First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2008 Regular Session of the General Assembly.


    SENATE ENROLLED ACT No. 346



     AN ACT to amend the Indiana Code concerning general provisions and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 1-1-5-3; (09)SE0346.1.1. -->
    SECTION 1. IC 1-1-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. The repeal or expiration of a special act incorporating a corporation has no effect on the subsequent reorganization of the corporation under a general statute.
SOURCE: IC 1-1-5-4; (09)SE0346.1.2. -->     SECTION 2. IC 1-1-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. The repeal or expiration of a legalizing or validating statute or part of a statute does not affect the legalization or validation.
SOURCE: IC 1-1-5-5; (09)SE0346.1.3. -->     SECTION 3. IC 1-1-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. (a) This section applies to the repeal or expiration of a statute or part of a statute authorizing either of the following:
        (1) The transfer, conveyance, or acceptance of:
            (A) property;
            (B) powers, duties, and liabilities; or
            (C) rules adopted under IC 4-22-2;
        by a governmental entity.
        (2) Cession or retrocession of jurisdiction over property between the state and the United States.
    (b) The repeal or expiration does not affect the validity of the transfer, conveyance, or acceptance of:
        (1) property;
        (2) powers, duties, and liabilities; or
        (3) rules;
occurring before the effectiveness of the repeal or the date of the expiration.
    (c) The repeal or expiration does not affect the validity of the cession or retrocession of jurisdiction over property between the state and the United States.
SOURCE: IC 1-1-5-7; (09)SE0346.1.4. -->     SECTION 4. IC 1-1-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. Whenever a statute is repealed that nullified an action:
         (1) is repealed; or
        (2) expires;

the action is not approved or ratified unless the approval or ratification is expressly provided in the statute.
SOURCE: IC 1-1-5-8; (09)SE0346.1.5. -->     SECTION 5. IC 1-1-5-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. Whenever a statute is repealed that voided a rule:
         (1) is repealed; or
        (2) expires;

the rule is not revived unless the statute expressly provides for the revival.
SOURCE: IC 1-1-5-9; (09)SE0346.1.6. -->     SECTION 6. IC 1-1-5-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. The repeal or expiration of a statute or part of a statute that:
        (1) sets forth the effective date of a statute or part of a statute; and
        (2) is repealed or expires after the statute or part of a statute has taken effect;
has no effect on the effective date of the statute.
SOURCE: IC 1-1-5-10; (09)SE0346.1.7. -->     SECTION 7. IC 1-1-5-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. The expiration of a statute has the same effect that the repeal of the statute, effective on the date of the expiration of the statute, would have had.
SOURCE: IC 2-5-1.1-17; (09)SE0346.1.8. -->     SECTION 8. IC 2-5-1.1-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 17. It is not the intent of the general assembly in enacting sections 12 (repealed), 13, 14, 15, and 16 of this chapter to 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.

SOURCE: IC 2-5.5; (09)SE0346.1.9. -->     SECTION 9. IC 2-5.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     ARTICLE 5.5. LEGISLATIVE STUDY COMMITTEES
    Chapter 1. General Provisions
    Sec. 1. This chapter applies to all committees established under this article.
    Sec. 2. As used in this chapter, "committee" refers to a commission, a committee, or another body (however designated) established under this article.
    Sec. 3. Except as provided in this article, the legislative services agency shall provide staff support to a committee.
    Sec. 4. Each member of a committee is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
    Sec. 5. The affirmative votes of a majority of the voting members appointed to a committee are required for the committee to take action on any measure, including the final report.
    Sec. 6. Except as otherwise specifically provided by this article, a committee shall operate under the policies and rules of the legislative council.
    Sec. 7. All funds necessary for a committee to carry out its functions shall be paid from appropriations to the legislative council and the legislative services agency.
    Sec. 8. A committee shall submit interim and final reports to the legislative council in an electronic format under IC 5-14-6.
    Sec. 9. Except as otherwise provided by this article, the chapter that establishes a committee expires January 1 of the second year after the chapter takes effect.
    Chapter 2. Sentencing Policy Study Committee
    Sec. 1. As used in this chapter, "committee" refers to the sentencing policy study committee established by section 3 of this chapter.
    Sec. 2. The general assembly finds that a comprehensive study of sentencing laws and policies is desirable in order to:
        (1) ensure that sentencing laws and policies protect the public 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.
            (C) The characteristics of the defendant that mitigate or aggravate the seriousness of the criminal conduct and the punishment deserved for that conduct.
            (D) The number of the defendant's prior convictions.


