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 1995
Regular 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" refers
to the statutes that are repealed or amended in the recodification act
of the 1995 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 1995 regular session of the
general 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 regular
session of the general assembly is to recodify prior natural resources
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 1995 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 1995 regular session
of the general assembly; or
(2) the minutes of meetings of the code revision commission
during 1994 expressly indicate a different purpose;
the substantive operation and effect of the prior natural resources law
continue uninterrupted as if the recodification act of the 1995 regular
session 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 9
of this chapter shall be applied to the statutory construction of the
recodification act of the 1995 regular session of the general
assembly.
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 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 or
leases 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 regular
session of the general assembly (July 1, 1995). Those rights,
liabilities, penalties, offenses, proceedings, bonds, notes, loans, other
forms of indebtedness, tax levies, funds, patents, contracts, leases,
permits, licenses, certificates of registration, grants of authority, or
limitations of authority continue and shall be imposed and enforced
under prior natural resources law as if the recodification act of the
1995 regular session of the general assembly had not been enacted.
(b) The recodification act of the 1995 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 natural resources law.
(c) The recodification act of the 1995 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 natural resources law or the rules adopted under the prior
natural 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 the
general assembly shall be construed as a recodification of prior
natural resources law. If the literal meaning of the recodification act
of the 1995 regular session of the general assembly would result in
a substantive change in the prior natural resources 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 1995
regular 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 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 1995 regular session of the general
assembly to the extent that the recodification act of the 1995 regular
session of the general assembly is not substantively identical to the
prior 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 statute
or rule to a statute that is repealed and replaced in the same or a
different form in the recodification act of the 1995 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.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 1995
regular session of the general assembly to another provision of the
recodification act of the 1995 regular session of the general assembly
shall be treated as including a reference to the provision of prior
natural resources law that is substantively equivalent to the provision
of the recodification act of the 1995 regular session of the general
assembly 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 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 1995 regular session of the general assembly
refers to either:
(1) rules adopted under the recodification act of the 1995
regular session of the general assembly; or
(2) rules adopted under the prior natural resources law until
those rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior natural resources law continue
in 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 regular
session of the general assembly to a citation in the prior natural
resources law before its repeal is added in certain sections of the
recodification act of the 1995 regular session of the general assembly
only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 1995
regular session of the general assembly of a reference to a citation in
the 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 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 or
leases 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 regular
session of the general assembly (July 1, 1995). Those rights,
liabilities, penalties, offenses, proceedings, bonds, notes, loans, other
forms of indebtedness, tax levies, funds, patents, contracts, leases,
licenses, permits, certificates of registration, and other grants of
authority continue and shall be imposed and enforced under prior
natural resources law as if the recodification act of the 1995 regular
session of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 1995
regular session of the general assembly of a citation to a provision in
the prior natural resources law does not affect the use of a prior
conviction, violation, or noncompliance under the prior natural
resources law as the basis for revocation of a license, permit,
certificate of registration, or other grant of authority under the
recodification act of the 1995 regular session of the general
assembly, as necessary or appropriate to apply the recodification act
of the 1995 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.1-1995, SEC.1.