IC 1-1-5 Chapter 5. Effect of Repeal or Expiration; Reservation ofLegislative Authority
IC 1-1-5-1 Revival; release or extinguishment Sec. 1. Whenever a statute is repealed which repealed a formerstatute, the former statute shall not thereby be revived unless it shallbe so expressly provided. And the repeal of any statute shall not havethe effect to release or extinguish any penalty, forfeiture, or liabilityincurred under such statute, unless the repealing statute shall soexpressly provide; and such statute shall be treated as still remainingin force for the purposes of sustaining any proper action orprosecution for the enforcement of such penalty, forfeiture, orliability. (Formerly: Acts 1877(ss), c.36, s.1.) As amended by P.L.2-1988,SEC.1.
IC 1-1-5-2 Right of general assembly to amend or repeal law; waiver Sec. 2. Each general law of the state is enacted subject to the rightof the general assembly to amend or repeal that law at any time,unless the general assembly waives this right in that law. Except asprovided in: (1) IC 5-1-14-9; or (2) any other law containing a covenant that the generalassembly will not amend or repeal that law; the general assembly may not be construed to have waived its rightto amend or repeal any general law at any time. As added by P.L.19-1986, SEC.40. Amended by P.L.2-1989, SEC.1.
IC 1-1-5-3 Special acts incorporating corporations Sec. 3. The repeal or expiration of a special act incorporating acorporation has no effect on the subsequent reorganization of thecorporation under a general statute. As added by P.L.1-1989, SEC.3. Amended by P.L.16-2009, SEC.1.
IC 1-1-5-4 Legalizing or validating statutes Sec. 4. The repeal or expiration of a legalizing or validatingstatute or part of a statute does not affect the legalization orvalidation. As added by P.L.1-1989, SEC.4. Amended by P.L.16-2009, SEC.2. IC 1-1-5-5 Statutes authorizing transfer, conveyance, or acceptance ofproperty, powers, duties, and liabilities, or rules by governmentalentities; cession or retrocession of jurisdiction over propertybetween state and United States Sec. 5. (a) This section applies to the repeal or expiration of astatute or part of a statute authorizing either of the following: (1) The transfer, conveyance, or acceptance of: (A) property; (B) powers, duties, and liabilities; or (C) rules adopted under IC 4-22-2; by a governmental entity. (2) Cession or retrocession of jurisdiction over propertybetween the state and the United States. (b) The repeal or expiration does not affect the validity of thetransfer, conveyance, or acceptance of: (1) property; (2) powers, duties, and liabilities; or (3) rules; occurring before the effectiveness of the repeal or the date of theexpiration. (c) The repeal or expiration does not affect the validity of thecession or retrocession of jurisdiction over property between the stateand the United States. As added by P.L.1-1989, SEC.5. Amended by P.L.7-1993, SEC.1;P.L.16-2009, SEC.3.
IC 1-1-5-6 Expired statutes Sec. 6. (a) This section applies to the repeal of a statute or part ofa statute that has expired. (b) The repeal does not affect the validity of an action taken underthe statute or part of the statute before its expiration. As added by P.L.1-1989, SEC.6.
IC 1-1-5-7 Statutes nullifying actions Sec. 7. Whenever a statute that nullified an action: (1) is repealed; or (2) expires; the action is not approved or ratified unless the approval orratification is expressly provided in the statute. As added by P.L.1-1989, SEC.7. Amended by P.L.16-2009, SEC.4.
IC 1-1-5-8 Revival of rule voided by statute subsequently repealed or expired Sec. 8. Whenever a statute that voided a rule: (1) is repealed; or (2) expires; the rule is not revived unless the statute expressly provides for the
revival. As added by P.L.1-1989, SEC.8. Amended by P.L.16-2009, SEC.5.
IC 1-1-5-9 Statutes setting forth effective date of a statute Sec. 9. The repeal or expiration of a statute or part of a statutethat: (1) sets forth the effective date of a statute or part of a statute;and (2) is repealed or expires after the statute or part of a statute hastaken effect; has no effect on the effective date of the statute. As added by P.L.1-1989, SEC.9. Amended by P.L.16-2009, SEC.6.
IC 1-1-5-10 Expiration of statute has same effect as repeal Sec. 10. The expiration of a statute has the same effect that therepeal of the statute, effective on the date of the expiration of thestatute, would have had. As added by P.L.16-2009, SEC.7.
