CHAPTER 1. EFFECT OF RECODIFICATION BY THE ACT OF THE 2003 REGULAR SESSION OF THE GENERAL ASSEMBLY
IC 10-10
ARTICLE 10. EFFECT OF RECODIFICATION OF
TITLE 10
IC 10-10-1
Chapter 1. Effect of Recodification by the Act of the 2003
Regular Session of the General Assembly
IC 10-10-1-1
"Prior law"
Sec. 1. As used in this chapter, "prior law" refers to the statutes
concerning state police, civil defense, emergency management,
military affairs, veterans affairs, and war memorials that are repealed
or amended in the recodification act of the 2003 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 2003 regular session of the general assembly.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-2
Purpose of recodification
Sec. 2. The purpose of the recodification act of the 2003 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 2003 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 2003 regular session
of the general assembly; or
(2) the minutes of meetings of the code revision commission
during 2002 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue
uninterrupted as if the recodification act of the 2003 regular session
of the general assembly had not been enacted.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-3
Statutory construction of recodification
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 2003 regular session of the general
assembly.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-4
Effect of recodification
Sec. 4. (a) The recodification act of the 2003 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 2003 regular
session of the general assembly (July 1, 2003). 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 2003 regular session of the general assembly had not been
enacted.
(b) The recodification act of the 2003 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 2003 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.2-2003, SEC.1.
IC 10-10-1-5
Recodification of prior law
Sec. 5. The recodification act of the 2003 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 2003 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 2003
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
2003 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 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 2003 regular session of the general
assembly to the extent that the recodification act of the 2003 regular
session of the general assembly is not substantively identical to the
prior law.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-6
References 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 2003 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.2-2003, SEC.1.
IC 10-10-1-7
References to citations
Sec. 7. A citation reference in the recodification act of the 2003
regular session of the general assembly to another provision of the
recodification act of the 2003 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 2003 regular session of the general assembly that is
referred to by the citation reference.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-8
References to prior rules
Sec. 8. (a) As used in the recodification act of the 2003 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 2003 regular session of the general assembly
refers to either:
(1) rules adopted under the recodification act of the 2003
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, 2003, until the rules are amended, repealed, or suspended.
As added by P.L.2-2003, SEC.1.
IC 10-10-1-9
References to prior law
Sec. 9. (a) A reference in the recodification act of the 2003 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
2003 regular session of the general assembly only as an aid to the
reader.
(b) The inclusion or omission in the recodification act of the 2003
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;
(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; 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 2003 regular
session of the general assembly (July 1, 2003). 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 2003 regular session of the general assembly had not been
enacted.
(c) The inclusion or omission in the recodification act of the 2003
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 2003 regular session of
the general assembly, as necessary or appropriate to apply the
recodification act of the 2003 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.2-2003, SEC.1.