            (E) The available resources and capacity of the department of correction, local confinement facilities, and community based sanctions.
            (F) The rights of the victim.
        The committee shall include with each set of sentencing structures an estimate of the effect of the sentencing structures on the department of correction and local facilities with respect to both fiscal impact and inmate population.
        (3) Review community corrections and home detention programs for the purpose of:
            (A) standardizing procedures and establishing rules for the supervision of home detainees; and
            (B) establishing procedures for the supervision of home detainees by community corrections programs of adjoining counties.
        (4) Determine the long range needs of the criminal justice and corrections systems and recommend policy priorities for those systems.
        (5) Identify critical problems in the criminal justice and corrections systems and recommend strategies to solve the problems.
        (6) Assess the cost effectiveness of the use of state and local funds in the criminal justice and corrections systems.
        (7) Recommend a comprehensive community corrections strategy based on the following:
            (A) A review of existing community corrections programs.
            (B) The identification of additional types of community corrections programs necessary to create an effective continuum of corrections sanctions.
            (C) The identification of categories of offenders who should be eligible for sentencing to community corrections programs and the impact that changes to the existing system of community corrections programs would have on sentencing practices.
            (D) The identification of necessary changes in state oversight and coordination of community corrections programs.
            (E) An evaluation of mechanisms for state funding and 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.
    Sec. 4. The work group shall meet at the call of the chairperson but may not meet more than four (4) times each year.
    Sec. 5. The work group shall do the following:
        (1) Monitor, review, and coordinate the implementation of the

work group's recommendations issued under P.L.239-1997 and P.L.65-2000.
        (2) Facilitate collaborative efforts among commonly affected state, county, and local governmental entities in cooperation with lake residents and related organizations.
        (3) Conduct public meetings to hear testimony and receive written comments concerning lake resource concerns and the implementation of the work group's recommendations.
        (4) Develop proposed solutions to problems concerning the implementation of the work group's recommendations.
        (5) Review, update, and coordinate the implementation of new and existing recommendations by communicating with the public, the general assembly, and other governmental entities concerning lake resources.
        (6) Review and coordinate the development and maintenance of an Internet web site that includes information on the management of lake and watershed resources.
        (7) Issue reports to the natural resources study committee when directed to do so.
        (8) Review all funding that is used for Indiana's waterways, including potential funding sources that could be used by the general assembly to correct funding problems.
        (9) Issue a final report before July 1, 2010.
    Sec. 6. The work group shall make its reports available to:
        (1) the natural resources study committee;
        (2) the department of natural resources;
        (3) members of the house agriculture, natural resources, and rural development standing committee and the senate natural resources standing committee; and
        (4) the public.
    Sec. 7. The work group is under the direction of the department of natural resources. The department may contract with a facilitator to facilitate the work of the work group. The department of natural resources shall staff the work group.
    Sec. 8. (a) Each member of the work group who is not a state employee is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, 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.


    (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.
    Sec. 4. Before November 1, 2009, the committee shall issue a final report to the legislative council containing the findings and recommendations of the committee.
    Sec. 5. This chapter expires December 31, 2009.