IC 1-1-5 Chapter 5. Effect of Repeal or Expiration; Reservation ofLegislative Authority
IC 1-1-5-1 Revival; release or extinguishment Sec. 1. Whenever a statute is repealed which repealed a formerstatute, the former statute shall not thereby be revived unless it shallbe so expressly provided. And the repeal of any statute shall not havethe effect to release or extinguish any penalty, forfeiture, or liabilityincurred under such statute, unless the repealing statute shall soexpressly provide; and such statute shall be treated as still remainingin force for the purposes of sustaining any proper action orprosecution for the enforcement of such penalty, forfeiture, orliability. (Formerly: Acts 1877(ss), c.36, s.1.) As amended by P.L.2-1988,SEC.1.
IC 1-1-5-2 Right of general assembly to amend or repeal law; waiver Sec. 2. Each general law of the state is enacted subject to the rightof the general assembly to amend or repeal that law at any time,unless the general assembly waives this right in that law. Except asprovided in: (1) IC 5-1-14-9; or (2) any other law containing a covenant that the generalassembly will not amend or repeal that law; the general assembly may not be construed to have waived its rightto amend or repeal any general law at any time. As added by P.L.19-1986, SEC.40. Amended by P.L.2-1989, SEC.1.
IC 1-1-5-3 Special acts incorporating corporations Sec. 3. The repeal or expiration of a special act incorporating acorporation has no effect on the subsequent reorganization of thecorporation under a general statute. As added by P.L.1-1989, SEC.3. Amended by P.L.16-2009, SEC.1.
IC 1-1-5-4 Legalizing or validating statutes Sec. 4. The repeal or expiration of a legalizing or validatingstatute or part of a statute does not affect the legalization orvalidation. As added by P.L.1-1989, SEC.4. Amended by P.L.16-2009, SEC.2. IC 1-1-5-5 Statutes authorizing transfer, conveyance, or acceptance ofproperty, powers, duties, and liabilities, or rules by governmentalentities; cession or retrocession of jurisdiction over propertybetween state and United States Sec. 5. (a) This section applies to the repeal or expiration of astatute or part of a statute authorizing either of the following: (1) The transfer, conveyance, or acceptance of: (A) property; (B) powers, duties, and liabilities; or (C) rules adopted under IC 4-22-2; by a governmental entity. (2) Cession or retrocession of jurisdiction over propertybetween the state and the United States. (b) The repeal or expiration does not affect the validity of thetransfer, conveyance, or acceptance of: (1) property; (2) powers, duties, and liabilities; or (3) rules; occurring before the effectiveness of the repeal or the date of theexpiration. (c) The repeal or expiration does not affect the validity of thecession or retrocession of jurisdiction over property between the stateand the United States. As added by P.L.1-1989, SEC.5. Amended by P.L.7-1993, SEC.1;P.L.16-2009, SEC.3.
IC 1-1-5-6 Expired statutes Sec. 6. (a) This section applies to the repeal of a statute or part ofa statute that has expired. (b) The repeal does not affect the validity of an action taken underthe statute or part of the statute before its expiration. As added by P.L.1-1989, SEC.6.
IC 1-1-5-7 Statutes nullifying actions Sec. 7. Whenever a statute that nullified an action: (1) is repealed; or (2) expires; the action is not approved or ratified unless the approval orratification is expressly provided in the statute. As added by P.L.1-1989, SEC.7. Amended by P.L.16-2009, SEC.4.
IC 1-1-5-8 Revival of rule voided by statute subsequently repealed or expired Sec. 8. Whenever a statute that voided a rule: (1) is repealed; or (2) expires; the rule is not revived unless the statute expressly provides for the
revival. As added by P.L.1-1989, SEC.8. Amended by P.L.16-2009, SEC.5.
IC 1-1-5-9 Statutes setting forth effective date of a statute Sec. 9. The repeal or expiration of a statute or part of a statutethat: (1) sets forth the effective date of a statute or part of a statute;and (2) is repealed or expires after the statute or part of a statute hastaken effect; has no effect on the effective date of the statute. As added by P.L.1-1989, SEC.9. Amended by P.L.16-2009, SEC.6.
IC 1-1-5-10 Expiration of statute has same effect as repeal Sec. 10. The expiration of a statute has the same effect that therepeal of the statute, effective on the date of the expiration of thestatute, would have had. As added by P.L.16-2009, SEC.7.
