HB 1032-1_ Filed 02/18/2004, 16:09 Gard
that Engrossed House Bill 1032 be amended to read as follows:
SOURCE: Page 28, line 36; (04)MO103201.28. -->
Page 28, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 4-22-2-21; (04)MO103201.43. -->
"SECTION 43. IC 4-22-2-21, AS AMENDED BY P.L.90-2002,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 21. (a) If incorporation of the text in full would be
cumbersome, expensive, or otherwise inexpedient, an agency may
incorporate by reference into a rule part or all of any of the following
(1) A federal or state statute, rule, or regulation.
(2) A code, manual, or other standard adopted by an agent of the
United States, a state, or a nationally recognized organization or
(3) A manual of the department of local government finance
adopted in a rule described in IC 6-1.1-31-9.
(b) Each matter incorporated by reference under subsection (a) must
be fully and exactly described.
(c) An agency may refer to a matter that is directly or indirectly
referred to in a primary matter by fully and exactly describing the
(d) Whenever an agency submits a rule to the attorney general, the
governor, or the secretary of state under this chapter, the agency shall
also submit a copy of the full text of each matter incorporated by
reference under subsection (a) into the rule, other than the following:
(1) An Indiana statute or rule.
(2) A form or instructions for a form numbered by the
commission on public records under IC 5-15-5.1-6.
(3) The source of a statement that is quoted or paraphrased in full
in the rule.
(4) Any matter that has been filed with the secretary of state
before the date that the rule containing the incorporation is filed.
(5) Any matter referred to in subsection (c) as a matter that is
directly or indirectly referred to in a primary matter.
(e) An agency may comply with subsection (d) by submitting a
paper or an electronic copy of the full text of the matter
incorporated by reference.
SOURCE: IC 4-22-7-5; (04)MO103201.44. -->
SECTION 44. IC 4-22-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Except as
provided in subsection (f), 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. (2) transfer the secretary of state's original copy of the
(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 form. 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.
(f) If a final rule includes material that has been incorporated
by reference under IC 4-22-2-21, the secretary of state may:
(1) retain custody of the secretary of state's original copy of
the material; or
material to the Indiana library and historical department
when the secretary of state transfers two (2) copies of the
duplicate original rule to the Indiana library and historical
department under this section.".
Renumber all SECTIONS consecutively.
(Reference is to EH 1032 as printed February 17, 2004.)