assembly
intends that there be no substantive difference in the law as
amended by P.L.183-2002 and the law as it was constituted before
the recodification of this title by enactment of P.L.1-1996.
SOURCE: IC 13-14-8-0.3; (11)ES0490.2.279. -->
SECTION 279. IC 13-14-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A rule adopted by the solid
waste management board before May 13, 1999, that does not
comply with IC 13-20-7-1 (as amended by P.L.224-1999 and before
its repeal) applies only to special waste that is disposed of at a solid
waste landfill that does not meet Subtitle D design standards of the
federal Resource Conservation and Recovery Act as provided in 40
CFR Part 258.
SOURCE: IC 13-14-9-0.1; (11)ES0490.2.280. -->
SECTION 280. IC 13-14-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 3 and 4 of this chapter by P.L.100-2006 apply only to
proposed rules for which the department of environmental
management provides notice under section 3 of this chapter, as
amended by P.L.100-2006, after June 30, 2006.
SOURCE: IC 13-17-5-5.2; (11)ES0490.2.281. -->
SECTION 281. IC 13-17-5-5.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.2. The following are legalized:
(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.
SOURCE: IC 13-18-21-22.3; (11)ES0490.2.282. -->
SECTION 282. IC 13-18-21-22.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 22.3. (a) On July 1, 1999, the
treasurer of state shall transfer the balance remaining in the
supplemental wastewater assistance fund on June 30, 1999, to the
supplemental drinking water and wastewater assistance fund
established by IC 13-18-21-22, as amended by P.L.132-1999.
(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.
SOURCE: IC 13-21-3-0.2; (11)ES0490.2.283. -->
SECTION 283. IC 13-21-3-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 13-9.5-2-2 and IC 13-9.5-2-11 (before their repeal, now codified
in this chapter) by P.L.96-1995 apply to property taxes first due
and payable after December 31, 1995, and to taxable years that
begin after December 31, 1995.
(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.
SOURCE: IC 13-21-3-14; (11)ES0490.2.284. -->
SECTION 284. IC 13-21-3-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14.
(a) This section
does not apply to a contract executed before April 1, 1998.
(a) (b) Except as provided in subsection
(c) (d) and section 14.5 of
this chapter, the powers of a district do not include the following:
(1) The power of eminent domain.
(2) Except as provided in subsection
(b), (c), the power to
exclusively control the collection or disposal of any solid waste or
recyclables within the district by means that include the
following:
(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.
(b) (c) If one (1) or more of the governmental entities in a district,
at the time of the formation of the district, is a party to a contract
providing that the persons contracted with have the exclusive right to
collect or dispose of solid waste within the jurisdiction of the
governmental entity, the district may enter into an extension of that
contract.
(c) (d) Subsection (a) (b) does not apply to activities conducted as
part of a household hazardous waste collection and disposal project.
SOURCE: IC 13-21-3-14.5; (11)ES0490.2.285. -->
SECTION 285. IC 13-21-3-14.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 14.5. (a) This section
does not apply to the following:
(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. and
(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.
SOURCE: IC 13-23-13-0.2; (11)ES0490.2.286. -->
SECTION 286. IC 13-23-13-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 13-7-20-24 (before its repeal, now partly codified at section 5 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.
SOURCE: IC 13-25-3-0.1; (11)ES0490.2.287. -->
SECTION 287. IC 13-25-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. This chapter applies to
transfers of property that take effect, or that are scheduled to
become final, after December 31, 1989.
SOURCE: IC 13-25-4-0.2; (11)ES0490.2.288. -->
SECTION 288. IC 13-25-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 13-7-8.7-8(c) through IC 13-7-8.7-8(f) (before that section's
repeal, now codified at section 8 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.
SOURCE: IC 13-30-10-0.1; (11)ES0490.2.289. -->
SECTION 289. IC 13-30-10-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 14-9-7-5; (11)ES0490.2.290. -->
SECTION 290. IC 14-9-7-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 5. (a) This section applies only to salaries paid for pay
periods beginning after June 30, 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.
SOURCE: IC 14-10-2-0.3; (11)ES0490.2.291. -->
SECTION 291. IC 14-10-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. On May 13, 2005, the powers
of the department to establish fees are transferred to the
commission. After May 13, 2005, the commission may exercise any
power delegated to the department to establish fees, and a rule of
the department that establishes a fee for any of the following shall
be treated as a rule of the commission:
(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.
SOURCE: IC 14-10-2-7; (11)ES0490.2.292. -->
SECTION 292. IC 14-10-2-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7. Any rule:
(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.
SOURCE: IC 14-13-1-0.3; (11)ES0490.2.293. -->
SECTION 293. IC 14-13-1-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. Notwithstanding IC 4-26-3-27
and IC 4-26-3-27.3 (before their repeal) and the one (1) year delay
period ordered by the governor under Executive Order 92-5 issued
under IC 4-26-3-11 (before its repeal), the Indiana White River
state park development commission is not abolished, and the
powers, duties, and functions adhering to it do not terminate on
June 30, 1993.
SOURCE: IC 14-15-6-0.2; (11)ES0490.2.294. -->
SECTION 294. IC 14-15-6-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 14-1-1-48 (before its repeal, now codified at section 2 of this
chapter) apply to boating years beginning after December 31, 1989.
SOURCE: IC 14-20-9-0.3; (11)ES0490.2.295. -->
SECTION 295. IC 14-20-9-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) This section applies only
if the real estate is transferred to the society under P.L.173-1993,
SECTION 2.
(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.
SOURCE: IC 14-20-9-1; (11)ES0490.2.296. -->
SECTION 296. IC 14-20-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. This section and
sections 2 through 5 of this chapter does do not apply if:
(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.
SOURCE: IC 14-20-15-3.3; (11)ES0490.2.297. -->
SECTION 297. IC 14-20-15-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. (a) The commission is the
successor in interest to all property, rights, contracts, liabilities,
obligations, and duties of the Lewis and Clark bicentennial
commission established by P.L.7-2001.
(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.
SOURCE: IC 14-22-10-0.1; (11)ES0490.2.298. -->
SECTION 298. IC 14-22-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.138-1997 apply to causes of action
that accrue after June 30, 1997.
SOURCE: IC 14-23-3-0.3; (11)ES0490.2.299. -->
SECTION 299. IC 14-23-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. IC 1-1-5-1 applies to the
expiration of section 3 of this chapter, as amended by
P.L.146-2008. Liability and penalties for delinquent tax payments
for a property tax imposed under section 3 of this chapter before
January 1, 2009, are not extinguished as a result of the expiration
of section 3 of this chapter under P.L.146-2008. Delinquent
property taxes collected after December 31, 2008, from a property
tax imposed under section 3 of this chapter before January 1, 2009,
shall be deposited and used after December 31, 2008, as provided
in section 3 of this chapter (before its expiration), as effective
December 30, 2008.
SOURCE: IC 14-33-7-0.1; (11)ES0490.2.300. -->
SECTION 300. IC 14-33-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.97-2004 apply only to property
taxes first due and payable after December 31, 2002.
SOURCE: IC 15-13-9.1; (11)ES0490.2.301. -->
SECTION 301. IC 15-13-9.1 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 15-17-3-0.3; (11)ES0490.2.302. -->
SECTION 302. IC 15-17-3-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) Rules adopted by the state
department of health before July 1, 1996, 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 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.
SOURCE: IC 15-20-1-0.2; (11)ES0490.2.303. -->
SECTION 303. IC 15-20-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of
IC 15-5-12-3.5 (before its repeal, now codified in section 5 of this
chapter) by P.L.220-2007 applies only to crimes committed after
June 30, 2007.
SOURCE: IC 15-21-2-0.1; (11)ES0490.2.304. -->
SECTION 304. IC 15-21-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 3 of
this chapter by P.L.111-2009 applies only to crimes committed
after June 30, 2009.
SOURCE: IC 15-21-3-0.1; (11)ES0490.2.305. -->
SECTION 305. IC 15-21-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of sections 1 and
2 of this chapter by P.L.111-2009 applies only to crimes committed
after June 30, 2009.
SOURCE: IC 16-18-1-4; (11)ES0490.2.306. -->
SECTION 306. IC 16-18-1-4 IS ADDED TO THE INDIANA
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.
SOURCE: IC 16-18-1-5; (11)ES0490.2.307. -->
SECTION 307. IC 16-18-1-5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. The general assembly may, by
concurrent resolution, preserve any of the background materials
related to P.L.2-1993.
SOURCE: IC 16-18-3-8; (11)ES0490.2.308. -->
SECTION 308. IC 16-18-3-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. (a) As used in this section,
"repealed statute" refers to any of the following statutes repealed
by P.L.2-1993:
(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.
SOURCE: IC 16-19-1-4; (11)ES0490.2.309. -->
SECTION 309. IC 16-19-1-4 IS ADDED TO THE INDIANA
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.
SOURCE: IC 16-20-1-29; (11)ES0490.2.310. -->
SECTION 310. IC 16-20-1-29 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 29. (a) The employees of a local
health department under IC 16-1-5 (before its repeal), IC 16-1-6
(before its repeal), or IC 16-1-7 (before its repeal) become
employees of the local health department established under
IC 16-1-3.8 (before its repeal, now codified at IC 16-20-2) or
IC 16-1-3.9 (before its repeal, now codified at IC 16-20-3) under
P.L.40-1989.
(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).
SOURCE: IC 16-20-1-30; (11)ES0490.2.311. -->
SECTION 311. IC 16-20-1-30 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 30. (a) In a county having a
population of more than two hundred seventy thousand (270,000)
and less than four hundred thousand (400,000), as reported by the
1980 decennial census, employees who were employees of a
city-county health department under IC 16-1-7-16 (before its
repeal) on December 31, 1985, are entitled to the benefits relating
to vacation, sick leave, insurance, and clothing allowance permitted
under IC 16-1-7-16 (before its repeal).
(b) The benefits provided under subsection (a) are subject to
satisfactory job performance.
SOURCE: IC 16-20-2-2.5; (11)ES0490.2.312. -->
SECTION 312. IC 16-20-2-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) For purposes of this
section, population information contained in this section refers to
population as determined by the 1990 decennial census.
(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.
SOURCE: IC 16-20-4-5.5; (11)ES0490.2.313. -->
SECTION 313. IC 16-20-4-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. (a) For purposes of this
section, population information contained in this section refers to
population as determined by the 1990 decennial census.
(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.
SOURCE: IC 16-27-2-0.2; (11)ES0490.2.314. -->
SECTION 314. IC 16-27-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 16-10-2.6
(before its repeal, now codified in this chapter) by P.L.190-1989
applies to individuals who are initially employed by a home health
agency after June 30, 1989.
SOURCE: IC 16-36-4-0.1; (11)ES0490.2.315. -->
SECTION 315. IC 16-36-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 1, 10, and 13 of this chapter by P.L.99-1994 do not apply
to a living will declaration executed before July 1, 1994.
SOURCE: IC 16-37-1-0.1; (11)ES0490.2.316. -->
SECTION 316. IC 16-37-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 12 of this chapter by P.L.41-2008 apply only to crimes
committed after June 30, 2008.
SOURCE: IC 16-39-0.1; (11)ES0490.2.317. -->
SECTION 317. IC 16-39-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 16-40-4-10; (11)ES0490.2.318. -->
SECTION 318. IC 16-40-4-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. Any information that is
confidential under this chapter remains confidential after this
chapter expires or is repealed.
SOURCE: IC 16-41-6-4; (11)ES0490.2.319. -->
SECTION 319. IC 16-41-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Subject to
subsection (f), if:
(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).
SOURCE: IC 16-41-9-0.1; (11)ES0490.2.320. -->
SECTION 320. IC 16-41-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 1.5(t)
of this chapter by P.L.138-2006 applies only to crimes committed
after June 30, 2006.
SOURCE: IC 16-41-14-0.2; (11)ES0490.2.321. -->
SECTION 321. IC 16-41-14-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. P.L.184-1989 does not apply
to semen donations that are provided to a practitioner (as defined
in IC 16-8-7.5-5, before its repeal, now codified at section 4 of this
chapter and at IC 16-18-2-288) before July 1, 1989.