IC 1-1-5 Chapter 5. Effect of Repeal or Expiration; Reservation ofLegislative Authority
IC 1-1-5-1 Revival; release or extinguishment Sec. 1. Whenever a statute is repealed which repealed a formerstatute, the former statute shall not thereby be revived unless it shallbe so expressly provided. And the repeal of any statute shall not havethe effect to release or extinguish any penalty, forfeiture, or liabilityincurred under such statute, unless the repealing statute shall soexpressly provide; and such statute shall be treated as still remainingin force for the purposes of sustaining any proper action orprosecution for the enforcement of such penalty, forfeiture, orliability. (Formerly: Acts 1877(ss), c.36, s.1.) As amended by P.L.2-1988,SEC.1.
IC 1-1-5-2 Right of general assembly to amend or repeal law; waiver Sec. 2. Each general law of the state is enacted subject to the rightof the general assembly to amend or repeal that law at any time,unless the general assembly waives this right in that law. Except asprovided in: (1) IC 5-1-14-9; or (2) any other law containing a covenant that the generalassembly will not amend or repeal that law; the general assembly may not be construed to have waived its rightto amend or repeal any general law at any time. As added by P.L.19-1986, SEC.40. Amended by P.L.2-1989, SEC.1.
IC 1-1-5-3 Special acts incorporating corporations Sec. 3. The repeal or expiration of a special act incorporating acorporation has no effect on the subsequent reorganization of thecorporation under a general statute. As added by P.L.1-1989, SEC.3. Amended by P.L.16-2009, SEC.1.
IC 1-1-5-4 Legalizing or validating statutes Sec. 4. The repeal or expiration of a legalizing or validatingstatute or part of a statute does not affect the legalization orvalidation. As added by P.L.1-1989, SEC.4. Amended by P.L.16-2009, SEC.2. IC 1-1-5-5 Statutes authorizing transfer, conveyance, or acceptance ofproperty, powers, duties, and liabilities, or rules by governmentalentities; cession or retrocession of jurisdiction over propertybetween state and United States Sec. 5. (a) This section applies to the repeal or expiration of astatute or part of a statute authorizing either of the following: (1) The transfer, conveyance, or acceptance of: (A) property; (B) powers, duties, and liabilities; or (C) rules adopted under IC 4-22-2; by a governmental entity. (2) Cession or retrocession of jurisdiction over propertybetween the state and the United States. (b) The repeal or expiration does not affect the validity of thetransfer, conveyance, or acceptance of: (1) property; (2) powers, duties, and liabilities; or (3) rules; occurring before the effectiveness of the repeal or the date of theexpiration. (c) The repeal or expiration does not affect the validity of thecession or retrocession of jurisdiction over property between the stateand the United States. As added by P.L.1-1989, SEC.5. Amended by P.L.7-1993, SEC.1;P.L.16-2009, SEC.3.
IC 1-1-5-6 Expired statutes Sec. 6. (a) This section applies to the repeal of a statute or part ofa statute that has expired. (b) The repeal does not affect the validity of an action taken underthe statute or part of the statute before its expiration. As added by P.L.1-1989, SEC.6.
IC 1-1-5-7 Statutes nullifying actions Sec. 7. Whenever a statute that nullified an action: (1) is repealed; or (2) expires; the action is not approved or ratified unless the approval orratification is expressly provided in the statute. As added by P.L.1-1989, SEC.7. Amended by P.L.16-2009, SEC.4.
IC 1-1-5-8 Revival of rule voided by statute subsequently repealed or expired Sec. 8. Whenever a statute that voided a rule: (1) is repealed; or (2) expires; the rule is not revived unless the statute expressly provides for the
revival. As added by P.L.1-1989, SEC.8. Amended by P.L.16-2009, SEC.5.
IC 1-1-5-9 Statutes setting forth effective date of a statute Sec. 9. The repeal or expiration of a statute or part of a statutethat: (1) sets forth the effective date of a statute or part of a statute;and (2) is repealed or expires after the statute or part of a statute hastaken effect; has no effect on the effective date of the statute. As added by P.L.1-1989, SEC.9. Amended by P.L.16-2009, SEC.6.
IC 1-1-5-10 Expiration of statute has same effect as repeal Sec. 10. The expiration of a statute has the same effect that therepeal of the statute, effective on the date of the expiration of thestatute, would have had. As added by P.L.16-2009, SEC.7.
