Indiana Code ./noncode/1994.html-./noncode/1994.html-./noncode/1994.html

&DNM.1994-1-186
&YENC.1994
&YAMD.1994
    SECTION 186. (a) This act is intended to resolve technical conflicts among acts enacted by the general assembly and to correct other technical errors. This act is not intended to change the effective date of any statute or otherwise result in any substantive change in the law.
    (b) This act does not affect any:
        (1) rights or liabilities accrued;
        (2) penalties incurred;
        (3) violations committed; or
        (4) proceedings begun;
before the effective date of this act. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if this act had not been enacted.
    (c) Any reference in any statute or rule to a statute that is repealed and replaced in the same or a different form in this act shall be treated after the effective date of the new provision as a reference to the new provision.

&DNM.1994-6-9
&YENC.1994
&YAMD.1994
    SECTION 9. (a) This SECTION applies to the most populous township in a county having a population of more than seven hundred thousand (700,000).
    (b) Notwithstanding any other law, the compensation for services that a member of the township legislative body may receive is:
        (1) an annual salary of not more than four thousand dollars ($4,000); and
        (2) a sum of not more than one hundred dollars ($100) for each official meeting of the legislative body in excess of four (4) meetings per year.
    (c) This SECTION expires December 31, 2000.

&DNM.1994-8-3
&YENC.1994
&YAMD.1994
    SECTION 3. (a) As used in this SECTION, "zone business" refers to a business that accesses at least one (1) tax credit or exemption incentive under IC 4-4-6.1.
    (b) Notwithstanding IC 4-4-6.1-2.5, as amended by this act, a zone business, that after August 2, 1993, and on or before December 31, 1993, tendered to the enterprise zone board created under IC 4-4-6.1-1:
        (1) a verified summary of the amount of tax credits and exemptions claimed by the business in the preceding year, as required under IC 4-4-6.1-2.5(a)(1); and
        (2) payment of registration fees, as required under

IC 4-4-6.1-2.5(a)(2);
is deemed to have complied with IC 4-4-6.1-2.5(a) and may not be denied any of the incentives granted to a zone business if the zone business resubmits the verified summary and the zone business' registration fee and pays an additional civil penalty equal to the greater of twenty-five dollars ($25) or fifteen percent (15%) of its registration fees to the enterprise zone board on or before May 1, 1994.

&DNM.1994-11-20
&YENC.1994
&YAMD.1994
SECTION 20. (a) IC 22-5-5, as added by this act, applies only to contracts entered into or renewed after March 31, 1994.
(b) IC 35-50-2-2 and IC 35-50-6-1, both as amended by this act, apply only to an offender (as defined in IC 5-2-12-4, as added by this act) convicted after June 30, 1994.

&DNM.1994-14-10
&YENC.1994
&YAMD.1994
SECTION 10. 910 IAC 1-13-1 is void and may be deleted from the Indiana Administrative Code.

&DNM.1994-14-11
&YENC.1994
&YAMD.1994
    SECTION 11. (a) IC 22-9-1-6, as amended by this act, does not affect:
        (1) rights or liabilities accrued; or
        (2) proceedings begun;
before July 1, 1994. Those rights and liabilities accrued and proceedings begun shall be imposed and enforced under prior law as if this act had not been enacted.
    (b) IC 22-9-8 and IC 22-9.5-11, as added by this act, affect final appealable orders issued by the commission on or after July 1, 1994.

&DNM.1994-16-15
&YENC.1994
&YAMD.1994
    SECTION 15. Notwithstanding the appropriations made in P.L.277-1993(ss), SECTION 5, the following appropriations are made instead of the appropriations made in P.L.277-1993(ss), SECTION 5.
                        Year    Year
                        1993-94    1994-95
SOLID WASTE
MANAGEMENT
    Personal
        Services    3,172,910     3,428,820

