CHAPTER 3. EFFECT OF RECODIFICATION BY THE ACT OF THE 1995 REGULAR SESSION OF THE GENERAL ASSEMBLY
IC 14-8-3
Chapter 3. Effect of Recodification by the Act of the 1995Regular Session of the General Assembly
IC 14-8-3-1
"Prior natural resources law" defined
Sec. 1. As used in this chapter, "prior natural resources law" refersto the statutes that are repealed or amended in the recodification actof the 1995 regular session of the general assembly as the statutesexisted before the effective date of the applicable or correspondingprovision of the recodification act of the 1995 regular session of thegeneral assembly.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-2
Purpose of recodification act
Sec. 2. The purpose of the recodification act of the 1995 regularsession of the general assembly is to recodify prior natural resourceslaw in a style that is clear, concise, and easy to interpret and apply.Except to the extent that:
(1) the recodification act of the 1995 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 1995 regular sessionof the general assembly; or
(2) the minutes of meetings of the code revision commissionduring 1994 expressly indicate a different purpose;
the substantive operation and effect of the prior natural resources lawcontinue uninterrupted as if the recodification act of the 1995 regularsession of the general assembly had not been enacted.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-3
Statutory construction
Sec. 3. Subject to section 2 of this chapter, sections 4 through 9of this chapter shall be applied to the statutory construction of therecodification act of the 1995 regular session of the generalassembly.
As added by P.L.1-1995, SEC.1. Amended by P.L.2-1997, SEC.52.
IC 14-8-3-4
Effect on existing rights and liabilities
Sec. 4. (a) The recodification act of the 1995 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; 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 1995 regularsession of the general assembly (July 1, 1995). 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 natural resources law as if the recodification act of the1995 regular session of the general assembly had not been enacted.
(b) The recodification act of the 1995 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 natural resources law.
(c) The recodification act of the 1995 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 natural resources law or the rules adopted under the priornatural resources law.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-5
Recodification of prior natural resources law
Sec. 5. The recodification act of the 1995 regular session of thegeneral assembly shall be construed as a recodification of priornatural resources law. If the literal meaning of the recodification actof the 1995 regular session of the general assembly would result ina substantive change in the prior natural resources 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 1995regular session of the general assembly; and
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the
1995 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 ofan act if the literal meaning of the act is unambiguous does not applyto the recodification act of the 1995 regular session of the generalassembly to the extent that the recodification act of the 1995 regularsession of the general assembly is not substantively identical to theprior natural resources law.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-6
References to repealed and replaced statutes
Sec. 6. Subject to section 7 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 1995 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.1-1995, SEC.1.
IC 14-8-3-7
References to provisions of recodification act
Sec. 7. A citation reference in the recodification act of the 1995regular session of the general assembly to another provision of therecodification act of the 1995 regular session of the general assemblyshall be treated as including a reference to the provision of priornatural resources law that is substantively equivalent to the provisionof the recodification act of the 1995 regular session of the generalassembly that is referred to by the citation reference.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-8
References to rules
Sec. 8. (a) As used in the recodification act of the 1995 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 1995 regular session of the general assemblyrefers to either:
(1) rules adopted under the recodification act of the 1995regular session of the general assembly; or
(2) rules adopted under the prior natural resources law untilthose rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior natural resources law continuein effect after June 30, 1995, until the rules are amended, repealed,or suspended.
As added by P.L.1-1995, SEC.1.
IC 14-8-3-9
References to provisions of prior natural resources law
Sec. 9. (a) A reference in the recodification act of the 1995 regularsession of the general assembly to a citation in the prior natural
resources law before its repeal is added in certain sections of therecodification act of the 1995 regular session of the general assemblyonly as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 1995regular session of the general assembly of a reference to a citation inthe prior natural resources 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 1995 regularsession of the general assembly (July 1, 1995). 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 priornatural resources law as if the recodification act of the 1995 regularsession of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 1995regular session of the general assembly of a citation to a provision inthe prior natural resources law does not affect the use of a priorconviction, violation, or noncompliance under the prior naturalresources law as the basis for revocation of a license, permit,certificate of registration, or other grant of authority under therecodification act of the 1995 regular session of the generalassembly, as necessary or appropriate to apply the recodification actof the 1995 regular session of the general assembly in a manner thatdoes not result in a substantive change in the law.
As added by P.L.1-1995, SEC.1.