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Indiana's new laws starting July 1, 2012

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Many of the laws enacted during the 2012 legislative session take effect July 1. Listed below are the enrolled acts, along with newly assigned public law numbers, that have full or partial July 1 effective dates.

Each new law is followed by a breakdown of the dates on which individual sections take effect. Unless otherwise indicated, effective dates listed are in 2012. If no effective date is indicated, all sections of the new law take effect July 1. For more information on these new laws, visit www.in.gov/legislative/index.htm.

SEA 13 (P.L. 3) Cash assistance point of service and drug reports

SEA 15 (P.L. 110) Brain injury services study and committee (Section 1, March 19; Section 2, July 1)

SEA 18 (P.L. 111) Duty to support a child

SEA 19 (P.L. 112) Real property reassessment (Section 9, Feb. 29; Sections 40 – 41, 43, March 19; Sections 1 – 2, 14 – 15, 39, 54, 57, July 1; Sections 3 – 8, 10 – 13, 16 – 38, 42, 44 – 53, 55 – 56, 58 – 61, Jan. 1, 2013)

SEA 22 (P.L. 113) Conservancy district director compensation

SEA 24 (P.L. 28) Mental health issues (Sections 15, 25, March 14; Sections 1 – 14, 16 – 24, 26, July 1)

SEA 26 (P.L. 114) Title 35 definitions

SEA 32 (P.L. 115) Guardianships

SEA 52 (P.L. 116) HIV testing

SEA 56 (P.L. 29) Ball State board of trustees (Sections 2 – 3, Jan. 1; Sections 1, 4 – 12, July 1)

SEA 97 (P.L. 117) Public intoxication

SEA 98 (P.L. 30) County highway maintenance funding

SEA 107 (P.L. 118) Deadline for adoption of salary ordinances

SEA 109 (P.L. 31) Deposit of public funds by local units

SEA 111 (P.L. 32) Group personal excess and umbrella insurance

SEA 113 (P.L. 60) Golf carts in unincorporated areas

SEA 115 (P.L. 119) Description of political subdivisions (Section 1, March 19; Sections 2 – 79, 81 – 218, 220 – 237, 239 – 251, April 1; Sections 80, 219, 238, July 1)

SEA 127 (P.L. 35) Indiana Public Retirement System (Section 130, March 14; Sections 1 – 129, 131 – 143, July 1)

SEA 128 (P.L. 36) Administration of public retirement plans

SEA 131 (P.L. 37) Environmental matters (Section 60, March 14; Sections 1 – 59, July 1)

SEA 133 (P.L. 38) Underground storage tanks

SEA 144 (P.L. 155) Sales tax on tobacco tax stamping equipment

SEA 147 (P.L. 120) Local government financial matters

SEA 148 (P.L. 4) Portable electronics insurance

SEA 154 (P.L. 40) Operating a motorboat while intoxicated

SEA 156 (P.L. 41) Partition

SEA 157 (P.L. 42) Copy of power of attorney

SEA 168 (P.L. 19) Liability for underground storage tank fees

SEA 173 (P.L. 61) Airport boards

SEA 175 (P.L. 121) Absentee ballot applications

SEA 176 (P.L. 62) Immediate detention orders

SEA 182 (P.L. 88) State educational institutions; credit transfers

SEA 190 (P.L. 156) Termination of parent-child relationship

SEA 191 (P.L. 43) Local government investments

SEA 192 (P.L. 89) Sales of motorcycles on Sunday

SEA 193 (P.L. 90) Financial disclosures by local elected officials (Sections 4 – 5, March 16; Sections 1 – 3, July 1, 2013)

SEA 201 (P.L. 91) Transfer of human organisms exemption

SEA 212 (P.L. 5) Utility facility relocation (Section 2, Feb. 22; Section 1, July 1)

SEA 223 (P.L. 122) State department of health matters

SEA 224 (P.L. 123) Emergency ambulance services report

SEA 231 (P.L. 21) Contracting with persons who invest in Iran

SEA 233 (P.L. 124) Unopposed candidates on municipal election ballot (Sections 1 – 4, 6 – 8, March 19; Section 5, July 1)

SEA 237 (P.L. 63) Noncode statutes

SEA 246 (P.L. 44) Lab technician testimony in criminal cases

SEA 249 (P.L. 22) Record of marriage

SEA 255 (P.L. 45) Various homeland security matters

SEA 256 (P.L. 23) Correctional professionals assistance fund

SEA 257 (P.L. 125) Motor vehicle law (Section 112, Jan. 1; Sections 1 – 111, 113 – 418, July 1)

SEA 259 (P.L. 24) School consolidation executive session

SEA 262 (P.L. 126) IC 4 and IC 5 revision

SEA 267 (P.L. 46) Education concerning child abuse

SEA 268 (P.L. 64) Advisory committee on early education

SEA 271 (P.L. 47) Security deposits and motor vehicle liens

SEA 274 (P.L. 93) Immunity for certain alcohol offenses

SEA 275 (P.L. 127) Real estate brokers (Sections 9, 26, 30, 35 – 36, 39, July 1; Sections 1 – 8, 10 – 25, 27 – 29, 31 – 34, 37 – 38, 40 – 63, July 1, 2014)

