CHAPTER 12. EFFECT OF RECODIFICATION BY THE ACT OF THE 2007 REGULAR SESSION OF THE GENERAL ASSEMBLY
IC 21-7-12
Chapter 12. Effect of Recodification by the Act of the 2007Regular Session of the General Assembly
IC 21-7-12-1
"Prior law"
Sec. 1. As used in this chapter, "prior law" refers to the statutesconcerning higher education that are repealed or amended in therecodification act of the 2007 regular session of the general assemblyas the statutes existed before the effective date of the applicable orcorresponding provision of the recodification act of the 2007 regularsession of the general assembly. The term includes statutes that arerecodified outside this title by the recodification act of the 2007regular session of the general assembly, such as law related to theIndiana health and educational facility finance authority, IndianaUniversity hospitals, medical center development agencies,university administered preschools, elementary schools, and highschools, administration of school corporation expenditures,donations to a state educational institution by a political subdivision,and the Knox County property tax levy for Vincennes University.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-2
Purpose
Sec. 2. The purpose of the recodification act of the 2007 regularsession of the general assembly is to recodify prior law in a style thatis clear, concise, and easy to interpret and apply. Except to the extentthat:
(1) the recodification act of the 2007 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 2007 regular sessionof the general assembly; or
(2) the minutes of meetings of the code revision commissionduring 2006 expressly indicate a different purpose;
the substantive operation and effect of the prior law continueuninterrupted as if the recodification act of the 2007 regular sessionof the general assembly had not been enacted.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-3
Applicability
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 2007 regular session of the generalassembly.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-4
Effect of actions before July 1, 2007 Sec. 4. (a) The recodification act of the 2007 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,easements, or leases 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 law;
before the effective date of the recodification act of the 2007 regularsession of the general assembly (July 1, 2007). Those rights,liabilities, penalties, violations, proceedings, bonds, notes, loans,other forms of indebtedness, tax levies, funds, patents, contracts,easements, leases, permits, licenses, certificates of registration,grants of authority, and limitations of authority continue and shall beimposed and enforced under prior law as if the recodification act ofthe 2007 regular session of the general assembly had not beenenacted.
(b) The recodification act of the 2007 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 law.
(c) The recodification act of the 2007 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 law or the rules adopted under the prior law.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-5
Statutory construction
Sec. 5. The recodification act of the 2007 regular session of thegeneral assembly shall be construed as a recodification of prior law.
Except as provided in section 2(1) and 2(2) of this chapter, if theliteral meaning of the recodification act of the 2007 regular sessionof the general assembly (including a literal application of anerroneous change to an internal reference) would result in asubstantive change in the prior law, the difference shall be construedas a typographical, spelling, or other clerical error that must becorrected by:
(1) inserting, deleting, or substituting words, punctuation, orother matters of style in the recodification act of the 2007regular session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the2007 regular session of the general assembly in a manner that doesnot result in a substantive change in the law. The principle ofstatutory construction, which states that a court must apply the literalmeaning of an act if the literal meaning of the act is unambiguous,does not apply to the recodification act of the 2007 regular sessionof the general assembly to the extent that the recodification act of the2007 regular session of the general assembly is not substantivelyidentical to the prior law.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-6
Reference to repealed statutes
Sec. 6. Subject to section 9 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 2007 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.2-2007, SEC.242.
IC 21-7-12-7
Citation references
Sec. 7. A citation reference in the recodification act of the 2007regular session of the general assembly to another provision of therecodification act of the 2007 regular session of the general assemblyshall be treated as including a reference to the provision of prior lawthat is substantively equivalent to the provision of the recodificationact of the 2007 regular session of the general assembly that isreferred to by the citation reference.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-8
Rules references
Sec. 8. (a) As used in the recodification act of the 2007 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 2007 regular session of the general assemblyrefers to either:
(1) rules adopted under the recodification act of the 2007
regular session of the general assembly; or
(2) rules adopted under the prior law until those rules have beenamended, repealed, or superseded.
(b) Rules adopted under the prior law continue in effect after June30, 2007, until the rules are amended, repealed, or suspended.
As added by P.L.2-2007, SEC.242.
IC 21-7-12-9
Citations to prior civil law and procedure
Sec. 9. (a) A reference in the recodification act of the 2007 regularsession of the general assembly to a citation in the prior law beforeits repeal is added in certain sections of the recodification act of the2007 regular session of the general assembly only as an aid to thereader.
(b) The inclusion or omission in the recodification act of the 2007regular session of the general assembly of a reference to a citation inthe prior 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 or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts,easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension,or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority;
(E) limitations of authority; or
(F) degrees; or
(11) the validity of court decisions entered regarding theconstitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2007 regularsession of the general assembly (July 1, 2007). Those rights,liabilities, penalties, violations, proceedings, bonds, notes, loans,other forms of indebtedness, tax levies, funds, patents, contracts,easements, leases, permits, licenses, certificates of registration,grants of authority, limitations of authority, and degrees, continueand shall be imposed and enforced under prior law as if therecodification act of the 2007 regular session of the general assemblyhad not been enacted.
(c) The inclusion or omission in the recodification act of the 2007regular session of the general assembly of a citation to a provision inthe prior law does not affect the use of a prior conviction, violation,
or noncompliance under the prior law as the basis for revocation ofa license, permit, certificate of registration, or other grant ofauthority under the recodification act of the 2007 regular session ofthe general assembly, as necessary or appropriate to apply therecodification act of the 2007 regular session of the general assemblyin a manner that does not result in a substantive change in the law.
As added by P.L.2-2007, SEC.242.