Citations Affected: IC 1-1; IC 2-5; IC 2-5.5; IC 4-23; IC 5-2; IC 5-13;
IC 6-1.1; IC 6-8.1; IC 9-18; IC 10-11; IC 12-8; IC 12-15; IC 13-17;
IC 13-23; IC 14-15; IC 14-27; IC 14-34; IC 16-41; IC 26-1; IC 27-5.1;
IC 27-8; IC 32-21; IC 32-31; IC 34-26; IC 36-2.
Synopsis: Noncode statutes. Provides that the expiration of a statute
has the same effect as the repeal of a statute. Codifies several noncode
sections. Repeals the corresponding noncode sections. (The introduced
version of this bill was prepared by the code revision commission.)
Effective: July 1, 2009.
January 8, 2009, read first time and referred to Committee on Judiciary.
February 5, 2009, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
general provisions and to make an appropriation.
change the judicial rule of statutory construction expressed in
Tinder, Pros. Atty. et al. v. Clarke Auto Co., Inc. (1958), 238 Ind.
302, 149 N.E.2d 808 and later cases that the motive of individual
sponsors of legislation cannot be imputed to the general assembly
unless there is a basis for it in its statutory expression.
safety;
(2) establish fairness and uniformity in sentencing laws and
policies;
(3) determine whether incarceration or alternative sanctions
are appropriate for various categories of criminal offenses;
and
(4) maximize cost effectiveness in the administration of
sentencing laws and policies.
Sec. 3. The sentencing policy study committee is established.
Sec. 4. (a) The committee shall evaluate sentencing laws and
policies as they relate to:
(1) the purposes of the criminal justice and corrections
systems;
(2) the availability of sentencing options; and
(3) the inmate population in department of correction
facilities.
(b) If, based on the committee's evaluation under this section,
the committee determines changes are necessary or appropriate,
the committee shall make recommendations to the general
assembly for the modification of sentencing laws and policies and
for the addition, deletion, or expansion of sentencing options.
Sec. 5. The committee shall do the following:
(1) Evaluate the existing classification of criminal offenses
into felony and misdemeanor categories. In determining the
proper category for each felony and misdemeanor, the
committee shall consider, to the extent they have relevance,
the following:
(A) The nature and degree of harm likely to be caused by
the offense, including whether the offense involves
property, irreplaceable property, a person, a number of
persons, or a breach of the public trust.
(B) The deterrent effect a particular classification may
have on the commission of the offense.
(C) The current incidence of the offense in Indiana.
(D) The rights of the victim.
(2) Recommend structures to be used by a sentencing court in
determining the most appropriate sentence to be imposed in
a criminal case, including any combination of imprisonment,
probation, restitution, community service, or house arrest.
The committee shall also consider the following:
(A) The nature and characteristics of the offense.
(B) The severity of the offense in relation to other offenses.
local community participation in the operation and
implementation of community corrections programs.
(F) An analysis of the rate of recidivism of clients under
the supervision of existing community corrections
programs.
(8) Propose plans, programs, and legislation for improving the
effectiveness of the criminal justice and corrections systems.
(9) Evaluate the use of faith based organizations as an
alternative to incarceration.
(10) Study issues related to sex offenders, including:
(A) lifetime parole;
(B) GPS or other electronic monitoring;
(C) a classification system for sex offenders;
(D) recidivism; and
(E) treatment.
Sec. 6. The committee may study other topics assigned by the
legislative council or as directed by the committee chair. The
committee may meet as often as necessary.
Sec. 7. The committee consists of twenty (20) members
appointed as follows:
(1) Four (4) members of the senate, not more than two (2) of
whom may be affiliated with the same political party, to be
appointed by the president pro tempore of the senate.
(2) Four (4) members of the house of representatives, not
more than two (2) of whom may be affiliated with the same
political party, to be appointed by the speaker of the house of
representatives.
(3) The chief justice of the supreme court or the chief justice's
designee.
(4) The commissioner of the department of correction or the
commissioner's designee.
(5) The director of the Indiana criminal justice institute or the
director's designee.