SOURCE: IC 4-23-30; (09)SE0346.1.10. -->     SECTION 10. IC 4-23-30 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 30. Mortgage Lending and Fraud Prevention Task Force
    Sec. 1. As used in this chapter, "task force" refers to the mortgage lending and fraud prevention task force created under section 2 of this chapter.
    Sec. 2. The following agencies shall create the mortgage lending and fraud prevention task force by each appointing an equal number of representatives to serve on the task force:
        (1) The securities division of the office of the secretary of state established under IC 23-19-6-1(a).
        (2) The homeowner protection unit established by the attorney general under IC 4-6-12-2.
        (3) The department of financial institutions established by IC 28-11-1-1.
        (4) The department of insurance created by IC 27-1-1-1.
        (5) The Indiana real estate commission created by IC 25-34.1-2-1.
        (6) The real estate appraiser licensure and certification board created by IC 25-34.1-8-1.
    Sec. 3. The members of the task force annually shall appoint a chair from among the members of the task force. Each year, the chair shall rotate among the agencies set forth in section 2 of this chapter.
    Sec. 4. Subject to section 5 of this chapter, the task force shall meet each month to:
        (1) coordinate the state's efforts to:
            (A) regulate the various participants involved in originating, issuing, and closing home loans;
            (B) enforce state laws and rules concerning mortgage lending practices and mortgage fraud; and
            (C) prevent fraudulent practices in the home loan industry; and
        (2) share information and resources necessary for the efficient administration of the tasks set forth in subdivision (1), unless prohibited by law.
    Sec. 5. With respect to any meeting of the task force:
        (1) one (1) or more members of the task force may participate in the meeting; or
        (2) the meeting may be conducted in its entirety;
by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can communicate with each other. Participation by the means described in this subsection constitutes presence in person at the meeting.
    Sec. 6. (a) Not later than November 1 of each year, the task force shall report to the legislative council on the activities of each agency comprising the task force under section 2 of this chapter with respect to the most recent state fiscal year. The report required under this section must include:
        (1) information on the regulatory activities of each agency described in section 2 of this chapter, including a description of any:
            (A) disciplinary or enforcement actions taken;
            (B) criminal prosecutions pursued;
            (C) rules adopted;
            (D) policies issued; or
            (E) legislative recommendations made;
        concerning the professions involved in originating, issuing, and closing home loans;
        (2) a description of any challenges:
            (A) encountered by the task force during the most recent state fiscal year; or
            (B) anticipated by the task force in the current state fiscal year;
        in carrying out the duties set forth in section 4 of this chapter;
        (3) any additional information required by the legislative council; and
        (4) any recommendations by the task force for legislation necessary to assist the task force in carrying out the duties set forth in section 4 of this chapter.
    (b) A report to the legislative council under this section must be in an electronic format under IC 5-14-6.

SOURCE: IC 5-2-6.2; (09)SE0346.1.11. -->     SECTION 11. IC 5-2-6.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 6.2. Project IMPACT
    Sec. 1. As used in this chapter, "Project IMPACT" refers to 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:
            (A) individual and family counseling;
            (B) personal development workshops;
            (C) referral assistance; and
            (D) case management.


        (2) A school dropout prevention program that consists of:
            (A) counseling and referrals;
            (B) tutoring and mentoring;
            (C) family forums; and
            (D) career education.
        (3) A job training and placement program that consists of:
            (A) career planning;
            (B) job readiness training;
            (C) internships; and
            (D) job placement services.
        (4) A parent education program that consists of:
            (A) teaching parenting skills;
            (B) child and adolescent development;
            (C) behavior modification;
            (D) parental involvement;
            (E) a fatherhood program; and
            (F) a teen parent program.
        (5) Family spirituality counseling to include mentoring and follow-up services sustained through the faith community.
    Sec. 7. Project IMPACT may provide services to problematic youth and their families, including persons referred to Project IMPACT from:
        (1) juvenile courts;
        (2) local schools; and
        (3) community organizations.
    Sec. 8. In order to carry out this chapter, Project IMPACT may enter into a contract with the Indiana criminal justice institute established under IC 5-2-6.

SOURCE: IC 5-13-5-6; (09)SE0346.1.12. -->     SECTION 12. IC 5-13-5-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A financial institution that is a depository for the state on March 21, 1996, and any successor financial institution, continues to be a depository for the state after March 21, 1996, without reapplying under IC 5-13-10.5, until the earliest of the following occurs:
        (1) The board of depositories revokes the status of the financial institution as a depository.
        (2) The financial institution notifies the state board of finance 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.

SOURCE: IC 6-1.1-5.5-13; (09)SE0346.1.13. -->     SECTION 13. IC 6-1.1-5.5-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) Notwithstanding section 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.