SOURCE: IC 16-42-5-0.1; (11)ES0490.2.322. -->
SECTION 322. IC 16-42-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 28 of this chapter by P.L.266-2001 apply to violations that
occur after June 30, 2001.
SOURCE: IC 16-42-5-0.3; (11)ES0490.2.323. -->
SECTION 323. IC 16-42-5-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) The state department of
health may adopt rules establishing the initial schedule of civil
penalties required under section 28 of this chapter, as added by
P.L.266-2001, at any time after May 11, 2001, in the manner
provided for the adoption of emergency rules under IC 4-22-2-37.1.
An emergency rule adopted under this section expires on the later
of:
(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.
SOURCE: IC 16-42-5-0.4; (11)ES0490.2.324. -->
SECTION 324. IC 16-42-5-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. A corporation or local health
department that, before January 1, 2001, adopted sanitary
standards for food handling or food establishments that are
different from the state rules concerning sanitary standards for
food handling or food establishments may continue to enforce those
locally prescribed sanitary standards until the later of:
(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.
SOURCE: IC 16-47-1-0.1; (11)ES0490.2.325. -->
SECTION 325. IC 16-47-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 20-26-5-0.3; (11)ES0490.2.326. -->
SECTION 326. IC 20-26-5-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. A donation of proceeds of
riverboat gaming to a public school endowment corporation that:
(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.
SOURCE: IC 20-26-7-0.3; (11)ES0490.2.327. -->
SECTION 327. IC 20-26-7-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The actions of a school
corporation taken before January 1, 1989, in acquiring any interest
in real estate or a real estate improvement, under a deed that
contains a reverter clause that limits the use of the property by the
school corporation, are legalized.
(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.
SOURCE: IC 20-26-7-0.4; (11)ES0490.2.328. -->
SECTION 328. IC 20-26-7-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. Notwithstanding P.L.25-1995,
if a school corporation has conducted the hearing described in
IC 20-5-52 (before its repeal, now codified in this chapter) before
May 1, 1995, the school corporation may issue bonds or execute a
lease for the school building construction project that was the
subject of the hearing in accordance with the requirements for
issuing bonds or executing a lease that were in effect before July 1,
1995.
SOURCE: IC 20-26-7-45; (11)ES0490.2.329. -->
SECTION 329. IC 20-26-7-45 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 45. (a) The actions of a school
corporation taken before January 1, 1993, in acquiring any interest
in real estate or a real estate improvement under a deed that
contains a reverter clause that limits the use of the property by the
school corporation are legalized.
(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.
SOURCE: IC 20-26-11-0.2; (11)ES0490.2.330. -->
SECTION 330. IC 20-26-11-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The amendments made to
IC 20-8.1-6.1-9 (before its repeal, now codified at section 14 of this
chapter) by P.L.260-1997 apply only to school years beginning
after June 30, 1996.
SOURCE: IC 20-26-11-8.5; (11)ES0490.2.331. -->
SECTION 331. IC 20-26-11-8.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8.5. With regard to the transfer
of responsibility for paying transfer tuition for certain students
from the county to the school corporation of the student's legal
settlement as described in IC 20-8.1-6.1-5 (as amended by
P.L.36-1994, before its repeal, now codified at section 8 of this
chapter), P.L.36-1994 does not affect:
(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.
SOURCE: IC 20-27-5-0.2; (11)ES0490.2.332. -->
SECTION 332. IC 20-27-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to:
(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.
SOURCE: IC 20-27-9-12.5; (11)ES0490.2.333. -->
SECTION 333. IC 20-27-9-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12.5. If a person described in
IC 20-9.1-5-6.6 (as added by P.L.278-2001, before its repeal, now
codified at section 12 of this chapter) has contracted for the use of
a vehicle other than a school bus (as defined in IC 20-9.1-1-5,
before its repeal, now codified at IC 20-27-2-8) or a special purpose
bus (as defined in IC 20-9.1-1-4.5, as amended by P.L.278-2001,
before its repeal, now codified at IC 20-27-2-10) before July 1,
2001, the person may continue to use the vehicle to transport
children until the contract expires.
SOURCE: IC 20-28-2-0.3; (11)ES0490.2.334. -->
SECTION 334. IC 20-28-2-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) The professional
standards board (previously established by section 1 of this
chapter) is abolished.
(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.
SOURCE: IC 20-28-9-0.2; (11)ES0490.2.335. -->
SECTION 335. IC 20-28-9-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 20-6.1-5-14 (before its repeal, now codified at section 20 of this
chapter) by P.L.46-1985 do not affect contracts entered into before,
and in effect on, July 1, 1986.
SOURCE: IC 20-32-4-0.3; (11)ES0490.2.336. -->
SECTION 336. IC 20-32-4-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. Notwithstanding the
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.
SOURCE: IC 20-40-17; (11)ES0490.2.337. -->
SECTION 337. IC 20-40-17 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 20-43-9-0.3; (11)ES0490.2.338. -->
SECTION 338. IC 20-43-9-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. A rule adopted by the state
board before January 1, 1994, concerning the primetime program
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.
SOURCE: IC 20-43-9-12; (11)ES0490.2.339. -->
SECTION 339. IC 20-43-9-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) The department shall
adjust distributions made to a school corporation, including a
charter school, after May 13, 2005, to eliminate the difference
between the state primetime distribution that the school
corporation, including a charter school, received as a result of
IC 21-1-30-3 (as amended by P.L.224-2003, before its repeal, now
codified in this chapter), and the state primetime distribution to
which the school corporation, including a charter school, is entitled
to receive under IC 21-1-30-3 (as amended by P.L.246-2005, before
its repeal, now codified in this chapter).
(b) The adjustments required under this section shall be made
on the schedule determined by the department of education.
SOURCE: IC 20-48-1-2.5; (11)ES0490.2.340. -->
SECTION 340. IC 20-48-1-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.5. Notwithstanding the repeal
of IC 20-5-4-1.7, as added by P.L.253-2001, the following
provisions apply to bonds issued under IC 20-5-4-1.7, as added by
P.L.253-2001, before December 31, 2004:
(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.
SOURCE: IC 20-48-1-12; (11)ES0490.2.341. -->
SECTION 341. IC 20-48-1-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. Notwithstanding the repeal of
IC 20-5-4-1.5, the following provisions apply to bonds issued under
IC 20-5-4-1.5, before December 2, 2000:
(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.
SOURCE: IC 20-49-4-0.3; (11)ES0490.2.342. -->
SECTION 342. IC 20-49-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. All agreements that are:
(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.
SOURCE: IC 20-49-4-0.4; (11)ES0490.2.343. -->
SECTION 343. IC 20-49-4-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. All agreements that are:
(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.
SOURCE: IC 21-11-1-7; (11)ES0490.2.344. -->
SECTION 344. IC 21-11-1-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7. (a) As used in this section,
"contract" refers to a contract or guarantee entered into by the
commission.
(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.
SOURCE: IC 21-13-4-0.2; (11)ES0490.2.345. -->
SECTION 345. IC 21-13-4-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. IC 20-12-74-7 (as amended
by P.L.52-2000, before its repeal, now codified at sections 2 and 3
of this chapter) applies to a student enrolled at a state educational
institution after July 31, 2000.
SOURCE: IC 21-14-4-0.2; (11)ES0490.2.346. -->
SECTION 346. IC 21-14-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) IC 20-12-19-1 (as added
by P.L.52-2000, before its repeal, now codified at section 1 of this
chapter) applies to a student enrolled at a state educational
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.
SOURCE: IC 21-14-6-0.2; (11)ES0490.2.347. -->
SECTION 347. IC 21-14-6-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) IC 20-12-19.5-1 (as
amended by P.L.52-2000, before its repeal, now codified at sections
1, 2, and 3 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.
SOURCE: IC 21-14-7-0.2; (11)ES0490.2.348. -->
SECTION 348. IC 21-14-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 20-12-19.7
(before its repeal, now codified in this chapter) by P.L.157-2005
applies to all individuals whose father, mother, or spouse:
(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.
SOURCE: IC 21-17-2-0.3; (11)ES0490.2.349. -->
SECTION 349. IC 21-17-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. After June 30, 1987, any
reference to the Indiana commission for postsecondary proprietary
education in any statute or rule shall be treated as a reference to
the commission.
SOURCE: IC 21-17-2-0.4; (11)ES0490.2.350. -->
SECTION 350. IC 21-17-2-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. A SECTION of P.L.218-1987
does not affect:
(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.
SOURCE: IC 21-19-3-0.3; (11)ES0490.2.351. -->
SECTION 351. IC 21-19-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by the
board of trustees before April 26, 1989, that would have been legal
under:
(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.
SOURCE: IC 21-20-3-0.3; (11)ES0490.2.352. -->
SECTION 352. IC 21-20-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by the
trustees before April 26, 1989, that would have been legal under:
(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.
SOURCE: IC 21-21-3-0.3; (11)ES0490.2.353. -->
SECTION 353. IC 21-21-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by the
board of trustees before April 26, 1989, that would have been legal
under:
(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.
SOURCE: IC 21-22-3-6; (11)ES0490.2.354. -->
SECTION 354. IC 21-22-3-6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 6. Not later than June 30, 2007,
Ivy Tech Community College shall enter into a lease, after review
by the budget committee and approval by the budget agency, with
the owners of the Fort Wayne Regional Public Safety Center to be
constructed after July 1, 2005, in the Southtown Community
Revitalization Enhancement District to use the Fort Wayne
Regional Public Safety Center to further its partnership with the
Northeast Indiana Workforce Investment Board, the Regional
Anthis Career Center, the Indiana National Guard, Indiana
University-Purdue University at Fort Wayne, and other area
institutions to allow the Fort Wayne Regional Public Safety Center
to offer public safety related degree programs. The lease may not
exceed a term that ends before July 1, 2022, or provide for a lease
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.
SOURCE: IC 21-23-3-0.3; (11)ES0490.2.355. -->
SECTION 355. IC 21-23-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by the
trustees before April 26, 1989, that would have been legal under:
(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.
SOURCE: IC 21-24-2.1; (11)ES0490.2.356. -->
SECTION 356. IC 21-24-2.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 21-24-3-0.3; (11)ES0490.2.357. -->
SECTION 357. IC 21-24-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Any action taken by the
board of trustees before April 26, 1989, that would have been legal
under:
(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.
SOURCE: IC 21-44-2-0.3; (11)ES0490.2.358. -->
SECTION 358. IC 21-44-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) After June 30, 1987, any
reference to the state anatomical board in any statute or rule is
considered a reference to the anatomical education program
operated under this article.
(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.
SOURCE: IC 22-1-1.7; (11)ES0490.2.359. -->
SECTION 359. IC 22-1-1.7 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 22-2-5-0.3; (11)ES0490.2.360. -->
SECTION 360. IC 22-2-5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The amendments made to
section 1 of this chapter by P.L.51-2007 apply to claims for wages
earned before, on, or after July 1, 2007.
(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.
SOURCE: IC 22-2-9-0.1; (11)ES0490.2.361. -->
SECTION 361. IC 22-2-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.165-2007 apply to wage claims filed
with the commissioner of labor after June 30, 2007.
SOURCE: IC 22-2-13-0.3; (11)ES0490.2.362. -->
SECTION 362. IC 22-2-13-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The addition of this chapter
by P.L.151-2007 does not excuse noncompliance with a provision
of a collective bargaining agreement or other employment benefit
program or plan in effect on July 1, 2007, that is not in substantial
conflict with this chapter, as added by P.L.151-2007. This chapter,
as added by P.L.151-2007, does not justify an employer reducing
employment benefits provided by the employer that exceed the
benefits required by this chapter, as added by P.L.151-2007.
SOURCE: IC 22-4-5-0.1; (11)ES0490.2.363. -->
SECTION 363. IC 22-4-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.138-2008 apply to initial claims for
unemployment filed for weeks that begin after March 14, 2008.
SOURCE: IC 22-4-11-0.1; (11)ES0490.2.364. -->
SECTION 364. IC 22-4-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.172-1991 apply to individuals who
file a disaster unemployment claim or a state unemployment
insurance claim after June 1, 1990, and before June 2, 1991, or
during a period to be determined by the general assembly.
