Introduced Version






HOUSE BILL No. 1265

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-22-2-24.

Synopsis: Justification for rulemaking. Requires an agency that publishes a notice of intention to adopt a rule that imposes a requirement or cost on a regulated entity to include in the notice a statement justifying the requirement or the cost. Provides that the statement must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary.

Effective: July 1, 2005.





Pond




    January 11, 2005, read first time and referred to Committee on Government and Regulatory Reform.







Introduced

First Regular Session 114th General Assembly (2005)


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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1265



    A BILL FOR AN ACT to amend the Indiana Code concerning state offices and administration.

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

SOURCE: IC 4-22-2-24; (05)IN1265.1.1. -->     SECTION 1. IC 4-22-2-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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.
    (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. 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 the following 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 rule. and
         (3) In a notice published after June 30, 2005, a statement justifying any requirement or cost that is:
            (A) imposed on a regulated entity under the rule, other than a regulated entity that is an instrumentality of state or local government; and
            (B) not expressly required by:
                (i) the statute authorizing the agency to adopt the rule; or
                (ii) any other state or federal law.
        The statement required under this subdivision must include a reference to any data, studies, or analyses relied upon by the agency in determining that the imposition of the requirement or cost is necessary.

        (3) (4) An explanation that:
             (A) the proposed rule; and
             (B) any data, studies, or analysis referenced in a statement under subdivision (3);
        may be inspected and copied at the office of the agency.
However, inadequacy or insufficiency of the subject matter description under subdivision (2) or a statement of justification under subdivision (3) 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.