SOURCE: IC 6-8.1-3-21; (09)SE0346.1.14. -->     SECTION 14. IC 6-8.1-3-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21. (a) As used in this section, "associate member" has the meaning set forth in bylaw 13(c) of the bylaws of the Multistate Tax Commission, as amended through October 17, 2002.
    (b) As used in this section, "biennium" means a period consisting of two (2) consecutive state fiscal years beginning on July 1 of an odd-numbered year.
    (c) The governor and the commissioner shall take the steps necessary for Indiana to become an associate member of the Multistate Tax Commission (444 North Capitol Street, NW, Suite 425, Washington, DC 20001).
    (d) For a biennium beginning after January 1, 2009, the department shall make a separate request for the cost of membership in the Multistate Tax Commission as part of the department's biennial budget request.

SOURCE: IC 9-18-10-3.5; (09)SE0346.1.15. -->     SECTION 15. IC 9-18-10-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3.5. (a) The bureau and the

department of state revenue may continue to implement any rule or policy adopted before July 1, 2007, requiring a person that owns a semitrailer that is permanently registered under section 3 of this chapter to annually renew the registration.
    (b) The continued implementation of a rule or policy described in subsection (a) is considered compliance with the requirements of sections 2 and 3 of this chapter.

SOURCE: IC 10-11-2-28.1; (09)SE0346.1.16. -->     SECTION 16. IC 10-11-2-28.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28.1. (a) The special police employees of the state police assigned to security activities under IC 10-1-1-29 or IC 10-1-1-30 (before their repeal) initially shall be composed of the employees of the Indiana department of administration who are employed on June 30, 2002, as part of its security officer activity. Civilian employees of the Indiana department of administration who support the security officer activity become employees of the department.
    (b) Except as provided in subsection (c), an employee of the Indiana department of administration who becomes a member of the department under subsection (a) on July 1, 2002:
        (1) is entitled to have the employee's service under the Indiana department of administration before July 1, 2002, included for the purpose of computing all applicable employment rights and benefits with the security section;
        (2) is a member of the state retirement fund or pension plan in which the employee was a member on June 30, 2002; and
        (3) if the employee was covered on June 30, 2002, by a labor agreement to which the state is a party, continues to be subject to the terms and conditions of the agreement and any successor labor agreements entered into by the state.
    (c) An employee of the Indiana department of administration who:
        (1) becomes a member of the department under subsection (a); and
        (2) becomes a state police officer after fulfilling the law enforcement training requirements and all other requirements of the department;
is not entitled to have the employee's service under the Indiana department of administration or the security section included for the purpose of computing all applicable employment rights and benefits as a state police officer.

SOURCE: IC 12-8-1-16; (09)SE0346.1.17. -->     SECTION 17. IC 12-8-1-16 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) The office of the secretary shall:
        (1) cooperate with; and
        (2) assist;
a nonprofit organization with the purpose to implement and administer a program to provide health care to uninsured Indiana residents.
    (b) The office of the secretary shall assist a nonprofit organization that has the purpose described in subsection (a) with the following:
        (1) Determining eligibility of potential participants who have an income of not more than one hundred percent (100%) of the federal poverty level for a program described in this section.
        (2) Issuing a plan card that is valid for one (1) year to an individual if:
            (A) the office of the secretary has determined the individual is eligible for the program; and
            (B) the individual has paid the office of the secretary a registration fee determined by the office.
        (3) Operating a toll free telephone number that provides provider referral services for participants in the program.
        (4) Implementing the program described in this section to combine the resources of the office of the secretary and the nonprofit organization in a manner that would not result in the additional expenditure of state funds.

SOURCE: IC 12-15-2.3-13; (09)SE0346.1.18. -->     SECTION 18. IC 12-15-2.3-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. There is annually appropriated to the office of the secretary of family and social services from the state general fund an amount sufficient to provide services to those individuals eligible for Medicaid under IC 12-15-2-13.5 and this chapter.
SOURCE: IC 12-15-39.6-15; (09)SE0346.1.19. -->     SECTION 19. IC 12-15-39.6-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. An individual who:
        (1) owns, as of January 1, 1998, a qualified long term care policy; and
        (2) has not exhausted the benefits of the qualified long term care policy described in subdivision (1);
is entitled to receive an asset disregard as provided in section 10 of this chapter.