SOURCE: IC 22-4-12-0.1; (11)ES0490.2.365. -->
SECTION 365. IC 22-4-12-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.172-1991 apply to individuals who
file a disaster unemployment claim or a state unemployment
insurance claim after June 1, 1990, and before June 2, 1991, or
during a period to be determined by the general assembly.
SOURCE: IC 22-4-14-0.1; (11)ES0490.2.366. -->
SECTION 366. IC 22-4-14-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.138-2008 apply to initial claims for
unemployment filed for weeks that begin after March 14, 2008.
SOURCE: IC 22-4-18-8; (11)ES0490.2.367. -->
SECTION 367. IC 22-4-18-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. (a) Employees of the office of
occupational development and the employment security division
who are employed on July 1, 1987, remain as employees of the
department of employment and training services created by
P.L.18-1987. These employees shall be considered employees
having permanent status for purposes of the state personnel act
(IC 4-15-2).
(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.
SOURCE: IC 22-5-5-0.1; (11)ES0490.2.368. -->
SECTION 368. IC 22-5-5-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The addition of this chapter
by P.L.11-1994 applies only to contracts entered into or renewed
after March 31, 1994.
SOURCE: IC 22-9-1-0.1; (11)ES0490.2.369. -->
SECTION 369. IC 22-9-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 6 of this chapter by P.L.14-1994 do not affect:
(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.
SOURCE: IC 22-9-8-0.1; (11)ES0490.2.370. -->
SECTION 370. IC 22-9-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.14-1994 affects final appealable orders issued by the
commission on or after July 1, 1994.
SOURCE: IC 22-9.5-11-0.1; (11)ES0490.2.371. -->
SECTION 371. IC 22-9.5-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.14-1994 affects final appealable orders issued by the
commission on or after July 1, 1994.
SOURCE: IC 22-10-1.7; (11)ES0490.2.372. -->
SECTION 372. IC 22-10-1.7 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 22-11-17-2.5; (11)ES0490.2.373. -->
SECTION 373. IC 22-11-17-2.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) A hospital
licensed under IC 12-25 or IC 16-21 or a health facility licensed under
IC 16-28 complies with section 2(a) of this chapter by meeting the
federal standards of certification for participation in a reimbursement
program under either of the following before, on, or after March 21,
1996:
(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.
SOURCE: IC 22-11-20-0.1; (11)ES0490.2.374. -->
SECTION 374. IC 22-11-20-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 6 of
this chapter by P.L.17-2001 applies only to offenses committed
after June 30, 2001.
SOURCE: IC 22-12-3-9; (11)ES0490.2.375. -->
SECTION 375. IC 22-12-3-9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 9. A variance from a rule adopted
by the board of firefighting personnel standards and education that
was granted by the board before July 1, 1996, is valid.
SOURCE: IC 22-14-3-0.1; (11)ES0490.2.376. -->
SECTION 376. IC 22-14-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.57-2008 apply to amusement and
entertainment permits issued after June 30, 2008.
SOURCE: IC 22-14-6-8; (11)ES0490.2.377. -->
SECTION 377. IC 22-14-6-8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 8. (a) Notwithstanding the repeal
of IC 22-14-5, the firefighting and emergency equipment revolving
loan fund established by IC 22-14-5-1 (before its repeal) remains
in existence after June 30, 2007, if any money remains in the fund
on June 30, 2007. Money that remains in the firefighting and
emergency equipment revolving loan fund on June 30, 2007, does
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).
SOURCE: IC 23-1-17.3; (11)ES0490.2.378. -->
SECTION 378. IC 23-1-17.3 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 23-7-8-0.1; (11)ES0490.2.379. -->
SECTION 379. IC 23-7-8-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The amendments made to
sections 1 and 8 of this chapter by P.L.24-1989 are clarifications
only and should not be construed as modifications of existing law.
SOURCE: IC 23-14-48-0.1; (11)ES0490.2.380. -->
SECTION 380. IC 23-14-48-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 9 of this chapter by P.L.113-2007 apply only to acts
committed after June 30, 2007.
SOURCE: IC 23-14-58.5-0.1; (11)ES0490.2.381. -->
SECTION 381. IC 23-14-58.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 5 of
this chapter by P.L.113-2007 applies only to acts committed after
June 30, 2007.
SOURCE: IC 23-16-2-0.2; (11)ES0490.2.382. -->
SECTION 382. IC 23-16-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The repeal of IC 23-4-2 by
P.L.147-1988 does not impair:
(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.
SOURCE: IC 23-17-1-0.2; (11)ES0490.2.383. -->
SECTION 383. IC 23-17-1-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) Except as provided in
subsection (b), the repeal of IC 23-7-1.1 by P.L.179-1991 does not
affect the following:
(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.
SOURCE: IC 23-19-1-0.2; (11)ES0490.2.384. -->
SECTION 384. IC 23-19-1-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 24-2-1-0.1; (11)ES0490.2.385. -->
SECTION 385. IC 24-2-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 24-3-6-12.3; (11)ES0490.2.386. -->
SECTION 386. IC 24-3-6-12.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12.3. Notwithstanding section
12(b)(2) of this chapter, as added by P.L.160-2005, a distributor is
not required to report the information required in section 12(b)(2)
of this chapter, as added by P.L.160-2005, until the later of the
following:
(1) When the attorney general becomes capable of receiving
the information reported in an electronic format.
(2) July 1, 2008.
SOURCE: IC 24-4-7-0.1; (11)ES0490.2.387. -->
SECTION 387. IC 24-4-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.238-1985 does not apply to contracts formed before
September 1, 1985.
SOURCE: IC 24-4-9-0.1; (11)ES0490.2.388. -->
SECTION 388. IC 24-4-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.232-1989 does not apply to rental agreements entered into
before July 1, 1989.
SOURCE: IC 24-4-16.4-0.1; (11)ES0490.2.389. -->
SECTION 389. IC 24-4-16.4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 4 of
this chapter by P.L.92-2008 applies to offenses committed after
June 30, 2008.
SOURCE: IC 24-4.5-3-0.1; (11)ES0490.2.390. -->
SECTION 390. IC 24-4.5-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 24-4.5-5-0.1; (11)ES0490.2.391. -->
SECTION 391. IC 24-4.5-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 203 of this chapter by P.L.181-1991 apply to causes of
action accruing after June 30, 1991.
SOURCE: IC 24-4.6-1-0.1; (11)ES0490.2.392. -->
SECTION 392. IC 24-4.6-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 24-4.7-5-0.1; (11)ES0490.2.393. -->
SECTION 393. IC 24-4.7-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.222-2005 apply only to a contract
entered into or renewed after July 1, 2005.
SOURCE: IC 24-5-0.5-0.1; (11)ES0490.2.394. -->
SECTION 394. IC 24-5-0.5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 24-5-7-0.1; (11)ES0490.2.395. -->
SECTION 395. IC 24-5-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 1, 2, 5, and 17 of this chapter by P.L.24-1989 are
clarifications only and should not be construed as modifications of
existing law.
SOURCE: IC 24-5-12-0.1; (11)ES0490.2.396. -->
SECTION 396. IC 24-5-12-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 24-5-13-0.1; (11)ES0490.2.397. -->
SECTION 397. IC 24-5-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.150-1988 does not apply to sales, leases, transfers, or
replacements made before February 29, 1988.
SOURCE: IC 24-5-13-9.3; (11)ES0490.2.398. -->
SECTION 398. IC 24-5-13-9.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 9.3. The disclosure required by
section 9 of this chapter, as added by P.L.150-1988, is not required
before July 1, 1988.
SOURCE: IC 24-7-1-0.1; (11)ES0490.2.399. -->
SECTION 399. IC 24-7-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this article by
P.L.254-1987 does not apply to rental purchase agreements
consummated before September 1, 1987.
SOURCE: IC 24-9-3-0.1; (11)ES0490.2.400. -->
SECTION 400. IC 24-9-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. Notwithstanding the addition
of this chapter and IC 24-9-4 by P.L.73-2004, a person is not
subject to a prohibition or requirement of this chapter and
IC 24-9-4, both as added by P.L.73-2004, with respect to a loan
made before January 1, 2005.
SOURCE: IC 24-9-4-0.1; (11)ES0490.2.401. -->
SECTION 401. IC 24-9-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. Notwithstanding the addition
of IC 24-9-3 and this chapter by P.L.73-2004, a person is not
subject to a prohibition or requirement of IC 24-9-3 and this
chapter, both as added by P.L.73-2004, with respect to a loan made
before January 1, 2005.
SOURCE: IC 24-9-5-4.1; (11)ES0490.2.402. -->
SECTION 402. IC 24-9-5-4.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.1. The general assembly intends
the amendment of section 4(c) of this chapter made by P.L.3-2005
to:
(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.
SOURCE: IC 25-1-0.1; (11)ES0490.2.403. -->
SECTION 403. IC 25-1-0.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 25-1-5-3.3; (11)ES0490.2.404. -->
SECTION 404. IC 25-1-5-3.3 IS ADDED TO THE INDIANA
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.
SOURCE: IC 25-1-12-1; (11)ES0490.2.405. -->
SECTION 405. IC 25-1-12-1, AS AMENDED BY P.L.2-2008,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) This chapter applies to an individual who:
(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.
SOURCE: IC 25-4-1-3.3; (11)ES0490.2.406. -->
SECTION 406. IC 25-4-1-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. The rules adopted by the
board of registration for architects before July 1, 2000, are
considered, after June 30, 2000, to be rules of the board of
registration for architects and landscape architects.
SOURCE: IC 25-22.5-5-4.7; (11)ES0490.2.407. -->
SECTION 407. IC 25-22.5-5-4.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4.7. Any action taken under
section 4.5 of this chapter (before its repeal) after June 30, 2008,
but before May 13, 2009, is legalized and validated.
SOURCE: IC 25-23-1-0.1; (11)ES0490.2.408. -->
SECTION 408. IC 25-23-1-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The amendments made to
this chapter by P.L.185-1993 shall not be construed to limit the
authority of a registered nurse to perform services that a
registered nurse was authorized to perform under this article
before April 30, 1993.
SOURCE: IC 25-23.6-5-16; (11)ES0490.2.409. -->
SECTION 409. IC 25-23.6-5-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16. If an individual is enrolled in
a master's or doctoral level program accredited by the Council on
Social Work Education not later than July 1, 1997:
(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.
SOURCE: IC 25-24-3-0.3; (11)ES0490.2.410. -->
SECTION 410. IC 25-24-3-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The rules adopted by the
optometric legend drug prescription advisory committee under
IC 25-26-15-13 (before its repeal by P.L.157-2006) before July 1,
2006, and in effect on June 30, 2006, shall be treated after June 30,
2006, as the rules of the Indiana optometry board under this
chapter, as added by P.L.157-2006.
SOURCE: IC 25-24-3-3; (11)ES0490.2.411. -->
SECTION 411. IC 25-24-3-3, AS ADDED BY P.L.157-2006,
SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) As used in this chapter, "board" means the
Indiana optometry board established by IC 25-24-1-1.
(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.
SOURCE: IC 26-1-1-0.2; (11)ES0490.2.412. -->
SECTION 412. IC 26-1-1-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. A transaction validly entered
into after July 1, 1964, and before January 1, 1986, which:
(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.
SOURCE: IC 26-1-1-0.3; (11)ES0490.2.413. -->
SECTION 413. IC 26-1-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A security interest, for the
perfection of which filing or the taking of possession was required
under this article, as effective on December 31, 1985, and which
attached before January 1, 1986, but was not perfected, is
considered perfected on January 1, 1986, if P.L.93-1985 permits
perfection without filing or authorizes filing in the office or offices
where a prior ineffective filing was made.
SOURCE: IC 26-1-1-0.4; (11)ES0490.2.414. -->
SECTION 414. IC 26-1-1-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. (a) A financing statement or
continuation statement filed before January 1, 1986, that has not
lapsed before January 1, 1986, remains effective for the period
provided in this article, as effective on December 31, 1985, but not
less than five (5) years after the filing.
(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.
