CHAPTER 12. EFFECT OF RECODIFICATION BY THE ACT OF THE 2007 REGULAR SESSION OF THE GENERAL ASSEMBLY - Indiana Statutes

IC 21-7-12
     Chapter 12. Effect of Recodification by the Act of the 2007 Regular Session of the General Assembly

IC 21-7-12-1
"Prior law"
     Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning higher education that are repealed or amended in the recodification act of the 2007 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2007 regular session of the general assembly. The term includes statutes that are recodified outside this title by the recodification act of the 2007 regular session of the general assembly, such as law related to the Indiana health and educational facility finance authority, Indiana University hospitals, medical center development agencies, university administered preschools, elementary schools, and high schools, 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 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:
        (1) the recodification act of the 2007 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2007 regular session of the general assembly; or
        (2) the minutes of meetings of the code revision commission during 2006 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2007 regular session of 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 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2007 regular session of the general assembly.
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 of the 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 indebtedness issued, 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 the constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2007 regular session 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 be imposed and enforced under prior law as if the recodification act of the 2007 regular session of the general assembly had not been enacted.
    (b) The recodification act of the 2007 regular session of the general assembly does not:
        (1) extend or cause to expire a permit, license, certificate of registration, 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 of authority;
issued under the prior law.
    (c) The recodification act of the 2007 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of 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 the general assembly shall be construed as a recodification of prior law.

Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2007 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:
        (1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2007 regular session of the general assembly; or
        (2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the 2007 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction, which states that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous, does not apply to the recodification act of the 2007 regular session of the general assembly to the extent that the recodification act of the 2007 regular session of the general assembly is not substantively identical 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 statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2007 regular session of the general assembly shall be treated after the effective date of the new 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 2007 regular session of the general assembly to another provision of the recodification act of the 2007 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2007 regular session of the general assembly that is referred 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 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2007 regular session of the general assembly refers 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 been amended, repealed, or superseded.
    (b) Rules adopted under the prior law continue in effect after June 30, 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 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2007 regular session of the general assembly only as an aid to the reader.
    (b) The inclusion or omission in the recodification act of the 2007 regular session of the general assembly of a reference to a citation in the 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 indebtedness issued, 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 the constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2007 regular session 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, continue and shall be imposed and enforced under prior law as if the recodification act of the 2007 regular session of the general assembly had not been enacted.
    (c) The inclusion or omission in the recodification act of the 2007 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation,

or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2007 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2007 regular session of the general assembly in a manner that does not result in a substantive change in the law.
As added by P.L.2-2007, SEC.242.