SB 373-6_ Filed 04/12/2001, 09:34
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 373 be recommitted to a Committee of One, its sponsor, with specific
instructions to amend as follows:
SOURCE: Page 5, line 40; (01)MO037304.5. -->
Page 5, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 11-8-2-3; (01)MO037304.3. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) The board shall:
(1) adopt rules for the conduct of its own business;
(2) approve or disapprove, before adoption, any rule to be
adopted by the department under
(3) approve or disapprove, before implementation, any
or directive, or other statement of the department,
relating including the commissioner, regardless of its name or
designation, that relates to departmental organization or policy,
including general internal organization, policies, standards,
or procedures applicable to one (1) or more facilities,
programs, or categories of persons under the jurisdiction of
the department, employees, or contractors; and
(4) keep records of all its official actions and make them
accessible according to law.
(b) The board may:
(1) appoint temporary advisory committees for any purpose;
(2) visit and inspect, without notice, any facility or program of
the department, either individually or collectively, to examine the
affairs and condition of the department; and
(3) exercise any other power reasonably necessary in discharging
its duties and powers.
(c) The board has no direct administrative or executive powers
other than those granted by this section.
(d) For purposes of
, the term "rule" as used in subsection
(a)(1) relates solely to internal policy, organization, and procedure not
having the force of law.
(e) This section shall be liberally construed for conduct of the
board after June 30, 2001, to implement the intent of the general
assembly, as first stated in the commentary to the proposed final
draft of the correctional code published by the correctional code
commission in October 1977, to place policy authority in a seven
(7) member board of correction rather than a single department
SOURCE: Page 7, line 22; (01)MO037304.7. -->
Page 7, after line 22, begin a new paragraph and insert:
SOURCE: ; (01)MO037304.8. -->
"SECTION 8. [EFFECTIVE JULY 1, 2001] (a) A bylaw adopted
by the board of correction before October 1, 1980, (the date on
which the enactment of
became effective) is void.
, as amended by this act, applies only to
resolutions, directives, and other statements of the department of
correction, including the commissioner, adopted or amended after
June 30, 2001. However, the board of correction may review and
make recommendations for change for any resolution, directive,
or other statement of the department of correction, including the
commissioner, relating to departmental organization or policy.
Renumber all SECTIONS consecutively.
(Reference is to ESB 373 as reprinted April 12, 2001.)
Representative Smith V
Your Committee of One, to which was referred Engrossed Senate Bill 373, begs leave to report that said bill
has been amended as directed.
MO037304/DI 51 2001