SOURCE: IC 26-1-1-0.5; (11)ES0490.2.415. -->
SECTION 415. IC 26-1-1-0.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.5. (a) If a security interest is
perfected or has priority as of December 31, 1985, as to all persons
or as to certain persons without any filing or recording, and if the
filing of a financing statement would be required for the perfection
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.
SOURCE: IC 26-1-1-0.6; (11)ES0490.2.416. -->
SECTION 416. IC 26-1-1-0.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.6. Except as otherwise provided
in sections 0.2, 0.3, 0.4, and 0.5 of this chapter, this article, as
effective on December 31, 1985, applies to any questions of priority
if the positions of the parties were fixed before January 1, 1986. In
other cases, questions of priority shall be determined by this
article.
SOURCE: IC 26-1-8.1-0.1; (11)ES0490.2.417. -->
SECTION 417. IC 26-1-8.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.247-1995 does not affect an action or a proceeding
commenced before July 1, 1996.
SOURCE: IC 26-1-8.1-0.3; (11)ES0490.2.418. -->
SECTION 418. IC 26-1-8.1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. If a security interest in a
security is perfected before July 1, 1996, and the action by which
the security interest was perfected would suffice to perfect a
security interest under this chapter, as added by P.L.247-1995, no
further action is required to continue perfection. If a security
interest in a security is perfected on July 1, 1996, but the action by
which the security interest was perfected would not suffice to
perfect a security interest under this chapter, as added by
P.L.247-1995, the security interest remains perfected for a period
of four (4) months after the effective date and continues perfected
thereafter if appropriate action to perfect this chapter, as added by
P.L.247-1995, is taken within that period. If a security interest is
perfected on July 1, 1996, and the security interest can be perfected
by filing under this chapter, as added by P.L.247-1995, a financing
statement signed by the secured party instead of the debtor may be
filed within that period to continue perfection or thereafter to
perfect.
SOURCE: IC 26-2-9-0.2; (11)ES0490.2.419. -->
SECTION 419. IC 26-2-9-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 32-2-1.5
(before its repeal, now codified in this chapter) by P.L.275-1989
does not apply to credit agreements entered into before July 1,
1989.
SOURCE: IC 27-1-3.5-6.5; (11)ES0490.2.420. -->
SECTION 420. IC 27-1-3.5-6.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 6.5. Except as provided in this
chapter, a domestic insurer shall file the annual audited financial
reports required under this chapter for the calendar year ending
December 31, 1989, and for every calendar year after 1989.
SOURCE: IC 27-1-12-0.1; (11)ES0490.2.421. -->
SECTION 421. IC 27-1-12-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of sections 37,
38, 39, 40, 41, and 42 of this chapter by P.L.254-1985 applies to
insurance policies delivered in Indiana after December 31, 1985.
SOURCE: IC 27-1-12.5-0.1; (11)ES0490.2.422. -->
SECTION 422. IC 27-1-12.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 2 and 3 of this chapter by P.L.59-2004 apply to an annuity
contract issued after June 30, 2004.
SOURCE: IC 27-1-13-0.1; (11)ES0490.2.423. -->
SECTION 423. IC 27-1-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3.5 of this chapter by P.L.88-2000 apply to financial
statements filed by an insurer after December 31, 1999.
SOURCE: IC 27-1-15.7-0.1; (11)ES0490.2.424. -->
SECTION 424. IC 27-1-15.7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.60-2005 apply to renewal of an
insurance producer license after June 30, 2005.
SOURCE: IC 27-1-37.3-0.1; (11)ES0490.2.425. -->
SECTION 425. IC 27-1-37.3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.55-2008 applies to a health care contract that is entered
into, amended, or renewed after June 30, 2008.
SOURCE: IC 27-2-13-0.1; (11)ES0490.2.426. -->
SECTION 426. IC 27-2-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 5 of
this chapter by P.L.247-1989 applies only to insurance policies
issued or renewed after June 30, 1989.
SOURCE: IC 27-2-16-0.1; (11)ES0490.2.427. -->
SECTION 427. IC 27-2-16-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.193-1991 applies to policies first issued or renewed after
June 30, 1991.
SOURCE: IC 27-2-19-0.1; (11)ES0490.2.428. -->
SECTION 428. IC 27-2-19-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.187-1996 applies only to claims made or a cause of action
that arises after June 30, 1996.
SOURCE: IC 27-2-21-0.1; (11)ES0490.2.429. -->
SECTION 429. IC 27-2-21-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.201-2003 applies to a personal insurance policy:
(1) application that is submitted; or
(2) that is issued, delivered, amended, or renewed;
after December 31, 2003.
SOURCE: IC 27-4-1.5-0.1; (11)ES0490.2.430. -->
SECTION 430. IC 27-4-1.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.194-1991 applies to the repair of motor vehicles under
insurance policies issued or renewed after June 30, 1991.
SOURCE: IC 27-5.1-2-0.1; (11)ES0490.2.431. -->
SECTION 431. IC 27-5.1-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 8 of this chapter by P.L.137-2006 and P.L.162-2006 apply
only to taxable years beginning after December 31, 2005.
SOURCE: IC 27-6-8-0.1; (11)ES0490.2.432. -->
SECTION 432. IC 27-6-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 4 and 7 of this chapter by P.L.163-1988 apply to cases
involving an order of liquidation entered after June 30, 1988. For
cases involving an order of liquidation entered before July 1, 1988,
the laws that apply are sections 4 and 7 of this chapter, as in effect
before July 1, 1988, as if P.L.163-1988 had not been enacted.
SOURCE: IC 27-7-5-0.1; (11)ES0490.2.433. -->
SECTION 433. IC 27-7-5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 27-8-4-0.1; (11)ES0490.2.434. -->
SECTION 434. IC 27-8-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 9.5 of
this chapter by P.L.226-1993 applies to policies issued after June
30, 1993.
SOURCE: IC 27-8-5-0.1; (11)ES0490.2.435. -->
SECTION 435. IC 27-8-5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 27-8-5.6-0.1; (11)ES0490.2.436. -->
SECTION 436. IC 27-8-5.6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.189-1997 apply only to a policy or
contract of accident and sickness insurance that is issued or
renewed after June 30, 1997.
SOURCE: IC 27-8-6-0.1; (11)ES0490.2.437. -->
SECTION 437. IC 27-8-6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 4 of
this chapter by P.L.153-1990 applies to a group or an individual
policy or agreement providing comprehensive accident and health
benefits that is issued, entered into, or renewed after June 30, 1990.
SOURCE: IC 27-8-8-0.3; (11)ES0490.2.438. -->
SECTION 438. IC 27-8-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The association's coverage
obligations under this chapter with respect to a member insurer
that has a coverage date before March 28, 2006, are not affected by
changes made by P.L.193-2006.
(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.
SOURCE: IC 27-8-9-0.3; (11)ES0490.2.439. -->
SECTION 439. IC 27-8-9-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) The amendments made to
this chapter and the addition of IC 27-8-4-9.5 by P.L.226-1993 are
intended to be a restatement of section 8 of this chapter (before its
repeal).
(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.
SOURCE: IC 27-8-10-0.1; (11)ES0490.2.440. -->
SECTION 440. IC 27-8-10-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 27-8-11-0.1; (11)ES0490.2.441. -->
SECTION 441. IC 27-8-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 9 of
this chapter by P.L.74-2007 applies to an agreement between an
insurer and a provider that is entered into, amended, or renewed
on or after April 26, 2007.
SOURCE: IC 27-8-13-0.1; (11)ES0490.2.442. -->
SECTION 442. IC 27-8-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 10.1
of this chapter by P.L.195-1991 applies only to policies issued after
December 31, 1991.
SOURCE: IC 27-8-14-0.1; (11)ES0490.2.443. -->
SECTION 443. IC 27-8-14-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The addition of this
chapter and the amendments made to IC 13-1-2-11 (before its
repeal, now codified at IC 16-41-35-30) by P.L.119-1991 apply to
an insurance policy that is issued or renewed after June 30, 1991.
(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.
SOURCE: IC 27-8-14.1-0.1; (11)ES0490.2.444. -->
SECTION 444. IC 27-8-14.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.196-2005 apply to an accident and
sickness insurance policy that is issued, delivered, amended, or
renewed after June 30, 2005.
SOURCE: IC 27-8-14.5-0.1; (11)ES0490.2.445. -->
SECTION 445. IC 27-8-14.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.190-1997 applies to all health insurance plans issued or
renewed after December 31, 1997.
SOURCE: IC 27-8-14.7-0.1; (11)ES0490.2.446. -->
SECTION 446. IC 27-8-14.7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.170-1999 applies to accident and sickness insurance policies
that are issued, delivered, or renewed after June 30, 1999.
SOURCE: IC 27-8-15-0.1; (11)ES0490.2.447. -->
SECTION 447. IC 27-8-15-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 27-8-20-0.1; (11)ES0490.2.448. -->
SECTION 448. IC 27-8-20-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.277-1993(ss) applies to insurance policies or health
maintenance contracts that:
(1) are entered into or renewed with employers or individuals;
and
(2) become effective after June 30, 1993.
SOURCE: IC 27-8-24.1-0.1; (11)ES0490.2.449. -->
SECTION 449. IC 27-8-24.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.166-2003 applies to an accident and sickness insurance
policy that is issued, delivered, amended, or renewed after
December 31, 2003.
SOURCE: IC 27-8-24.2-0.1; (11)ES0490.2.450. -->
SECTION 450. IC 27-8-24.2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.109-2008 applies to a policy of accident and sickness
insurance that is issued, delivered, amended, or renewed after June
30, 2008.
SOURCE: IC 27-8-24.3-0.1; (11)ES0490.2.451. -->
SECTION 451. IC 27-8-24.3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.188-1996 applies only to an insurance policy or a health
plan issued, renewed, or entered into after June 30, 1996.
SOURCE: IC 27-8-26-0.1; (11)ES0490.2.452. -->
SECTION 452. IC 27-8-26-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.150-1997 applies to all applications and policies for accident
and sickness insurance delivered, issued for delivery, renewed, or
executed after December 31, 1997.
SOURCE: IC 27-8-31.2-0.1; (11)ES0490.2.453. -->
SECTION 453. IC 27-8-31.2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.251-2003 applies to a policy of accident and sickness
insurance that is issued, delivered, amended, or renewed after June
30, 2003.
SOURCE: IC 27-9-3-0.1; (11)ES0490.2.454. -->
SECTION 454. IC 27-9-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 40 of this chapter by P.L.185-1996 apply to and govern the
priority of the distribution of assets in any proceeding to liquidate
an insurer pending on, commenced on, or commenced after March
21, 1996.
SOURCE: IC 27-10-1-0.3; (11)ES0490.2.455. -->
SECTION 455. IC 27-10-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Licenses issued before
September 1, 1985, under IC 35-4-5 (before its repeal) remain valid
and may be renewed under this article, subject to this article.
SOURCE: IC 27-11-1-0.3; (11)ES0490.2.456. -->
SECTION 456. IC 27-11-1-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) Any incorporated society
authorized to transact business in Indiana under IC 27-1-14
(before its repeal) on December 31, 1985, is not required to
reincorporate under this article.
(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.
SOURCE: IC 27-13-7-0.1; (11)ES0490.2.457. -->
SECTION 457. IC 27-13-7-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 27-13-8-0.1; (11)ES0490.2.458. -->
SECTION 458. IC 27-13-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.133-1999 apply to external
grievances filed by enrollees after January 1, 2000.
SOURCE: IC 27-13-10.1-0.1; (11)ES0490.2.459. -->
SECTION 459. IC 27-13-10.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.133-1999 applies to grievances filed under IC 27-13-10-5
after January 1, 2000.
SOURCE: IC 27-13-15-0.1; (11)ES0490.2.460. -->
SECTION 460. IC 27-13-15-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The addition of section 4 of
this chapter by P.L.74-2007 applies to a contract between a health
maintenance organization and a participating provider that is
entered into, amended, or renewed on or after April 26, 2007.
SOURCE: IC 27-13-34-0.1; (11)ES0490.2.461. -->
SECTION 461. IC 27-13-34-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 12 of this chapter by P.L.69-1998 apply to contracts that
are entered into, renewed, or modified after June 30, 1998.
