SB 404-2_ Filed 04/11/2001, 08:49
Adopted 4/11/2001
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WITHDRAWN Noes _______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.)
________________________________________
MO040403/DI 105 2001