    Other Operating
        Expense    1,398,850     1,142,940
    Of the foregoing appropriations, one million eight hundred thirty-five thousand nine hundred ten dollars ($1,835,910) is hereby appropriated from the general fund for each of fiscal year 1993-94 and fiscal year 1994-95, and in state fiscal year 1993-94 from one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and in state fiscal year 1994-95 from the remainder of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1994-95.
HAZARDOUS WASTE
MANAGEMENT
    Total Operating
        Expense    4,130,897     4,130,897
    Of the foregoing appropriations, one million three hundred three thousand forty-seven dollars ($1,303,047) is hereby appropriated from the general fund for each of fiscal year 1993-94 and fiscal year 1994-95, and in state fiscal year 1993-94 from one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and in state fiscal year 1994-95 from the remainder of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1994-95.
OFFICE OF WATER
MANAGEMENT-PERMITTING
    Total Operating
        Expense    6,450,000     7,200,000
    Of the foregoing appropriations, two million nine hundred sixty-six thousand one hundred dollars ($2,966,100) is hereby appropriated from the general fund for fiscal year 1993-94 and three million seventy-seven thousand seven hundred ninety dollars ($3,077,790) is hereby appropriated from the general fund for fiscal year 1994-95, and in state fiscal year 1993-94 from one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and in state fiscal year 1994-95 from the remainder of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1993-94 and one-half (1/2) of the amount deposited in the environmental management permit operation fund created by IC 13-7-16-6.5 in state fiscal year 1994-95.
    The above appropriations may be used to match federal water pollution control funds if the state share of the program does not exceed sixty-seven percent (67%) of the program financed with the

above appropriations. Notwithstanding the percentage limitation in the preceding sentence, if the department of environmental management finds that it is in the best interest of the citizens of Indiana, the department of environmental management shall conduct a state program to the extent that the above appropriations will allow, with the approval of the governor and the state budget agency.
OFFICE OF WATER
MANAGEMENT-NON-PERMITTING
    Total Operating
        Expense    1,657,436     1,638,525
    The foregoing appropriations for the office of water management are hereby appropriated from revenues accruing to the state general fund in an amount not to exceed one million six hundred fifty-seven thousand four hundred thirty-six dollars ($1,657,436) for fiscal year 1993-94 and one million six hundred thirty-eight thousand five hundred twenty-five dollars ($1,638,525) for fiscal year 1994-95.
    The above appropriations may be used to match federal water pollution control funds if the state share of the program does not exceed sixty-seven percent (67%) of the program financed with the above appropriations. Notwithstanding the percentage limitation in the preceding sentence, if the department of environmental management finds that it is in the best interest of the citizens of Indiana, the department of environmental management shall conduct a state program to the extent that the above appropriations will allow, with the approval of the governor and the state budget agency.

&DNM.1994-18-49
&YENC.1994
&YAMD.1994

Effective 1-1-95.

SECTION 49. IC 6-3-2-2.8, as amended by this act, only applies to state taxable years beginning after December 31, 1994.

&DNM.1994-19-18
&YENC.1994
&YAMD.1994
SECTION 18. IC 6-1.1-18.5-20, as added by this act, applies to property taxes first due and payable after December 31, 1994.

&DNM.1994-19-19
&YENC.1994
&YAMD.1994
SECTION 19. IC 6-2.5-5-37, as added by this act, applies to all proposed tax assessments or assessments that are outstanding as of January 1, 1994, or after January 1, 1994, regardless of the tax periods involved.

&DNM.1994-19-20
&YENC.1994
&YAMD.1994

SECTION 20. IC 6-3.1-4-6, as amended by this act, applies to taxable years after December 31, 1991.

&DNM.1994-19-21
&YENC.1994
&YAMD.1994
SECTION 21. IC 6-2.1-5-1.1 and IC 6-3-1-11, as amended by this act, apply to taxable years that begin after December 31, 1993.

&DNM.1994-32-2
&YENC.1994
&YAMD.1994
    SECTION 2. (a) This SECTION applies to a municipality having a population of more than four thousand (4,000) but less than nine thousand (9,000) that is located in a county having a population of more than fifty thousand (50,000) but less than sixty thousand (60,000).
    (b) As used in this SECTION, "designating body" and "economic revitalization area" have the meanings set forth in IC 6-1.1-12.1-1.
    (c) Notwithstanding any other law, a designating body's actions taken after September 1, 1992, and before December 31, 1993, in:
        (1) designating an economic revitalization area; or
        (2) approving a statement of benefits after the initiation of the installation of new manufacturing equipment for which the person desires to claim a deduction under IC 6-1.1-12.1;
are legalized and validated.

&DNM.1994-36-40
&YENC.1994
&YAMD.1994

Effective 7-1-95.

