CHAPTER 1. EFFECT OF RECODIFICATION BY THE ACT OF THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY
IC 13-12
ARTICLE 12. GENERAL PROVISIONS
IC 13-12-1
Chapter 1. Effect of Recodification by the Act of the 1996Regular Session of the General Assembly
IC 13-12-1-1
Purpose
Sec. 1. The purpose of the recodification act of the 1996 regularsession of the general assembly is to recodify prior environmentallaw in a style that is clear, concise, and easy to interpret and apply.Except to the extent that:
(1) the recodification act of the 1996 regular session of thegeneral assembly is amended to reflect the changes made in aprovision of another bill that adds to, amends, or repeals aprovision in the recodification act of the 1996 regular sessionof the general assembly; or
(2) the minutes of meetings of the code revision commissionduring 1995 expressly indicate a different purpose;
the substantive operation and effect of the prior environmental lawcontinue uninterrupted as if the recodification act of the 1996 regularsession of the general assembly had not been enacted.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-2
Applicability of sections
Sec. 2. Subject to section 1 of this chapter, sections 3 through 8of this chapter shall be applied to the statutory construction of therecodification act of the 1996 regular session of the generalassembly.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-3
Applicability of article
Sec. 3. (a) The recodification act of the 1996 regular session ofthe general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtednessissued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts orleases executed;
(10) the validity, continuation, scope, termination, suspension,or revocation of: (A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding theconstitutionality of any provision of the prior environmentallaw;
before the effective date of the recodification act of the 1996 regularsession of the general assembly (July 1, 1996). Those rights,liabilities, penalties, offenses, proceedings, bonds, notes, loans, otherforms of indebtedness, tax levies, funds, patents, contracts, leases,permits, licenses, certificates of registration, grants of authority, orlimitations of authority continue and shall be imposed and enforcedunder prior environmental law as if the recodification act of the 1996regular session of the general assembly had not been enacted.
(b) The recodification act of the 1996 regular session of thegeneral assembly does not:
(1) extend, or cause to expire, a permit, license, certificate ofregistration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license,permit, certificate of registration, or other grant or limitation ofauthority;
issued under the prior environmental law.
(c) The recodification act of the 1996 regular session of thegeneral assembly does not affect the revocation, limitation, orsuspension of a permit, license, certificate of registration, or othergrant or limitation of authority based in whole or in part on violationsof the prior environmental law or the rules adopted under the priorenvironmental law.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-4
Construction of statutes
Sec. 4. The recodification act of the 1996 regular session of thegeneral assembly shall be construed as a recodification of priorenvironmental law. Except as provided in section 1(1) and 1(2) ofthis chapter, if the literal meaning of the recodification act of the1996 regular session of the general assembly would result in asubstantive change in the prior environmental law, the differenceshall be construed as a typographical, spelling, or other clerical errorthat must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, orother matters of style in the recodification act of the 1996regular session of the general assembly; and
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the1996 regular session of the general assembly in a manner that doesnot result in a substantive change in the law. The principle ofstatutory construction that a court must apply the literal meaning of
an act if the literal meaning of the act is unambiguous does not applyto the recodification act of the 1996 regular session of the generalassembly to the extent that the recodification act of the 1996 regularsession of the general assembly is not substantively identical to theprior environmental law.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-5
Repealed or replaced statutes and rules
Sec. 5. Subject to section 8 of this chapter, a reference in a statuteor rule to a statute that is repealed and replaced in the same or adifferent form in the recodification act of the 1996 regular session ofthe general assembly shall be treated after the effective date of thenew provision as a reference to the new provision.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-6
Inclusion of prior statutes
Sec. 6. A citation reference in the recodification act of the 1996regular session of the general assembly to another provision of therecodification act of the 1996 regular session of the general assemblyshall be treated as including a reference to the provision of priorenvironmental law that is substantively equivalent to the provisionof the recodification act of the 1996 regular session of the generalassembly that is referred to by the citation reference.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-7
Rules
Sec. 7. (a) As used in the recodification act of the 1996 regularsession of the general assembly, a reference to rules adopted underany provision of this title or under any other provision of therecodification act of the 1996 regular session of the general assemblyrefers to either:
(1) rules adopted under the recodification act of the 1996regular session of the general assembly; or
(2) rules adopted under the prior environmental law until thoserules have been amended, repealed, or superseded.
(b) Rules adopted under the prior environmental law continue ineffect after June 30, 1996, until the rules are amended, repealed, orsuspended.
As added by P.L.1-1996, SEC.2.
IC 13-12-1-8
Inclusion or omission of prior statutes; aid to reader; effect ongrants of authority
Sec. 8. (a) A reference in the recodification act of the 1996 regularsession of the general assembly to a citation in the priorenvironmental law before its repeal is added in certain sections of therecodification act of the 1996 regular session of the general assembly
only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 1996regular session of the general assembly of a reference to a citation inthe prior environmental law before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtednessissued, incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts orleases executed; or
(10) the validity, continuation, scope, termination, suspension,or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority;
before the effective date of the recodification act of the 1996 regularsession of the general assembly (July 1, 1996). Those rights,liabilities, penalties, offenses, proceedings, bonds, notes, loans, otherforms of indebtedness, tax levies, funds, patents, contracts, leases,licenses, permits, certificates of registration, and other grants ofauthority continue and shall be imposed and enforced under priorenvironmental law as if the recodification act of the 1996 regularsession of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 1996regular session of the general assembly of a citation to a provision inthe prior environmental law does not affect the use of a priorconviction, violation, or noncompliance under the priorenvironmental law as the basis for revocation of a license, permit,certificate of registration, or other grant of authority under therecodification act of the 1996 regular session of the generalassembly, as necessary or appropriate to apply the recodification actof the 1996 regular session of the general assembly in a manner thatdoes not result in a substantive change in the law.
As added by P.L.1-1996, SEC.2.