SOURCE: IC 27-13-37.5-0.1; (11)ES0490.2.462. -->
SECTION 462. IC 27-13-37.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. This chapter applies to an
individual contract or a group contract that is entered into,
delivered, amended, or renewed after June 30, 2003.
SOURCE: IC 27-14-1-1.1; (11)ES0490.2.463. -->
SECTION 463. IC 27-14-1-1.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1.1. (a) This article is intended to
enable mutual insurance companies to seek additional capital more
effectively to:
(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.
SOURCE: IC 28-7-1-0.1; (11)ES0490.2.464. -->
SECTION 464. IC 28-7-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 9(9) of this chapter by P.L.14-1992 apply to expenditures
made by credit unions after July 1, 1992, for buildings or other
office space.
SOURCE: IC 29-1-1-0.1; (11)ES0490.2.465. -->
SECTION 465. IC 29-1-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 9, 11, 12, and 20 of this chapter by P.L.118-1997 do not
apply to an individual whose death occurs before July 1, 1997.
SOURCE: IC 29-1-2-0.1; (11)ES0490.2.466. -->
SECTION 466. IC 29-1-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-3-0.1; (11)ES0490.2.467. -->
SECTION 467. IC 29-1-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-4-0.1; (11)ES0490.2.468. -->
SECTION 468. IC 29-1-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-6-0.1; (11)ES0490.2.469. -->
SECTION 469. IC 29-1-6-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. 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.
SOURCE: IC 29-1-7-0.1; (11)ES0490.2.470. -->
SECTION 470. IC 29-1-7-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-7.5-0.1; (11)ES0490.2.471. -->
SECTION 471. IC 29-1-7.5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-8-0.1; (11)ES0490.2.472. -->
SECTION 472. IC 29-1-8-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-8-3; (11)ES0490.2.473. -->
SECTION 473. IC 29-1-8-3, AS AMENDED BY P.L.95-2007,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) If it appears that the value of a decedent's
gross probate estate, less liens and encumbrances, does not exceed the
sum of:
(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.
SOURCE: IC 29-1-8-4; (11)ES0490.2.474. -->
SECTION 474. IC 29-1-8-4, AS AMENDED BY P.L.95-2007,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) Unless prohibited by order of the court and
except for estates being administered by supervised personal
representatives, a personal representative or a person acting on behalf
of the distributees may close an estate administered under the summary
procedures of section 3 of this chapter by filing with the court, at any
time after disbursement and distribution of the estate, a verified
statement stating that:
(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.
SOURCE: IC 29-1-9-0.1; (11)ES0490.2.475. -->
SECTION 475. IC 29-1-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.118-1997 do not apply to an
individual whose death occurs before July 1, 1997.
SOURCE: IC 29-1-10-0.1; (11)ES0490.2.476. -->
SECTION 476. IC 29-1-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. 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.
SOURCE: IC 29-1-14-0.1; (11)ES0490.2.477. -->
SECTION 477. IC 29-1-14-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-1-16-0.1; (11)ES0490.2.478. -->
SECTION 478. IC 29-1-16-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-2-12-0.1; (11)ES0490.2.479. -->
SECTION 479. IC 29-2-12-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-3-2-0.1; (11)ES0490.2.480. -->
SECTION 480. IC 29-3-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 29-3-2-0.2; (11)ES0490.2.481. -->
SECTION 481. IC 29-3-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) As used in this section,
"affected statutes" refers to the following:
(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.
SOURCE: IC 30-2-9-0.1; (11)ES0490.2.482. -->
SECTION 482. IC 30-2-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 7 of this chapter by P.L.113-2007 apply only to acts
committed after June 30, 2007.
SOURCE: IC 30-2-10-0.1; (11)ES0490.2.483. -->
SECTION 483. IC 30-2-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 9 of this chapter by P.L.113-2007 apply only to acts
committed after June 30, 2007.
SOURCE: IC 30-2-12-0.5; (11)ES0490.2.484. -->
SECTION 484. IC 30-2-12-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. This chapter applies to gift
instruments, whenever executed or in effect.
SOURCE: IC 30-2-13-0.1; (11)ES0490.2.485. -->
SECTION 485. IC 30-2-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 38 of this chapter by P.L.143-2009 apply only to crimes
committed after June 30, 2009.
SOURCE: IC 30-2-14-0.1; (11)ES0490.2.486. -->
SECTION 486. IC 30-2-14-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) This chapter applies to
every trust or decedent's estate existing on or created after
January 1, 2003, except as otherwise expressly provided:
(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.
SOURCE: IC 31-9-2-0.2; (11)ES0490.2.487. -->
SECTION 487. IC 31-9-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-1-11.5-11(a) (before its repeal, now codified at section 46 of
this chapter) by P.L.170-1988 do not apply to actions filed under
IC 31-1-11.5-3 (before its repeal, now codified at IC 31-15-2-2,
IC 31-15-2-3, and IC 31-16-2-2) that are filed before July 1, 1988.
SOURCE: IC 31-11-0.1; (11)ES0490.2.488. -->
SECTION 488. IC 31-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 31-11-4-0.2; (11)ES0490.2.489. -->
SECTION 489. IC 31-11-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of
IC 31-7-3-15.5 (before its repeal, now codified at section 17 of this
chapter) by P.L.143-1994 applies to marriages performed before,
on, and after March 8, 1994.
SOURCE: IC 31-11-4-0.3; (11)ES0490.2.490. -->
SECTION 490. IC 31-11-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) If before March 8, 1994:
(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.
SOURCE: IC 31-11-4-0.4; (11)ES0490.2.491. -->
SECTION 491. IC 31-11-4-0.4 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.4. A marriage solemnized under
the legal authority of a license that:
(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.
SOURCE: IC 31-11-8-0.3; (11)ES0490.2.492. -->
SECTION 492. IC 31-11-8-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Marriages between first
cousins that were solemnized before April 9, 1907, are legalized.
SOURCE: IC 31-11-10-0.3; (11)ES0490.2.493. -->
SECTION 493. IC 31-11-10-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A judgment for annulment of
marriage that was:
(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.
SOURCE: IC 31-14-1-2; (11)ES0490.2.494. -->
SECTION 494. IC 31-14-1-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. A determination of paternity
or related order that:
(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.
SOURCE: IC 31-14-6-0.1; (11)ES0490.2.495. -->
SECTION 495. IC 31-14-6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.44-2003 do not negate a court order
entered before July 1, 2003, requiring an individual found to be the
biological father of a child to reimburse the state or a political
subdivision for the costs of genetic testing.
SOURCE: IC 31-14-11-0.2; (11)ES0490.2.496. -->
SECTION 496. IC 31-14-11-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 31-14-14-0.2; (11)ES0490.2.497. -->
SECTION 497. IC 31-14-14-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-6-6.1-12 (before its repeal, now codified in this chapter) by
P.L.270-1989 apply to adoptions in which a final order is issued by
a trial court after May 5, 1989.
SOURCE: IC 31-15-7-0.2; (11)ES0490.2.498. -->
SECTION 498. IC 31-15-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The rebuttable presumption
established under IC 31-1-11.5-11(c) (before its repeal, now
codified at section 5 of this chapter), as amended by P.L.283-1987,
does not apply to the division of marital property in actions for
marriage dissolution filed before September 1, 1987.
SOURCE: IC 31-15-7-0.3; (11)ES0490.2.499. -->
SECTION 499. IC 31-15-7-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The general assembly:
(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).
SOURCE: IC 31-16-9-0.3; (11)ES0490.2.500. -->
SECTION 500. IC 31-16-9-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. An employer who makes a
deduction from an employee's wages, in accordance with an
assignment of wages for the payment of child support ordered by
the court before September 1, 1985, under IC 31-1-11.5-13 (before
its repeal, now codified in this chapter and at IC 31-16-12), may
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.
SOURCE: IC 31-16-12-0.3; (11)ES0490.2.501. -->
SECTION 501. IC 31-16-12-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. (a) It is the intent of the
general assembly to make contempt and all other remedies for the
enforcement of a child support order available to assist in the
enforcement of a child support order regardless of whether the
child for whom the child support was ordered is emancipated. For
this purpose, the general assembly is establishing a procedure for
the enforcement of a child support arrearage through an order
directing a person to pay a child support arrearage.
(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.
SOURCE: IC 31-17-5-0.2; (11)ES0490.2.502. -->
SECTION 502. IC 31-17-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-1-11.7-2 (before its repeal, now codified at sections 1, 8, 9,
and 10 of this chapter) by P.L.293-1987 apply to the visitation
rights of grandparents who have been granted visitation rights
before September 1, 1985.
SOURCE: IC 31-17-5-0.3; (11)ES0490.2.503. -->
SECTION 503. IC 31-17-5-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The amendments made to
IC 31-1-11.7-2, IC 31-1-11.7-3, and IC 31-1-11.7-6 (before their
repeal, now codified in this chapter) by P.L.270-1989 apply to
adoptions in which a final order is issued by a trial court after May
5, 1989.
SOURCE: IC 31-19-9-0.2; (11)ES0490.2.504. -->
SECTION 504. IC 31-19-9-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-3-1-6 (before its repeal, now codified in IC 31-19-2,
IC 31-19-4, this chapter, and IC 31-19-10) by P.L.293-1987 apply
to a petition for adoption, except for a petition on which an
adoption decree has been entered before May 4, 1987.
SOURCE: IC 31-19-26.5-0.2; (11)ES0490.2.505. -->
SECTION 505. IC 31-19-26.5-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The amendments made to
IC 31-3-1-4 and IC 31-3-3-2 (before their repeal) by P.L.98-1990
apply to a petition for adoption that:
(1) seeks the payment of a subsidy; and
(2) is filed after June 30, 1990.
SOURCE: IC 31-26-4-2.3; (11)ES0490.2.506. -->
SECTION 506. IC 31-26-4-2.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2.3. (a) After June 30, 2003, any
reference in a statute or rule referring to the Indiana children's
trust fund board is considered a reference to the board.
(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.
SOURCE: IC 31-27-1-2; (11)ES0490.2.507. -->
SECTION 507. IC 31-27-1-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. Any license issued to a foster
home, day care home, day care center, child caring institution, or
children's home that:
(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.
SOURCE: IC 31-30-1-0.1; (11)ES0490.2.508. -->
SECTION 508. IC 31-30-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 31-30-1-0.2; (11)ES0490.2.509. -->
SECTION 509. IC 31-30-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-6-2-1.1 (before its repeal, now codified in this chapter) by
P.L.140-1994 apply to crimes committed after June 30, 1994.
SOURCE: IC 31-30-1-0.3; (11)ES0490.2.510. -->
SECTION 510. IC 31-30-1-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. On July 1, 2001, all
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.
SOURCE: IC 31-30-2-0.1; (11)ES0490.2.511. -->
SECTION 511. IC 31-30-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. 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.
SOURCE: IC 31-34-1-0.1; (11)ES0490.2.512. -->
SECTION 512. IC 31-34-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.17-2001 apply only to offenses
committed after June 30, 2001.
SOURCE: IC 31-34-2.3-0.1; (11)ES0490.2.513. -->
SECTION 513. IC 31-34-2.3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of sections 6 and
7 of this chapter by P.L.52-2007 applies only to offenses committed
after June 30, 2007.
SOURCE: IC 31-34-4-0.2; (11)ES0490.2.514. -->
SECTION 514. IC 31-34-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 31-6-4-6.1
(before its repeal, now codified at section 6 of this chapter) by
P.L.140-1994 applies to crimes committed after June 30, 1994.
SOURCE: IC 31-34-21-0.1; (11)ES0490.2.515. -->
SECTION 515. IC 31-34-21-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 7.7 of
this chapter by P.L.217-2001 applies 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.
SOURCE: IC 31-34-21-0.2; (11)ES0490.2.516. -->
SECTION 516. IC 31-34-21-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. At a child's first periodic case
review occurring after June 30, 1998, the county office of family
and children is required to advise the child's parent, guardian, or
custodian in writing that a petition to terminate the parent-child
relationship must be filed with respect to the child after June 30,
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.
