HB 2147-1_ Filed 02/26/2001, 15:20

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
1

MR. SPEAKER:

    Your Committee on       Rules and Legislative Procedures     , to which was referred       House Bill 2147     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning state administration.
    Delete everything after the enacting clause and insert the following:

SOURCE: IC 4-22-2.5-1; (01)CR214701.1. -->     SECTION 1. IC 4-22-2.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This chapter does not apply to the following:
        (1) Rules adopted by the department of state revenue.
        (2) Rules adopted by the state board of tax commissioners.
        (3) Rules adopted under IC 13-14-9 by the department of environmental management or a board that has rulemaking authority under IC 13.
        (4) A rule that incorporates a federal regulation by reference or adopts under a federal mandate a federal regulation in its entirety without substantive additions.
         (5) A rule that is required to receive or maintain:
            (A) delegation;
            (B) primacy; or
            (C) approval;
        for state implementation or operation of a federally mandated program.
        (6) A rule that is required to begin or continue receiving federal funding for the implementation or operation of a program.

SOURCE: IC 4-22-2.5-2; (01)CR214701.2. -->     SECTION 2. IC 4-22-2.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Except as provided in subsection (b), an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect, unless the rule contains an earlier expiration date. The expiration date of a rule under this section is extended each time that a rule amending an unexpired rule takes effect. The rule, as amended, expires on January 1 of the seventh year after the year in which the amendment takes effect.
    (b) An administrative rule that:
        (1) was adopted under IC 4-22-2 ; and
        (2) is in force on December 31, 1995; and
        (3) is not amended by a rule that takes effect after December 31, 1995, and before January 1, 2002;

expires not later than January 1, 2002.
SOURCE: IC 13-14-9.5-1; (01)CR214701.3. -->     SECTION 3. IC 13-14-9.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. This chapter does not apply to the following:
        (1)
A rule that incorporates a federal regulation by reference or adopts under a federal mandate a federal regulation in its entirety without substantive additions.
         (2) A rule that is required to receive or maintain:
            (A) delegation;
            (B) primacy; or
            (C) approval;
        for state implementation or operation of a federally mandated program.
        (3) A rule that is required to begin or continue receiving federal funding for the implementation or operation of a program.

SOURCE: IC 13-14-9.5-2; (01)CR214701.4. -->     SECTION 4. IC 13-14-9.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) Except as

provided in subsection (b), an administrative rule adopted under IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect, unless the rule contains an earlier expiration date. The expiration date of a rule under this section is extended each time that a rule amending an unexpired rule takes effect. The rule, as amended, expires on January 1 of the seventh year after the year in which the amendment takes effect.
    (b) An administrative rule that:
        (1) was adopted under a provision of IC 13; that has been repealed by a recodification of IC 13; and
        (2) is in force on December 31, 1995; and
        (3) is not amended by a rule that takes effect after December 31, 1995, and before January 1, 2002;

expires not later than January 1, 2002.
    (Reference is to HB 2147 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Moses


CR214701/DI 55    2001