SB 404-2_ Filed 04/11/2001, 08:49


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 404 be amended to read as follows:

SOURCE: Page 3, line 35; (01)MO040403.3. -->     Page 3, between lines 35 and 36 begin a new paragraph and insert the following:
SOURCE: IC 16-42-5-28; (01)MO040403.12. -->     "SECTION 12. IC 16-42-5-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 28. (a) The state department shall adopt rules under IC 4-22-2 establishing a schedule of civil penalties that may be imposed by the state department to enforce either of the following:
        (1) This chapter.
        (2) Rules adopted to implement this chapter.
    (b) A penalty included in the schedule of civil penalties established under this section may not exceed one thousand dollars ($1,000) for each violation per day.
    (c) The state department may issue an order of compliance or impose a civil penalty included in the schedule of civil penalties established under this section, or both, against a person who does any of the following:
        (1) Fails to comply with this chapter or a rule adopted to implement this chapter.
        (2) Interferes with or obstructs the state department or the state department's designated agent in the performance of duties under this chapter.
    (d) The state department may issue an order of compliance against a person described in subsection (c) under IC 4-21.5-3-6 ,

IC 4-21.5-3-8 , or IC 4-21.5-4. The state department may impose a civil penalty against a person described in subsection (c) only in a proceeding under IC 4-21.5-3-8.
    (e) A proceeding commenced to impose a civil penalty under the schedule of civil penalties established under this section may be consolidated with any other proceeding commenced to enforce either of the following:
        (1) This chapter.
        (2) A rule adopted by the state department to implement this chapter.
".

SOURCE: Page 5, line 32; (01)MO040403.5. -->     Page 5, between lines 32 and 33 begin a new paragraph and insert the following:
SOURCE: ; (01)MO040403.15. -->     "SECTION 15. [EFFECTIVE UPON PASSAGE] IC 16-42-5-28 , as added by this act, applies to violations that occur after June 30, 2001. The state department of health may adopt rules establishing the initial schedule of civil penalties required under IC 16-42-5-28 , as added by this act, at any time after the effective date of this SECTION in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1. An emergency rule adopted under this SECTION expires on the later of:
        (1) the date that permanent rules are adopted to replace the emergency rules; or
        (2) July 1, 2003.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 404 as printed April 9, 2001.)

________________________________________

Representative Grubb


MO040403/DI 105     2001