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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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