SOURCE: IC 31-40-1-0.2; (11)ES0490.2.517. -->
SECTION 517. IC 31-40-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 31-6-4-18 (before its repeal, now codified in this chapter) by
P.L.270-1995 apply only to services provided or fees imposed after
May 3, 1995.
SOURCE: IC 32-17-14-0.2; (11)ES0490.2.518. -->
SECTION 518. IC 32-17-14-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 32-4-1.6
("Uniform Act on Transfer on Death Securities" before its repeal,
codified at IC 32-17-9, before its repeal) does not apply to an
individual whose death occurs before July 1, 1997.
SOURCE: IC 32-17.5-1-0.2; (11)ES0490.2.519. -->
SECTION 519. IC 32-17.5-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 32-3-2-1, IC 32-3-2-3, IC 32-3-2-4, IC 32-3-2-5, and IC 32-3-2-6
concerning disclaimer of interests (before their repeal, codified at
IC 32-17-7, before its repeal) by P.L.276-1989 do not apply to
disclaimers that are effective before July 1, 1989.
SOURCE: IC 32-18-2-0.2; (11)ES0490.2.520. -->
SECTION 520. IC 32-18-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. To the extent applicable, the
following statutes (before their repeal by P.L.144-1994) apply to a
transfer made or an obligation incurred before July 1, 1994:
(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.
SOURCE: IC 32-20-3-0.1; (11)ES0490.2.521. -->
SECTION 521. IC 32-20-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 of this chapter by P.L.18-2008 apply only to
determinations of marketable record title after June 30, 2008.
SOURCE: IC 32-20-3-2; (11)ES0490.2.522. -->
SECTION 522. IC 32-20-3-2, AS AMENDED BY P.L.18-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. Marketable record title is subject to the
following:
(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.
SOURCE: IC 32-28-3-0.2; (11)ES0490.2.523. -->
SECTION 523. IC 32-28-3-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 32-28-12-0.2; (11)ES0490.2.524. -->
SECTION 524. IC 32-28-12-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 32-8-24-2 (before its repeal, now codified at section 2 of this
chapter) by P.L.235-1993:
(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.
SOURCE: IC 32-29-1-0.2; (11)ES0490.2.525. -->
SECTION 525. IC 32-29-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 32-8-11-9
(before its repeal, now codified at section 10 of this chapter) by
P.L.157-1990 applies to a mortgage lien created after June 30,
1990.
SOURCE: IC 32-29-7-0.2; (11)ES0490.2.526. -->
SECTION 526. IC 32-29-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 32-8-16-1 (before its repeal, now codified at section 3 of this
chapter) by P.L.276-1995 do not apply to a complaint asking for
foreclosure that is filed before July 1, 1995.
(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.
SOURCE: IC 32-30-1-0.1; (11)ES0490.2.527. -->
SECTION 527. IC 32-30-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.79-2005 apply only to a cause of
action accruing after June 30, 2005.
SOURCE: IC 32-30-10-0.2; (11)ES0490.2.528. -->
SECTION 528. IC 32-30-10-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The:
(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.
SOURCE: IC 32-34-10-0.2; (11)ES0490.2.529. -->
SECTION 529. IC 32-34-10-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 32-8-40
(before its repeal, now codified in this chapter) by P.L.110-2001
applies to all watercraft located on the property of a marina after
January 1, 2001.
SOURCE: IC 32-36-1-0.2; (11)ES0490.2.530. -->
SECTION 530. IC 32-36-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 32-13-1-8 (before its repeal, now codified at section 8 of this
chapter) by P.L.54-2001 apply only to written consents obtained
after July 1, 2001.
SOURCE: IC 33-26-6-0.2; (11)ES0490.2.531. -->
SECTION 531. IC 33-26-6-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) Notwithstanding
IC 33-3-5-2, as amended by P.L.198-2001 (before its repeal, now
codified in this chapter), the tax court has exclusive jurisdiction
over any case that arises under the tax laws of this state and that
is an initial appeal initiated after December 31, 2001, of a final
determination made by the department of local government
finance if the following apply:
(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.
SOURCE: IC 33-33-6-0.2; (11)ES0490.2.532. -->
SECTION 532. IC 33-33-6-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 33-5-9-5 (before its repeal, now codified at section 7 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.
SOURCE: IC 33-33-32-0.2; (11)ES0490.2.533. -->
SECTION 533. IC 33-33-32-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 33-5-25-5 (before its repeal, now codified at section 8 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.
SOURCE: IC 33-33-36-3.5; (11)ES0490.2.534. -->
SECTION 534. IC 33-33-36-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.5. (a) The Jackson superior
court is not expanded to two (2) judges until January 1, 2008.
(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.
SOURCE: IC 33-33-49-13.5; (11)ES0490.2.535. -->
SECTION 535. IC 33-33-49-13.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 13.5. (a) The municipal court
judge:
(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.
SOURCE: IC 33-34-8-0.2; (11)ES0490.2.536. -->
SECTION 536. IC 33-34-8-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 33-11.6-4-15 (before its repeal, now codified at section 1 of this
chapter) by P.L.141-2002 apply only to small claims actions
initiated after June 30, 2002.
SOURCE: IC 33-37-4-0.1; (11)ES0490.2.537. -->
SECTION 537. IC 33-37-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 4 and 6 of this chapter by P.L.174-2006 apply only to cases
filed after June 30, 2006.
SOURCE: IC 33-37-5-0.1; (11)ES0490.2.538. -->
SECTION 538. IC 33-37-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 15 and 28 of this chapter by P.L.174-2006 apply only to
cases filed after June 30, 2006.
SOURCE: IC 33-37-5-0.2; (11)ES0490.2.539. -->
SECTION 539. IC 33-37-5-0.2 IS ADDED TO THE INDIANA
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.
SOURCE: IC 33-38-5-0.1; (11)ES0490.2.540. -->
SECTION 540. IC 33-38-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 6 and 8 of this chapter by P.L.159-2005 apply only to
increase the part of an annual salary payable after June 30, 2005.
SOURCE: IC 33-38-6.9; (11)ES0490.2.541. -->
SECTION 541. IC 33-38-6.9 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 33-38-7-0.2; (11)ES0490.2.542. -->
SECTION 542. IC 33-38-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) As used in this section,
"prior law" refers to IC 33-13-9.1 (before its repeal).
(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.
SOURCE: IC 33-39-7-0.1; (11)ES0490.2.543. -->
SECTION 543. IC 33-39-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 15, 16, and 19 of this chapter by P.L.33-2006 apply to a
participant in the fund who:
(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.
SOURCE: IC 33-41-3-0.2; (11)ES0490.2.544. -->
SECTION 544. IC 33-41-3-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The addition of IC 33-15-27
(before its repeal, now codified in this chapter) by P.L.104-1999
applies only to a deposition taken after December 31, 1999.
SOURCE: IC 33-42-2-0.1; (11)ES0490.2.545. -->
SECTION 545. IC 33-42-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 10 of this chapter by P.L.85-2007 apply only to crimes
committed after June 30, 2007.
SOURCE: IC 34-9-3-0.2; (11)ES0490.2.546. -->
SECTION 546. IC 34-9-3-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-1-1-1 (before its repeal, now codified in this chapter) by
P.L.94-1989 do not apply to causes of action that accrue before
July 1, 1989.
SOURCE: IC 34-11-8-0.2; (11)ES0490.2.547. -->
SECTION 547. IC 34-11-8-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-1-2-8 (before its repeal, now codified at section 1 of this
chapter) apply to causes of action that fail after June 30, 1993.
SOURCE: IC 34-12-3-0.1; (11)ES0490.2.548. -->
SECTION 548. IC 34-12-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.19-2001 applies only to actions filed after April 18, 2001.
SOURCE: IC 34-13-1-0.2; (11)ES0490.2.549. -->
SECTION 549. IC 34-13-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 34-4-16-6 (before its repeal, now codified at section 6 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.
(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.
SOURCE: IC 34-13-3-0.1; (11)ES0490.2.550. -->
SECTION 550. IC 34-13-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 34-13-3-0.2; (11)ES0490.2.551. -->
SECTION 551. IC 34-13-3-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 34-4-16.5-17 (before its repeal, now codified at section 18 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.
(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.
SOURCE: IC 34-18-1-2; (11)ES0490.2.552. -->
SECTION 552. IC 34-18-1-2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The addition of
IC 16-9.5-2-2.1, IC 16-9.5-2-2.2, IC 16-9.5-2-2.3, and
IC 16-9.5-2-2.4 (before their repeal) by P.L.179-1985 does not
apply to medical malpractice claims initiated through the filing of
a proposed complaint under IC 16-9.5-9-1 (before its repeal) before
June 1, 1985.
(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.
SOURCE: IC 34-20-5-0.2; (11)ES0490.2.553. -->
SECTION 553. IC 34-20-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of
IC 33-1-1.5-4.5 (before its repeal, now codified at section 1 of this
chapter) by P.L.278-1995 applies to a cause of action that accrues
after June 30, 1995.
SOURCE: IC 34-20-7-0.2; (11)ES0490.2.554. -->
SECTION 554. IC 34-20-7-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 33-1-1.5-9
(before its repeal, now codified at section 1 of this chapter) by
P.L.278-1995 applies to a cause of action that accrues after June
30, 1995.
SOURCE: IC 34-20-8-0.2; (11)ES0490.2.555. -->
SECTION 555. IC 34-20-8-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The addition of
IC 33-1-1.5-10 (before its repeal, now codified at section 1 of this
chapter) by P.L.278-1995 applies to a cause of action that accrues
after June 30, 1995.
SOURCE: IC 34-23-1-0.1; (11)ES0490.2.556. -->
SECTION 556. IC 34-23-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 2 of
this chapter by P.L.84-1999 applies only to a cause of action that
accrues after December 31, 1999.
SOURCE: IC 34-23-2-0.1; (11)ES0490.2.557. -->
SECTION 557. IC 34-23-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.129-2009 apply only to a cause of
action that accrues after June 30, 2009.
SOURCE: IC 34-23-2-0.2; (11)ES0490.2.558. -->
SECTION 558. IC 34-23-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-1-1-8 (before its repeal, now codified at section 1 of this
chapter) by P.L.306-1987 do not apply to causes of action that
accrue before May 8, 1987.
SOURCE: IC 34-24-1-0.1; (11)ES0490.2.559. -->
SECTION 559. IC 34-24-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1(a)(10) of this chapter by P.L.3-2002 apply only to offenses
committed under IC 35-42-4-4, as amended by P.L.3-2002, after
June 30, 2002.
SOURCE: IC 34-24-3-0.2; (11)ES0490.2.560. -->
SECTION 560. IC 34-24-3-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-30-3
(before its repeal, now codified at section 4 of this chapter) by
P.L.316-1987 does not apply to a cause of action accruing before
April 27, 1987.
SOURCE: IC 34-24-4-0.3; (11)ES0490.2.561. -->
SECTION 561. IC 34-24-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. The statute of limitations
under this chapter (or IC 34-1-70 before its repeal) for a claim
based on participation in the illegal drug market that occurred
before July 1, 1997, does not begin to run until July 1, 1997.
SOURCE: IC 34-28-5-0.2; (11)ES0490.2.562. -->
SECTION 562. IC 34-28-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-4-32-1 (before its repeal, now codified at section 1 of this
chapter) by P.L.309-1985 do not apply to violations occurring
before April 9, 1985.
SOURCE: IC 34-30-3-0.1; (11)ES0490.2.563. -->
SECTION 563. IC 34-30-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 2 of
this chapter by P.L.17-2001 applies only to a cause of action that
accrues after June 30, 2001. The enactment of section 2 of this
chapter by P.L.17-2001 may not be considered in determining
liability for a cause of action that accrues before July 1, 2001.
SOURCE: IC 34-30-5-0.2; (11)ES0490.2.564. -->
SECTION 564. IC 34-30-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-4-12.5-1 and IC 34-4-13.5-2 (before their repeal, now
codified at section 1 of this chapter and at IC 34-6-2) by
P.L.144-1991 apply only to a gift of a food item made after June 30,
1991.
SOURCE: IC 34-30-9-0.2; (11)ES0490.2.565. -->
SECTION 565. IC 34-30-9-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The addition of
IC 34-4-16.9 (before its repeal, now codified in this chapter) by
P.L.7-1993 is intended to be a restatement of IC 4-16-3 (before its
repeal).