SOURCE: IC 13-17-3-4.5; (09)SE0346.1.20. -->     SECTION 20. IC 13-17-3-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.5. (a) A reference in this section to a provision of the Indiana Administrative Code or Code of Federal Regulations includes a reference to a successor provision.
    (b) As used in this section, "construction" has the meaning set forth in 326 IAC 1-2-21.
    (c) As used in this section, "modification" has the meaning set forth in 326 IAC 1-2-42.
    (d) As used in this section, "operation" has the meaning set forth in 326 IAC 2-1.1-1(11).
    (e) As used in this section, "process" has the meaning set forth in 326 IAC 2-1.1-1(17).
    (f) As used in this section, "regulated pollutant" has the meaning set forth in 326 IAC 1-2-66.
    (g) If a rule of the air pollution control board lists emission units, operations, or processes of which construction or modification are exempt from the requirement to obtain a registration, permit, modification approval, or permit revision, the air pollution control board may not condition the exemption on whether the potential to emit any regulated pollutant from the construction or modification exceeds an emission threshold establishing the requirement to obtain a registration, permit, modification approval, or permit revision under 326 IAC 2.
    (h) This section does not apply to construction or modification:
        (1) subject to federal prevention of significant deterioration requirements as set out in 326 IAC 2-2 and 40 CFR 52.21;
        (2) subject to nonattainment new source review requirements as set out in 326 IAC 2-3;
        (3) at a source that has an operation permit issued under 326 IAC 2-7, where the construction or modification would be considered a Title I modification under 40 CFR Part 70; or
        (4) that would result in the source needing to make a transition to an operating permit issued under 326 IAC 2-6.1, 326 IAC 2-7, or 326 IAC 2-8.

SOURCE: IC 13-23-5-3; (09)SE0346.1.21. -->     SECTION 21. IC 13-23-5-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. (a) An underground storage tank system that 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.

SOURCE: IC 14-15-3-12.5; (09)SE0346.1.22. -->     SECTION 22. IC 14-15-3-12.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12.5. Notwithstanding sections 10, 11, and 12 of this chapter, any exemption to the motorboat speed limit that was:
        (1) granted by the department in response to a petition from a majority of abutting property owners; and
        (2) in effect on August 31, 1985;
remains in effect. However, if a majority of abutting property owners petition the department to rescind or amend the exemption, the department may rescind or amend the exemption.

SOURCE: IC 14-27-7.7; (09)SE0346.1.23. -->     SECTION 23. IC 14-27-7.7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 7.7. Lease of Williams Dam
    Sec. 1. The director may enter into a long term lease of the Williams Dam on the East Fork of the White River in Lawrence County.
    Sec. 2. A lease executed under this chapter must meet the following requirements:
        (1) It must be for the development of hydroelectric power at the Williams Dam Fishing Area.
        (2) It must enhance the recreation and fishing potential of the Williams Dam Fishing Area.
        (3) The initial term of the lease may not exceed forty (40) years.
    Sec. 3. A lease executed under this chapter may provide for renewal at the option of the director, with the approval of the 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.

SOURCE: IC 14-34-3-10; (09)SE0346.1.24. -->     SECTION 24. IC 14-34-3-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The director may require a permit applicant to submit additional information concerning the identity, location, and nature of archeological and historic sites in or within one thousand (1,000) feet of the permit area in accordance with rules adopted by the commission to implement this section.
    (b) In the rules implementing this section, the commission shall provide that the director may require a permit applicant to identify and evaluate important archeological and historic sites through the following:
        (1) Searches of the records of the following:
            (A) Research institutions.
            (B) The state historical preservation office.
        (2) Field investigations.
        (3) Other appropriate investigations according to standards incorporated in the rules.
    (c) The commission's rules must be consistent with the principles set forth in IC 14-34-4-10(c).
     (d) This section and the rules adopted under this section may not be enforced if and to the extent that any federal court holds that the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1328) does not authorize the requirements of records searches, field investigations, or other studies in connection with application for surface coal mining operations.
SOURCE: IC 14-34-4-10; (09)SE0346.1.25. -->     SECTION 25. IC 14-34-4-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) The director may not approve a permit application unless, in addition to the findings required by section 7 of this chapter, the director states in writing that the director has considered the effects of the proposed mining operation on a place listed on or eligible for listing on the National Register of Historic Places or the Indiana state register of historic sites and structures.
    (b) If the director considers it appropriate in accordance with rules adopted by the commission under this section, the director may impose conditions on a permit for the protection of properties or sites listed on 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
            (C) aid;
        to defer the cost to private individuals of measures required by the director under this section.
        (2) Apply for any:
            (A) grants;
            (B) aid; or
            (C) subsidies;
        that the director determines are available.
    (e) In making the finding required by this section, the director shall take into account the general principles set forth in subsection (c).
     (f) This section and the rules adopted under this section may not be enforced if and to the extent that any federal court holds that the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1328) does not authorize the requirements of records searches, field investigations, or other studies in connection with application for surface coal mining operations.
SOURCE: IC 16-41-9-15; (09)SE0346.1.26. -->     SECTION 26. IC 16-41-9-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. In carrying out its duties under this chapter, a public health authority shall attempt to seek the cooperation of cases, carriers, contacts, or suspect cases to implement the least restrictive but medically necessary procedures to protect the public health.
SOURCE: IC 26-1-6.2; (09)SE0346.1.27. -->     SECTION 27. IC 26-1-6.2 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 6.2. Enforcement of Rights and Obligations Under Repealed Uniform Bulk Sales Law
    Sec. 1. Rights and obligations that arose under IC 26-1-6.1 before its repeal by P.L.77-2007 remain valid and may be enforced as though IC 26-1-6.1 had not been repealed.

