2014 Indiana Code TITLE 1. GENERAL PROVISIONS ARTICLE 1. LAWS GOVERNING THE STATE CHAPTER 5. EFFECT OF REPEAL OR EXPIRATION; RESERVATION OF LEGISLATIVE AUTHORITY
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IC 1-1-5
Chapter 5. Effect of Repeal or Expiration; Reservation of
Legislative Authority
IC 1-1-5-1
Revival; release or extinguishment
Sec. 1. Whenever a statute is repealed which repealed a former
statute, the former statute shall not thereby be revived unless it shall
be so expressly provided. And the repeal of any statute shall not have
the effect to release or extinguish any penalty, forfeiture, or liability
incurred under such statute, unless the repealing statute shall so
expressly provide; and such statute shall be treated as still remaining
in force for the purposes of sustaining any proper action or
prosecution for the enforcement of such penalty, forfeiture, or
liability.
(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 right
of the general assembly to amend or repeal that law at any time,
unless the general assembly waives this right in that law. Except as
provided in:
(1) IC 5-1-14-9; or
(2) any other law containing a covenant that the general
assembly will not amend or repeal that law;
the general assembly may not be construed to have waived its right
to 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 a
corporation has no effect on the subsequent reorganization of the
corporation 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 validating
statute or part of a statute does not affect the legalization or
validation.
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 of
property, powers, duties, and liabilities, or rules by governmental
entities; cession or retrocession of jurisdiction over property
between state and United States
Sec. 5. (a) This section applies to the repeal or expiration of a
statute 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 property
between the state and the United States.
(b) The repeal or expiration does not affect the validity of the
transfer, 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 the
expiration.
(c) The repeal or expiration does not affect the validity of the
cession or retrocession of jurisdiction over property between the state
and 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 of
a statute that has expired.
(b) The repeal does not affect the validity of an action taken under
the 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 or
ratification 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 statute
that:
(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 has
taken 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 the
repeal of the statute, effective on the date of the expiration of the
statute, would have had.
As added by P.L.16-2009, SEC.7.
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