(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.
SOURCE: IC 34-30-13-0.1; (11)ES0490.2.566. -->
SECTION 566. IC 34-30-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.116-2005 apply to a cause of action
that arises after June 30, 2005.
SOURCE: IC 34-30-10.5-0.1; (11)ES0490.2.567. -->
SECTION 567. IC 34-30-10.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.95-2001 applies only to donations made after June 30, 2001.
SOURCE: IC 34-30-19-0.2; (11)ES0490.2.568. -->
SECTION 568. IC 34-30-19-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The addition of IC 34-4-11.8
(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.
SOURCE: IC 34-30-23-0.1; (11)ES0490.2.569. -->
SECTION 569. IC 34-30-23-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.77-2006 does not apply to a cause of action that accrues
before July 1, 2006.
SOURCE: IC 34-31-4-0.2; (11)ES0490.2.570. -->
SECTION 570. IC 34-31-4-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The amendments made to
IC 34-4-31-1 (before its repeal, now codified in this chapter) by
P.L.208-1997 apply to a cause of action that accrues after June 30,
1997.
SOURCE: IC 34-31-6-0.2; (11)ES0490.2.571. -->
SECTION 571. IC 34-31-6-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-43
(before its repeal, now codified in this chapter) by P.L.241-1993
applies only to a cause of action that accrues after April 30, 1993.
SOURCE: IC 34-31-7-0.1; (11)ES0490.2.572. -->
SECTION 572. IC 34-31-7-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.149-2005 applies only to a cause of action that accrues after
June 30, 2005.
SOURCE: IC 34-44-1-0.2; (11)ES0490.2.573. -->
SECTION 573. IC 34-44-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-36
(before its repeal, now codified in this chapter) by P.L.196-1986
does not apply to civil actions accruing before January 1, 1987.
SOURCE: IC 34-45-2-0.1; (11)ES0490.2.574. -->
SECTION 574. IC 34-45-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. 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.
SOURCE: IC 34-50-1-0.2; (11)ES0490.2.575. -->
SECTION 575. IC 34-50-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-44.6
(before its repeal, now codified in this chapter) by P.L.278-1995
applies to a cause of action that accrues after June 30, 1995.
SOURCE: IC 34-51-3-0.2; (11)ES0490.2.576. -->
SECTION 576. IC 34-51-3-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. The addition of IC 34-4-34-3,
IC 34-4-34-4, IC 34-4-34-5, and IC 34-4-34-6 (before their repeal,
now codified in this chapter) by P.L.278-1995 applies to a cause of
action that accrues after June 30, 1995.
SOURCE: IC 34-51-5-0.2; (11)ES0490.2.577. -->
SECTION 577. IC 34-51-5-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-35-1
(before its repeal, now codified in section 1 of this chapter) by
P.L.201-1986 does not apply to actions accruing before September
1, 1986.
SOURCE: IC 34-52-2-0.2; (11)ES0490.2.578. -->
SECTION 578. IC 34-52-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-2-36
(before its repeal, now codified in this chapter) by P.L.196-1986
does not apply to civil actions accruing before January 1, 1987.
SOURCE: IC 34-53-1-0.2; (11)ES0490.2.579. -->
SECTION 579. IC 34-53-1-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 34-4-39
(before its repeal, later codified in IC 34-4-41 and now in this
chapter) by P.L.212-1991 only applies to settlements reached and
judgments entered after July 1, 1991.
SOURCE: IC 34-54-8-0.2; (11)ES0490.2.580. -->
SECTION 580. IC 34-54-8-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 34-2-22-1 (before its repeal, now codified in 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.
(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.
SOURCE: IC 34-55-10-0.2; (11)ES0490.2.581. -->
SECTION 581. IC 34-55-10-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. (a) The amendments made to
IC 34-2-28 (before its repeal, now codified in this chapter) by
P.L.182-1986 do not apply to causes of action in tort that accrue
before September 1, 1986.
(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.
SOURCE: IC 34-58-0.1; (11)ES0490.2.582. -->
SECTION 582. IC 34-58-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Chapter 0.1. Application
Sec. 1. This article applies to a cause of action filed after June
30, 2004.
SOURCE: IC 35-33-1-0.1; (11)ES0490.2.583. -->
SECTION 583. IC 35-33-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.140-1994 apply to crimes
committed after June 30, 1994.
SOURCE: IC 35-33-5-0.1; (11)ES0490.2.584. -->
SECTION 584. IC 35-33-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.17-2001 apply to all actions of a law
enforcement agency taken after June 30, 2001.
SOURCE: IC 35-33-8-0.1; (11)ES0490.2.585. -->
SECTION 585. IC 35-33-8-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-38-1-0.1; (11)ES0490.2.586. -->
SECTION 586. IC 35-38-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-38-2-0.1; (11)ES0490.2.587. -->
SECTION 587. IC 35-38-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-38-2-0.2; (11)ES0490.2.588. -->
SECTION 588. IC 35-38-2-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The following statutes, as
added or amended by P.L.277-2003, apply only to individuals who
are placed on probation after June 30, 2003:
(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.
SOURCE: IC 35-38-2.6-0.1; (11)ES0490.2.589. -->
SECTION 589. IC 35-38-2.6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.17-2001 shall not be construed to
reduce or invalidate a sentence imposed before July 1, 2001.
SOURCE: IC 35-41-1-0.1; (11)ES0490.2.590. -->
SECTION 590. IC 35-41-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-41-4-0.1; (11)ES0490.2.591. -->
SECTION 591. IC 35-41-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-42-1-0.1; (11)ES0490.2.592. -->
SECTION 592. IC 35-42-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-42-2-0.1; (11)ES0490.2.593. -->
SECTION 593. IC 35-42-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-42-3-0.1; (11)ES0490.2.594. -->
SECTION 594. IC 35-42-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-42-4-0.1; (11)ES0490.2.595. -->
SECTION 595. IC 35-42-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-43-1-0.1; (11)ES0490.2.596. -->
SECTION 596. IC 35-43-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-43-2-0.1; (11)ES0490.2.597. -->
SECTION 597. IC 35-43-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-43-4-0.1; (11)ES0490.2.598. -->
SECTION 598. IC 35-43-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-43-5-0.1; (11)ES0490.2.599. -->
SECTION 599. IC 35-43-5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-44-1-0.1; (11)ES0490.2.600. -->
SECTION 600. IC 35-44-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-44-2-0.1; (11)ES0490.2.601. -->
SECTION 601. IC 35-44-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-44-3-0.1; (11)ES0490.2.602. -->
SECTION 602. IC 35-44-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-1-0.1; (11)ES0490.2.603. -->
SECTION 603. IC 35-45-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-2-0.1; (11)ES0490.2.604. -->
SECTION 604. IC 35-45-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-4-0.1; (11)ES0490.2.605. -->
SECTION 605. IC 35-45-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-5-0.1; (11)ES0490.2.606. -->
SECTION 606. IC 35-45-5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-6-0.1; (11)ES0490.2.607. -->
SECTION 607. IC 35-45-6-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-45-9-0.1; (11)ES0490.2.608. -->
SECTION 608. IC 35-45-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.140-1994 apply to crimes
committed after June 30, 1994.
SOURCE: IC 35-45-10-0.1; (11)ES0490.2.609. -->
SECTION 609. IC 35-45-10-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.280-2001 apply only to offenses
committed after May 11, 2001.
SOURCE: IC 35-45-15-0.1; (11)ES0490.2.610. -->
SECTION 610. IC 35-45-15-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 35-45-16-0.1; (11)ES0490.2.611. -->
SECTION 611. IC 35-45-16-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.88-2002 applies only to crimes committed after June 30,
2002.
SOURCE: IC 35-45-17-0.1; (11)ES0490.2.612. -->
SECTION 612. IC 35-45-17-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 2 of
this chapter by P.L.140-2005 applies only to crimes committed
after June 30, 2005.
SOURCE: IC 35-45-18-0.1; (11)ES0490.2.613. -->
SECTION 613. IC 35-45-18-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of sections 2 and
3 of this chapter by P.L.112-2007 applies only to crimes committed
after June 30, 2007.
SOURCE: IC 35-45-19-0.1; (11)ES0490.2.614. -->
SECTION 614. IC 35-45-19-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 3 of
this chapter by P.L.68-2008 applies only to offenses committed
after June 30, 2008.
SOURCE: IC 35-46-1-0.1; (11)ES0490.2.615. -->
SECTION 615. IC 35-46-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-46-3-0.1; (11)ES0490.2.616. -->
SECTION 616. IC 35-46-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-46-8-0.1; (11)ES0490.2.617. -->
SECTION 617. IC 35-46-8-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.94-2005 applies only to crimes committed after June 30,
2005.
SOURCE: IC 35-47-2-0.1; (11)ES0490.2.618. -->
SECTION 618. IC 35-47-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 3, 5, 7, and 23 of this chapter by P.L.140-1994 apply to
crimes committed after June 30, 1994.
SOURCE: IC 35-47-2.5-0.1; (11)ES0490.2.619. -->
SECTION 619. IC 35-47-2.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 12 of this chapter by P.L.190-2006 apply only to crimes
committed after June 30, 2006.
SOURCE: IC 35-47-4-0.1; (11)ES0490.2.620. -->
SECTION 620. IC 35-47-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-47-4.5-0.1; (11)ES0490.2.621. -->
SECTION 621. IC 35-47-4.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 4 of this chapter by P.L.232-2003 apply only to offenses
committed after June 30, 2003.
SOURCE: IC 35-47-5-0.1; (11)ES0490.2.622. -->
SECTION 622. IC 35-47-5-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The addition of section 2.5 of
this chapter by P.L.72-2006 applies only to crimes committed after
June 30, 2006.
SOURCE: IC 35-47-6-0.1; (11)ES0490.2.623. -->
SECTION 623. IC 35-47-6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 1.1 of
this chapter by P.L.50-2005 applies only to offenses committed
after June 30, 2005.
SOURCE: IC 35-47-9-0.1; (11)ES0490.2.624. -->
SECTION 624. IC 35-47-9-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of this chapter
by P.L.140-1994 applies to crimes committed after June 30, 1994.
SOURCE: IC 35-47-12-0.1; (11)ES0490.2.625. -->
SECTION 625. IC 35-47-12-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. (a) The addition of this
chapter by P.L.156-2001 applies only to crimes committed after
June 30, 2001.
(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.
SOURCE: IC 35-47.5-5-0.1; (11)ES0490.2.626. -->
SECTION 626. IC 35-47.5-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 11 of this chapter by P.L.35-2004 apply only to offenses
committed after June 30, 2004.
SOURCE: IC 35-48-1-0.1; (11)ES0490.2.627. -->
SECTION 627. IC 35-48-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-48-2-0.1; (11)ES0490.2.628. -->
SECTION 628. IC 35-48-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 10 of this chapter by P.L.8-2004 apply only to offenses
committed after June 30, 2004.
SOURCE: IC 35-48-3-3.1; (11)ES0490.2.629. -->
SECTION 629. IC 35-48-3-3.1 IS ADDED TO THE INDIANA
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.
SOURCE: IC 35-48-4-0.1; (11)ES0490.2.630. -->
SECTION 630. IC 35-48-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-49-1-0.1; (11)ES0490.2.631. -->
SECTION 631. IC 35-49-1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.3-2002 apply only to crimes
committed after June 30, 2002.
SOURCE: IC 35-49-3-0.1; (11)ES0490.2.632. -->
SECTION 632. IC 35-49-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-50-1-0.1; (11)ES0490.2.633. -->
SECTION 633. IC 35-50-1-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-50-2-0.1; (11)ES0490.2.634. -->
SECTION 634. IC 35-50-2-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 35-50-2-0.2; (11)ES0490.2.635. -->
SECTION 635. IC 35-50-2-0.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.2. (a) The addition of section 7.1
of this chapter (before its repeal) and the amendment of section 8
of this chapter by P.L.328-1985 do not affect any:
(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.