SOURCE: IC 27-5.1-2-44; (09)SE0346.1.28. -->     SECTION 28. IC 27-5.1-2-44 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 44. A rate or form filed by a farm mutual insurance company before July 1, 2003, is valid and remains in effect notwithstanding the repeal of IC 27-5 and the addition of this article.
SOURCE: IC 27-8-5-16.3; (09)SE0346.1.29. -->     SECTION 29. IC 27-8-5-16.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16.3. (a) As used in this section, "small employer" has the meaning set forth in IC 27-8-15-14.
    (b) The commissioner and the office of the secretary of family 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.

SOURCE: IC 32-21-7-2; (09)SE0346.1.30. -->     SECTION 30. IC 32-21-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession.
     (b) A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-2-13) after June 30, 1998.
SOURCE: IC 32-31-3-1.1; (09)SE0346.1.31. -->     SECTION 31. IC 32-31-3-1.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.1. Rental agreements entered into before July 1, 1989, remain valid and may be terminated, completed, consummated, or enforced as though this chapter had not been enacted.
SOURCE: IC 34-26-5-20; (09)SE0346.1.32. -->     SECTION 32. IC 34-26-5-20 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 20. (a) A protective order issued before July 1, 2002, under IC 31-34-17, IC 31-37-16, or IC 34-26-2 (before their repeal) remains in effect for the period indicated in the court order granting the protective order.
    (b) A protective order issued before July 1, 2002, under IC 31-14-16 or IC 31-15-5 remains in effect for the period indicated in the court order granting the protective order.
    (c) After June 30, 2002, a protected person must use the forms developed by the division of state court administration under section 3 of this chapter if the person is seeking an extension or a modification of an order issued under subsection (a) or (b).

SOURCE: IC 36-2-8.5; (09)SE0346.1.33. -->     SECTION 33. IC 36-2-8.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 8.5. Election and Terms of Office of Certain County Officers
    Sec. 1. (a) As used in this section, "county office" has the meaning set forth in IC 36-1-8-15.
    (b) The general assembly finds the following:
        (1) That due to events that occurred at different times in Indiana's history, the beginning of the terms of certain elected county offices varies from a uniform date due to changes in 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:
        (1) The individual elected to the office of clerk 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 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. 6. (a) As used in this section, "recorder" refers to the recorder of Blackford 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. 7. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Brown 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. 8. (a) As used in this section, "recorder" refers to the recorder of Cass 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. 9. (a) As used in this section, "auditor" refers to the auditor of Clark 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. 10. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Clark 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. 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
            (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. 13. (a) As used in this section, "recorder" refers to the recorder of Clinton 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. 14. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Daviess 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 13, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office March 13, 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. 15. (a) As used in this section, "coroner" refers to the coroner of Daviess County.
    (b) Notwithstanding any other law concerning terms of office, the following apply:
        (1) The individual elected to the office of coroner 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 coroner 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 coroner 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. 16. (a) As used in this section, "recorder" refers to the recorder of Dearborn 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. 17. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Decatur 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. 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:
            (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. 23. (a) As used in this section, "auditor" refers to the auditor of Fayette 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. 24. (a) As used in this section, "auditor" refers to the auditor of Franklin 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. 25. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Franklin 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 February 14, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office February 14, 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. 26. (a) As used in this section, "recorder" refers to the recorder of Grant 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. 27. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Hamilton 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. 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
            (B) serve in the office until January 1, 2015.
    Sec. 30. (a) As used in this section, "auditor" refers to the auditor of Huntington 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. 31. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Huntington 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. 32. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Jackson 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 February 25, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office February 25, 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. 33. (a) As used in this section, "treasurer" refers to the treasurer of Jackson 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
            (B) serve in the office until January 1, 2017.
    Sec. 34. (a) As used in this section, "auditor" refers to the auditor of Jay 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. 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:
            (A) take office January 1, 2011, if the individual qualifies; and
            (B) serve in the office until January 1, 2015.
    Sec. 40. (a) As used in this section, "auditor" refers to the