SEA 283 (P.L. 65) High school dropout recovery schools

SEA 286 (P.L. 48) Department of Child Services (Sections 2, 9, 13 – 14, 17, 21, 24, 26 – 28, 31 – 38, 40, 43, 55 – 56, March 14; Sections 1, 3 – 8, 10 – 12, 15 – 16, 18 – 20, 22 – 23, 25, 29 – 30, 39, 41 – 42, 44 – 54, 57 – 77, July 1)

SEA 287 (P.L. 128) Department of Child Services

SEA 293 (P.L. 157) Inheritance tax (Sections 2, 6, Jan. 1; Sections 1, 3 – 5, 7 – 15, July 1)

SEA 296 (P.L. 129) Certified scholarship program eligibility

SEA 298 (P.L. 130) Mortgages and liens on real property (Sections 4 – 7, March 19; Sections 1 – 3, July 1)

SEA 301 (P.L. 66) Extra heavy duty highways

SEA 302 (P.L. 158) Technology equipment property tax exemption

SEA 309 (P.L. 67) Local purchasing and public works preferences (Sections 6 – 7, March 15; Sections 1 – 5, July 1)

SEA 311 (P.L. 131) Fiscal impact review for environmental rules

SEA 315 (P.L. 94) Charity gaming

SEA 329 (P.L. 50) Eminent domain filing deadlines

SEA 345 (P.L. 132) Statewide 9-1-1 system (Sections 9, 15 – 16, 19, 22 – 24, March 19; Sections 1 – 8, 10 – 14, 17 – 18, 20 – 21, July 1)

SEA 362 (P.L. 51) White River park foundation

SEA 370 (P.L. 95) Funeral services courtesy cards

SEA 378 (P.L. 52) Conservancy district contracts

SEA 402 (P.L. 53) Indiana uniform law commission

SEA 407 (P.L. 159) Pharmacy technicians

HEA 1002 (P.L. 133) Eliminate commissions, boards and committees (Section 196, March 19; Sections 1 – 5, 9 – 67, 72, 162 – 180, 183 – 195, 197 – 198, July 1; Sections 6 – 8, 68 – 71, 73 – 161, 181 – 182, Jan. 1, 2013)

HEA 1003 (P.L. 134) State agency issues (Sections 2 – 4, 6, 8, 14 – 22, 29 – 31, 34 – 35, July 1; Sections 1, 5, 7, 9 – 13, 23 – 28, 32 – 33, Jan. 1, 2013)

HEA 1004 (P.L. 96) Various election law matters (Sections 1 – 3, 7, March 16; Sections 4 – 6, Jan. 1, 2013)

HEA 1005 (P.L. 135) Nepotism; conflict of interest (Sections 2 – 12, July 1; Section 1, Jan. 1, 2013)

HEA 1009 (P.L. 6) Technical corrections (Sections 1 – 9, 11 – 12, 17, 20 – 23, 25 – 26, 28 – 64, 66 – 72, 75 – 76, 78 – 86, 89, 92 – 95, 97, 99 – 100, 102 – 106, 108 – 120, 123 – 124, 127 – 148, 150 – 158, 161 – 168, 171 – 177, 186 – 199, 201 – 205, 207 – 255, Feb. 22; Sections 10, 13 – 16, 18 – 19, 24, 27, 65, 73 – 74, 77, 87 – 88, 90 – 91, 96, 98, 101, 107, 121 – 122, 125 – 126, 149, 159 – 160, 178 – 185, 200, 206, July 1)

HEA 1015 (P.L. 68) Cemetery access

HEA 1016 (P.L. 7) Design build projects

HEA 1033 (P.L. 69) Conversion of Class D felony to Class A misdemeanor (Sections 2-7, July 1; Section 1, July 1, 2013)

HEA 1034 (P.L. 11) Historic cemeteries

HEA 1040 (P.L. 70) Immunity for fast responders

HEA 1049 (P.L. 136) Problem-solving courts, courts and inspector general matters

HEA 1050 (P.L. 13) Health care sharing ministries

HEA 1052 (P.L. 14) Statewide bid for emergency services equipment

HEA 1054 (P.L. 71) Alcoholic beverage permits in or near historic districts

HEA 1058 (P.L. 26) Adoption of budget for reorganized school

HEA 1059 (P.L. 54) Military family relief fund

HEA 1060 (P.L. 15) Hazardous waste disposal tax

HEA 1065 (P.L. 55) Military custody and parenting time matters

HEA 1072 (P.L. 137) Tax administration (Sections 15 – 16, 46, 49 – 50, 69, 76, 82, 98, 126, Jan. 1; Section 13, March 1; Sections 31, 107, 113, 115 – 116, 128 – 130, 132, March 19; Sections 3, 70, 101, 110, April 1; Sections 1 – 2, 4 – 7, 12, 14, 17 – 21, 23 – 29, 35 – 44, 47 – 48, 52 – 53, 57 – 68, 71 – 75, 77 – 81, 83 – 97, 99 – 100, 102 – 106, 108 – 109, 111, 117 – 124, 131, 133 – 134, July 1; Sections 22, 30, 32 – 34, 45, 51, 54 – 56, 112, 114, 127, Jan. 1, 2013; Section 125, July 1, 2013)

