Introduced Version






HOUSE BILL No. 1272

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-17-2 ; IC 13-18-1 ; IC 13-19-2.

Synopsis: Environmental rulemaking boards. Provides that an environmental rulemaking board shall contract with an individual, a business firm, or a legal firm to act as technical secretary and may contract with an individual or a legal firm to act as legal counsel. With respect to the technical secretary and the legal counsel, eliminates the recommendation of candidates by the governor and designates additional duties. Transfers duties from the department of environmental management to the technical secretary.

Effective: July 1, 2003.





Weinzapfel




    January 13, 2003, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1272



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-17-2-12; (03)IN1272.1.1. -->     SECTION 1. IC 13-17-2-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) The board shall select from a list of three (3) qualified individuals recommended by the governor, contract with:
         (1) an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state;
        (2) a business firm; or
        (3) a legal firm;

to serve as technical secretary of the board.
    (b) During the interim between meetings of the board, The department technical secretary shall do the following:
        (1) Handle correspondence.
        (2) Make or arrange for investigations and surveys.
        (3) Obtain, assemble, or prepare reports and data as directed by the board.
    (c) The technical secretary shall:
         (4) Review all materials prepared for the board by the department to make any necessary revisions.
        (5) Serve as a hearing officer as directed by the board.
        (6) Convene and lead meetings to discuss matters pending before the board.
        (7) Initiate and manage rulemaking efforts in cooperation with the department.

     (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary.
     (d) The technical secretary is not a voting member of the board.
SOURCE: IC 13-17-2-13; (03)IN1272.1.2. -->     SECTION 2. IC 13-17-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. (a) The board may select from a list of three (3) qualified individuals recommended by the governor, contract with:
        (1)
an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state; or
        (2) a legal firm;

to serve as legal counsel.
     (b) The legal counsel shall do the following:
        (1) Advise the board on legal matters or proceedings arising from the exercise of the board's duties.
        (2) Review all materials prepared for the board by the technical secretary and the department for legal accuracy and sufficiency and direct the technical secretary and the department to make any necessary revisions.
    (b) (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board.
SOURCE: IC 13-18-1-11; (03)IN1272.1.3. -->     SECTION 3. IC 13-18-1-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. (a) The board shall select from a list of three (3) qualified individuals recommended by the governor, contract with:
         (1) an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state;
        (2) a business firm; or
        (3) a legal firm;

to serve as technical secretary of the board.
    (b) Between meetings of the board, The department technical secretary shall do the following:
        (1) Handle correspondence.
        (2) Make or arrange for investigations and surveys.
        (3) Obtain, assemble, or prepare reports and data as directed by the board.
    (c) The technical secretary shall:
         (4) Review all materials prepared for the board by the department to make any necessary revisions.
        (5) Serve as a hearing officer as directed by the board.
        (6) Convene and lead meetings to discuss matters pending before the board.
        (7) Initiate and manage rulemaking efforts in cooperation with the department.

     (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary.
     (d) The technical secretary is not a voting member of the board.
SOURCE: IC 13-18-1-12; (03)IN1272.1.4. -->     SECTION 4. IC 13-18-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 12. (a) The board may select from a list of three (3) qualified individuals recommended by the governor, contract with:
        (1)
an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state; or
        (2) a legal firm;

to serve as legal counsel.
     (b) The legal counsel shall do the following:
        (1) Advise the board on legal matters or proceedings arising from the exercise of the board's duties.
        (2) Review all materials prepared for the board by the technical secretary and the department for legal accuracy and sufficiency and direct the technical secretary and the department to make any necessary revisions.
    (b) (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board.
SOURCE: IC 13-19-2-10; (03)IN1272.1.5. -->     SECTION 5. IC 13-19-2-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) The board shall select from a list of three (3) qualified persons recommended by the governor, contract with:
         (1) an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state;
        (2) a business firm; or
        (3) a legal firm;

to serve as technical secretary of the board.
    (b) During the interim between meetings of the board, The department technical secretary shall do the following:
        (1) Handle correspondence.
        (2) Make or arrange for investigations and surveys.
        (3) Obtain, assemble, or prepare reports and data as directed by the board.
    (c) The technical secretary shall:
         (4) Review all materials prepared for the board by the department to make any necessary revisions.
        (5) Serve as a hearing officer as directed by the board.
        (6) Convene and lead meetings to discuss matters pending before the board.
        (7) Initiate and manage rulemaking efforts in cooperation with the department.

     (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary.
     (d) The technical secretary is not a voting member of the board.
SOURCE: IC 13-19-2-11; (03)IN1272.1.6. -->     SECTION 6. IC 13-19-2-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 11. (a) The board may select from a list of three (3) qualified persons recommended by the governor, contract with:
        (1)
an individual who:
            (A) is an
independent third party; who and
            (B)
is not an employee of the state; or
        (2) a legal firm;

to serve as legal counsel.
     (b) The legal counsel shall do the following:
        (1) Advise the board on legal matters or proceedings arising from the exercise of the board's duties.
        (2) Review all materials prepared for the board by the technical secretary and the department for legal accuracy and sufficiency and direct the technical secretary and the department to make any necessary revisions.
    (b) (c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board.