auditor of Kosciusko 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. 41. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Lake 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. 42. (a) As used in this section, "clerk" refers to the clerk of the circuit court of LaPorte 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 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:
        (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. 48. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Porter 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. 49. (a) As used in this section, "recorder" refers to the recorder of Porter 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. 50. (a) As used in this section, "treasurer" refers to the treasurer of Porter 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
            (B) serve in the office until January 1, 2017.
    Sec. 51. (a) As used in this section, "auditor" refers to the auditor of Posey 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. 52. (a) As used in this section, "recorder" refers to the recorder of Posey 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. 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
            (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
            (B) serve in the office until January 1, 2017.
    Sec. 55. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Randolph 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 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. 56. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Ripley 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 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. 57. (a) As used in this section, "recorder" refers to the recorder of Ripley 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. 58. (a) As used in this section, "auditor" refers to the auditor of St. Joseph 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. 59. (a) As used in this section, "recorder" refers to the recorder of Shelby 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. 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:
            (A) take office March 15, 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. 65. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Sullivan 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 15, 2008.
        (2) The individual elected to the office of clerk at the November 2006 general election is entitled to:
            (A) take office March 15, 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. 66. (a) As used in this section, "treasurer" refers to the treasurer of Sullivan 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
            (B) serve in the office until January 1, 2017.
    Sec. 67. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Switzerland 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. 68. (a) As used in this section, "treasurer" refers to the treasurer of Switzerland 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
            (B) serve in the office until January 1, 2017.
    Sec. 69. (a) As used in this section, "auditor" refers to the auditor of Union 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. 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
            (B) serve in the office until January 1, 2017.
    Sec. 72. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Wabash 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. 73. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Warren 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. 74. (a) As used in this section, "clerk" refers to the clerk of the circuit court of Whitley 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. 75. (a) As used in this section, "recorder" refers to the recorder of Whitley 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. 76. This chapter expires January 1, 2018.

    SECTION 34. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2009]: P.L.119-1986, SECTION 3; P.L.368-1987, SECTION 1; P.L.108-1988, SECTION 8; P.L.277-1989, SECTION 2; P.L.18-1996, SECTION 37; P.L.113-1997, SECTION 3; P.L.86-1998, SECTION 2; P.L.101-1999, SECTION 8; P.L.65-2000, SECTION 1; P.L.112-2000; SECTION 8; P.L.152-2001, SECTION 4; P.L.179-2001, SECTION 6; P.L.123-2002, SECTION 55; P.L.133-2002, SECTION 70; P.L.1-2003, SECTION 107; P.L.127-2003, SECTION 1; P.L.129-2003, SECTION 17; P.L.140-2003, SECTION 1; P.L.245-2003, SECTION 37; P.L.28-2004, SECTION 195; P.L.61-2005, SECTION 1; P.L.88-2005, SECTIONS 19 through 93; P.L.228-2005, SECTION 31; P.L.35-2006, SECTION 1; P.L.138-2006, SECTION 16; P.L.139-2006, SECTION 11; P.L.140-2006, SECTION 47; P.L.173-2006, SECTION 56; P.L.173-2006, SECTION 62; 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.


SEA 346

Figure

Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned