HOUSE BILL No. 1331
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-22.
Synopsis: Electronic publication of Indiana Register and IAC.
Requires the legislative services agency, as the publisher of the Indiana
Administrative Code (IAC) and the Indiana Register, to publish the
documents electronically after June 30, 2005. Establishes
administrative rulemaking requirements to facilitate the electronic
editing and publication of the documents.
Effective: July 1, 2004.
January 15, 2004, read first time and referred to Committee on Rules and Legislative
Second Regular Session 113th General Assembly (2004)
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
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.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1331
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-22-2-20; (04)IN1331.1.1. -->
SECTION 1. IC 4-22-2-20 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 20. (a) Whenever an
agency submits a rule to the publisher, the attorney general, the
governor, or the secretary of state under this chapter, the agency shall
submit the rule in the form of a written document that:
(1) is clear, concise, and easy to interpret and to apply; and
(2) uses the format, numbering system, standards, and techniques
established under section 42 of this chapter.
(b) After June 30, 2005, all documents submitted to the
publisher under this chapter must be submitted electronically in
the format specified by the publisher.
SOURCE: IC 4-22-2-24; (04)IN1331.1.2. -->
SECTION 2. IC 4-22-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 24. (a) An agency shall
notify the public of its intention to adopt a rule by complying with the
publication requirements in subsections (b) and (c).
(b) The agency shall cause a notice of a public hearing to be
published once in one (1) newspaper of general circulation in Marion
County, Indiana. To publish the newspaper notice, the agency shall
directly contract with the newspaper. An agency may not contract for
the publication of a notice under this chapter until the agency has
received an LSA document number under this section.
(c) The agency shall cause a notice of public hearing and the full
text of the agency's proposed rule (excluding the full text of a matter
incorporated by reference under section 21 of this chapter) to be
published once in the Indiana Register. To publish the notice and
proposed rule in the Indiana Register, the agency shall submit the text
to the publisher in accordance with subsection (g). The agency shall
submit the rule in the form required by section 20 of this chapter and
with the documents required by section 21 of this chapter. The
publisher shall determine the number of copies of the rule and other
documents to be submitted under this subsection.
(d) The agency shall include in the notice required by subsections
(b) and (c):
(1) a statement of the date, time, and place at which the public
hearing required by section 26 of this chapter will be convened;
(2) a general description of the subject matter of the proposed
(3) an explanation that the proposed rule may be inspected and
copied at the office of the agency.
However, inadequacy or insufficiency of the subject matter description
in a notice does not invalidate a rulemaking action.
(e) Although the agency may comply with the publication
requirements in this section on different days, the agency must comply
with all of the publication requirements in this section at least
twenty-one (21) days before the public hearing required by section 26
of this chapter is convened.
(f) This section does not apply to the solicitation of comments under
section 23 of this chapter.
(g) The publisher shall review materials submitted under this
section and determine the estimated date that the material will
appear in the Indiana Register. After establishing the estimated
publication date, the publisher shall assign the materials an LSA
SOURCE: IC 4-22-7-5; (04)IN1331.1.3. -->
SECTION 3. IC 4-22-7-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The secretary of state shall
retain a duplicate original copy of each rule that has been accepted for
filing by the secretary of state (including documents filed with the
secretary of state under IC 4-22-2-21). The secretary of state has
official custody of an agency's adopted rules.
(b) Within one (1) business day after the date that the secretary of
state accepts a rule for filing, the secretary of state shall distribute two
(2) duplicate copies of the rule to the publisher in
paper the form
specified by the publisher. However, the secretary of state may
distribute the rule without including the full text of any matter
incorporated into the rule.
(c) When the copies are distributed under subsection (b), the
secretary of state shall include a notice briefly describing the
(d) Within ninety (90) days after the secretary of state accepts a rule
for filing, the secretary of state may distribute duplicate originals of the
rule, as follows:
(1) To the governor, one (1) copy.
(2) To the attorney general, one (1) copy.
(3) To the Indiana library and historical department, two (2)
(4) After December 31, 1987, to the commission on public
records, the number of copies needed by the commission for its
archive program under IC 5-15-5.1.
(e) The secretary of state may distribute copies under subsection (d)
in micrographic or electronic form. The micrographic copies shall be
prepared under IC 4-5-1-2.
SOURCE: IC 4-22-8-2; (04)IN1331.1.4. -->
SECTION 4. IC 4-22-8-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) The publisher shall publish
a serial publication with the name Indiana Register at least six (6) times
(b) Notwithstanding any law, after June 30, 2005, the publisher
shall publish the Indiana Register in electronic form only.
SOURCE: IC 4-22-8-5; (04)IN1331.1.5. -->
SECTION 5. IC 4-22-8-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 5. (a) The publisher shall compile,
computerize, index, and print a codification of the general and
permanent rules of the agencies with the name Indiana Administrative
Code. The publisher may publish, with the Indiana Administrative
Code, any tables, explanatory material, or other documents that the
publisher considers appropriate.
(b) The publisher shall establish a system to maintain, supplement,
and recompile the Indiana Administrative Code when necessary or
(c) Notwithstanding any law, after June 30, 2005, the publisher
shall publish the Indiana Administrative Code in electronic form
SOURCE: IC 4-22-8-8; (04)IN1331.1.6. -->
SECTION 6. IC 4-22-8-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 8. (a) Before
a paper or an
electronic (after June 30, 2005) edition or supplement of the Indiana
Administrative Code is printed, the publisher shall deliver an affidavit
to the secretary of state attesting that the text to be published in the
edition or supplement has been compared with the preceding edition,
the preceding supplement (if applicable), and the appropriate original
versions of recently adopted rules and has been found to be correct and
(b) Upon delivery of an affidavit under this section, the secretary of
state shall certify the receipt of the affidavit and the publisher's
assertions for the edition or supplement to which they apply.