HEA 1080 (P.L. 72) Sexual battery

HEA 1091 (P.L. 73) Agricultural operations

HEA 1092 (P.L. 74) Johnson Superior Court judge

HEA 1107 (P.L. 16) Hydraulic fracturing treatments

HEA 1112 (P.L. 8) Telecommunications providers of last resort

HEA 1116 (P.L. 57) Military education and training

HEA 1117 (P.L. 97) Regional water, sewage or waste districts and utilities

HEA 1123 (P.L. 138) 13th checks (Sections 6 – 9, June 20; Sections 1 – 5, July 1)

HEA 1126 (P.L. 139) Extraterritorial water and sewer rates (Sections 1 – 3, 5 – 6, March 19; Section 4, July 1)

HEA 1128 (P.L. 98) Corn marketing council

HEA 1129 (P.L. 99) State chemist issues (Section 43, March 16; Sections 1 – 42, July 1)

HEA 1134 (P.L. 140) Various education matters (Section 2, April 1; Sections 1, 3, July 1)

HEA 1141 (P.L. 58) Home energy assistance (Section 2, Jan. 1; Section 3, March 14; Section 1, July 1)

HEA 1148 (P.L. 9) Engineer and land surveyor examinations

HEA 1149 (P.L. 141) Smoking ban

HEA 1154 (P.L. 17) Local purchasing and public works preferences

HEA 1163 (P.L. 75) Bonding and retainage in public works projects

HEA 1169 (P.L. 142) School discipline

HEA 1173 (P.L. 76) Various IOSHA matters

HEA 1186 (P.L. 77) Paramedic licensing (Section 21, March 15; Sections 1 – 20, 22 – 64, July 1)

HEA 1189 (P.L. 144) Multiple ADM counts (Section 8, Jan. 1; Section 1, March 19; Sections 2 – 7, 9, July 1)

HEA 1195 (P.L. 146) Property tax appeals (Section 1, Jan. 1; Sections 8 – 12, March 19; Sections 2 – 7, July 1)

HEA 1200 (P.L. 147) Indiana University and Ball State boards

HEA 1205 (P.L. 148) Superintendent contracts

HEA 1207 (P.L. 100) State civil service system

HEA 1211 (P.L. 18) Nursing facility screening and notification

HEA 1212 (P.L. 80) Blue lights on vehicles

HEA 1216 (P.L. 59) Self-donated blood

HEA 1220 (P.L. 101) Commission for higher education

HEA 1226 (P.L. 81) Insurance matters (Sections 1 – 9, 12 – 44, July 1; Sections 10 – 11, Jan. 1, 2013)

HEA 1237 (P.L. 82) Home improvement contracts

HEA 1239 (P.L. 27) Financial institutions and consumer credit (Sections 2-3, 13, 106, Jan. 1; Sections 1, 4 – 12, 14 – 105, 107 – 119, July 1)

HEA 1250 (P.L. 105) State government nepotism

HEA 1258 (P.L. 149) Various estate planning matters (Sections 11, 13 – 16, March 19; Sections 1 – 10, 12, 17 – 19, July 1)

HEA 1264 (P.L. 106) Flood control in Lake County

HEA 1269 (P.L. 150) Health care compact

HEA 1270 (P.L. 107) Commission for higher education (Sections 67, 69, March 16; Sections 1 – 66, 68, July 1)

HEA 1279 (P.L. 151) Various natural resources matters

HEA 1280 (P.L. 152) Regulatory matters (Sections 4, 9, March 19; Sections 1 – 3, 5 – 8, 10 – 14, July 1)

HEA 1283 (P.L. 84) Libraries and historic records

HEA 1294 (P.L. 85) Various securities division matters

HEA 1312 (P.L. 86) Sale of poultry at farmer’s markets (Section 1, May 31; Section 2, July 1)

HEA 1325 (P.L. 153) Sales and use tax exemption for certain aircraft (Sections 1, 3, Jan. 1, 2009; Section 2, Jan. 1, 2011; Sections 4 – 6, July 1)

HEA 1360 (P.L. 154) Anatomical gift promotion fund (Section 2, June 30; Sections 1, 3 – 4, July 1)

HEA 1367 (P.L. 109) Deaf and hearing impaired education services (Sections 1, 17 – 18, March 16; Sections 2 – 13, 14, 15, July 1; Section 16, Oct. 1)

HEA 1376 (P.L. 160) State fiscal matters (Sections 1, 4 – 6, 8 – 41, 46, 51 – 52, 56, 59 – 68, March 20; Sections 7, 42 – 45, 47 – 50, 53 – 55, 57 – 58, July 1; Sections 2 – 3, Jan. 1, 2013) •
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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