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Wednesday, May 14, 2008

Ind. Law - More on: How much can you rely on what is in the Indiana Code?

Updating this ILB entry from Monday, May 12th, about my article for the May 2008 issue of Res Gestae, titled, "How much can you rely on what is in the Indiana Code? Part I - Noncode sections", here is one of the examples in the article:

IC 24-4-15, a chapter headed "Automated External Defibrillators in Health Clubs," was added to the Indiana Code by Senate Enrolled Act (SEA) 134 of the 2007 General Assembly, and, by its terms, took effect July 1, 2007.

Reading IC 24-4-15 in the online Indiana Code provided by the General Assembly, one sees the requirement in Sec. 5 that an owner or operator of a health club shall ensure that a defibrillator is located on the health club premises and is easily accessible. Sec. 8 provides that a violator commits a Class C infraction.

The logical assumption would be that the defibrillator requirement is in effect. But that would be wrong.

Although each section of the new law went into effect July 1, 2007, the General Assembly added a noncode SECTION 4 to SEA. 134, which reads:

(a) Notwithstanding IC 24-4-15, as added by this act, a health club is not required to comply with IC 24-4-15, as added by this act, before July 1, 2008.

(b) This SECTION expires December 31, 2009. [emphasis added]

This "nothwithstanding" language does not appear in the Indiana Code. But as you can see, it significantly impacts compliance with IC 24-4-15-5.

Posted by Marcia Oddi on May 14, 2008 04:03 PM
Posted to Indiana Law