    SECTION 40. With regard to the transfer of responsibility for paying transfer tuition for certain students from the county to the school corporation of the student's legal settlement, as described in IC 20-8.1-6.1-5, as amended by this act, this act does not affect:
        (1) rights or liabilities accrued;
        (2) penalties incurred;
        (3) crimes committed; or
        (4) proceedings begun;
before July 1, 1995. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if this act had not been enacted.

&DNM.1994-36-41
&YENC.1994
&YAMD.1994
SECTION 41. (a) The following appropriations are made in addition to those appropriations made in P.L. 277-1993(ss), SECTION 9 and are made subject to subsections (b) and (c):

                                FY 1993-94
    DISTRIBUTION
        FOR TUITION
        SUPPORT                        783,000
    COMMUNITY RELATIONS
        AND SPECIAL
        POPULATIONS
        SPECIAL EDUCATION
        PRESCHOOL                    3,805,000
    (b) Appropriations made in P.L. 277-1993(ss), SECTION 9, for the primetime program for the 1993-94 fiscal year in an amount not to exceed three million eight hundred five thousand dollars ($3,805,000) that are:
        (1) unexpended; and
        (2) otherwise subject to reversion to the state general fund;
do not revert to the state general fund, but instead shall become appropriations made to community relations and special populations special education preschool described in subsection (a).
    (c) If appropriations are transferred from the primetime program to community relations and special populations special education preschool as described in subsection (b), the appropriation for community relations and special populations special education preschool described in subsection (a) shall be reduced by the amount attributable to the amount transferred under subsection (b).

&DNM.1994-36-42
&YENC.1994
&YAMD.1994
SECTION 42. This act applies to property taxes first due and payable after December 31, 1994.

&DNM.1994-37-4
&YENC.1994
&YAMD.1994
SECTION 4. SECTION 1 and SECTION 3 of this act apply to property taxes first due and payable after December 31, 1994.

&DNM.1994-38-10
&YENC.1994
&YAMD.1994
    SECTION 10. A rule adopted by the Indiana state board of education before January 1, 1994, concerning the primetime program under IC 21-1-29 (before its repeal by P.L.278-1993(ss), SECTION 16), after December 31, 1993, is valid, effective, and considered to be a rule of the Indiana state board of education concerning the primetime program under IC 21-1-30, as added by this act, until the Indiana state board of education adopts a rule under IC 4-22-2 that:
        (1) supersedes in whole or in part the rule adopted under IC 21-1-29; or
        (2) repeals the rule adopted under IC 21-1-29.

&DNM.1994-40-84
&YENC.
&YAMD.
(Repealed by P.L.37-1998, SEC.2.)

&DNM.1994-41-3
&YENC.1994
&YAMD.1994
SECTION 3. A credit provided under IC 6-3.1-13, as added by this act, may be claimed only for taxes owed for taxable years that begin after December 31, 1993. However, the incremental income tax withholdings on which a credit is based may include withholdings from wages paid after December 31, 1993.

&DNM.1994-41-4
&YENC.1994
&YAMD.1994
SECTION 4. IC 8-22-3.5-15, as added by this act, applies to taxable years beginning after December 31, 1990.

&DNM.1994-48-4
&YENC.1994
&YAMD.1994

Effective 1-1-95.

SECTION 4. This act applies to interest that accrues after December 31, 1994.

&DNM.1994-49-11
&YENC.1994
&YAMD.1994
    SECTION 11. (a) This SECTION applies to expenditures made before July 1, 1994.
    (b) As used in this SECTION, "fund" refers to the convention and exhibition fund established under IC 6-9-1-6.
    (c) Notwithstanding IC 6-9-1-6, expenditures made from the fund to promote tourism in St. Joseph County are hereby legalized and validated, regardless of whether the money was directly used by the special funds board of managers to promote a convention and exhibition center.

&DNM.1994-55-6
&YENC.1994
&YAMD.1994
SECTION 6. (a) The Indiana State University board of trustees may issue bonds under IC 20-12-6 for the purpose of refunding or advance refunding of bonds previously issued by the Indiana State University board of trustees under IC 20-12-7 as follows:
(1) Indiana State University Health Center First Mortgage Bonds in the original principal of two million four hundred ninety-five thousand dollars ($2,495,000) dated February 1,

1973.
        (2) Indiana State University Civic Amphitheater First Mortgage Bonds in the original principal amount of six million dollars ($6,000,000) dated November 1, 1973.
        (3) Indiana State University Student Union Refunding and Improvement Bonds, Series B, in the original principal amount of three million dollars ($3,000,000) dated November 1, 1976.
    (b) The principal amount of bonds issued under the authority described in subsection (a) may not exceed the amount necessary to accomplish the refunding or advance refunding, together with the additional amounts that are allowable under IC 20-12-6.
    (c) The refunding bonds issued under the authority described in subsection (a) are not eligible for fee replacement appropriations.

&DNM.1994-55-7
&YENC.1994
&YAMD.1994
    SECTION 7. The board of trustees for the following state educational institutions may issue and sell bonds under IC 20-12-6, subject to the approvals required under IC 20-12-5.5, for the following projects, as long as the cost of acquiring, constructing, remodeling, renovating, furnishing, or equipping the project financed by any series of bonds issued does not exceed the total authority listed below for the project:
    PURDUE UNIVERSITY
        West Lafayette Campus
            Telephone/Computer Network

40,000,000

UNIVERSITY OF SOUTHERN INDIANA
University Center Addition

4,100,000

The projects described in this subsection are not eligible for fee replacement and are not eligible for state plant expansion funding.

&DNM.1994-87-15
&YENC.1994
&YAMD.1994
    SECTION 15. A health ordinance adopted by the county executive of a county having a population of more than one hundred twenty-nine thousand (129,000) but less than one hundred thirty thousand six hundred (130,600) that:
        (1) was adopted after December 31, 1993, and before the effective date of this SECTION; and
        (2) applies to the entire county;
is legalized.

&DNM.1994-95-5
&YENC.1994
&YAMD.1994
SECTION 5. A health ordinance adopted by the county executive of a county having a population of more than one hundred twenty-nine thousand (129,000) but less than one hundred thirty

thousand six hundred (130,600) that:
(1) was adopted after December 31, 1993, and before the effective date of this SECTION; and
(2) applies to the entire county;
is legalized.

&DNM.1994-99-4
&YENC.1994
&YAMD.1994
SECTION 4. This act does not apply to a living will declaration executed before July 1, 1994.

&DNM.1994-113-2
&YENC.1994
&YAMD.1994

Effective 7-1-2001.

    SECTION 2. (a) The initial school year in which a school corporation may receive an additional pupil count distribution for students with chronic attention deficit disorder as permitted under IC 21-3-1.6-3(e), as amended by this act, is the 2002-03 school year.
    (b) To be eligible to receive an additional pupil count distribution described in subsection (a) for the 2002-03 school year, the initial school year in which a school corporation must report to the department of education the number of students who would qualify for the additional pupil count as described in IC 21-3-1.6-3(d)(1), as added by this act, is the 2001-02 school year.
    (c) This SECTION expires July 1, 2003.

&DNM.1994-118-4
&YENC.1994
&YAMD.1994
SECTION 4. Not later than December 31, 1994, the fire prevention and building safety commission shall adopt building rules to carry out IC 22-13-4-1.5, as added by this act.

&DNM.1994-140-16
&YENC.1994
&YAMD.1994
SECTION 16. SECTIONS 1 through 11 of this act apply to crimes committed after June 30, 1994.

&DNM.1994-143-3
&YENC.1994
&YAMD.1994
SECTION 3. IC 31-7-3-15.5, as added by this act, applies to marriages performed before, on, and after the effective date of this act.

&DNM.1994-143-4
&YENC.1994

&YAMD.1994
    SECTION 4. (a) If before the effective date of this act:
        (1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15;
        (2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and
        (3) the court issued an order affirming the marriage as of the date the marriage occurred;
the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate.
    (b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief.
    (c) The state department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.

&DNM.1994-144-5
&YENC.1994
&YAMD.1994
SECTION 5. To the extent applicable, a statute repealed by this act applies to a transfer made or an obligation incurred before July 1, 1994.

&DNM.1994-152-3
&YENC.1994
&YAMD.1994
SECTION 3. A county fiscal body action taken before July 1, 1994, to directly appropriate money from the appropriate source to a sheriff's pension trust plan is legalized and validated to the same extent as if this act had been in effect.

&DNM.1994-156-2
&YENC.1994
&YAMD.1994
SECTION 2. IC 35-33-8-3.1(d), as amended by this act, applies only to the retention or collection of a fee for a bond executed or deposit made after the effective date of this act.

Skip Ender Navigation

accessIndiana