(6) The executive director of the prosecuting attorneys council
of Indiana or the executive director's designee.
(7) The executive director of the public defender council of
Indiana or the executive director's designee.
(8) One (1) person with experience in administering
community corrections programs, appointed by the governor.
(9) One (1) person with experience in administering probation
programs, appointed by the governor.
(10) Two (2) judges who exercise juvenile jurisdiction, not
more than one (1) of whom may be affiliated with the same
political party, to be appointed by the governor.
(11) Two (2) judges who exercise criminal jurisdiction, not
more than one (1) of whom may be affiliated with the same
political party, to be appointed by the governor.
(12) One (1) board certified psychologist or psychiatrist who
has expertise in treating sex offenders, appointed by the
governor to act as a nonvoting adviser to the committee.
Sec. 8. The chairman of the legislative council shall appoint a
legislative member of the committee to serve as the chairperson of
the committee. Whenever there is a new chairman of the legislative
council, the new chairman may remove the chairperson of the
committee and appoint another chairperson.
Sec. 9. If a legislative member of the committee ceases to be a
member of the chamber from which the member was appointed,
the member also ceases to be a member of the committee.
Sec. 10. A legislative member of the committee may be removed
at any time by the appointing authority who appointed the
legislative member.
Sec. 11. If a vacancy exists on the committee, the appointing
authority who appointed the former member whose position is
vacant shall appoint an individual to fill the vacancy.
Sec. 12. The committee shall submit a final report of the results
of its study to the legislative council before November 1, 2010.
Sec. 13. The Indiana criminal justice institute shall provide staff
support to the committee.
Sec. 14. This chapter expires December 31, 2010.
Chapter 3. Lake Management Work Group
Sec. 1. The lake management work group is established.
Sec. 2. The activities of the work group must be directed to
problems and issues associated with lakes that meet the definition
of a public freshwater lake under IC 14-26-2-3.
Sec. 3. (a) The work group consists of twenty-six (26) members
appointed as follows:
(1) Four (4) members of the general assembly consisting of:
(A) two (2) members of the house of representatives who
may not be members of the same political party, appointed
by the speaker of the house of representatives; and
(B) two (2) members of the senate who may not be
members of the same political party, appointed by the
president pro tempore of the senate.
(2) Three (3) representatives of the department of natural
resources, at least one (1) of whom must be an officer in the
division of law enforcement, appointed by the governor.
(3) The commissioner of the department of environmental
management or the commissioner's designee.
(4) One (1) representative of the Indiana Lake Management
Society or a similar organization of citizens concerned about
lakes, appointed by the governor.
(5) One (1) representative of the Natural Resources
Conservation Service of the United States Department of
Agriculture appointed by the governor upon the
recommendation of the Natural Resources Conservation
Service.
(6) One (1) representative of soil and water conservation
districts organized under IC 14-32 or IC 13-3-1 or IC 14-32-3
(before their repeal), appointed by the governor.
(7) Ten (10) members appointed by the governor, each of
whom is:
(A) a participant in lake related recreational activities;
(B) a resident of a lake area;
(C) the owner or operator of a lake related business; or
(D) interested in the natural environment of Indiana lakes.
(8) One (1) representative of the United States Army Corps of
Engineers appointed by the governor upon the
recommendation of the commander of the Louisville District
of the United States Army Corps of Engineers.
(9) One (1) representative of an agricultural organization,
appointed by the governor.
(10) One (1) representative of an environmental organization,
appointed by the governor.
(11) Two (2) other individuals appointed by the governor as
at-large members.
(b) When appointing two (2) members of the house of
representatives to the work group under subsection (a)(1)(A), the
speaker of the house of representatives shall appoint one (1)
representative to serve as chairperson of the work group beginning
July 1, 2009, and ending June 30, 2010.
(c) To fill the positions created by subsection (a)(7), the
governor shall appoint at least one (1) resident to represent each
congressional district in Indiana. Each individual who was
appointed by the governor as a member of the work group under
P.L.65-2000 (before its expiration) is appointed to serve on the
work group until the governor appoints a successor.
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the work group who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(c) Each member of the work group who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council.
Sec. 9. (a) Except as provided in subsection (b), per diem,
mileage, travel allowances, and other expenses paid to committee
members shall be paid from appropriations made to the
department of natural resources.
(b) Per diem, mileage, and travel allowances paid to committee
members who are members of the general assembly shall be paid
from appropriations made to the legislative council or the
legislative services agency.
Sec. 10. This chapter expires July 1, 2010.
Chapter 4. Interim Study Committee on Alcoholic Beverage
Issues
Sec. 1. As used in this chapter, "committee" refers to the
interim study committee on alcoholic beverage issues established
by section 2 of this chapter.
Sec. 2. The interim study committee on alcoholic beverage issues
is established.
Sec. 3. The committee shall study and make recommendations
to the legislative council concerning the following:
(1) Alcohol server training and employee permits for sales
clerks in dealer establishments.
(2) Additional one, two, or three-way permits for restaurants
in economic development areas.
(3) Displaying alcoholic beverages in separate areas in dealer
establishments.
(4) The historic origins of Indiana alcoholic beverage laws and
the Twenty-first Amendment to the Constitution of the United
States and its place and purpose in the twenty-first century.
each of the affiliate organizations authorized under section 3(1)
through 3(5) of this chapter.
Sec. 2. As used in this chapter, "Project IMPACT USA, Inc."
refers to the national, nonprofit organization known by that name
that seeks to assist states in providing comprehensive family
restoration programs in an effort to assist in reducing juvenile
delinquency and violence among families through personal
empowerment and community involvement.
Sec. 3. Project IMPACT USA, Inc., is authorized to develop and
implement the following five (5) affiliate organizations to be
administered at the following sites:
(1) Project IMPACT Allen in Fort Wayne.
(2) Project IMPACT Lake in Gary.
(3) Project IMPACT Marion in Indianapolis.
(4) Project IMPACT St. Joseph in South Bend.
(5) Project IMPACT Vanderburgh in Evansville.
Sec. 4. Project IMPACT is a comprehensive family restoration
program providing delinquency prevention services to problematic
youth and their families.
Sec. 5. The objectives of Project IMPACT are the following:
(1) To reduce the number of arrests.
(2) To reduce the number of school suspensions.
(3) To reduce the number of youth referred to juvenile courts
for delinquency and unruly behavior.
(4) To increase a troubled youth's ability to cope with daily
problems.
(5) To improve relationships between problematic youth and
parents.
(6) To change conventional methods of youth incarceration by
providing positive alternatives to:
(A) drug abuse;
(B) gangs;
(C) school failure; and
(D) other difficult situations for youth.
(7) To assist problematic youth and their families to:
(A) focus on personal responsibility;
(B) experience achievement;
(C) learn discipline;
(D) develop confidence; and
(E) promote family reconciliation.
Sec. 6. Project IMPACT may provide the following programs:
(1) A juvenile diversion program that consists of:
that the financial institution is resigning as a depository for
the state.
(3) Another law terminates the depository status of the
financial institution.
A financial institution that qualifies under this subsection as a
depository for the state after March 21, 1996, shall be treated after
March 21, 1996, as if the financial institution were designated as a
depository under IC 5-13-10.5.
(b) A financial institution that is a depository for a political
subdivision on March 21, 1996, and any successor financial
institution continues to be a depository for the political subdivision
after March 21, 1996, without reapplying under IC 5-13-10.5 or
IC 5-13-8-1, until the earliest of the following occurs:
(1) The state board of finance revokes the status of the
financial institution as a depository.
(2) The financial institution notifies the state board of finance
or the local board of finance for the political subdivision that
the financial institution is resigning as a depository for the
political subdivision.
(3) Another law terminates the depository status of the
financial institution.
A financial institution that qualifies under this subsection as a
depository for a political subdivision after March 21, 1996, shall be
treated after March 21, 1996, as if the financial institution were
designated as a depository under IC 5-13-8.
(c) Subject to IC 5-13-8-9, a financial institution that is a
depository for the state on March 21, 1996, and any successor
financial institution is eligible after March 21, 1996, to become a
depository for any political subdivision for which the financial
institution is not already a depository without reapplying under
IC 5-13-10.5 or IC 5-13-8-1. A financial institution that qualifies
under this subsection as a depository for a political subdivision
after March 21, 1996, shall be treated after March 21, 1996, as if
the financial institution were designated as a depository under
IC 5-13-8.
(d) The treasurer of state shall add any financial institution that
qualifies as a depository for political subdivisions under subsection
(b) or (c) to the list of depositories eligible to receive the public
funds of political subdivisions under IC 5-13-8-1.
4(a) of this chapter, a person filing a sales disclosure form under
this chapter with respect to a sale of real property that occurs:
(1) after December 31, 2003; and
(2) before January 1, 2012;
shall pay a fee of ten dollars ($10) to the county auditor.
(b) Notwithstanding sections 4(b) and 12(d) of this chapter, fifty
percent (50%) of the revenue collected under:
(1) subsection (a); and
(2) section 12 of this chapter;
for the period referred to in subsection (a) shall be deposited in the
county sales disclosure fund established under section 4.5 of this
chapter. Ten percent (10%) of the revenue collected before July 1,
2005, shall be transferred to the treasurer of state for deposit in the
assessment training and administration fund established by section
4.7 of this chapter. Forty percent (40%) of the revenue collected
before July 1, 2005, shall be transferred to the treasurer of state
for deposit in the state general fund. Fifty percent (50%) of the
revenue collected after June 30, 2005, shall be transferred to the
assessment training and administration fund established by section
4.7 of this chapter.
(c) The department of local government finance may provide
training of assessment officials and employees of the department
through the Indiana chapter of the International Association of
Assessing Officers on various dates and at various locations in
Indiana.
(d) This section expires January 1, 2012.
department's biennial budget request.
department of administration or the security section included for
the purpose of computing all applicable employment rights and
benefits as a state police officer.
contains fuel composed of greater than fifteen percent (15%)
alcohol is considered to comply with section 1(b) of this chapter if
either of the following applies:
(1) The system predates May 11, 2007.
(2) The system predates the solid waste management board's
adoption after May 11, 2007, of any additional rules
concerning technical and safety requirements for storing and
dispensing alcohol blended fuel.
(b) Replacement tanks or ancillary equipment installed in
existing underground storage tank systems storing or dispensing
alcohol blended fuels must meet the standards contained in
additional rules adopted by the solid waste management board as
described in subsection (a)(2) only if the installation occurs after
the adoption of those rules.
governor.
Sec. 4. A lease executed under this chapter may include any
other limitations or restrictions determined necessary by the
director.
Sec. 5. Revenue from a lease under this chapter shall be used
solely for the division of fish and wildlife.
or eligible for listing on the National Register of Historic Places or the
Indiana state register of historic sites and structures requiring that:
(1) mining operations not occur in the areas occupied by the
properties or sites; or
(2) measures be implemented to mitigate the effects of the
operation upon those properties or sites before mining.
(c) The commission shall adopt rules under IC 4-22-2 to implement
this section consistent with the following general principles:
(1) The commission's rules may not prohibit the use of
information from any source and shall recognize the
responsibilities of the state historic preservation officer under
IC 14-21-1-12 and IC 14-21-1-15.
(2) The commission's rules must provide for participation by
professional and amateur archeologists, anthropologists,
historians, or related experts in any:
(A) field investigations;
(B) studies; or
(C) records searches;
required by the director under this section.
(3) The commission's rules must strive to ensure that field
investigations and studies are required only where a substantial
likelihood exists that important and significant archeological or
historic sites are present.
(4) In considering the effect of proposed surface coal mining and
reclamation operations on a property or site eligible for listing on
the National Register of Historic Places, the director shall
consider the following:
(A) Based on information available from the division of
historic preservation and archeology, the relative importance
of the property or site compared to other properties or sites in
Indiana listed on or eligible for listing on the National Register
of Historic Places.
(B) The cost of an investigation of the permit area or site as
estimated by the applicant. A decision that an investigation is
not required may not be based on cost alone.
(5) This section does not authorize rules that impair the ownership
of artifacts or other material found on private land.
(d) The director may do the following:
(1) Investigate the possibility of obtaining available federal or
private:
(A) grants;
(B) subsidies; or
and social services may implement a program to allow two (2) or
more small employers to join together to purchase health
insurance, as described in section 16(8) of this chapter.
(c) The commissioner shall adopt rules under IC 4-22-2
necessary to implement this section.
the dates of general elections, vacancies in offices, and other
events described by the Indiana supreme court in the
following cases:
(A) Howard v. State, 10 Ind. 74 (Ind. 1857).
(B) Greible v. State, 12 N.E. 700 (Ind. 1887).
(C) State v. Menaugh, 51 N.E. 117 (Ind. 1898).
(D) Scott v. State, 52 N.E. 163 (Ind. 1898).
(2) That on many occasions at the beginning of the twentieth
century, the general assembly attempted to standardize the
beginning of the terms of county offices.
(3) That the voters of Indiana approved an amendment to
Article 6, Section 2 of the Constitution of the State of Indiana
at the November 2004 general election authorizing the general
assembly to provide by law for uniform dates for beginning
the terms of county offices.
(4) That the variation in the beginning dates of the terms of
county offices is not a general condition but affects only a
known and fixed set of county offices.
(5) That a statement of a rule applicable to each county office
whose term varies from a uniform date would be clearer in
application than a general statement of a rule to make the
beginning of the terms of those county offices uniform.
(c) The general assembly enacts this chapter to:
(1) provide a rule applicable to each county office whose term
of office deviates from a uniform date as of June 30, 2005; and
(2) implement Article 6, Section 2(b) of the Constitution of the
State of Indiana to provide for a uniform date for beginning
the terms of county offices described in Article 6, Section 2(a)
of the Constitution of the State of Indiana.
Sec. 2. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Adams County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office on January 1, 2008, if the individual
qualifies; and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office on January 1, 2011, if the individual
qualifies; and
(B) serve in the office until January 1, 2015.
Sec. 3. (a) As used in this section, "treasurer" refers to the
treasurer of Adams County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of treasurer at the
November 2004 general election is entitled to serve in the
office until January 1, 2010.
(2) The individual elected to the office of treasurer at the
November 2008 general election is entitled to:
(A) take office on January 1, 2010, if the individual
qualifies; and
(B) serve in the office until January 1, 2013.
(3) The individual elected to the office of treasurer at the
November 2012 general election is entitled to:
(A) take office on January 1, 2013, if the individual
qualifies; and
(B) serve in the office until January 1, 2017.
Sec. 4. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Bartholomew County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office on January 1, 2008, if the individual
qualifies; and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office on January 1, 2011, if the individual
qualifies; and
(B) serve in the office until January 1, 2015.
Sec. 5. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Blackford County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 11. (a) As used in this section, "treasurer" refers to the
treasurer of Clay County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of treasurer at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of treasurer at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of treasurer at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 12. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Clinton County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 18. (a) As used in this section, "recorder" refers to the
recorder of Decatur County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 19. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Delaware County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 20. (a) As used in this section, "auditor" refers to the
auditor of Dubois County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 21. (a) As used in this section, "auditor" refers to the
auditor of Elkhart County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 22. (a) As used in this section, "recorder" refers to the
recorder of Elkhart County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 28. (a) As used in this section, "auditor" refers to the
auditor of Hancock County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 29. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Howard County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
and
(B) serve in the office until January 1, 2015.
Sec. 35. (a) As used in this section, "recorder" refers to the
recorder of Jay County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 36. (a) As used in this section, "auditor" refers to the
auditor of Johnson County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 37. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Johnson County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 38. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Knox County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until March 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office March 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 39. (a) As used in this section, "recorder" refers to the
recorder of Knox County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
November 2004 general election is entitled to serve in the
office until January 1, 2010.
(2) The individual elected to the office of clerk at the
November 2008 general election is entitled to:
(A) take office January 1, 2010, if the individual qualifies;
and
(B) serve in the office until January 1, 2013.
(3) The individual elected to the office of clerk at the
November 2012 general election is entitled to:
(A) take office January 1, 2013, if the individual qualifies;
and
(B) serve in the office until January 1, 2017.
Sec. 43. (a) As used in this section, "auditor" refers to the
auditor of Marshall County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 44. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Marshall County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 45. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Martin County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 46. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Miami County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 47. (a) As used in this section, "auditor" refers to the
auditor of Montgomery County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 53. (a) As used in this section, "recorder" refers to the
recorder of Pulaski County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2004 general election is entitled to serve in the
office until January 1, 2010.
(2) The individual elected to the office of recorder at the
November 2008 general election is entitled to:
(A) take office January 1, 2010, if the individual qualifies;
and
(B) serve in the office until January 1, 2013.
(3) The individual elected to the office of recorder at the
November 2012 general election is entitled to:
(A) take office January 1, 2013, if the individual qualifies;
and
(B) serve in the office until January 1, 2017.
Sec. 54. (a) As used in this section, "treasurer" refers to the
treasurer of Putnam County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of treasurer at the
November 2004 general election is entitled to serve in the
office until January 1, 2010.
(2) The individual elected to the office of treasurer at the
November 2008 general election is entitled to:
(A) take office January 1, 2010, if the individual qualifies;
and
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 60. (a) As used in this section, "auditor" refers to the
auditor of Spencer County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 61. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Spencer County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2004 general election is entitled to serve in the
office until March 1, 2010.
(2) The individual elected to the office of clerk at the
November 2008 general election is entitled to:
(A) take office March 1, 2010, if the individual qualifies;
and
(B) serve in the office until January 1, 2013.
(3) The individual elected to the office of clerk at the
November 2012 general election is entitled to:
(A) take office January 1, 2013, if the individual qualifies;
and
(B) serve in the office until January 1, 2017.
Sec. 62. (a) As used in this section, "recorder" refers to the
recorder of Starke County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 63. (a) As used in this section, "clerk" refers to the clerk of
the circuit court of Steuben County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of clerk at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of clerk at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of clerk at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 64. (a) As used in this section, "auditor" refers to the
auditor of Sullivan County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of auditor at the
November 2002 general election is entitled to serve in the
office until March 15, 2008.
(2) The individual elected to the office of auditor at the
November 2006 general election is entitled to:
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of auditor at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 70. (a) As used in this section, "recorder" refers to the
recorder of Union County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of recorder at the
November 2002 general election is entitled to serve in the
office until January 1, 2008.
(2) The individual elected to the office of recorder at the
November 2006 general election is entitled to:
(A) take office January 1, 2008, if the individual qualifies;
and
(B) serve in the office until January 1, 2011.
(3) The individual elected to the office of recorder at the
November 2010 general election is entitled to:
(A) take office January 1, 2011, if the individual qualifies;
and
(B) serve in the office until January 1, 2015.
Sec. 71. (a) As used in this section, "treasurer" refers to the
treasurer of Vigo County.
(b) Notwithstanding any other law concerning terms of office,
the following apply:
(1) The individual elected to the office of treasurer at the
November 2004 general election is entitled to serve in the
office until January 1, 2010.
(2) The individual elected to the office of treasurer at the
November 2008 general election is entitled to:
(A) take office January 1, 2010, if the individual qualifies;
and
(B) serve in the office until January 1, 2013.
(3) The individual elected to the office of treasurer at the
November 2012 general election is entitled to:
(A) take office January 1, 2013, if the individual qualifies;
and
P.L.63-2007, SECTION 6; P.L.75-2007, SECTION 3; P.L.77-2007, SECTION 5; P.L.145-2007, SECTION 17; P.L.216-2007, SECTION 56; P.L.218-2007, SECTION 61; P.L.221-2007, SECTION 48; P.L.234-2007, SECTION 206; P.L.7-2008, SECTION 1; P.L.60-2008, SECTION 1; P.L.63-2008, SECTION 7; P.L.94-2008, SECTION 68; P.L.145-2008, SECTION 35.