SOURCE: IC 35-50-2-0.3; (11)ES0490.2.636. -->
SECTION 636. IC 35-50-2-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. For purposes of section 2.1 of
this chapter, as added by P.L.284-1985, the juvenile record
includes only those adjudications of delinquency after May 31,
1985.
SOURCE: IC 35-50-3-0.1; (11)ES0490.2.637. -->
SECTION 637. IC 35-50-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 1 of this chapter by P.L.90-2001 apply to misdemeanors
committed after June 30, 2001.
SOURCE: IC 35-50-5-0.1; (11)ES0490.2.638. -->
SECTION 638. IC 35-50-5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 3 of this chapter by P.L.125-2006 apply only to persons
sentenced after June 30, 2006.
SOURCE: IC 35-50-6-0.1; (11)ES0490.2.639. -->
SECTION 639. IC 35-50-6-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-1-8-9.1; (11)ES0490.2.640. -->
SECTION 640. IC 36-1-8-9.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 9.1. (a) A fund that:
(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.
SOURCE: IC 36-1-12-0.1; (11)ES0490.2.641. -->
SECTION 641. IC 36-1-12-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-2-4-0.1; (11)ES0490.2.642. -->
SECTION 642. IC 36-2-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 7 and 8 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.
SOURCE: IC 36-2-13-0.1; (11)ES0490.2.643. -->
SECTION 643. IC 36-2-13-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.1. The addition of section 14 of
this chapter by P.L.219-1991 applies to the following:
(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.
SOURCE: IC 36-2-13-2.5; (11)ES0490.2.644. -->
SECTION 644. IC 36-2-13-2.5, AS AMENDED BY P.L.40-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.5. (a) The sheriff, the executive, and the fiscal
body may enter into a salary contract for the sheriff.
(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.
SOURCE: IC 36-2-15-0.3; (11)ES0490.2.645. -->
SECTION 645. IC 36-2-15-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. (a) The following are
transferred to the county assessor:
(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.
SOURCE: IC 36-2-16.5-6; (11)ES0490.2.646. -->
SECTION 646. IC 36-2-16.5-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Except as provided in
subsection (b), the administrative fees deposited into:
(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).
SOURCE: IC 36-3-1-0.3; (11)ES0490.2.647. -->
SECTION 647. IC 36-3-1-0.3 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 0.3. The general assembly finds
the following:
(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.
SOURCE: IC 36-3-4-0.1; (11)ES0490.2.648. -->
SECTION 648. IC 36-3-4-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 12 and 14 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.
SOURCE: IC 36-4-3-0.1; (11)ES0490.2.649. -->
SECTION 649. IC 36-4-3-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-4-3-3.3; (11)ES0490.2.650. -->
SECTION 650. IC 36-4-3-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.3. (a) This section applies to a
municipality that:
(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.
SOURCE: IC 36-4-3-24; (11)ES0490.2.651. -->
SECTION 651. IC 36-4-3-24 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 24. (a) This section applies to a
second class city located in a county having a population of more
than one hundred twenty thousand (120,000) and less than one
hundred twenty-seven thousand (127,000) as reported by the 1980
federal decennial census.
(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.
SOURCE: IC 36-4-6-0.1; (11)ES0490.2.652. -->
SECTION 652. IC 36-4-6-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 13 and 14 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.
SOURCE: IC 36-5-1-21; (11)ES0490.2.653. -->
SECTION 653. IC 36-5-1-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 21. Notwithstanding sections 2
and 10.1 of this chapter, as in effect July 1, 1999, proceedings
commenced before July 1, 1999, to incorporate a town across
county boundaries is only required to have the approval of the
county executive of the county that contains all or a major part of
the territory sought to be incorporated.
SOURCE: IC 36-5-2-0.1; (11)ES0490.2.654. -->
SECTION 654. IC 36-5-2-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 9.8 and 10 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.
SOURCE: IC 36-6-1.1; (11)ES0490.2.655. -->
SECTION 655. IC 36-6-1.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 36-7-1-0.1; (11)ES0490.2.656. -->
SECTION 656. IC 36-7-1-0.1 IS ADDED TO THE INDIANA
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.
SOURCE: IC 36-7-3-0.1; (11)ES0490.2.657. -->
SECTION 657. IC 36-7-3-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
sections 1, 2, 10, 11, and 16 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.
SOURCE: IC 36-7-4-0.1; (11)ES0490.2.658. -->
SECTION 658. IC 36-7-4-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-7-4-0.3; (11)ES0490.2.659. -->
SECTION 659. IC 36-7-4-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. Notwithstanding the
amendments made to section 207 of this chapter by P.L.225-1997,
an area plan commission that existed before May 12, 1997, may
continue to operate until January 1, 1999, under section 207 of this
chapter as it existed before May 12, 1997. Any actions taken after
June 30, 1997, and before January 1, 1999, by an area plan
commission operating under this section that otherwise comply
with the Area Planning Law are legalized and validated.
SOURCE: IC 36-7-4-0.4; (11)ES0490.2.660. -->
SECTION 660. IC 36-7-4-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.4. (a) This section applies to a
county plan commission that did not have a township trustee
appointed to the plan commission as a member in accordance with
IC 36-7-4-208(a)(5) on or after October 1, 1999.
(b) The acts of the plan commission taken after September 30,
1999, and before March 16, 2000, are legalized.
SOURCE: IC 36-7-4-508; (11)ES0490.2.661. -->
SECTION 661. IC 36-7-4-508 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 508. (a) After a public
hearing or hearings have been held, the plan commission may approve
the comprehensive plan.
(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.
SOURCE: IC 36-7-4-1400; (11)ES0490.2.662. -->
SECTION 662. IC 36-7-4-1400 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1400. (a) This section
and sections 1401, 1401.5, 1402, 1403, 1404, 1405, and 1406 of this
chapter apply only to development plans initially submitted after
December 31, 1995.
(b) This series (sections 1400 through 1499 of this chapter) may be
cited as follows: 1400 SERIES.DEVELOPMENT PLANS.
SOURCE: IC 36-7-11.5-3.7; (11)ES0490.2.663. -->
SECTION 663. IC 36-7-11.5-3.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.7. (a) As used in this section,
"commission" refers to a historic hotel preservation commission
established by an interlocal agreement under section 3 of this
chapter (before its repeal).
(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.
SOURCE: IC 36-7-14-39.3; (11)ES0490.2.664. -->
SECTION 664. IC 36-7-14-39.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 39.3. (a) As used in this
section, "depreciable personal property" refers to:
(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.
SOURCE: IC 36-7-30-33.5; (11)ES0490.2.665. -->
SECTION 665. IC 36-7-30-33.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 33.5. A contract, agreement, or
arrangement executed before April 23, 1997, by a municipal utility
with any entity regarding services provided in the same manner as
services provided under section 33 of this chapter, as in effect on
April 23, 1997, is legalized and made valid, and the contract,
agreement, or arrangement is not subject to challenge.
SOURCE: IC 36-7-31.3-9.3; (11)ES0490.2.666. -->
SECTION 666. IC 36-7-31.3-9.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 9.3. The general assembly finds
that the city of Marion is subject to special circumstances that
justify special legislation to allow the city of Marion to establish a
tax area under section 9 of this chapter, before January 1, 2005.
SOURCE: IC 36-7.5-0.1; (11)ES0490.2.667. -->
SECTION 667. IC 36-7.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
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.
SOURCE: IC 36-8-6-0.1; (11)ES0490.2.668. -->
SECTION 668. IC 36-8-6-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-8-7-0.1; (11)ES0490.2.669. -->
SECTION 669. IC 36-8-7-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-8-7.5-0.1; (11)ES0490.2.670. -->
SECTION 670. IC 36-8-7.5-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-8-8-0.1; (11)ES0490.2.671. -->
SECTION 671. IC 36-8-8-0.1 IS ADDED TO THE INDIANA
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 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).
SOURCE: IC 36-8-10-0.1; (11)ES0490.2.672. -->
SECTION 672. IC 36-8-10-0.1 IS ADDED TO THE INDIANA
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 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.
SOURCE: IC 36-8-10-0.3; (11)ES0490.2.673. -->
SECTION 673. IC 36-8-10-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A county fiscal body action
taken before July 1, 1994, to directly appropriate money from the
appropriate source to a sheriff's pension trust plan is legalized and
validated to the same extent as if P.L.152-1994 had been enacted.
SOURCE: IC 36-8-10-16.3; (11)ES0490.2.674. -->
SECTION 674. IC 36-8-10-16.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.3. (a) This section applies to a
surviving spouse of an employee beneficiary who:
(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.
SOURCE: IC 36-8-11-0.1; (11)ES0490.2.675. -->
SECTION 675. IC 36-8-11-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 26 of
this chapter by P.L.83-1998 applies only to purchases that occur
after June 30, 1998.
SOURCE: IC 36-8-12-0.1; (11)ES0490.2.676. -->
SECTION 676. IC 36-8-12-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The formula added to section
6 of this chapter by P.L.70-1995 applies to insurance policies that
are entered into or renewed after December 31, 1995.
SOURCE: IC 36-8-13-0.1; (11)ES0490.2.677. -->
SECTION 677. IC 36-8-13-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 5 of this chapter by P.L.83-1998 apply only to purchases
that occur after June 30, 1998.
SOURCE: IC 36-8-19-0.1; (11)ES0490.2.678. -->
SECTION 678. IC 36-8-19-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition of section 8.7 of
this chapter by P.L.83-1998 applies only to purchases that occur
after June 30, 1998.
SOURCE: IC 36-8-19-0.3; (11)ES0490.2.679. -->
SECTION 679. IC 36-8-19-0.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.3. A resolution adopted by a
township under this chapter before July 1, 2007, that would have
been valid under this chapter, as in effect on July 1, 2007, is
legalized and validated.
SOURCE: IC 36-9-1-0.1; (11)ES0490.2.680. -->
SECTION 680. IC 36-9-1-0.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[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.
SOURCE: IC 36-9-6.1-0.1; (11)ES0490.2.681. -->
SECTION 681. IC 36-9-6.1-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The addition 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 this act had not
been enacted.
SOURCE: IC 36-9-6.5-0.1; (11)ES0490.2.682. -->
SECTION 682. IC 36-9-6.5-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 2 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 this act had not
been enacted.
SOURCE: IC 36-9-23-0.1; (11)ES0490.2.683. -->
SECTION 683. IC 36-9-23-0.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.1. The amendments made to
section 28 of this chapter (and to IC 32-9-1-2.5, before its repeal)
by P.L.236-1993 apply to deposits held by a municipal sewage
works under section 28 of this chapter, as amended by this act,
after June 30, 1993.
SOURCE: IC 36-10-3-11.5; (11)ES0490.2.684. -->
SECTION 684. IC 36-10-3-11.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 11.5. (a) This section applies to a
city having a population of more than thirty-five thousand (35,000)
but less than thirty-seven thousand (37,000) in a county having a
population of more than sixty-four thousand (64,000) but less than
sixty-five thousand (65,000). Population references in this
subsection are references to population as determined by the 1990
decennial census.
(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.
SOURCE: IC 36-10-9.1-18.3; (11)ES0490.2.685. -->
SECTION 685. IC 36-10-9.1-18.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 18.3. (a) The following do not
affect the validity of any bonds issued under this chapter before
February 21, 1986:
(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.
SOURCE: IC 36-10-15; (11)ES0490.2.686. -->
SECTION 686. IC 36-10-15 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
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.
SOURCE: IC 36-12-2-5.5; (11)ES0490.2.687. -->
SECTION 687. IC 36-12-2-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5.5. IC 20-14-2-3 (before its
repeal), as in effect on July 1, 1998, applies to the establishment of
a public library that is initiated after June 30, 1998, under
IC 20-14-2-3(b) (before its repeal), as in effect July 1, 1998.
SOURCE: IC 36-12-12-0.2; (11)ES0490.2.688. -->
SECTION 688. IC 36-12-12-0.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.2. The addition of IC 20-14-13
(before its repeal, now codified in this chapter) by P.L.343-1989(ss)
applies to property taxes first due and payable after December 31,
1989.
SOURCE: IC 2-5.5; (11)ES0490.2.689. -->
SECTION 689. IC 2-5.5 IS REPEALED [EFFECTIVE JULY 1,
2011].