SB 259-1_ Filed 02/10/2005, 11:01
Adopted 2/10/2005

COMMITTEE REPORT




MADAM PRESIDENT:

    The Senate Committee on Governmental Affairs and Interstate Cooperation, to which was referred Senate Bill No. 259, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 10, line 29; (05)AM025901.10. -->     Page 10, line 29, delete "13)" and insert " (13)".
    Page 12, line 19, delete "and".
    Page 12, line 21, after ";" insert " and".
    Page 12, between lines 21 and 22, begin a new line block indented and insert:
        " (4) is published in the Indiana Register and the Indiana Administrative Code before July 1, 2007, under the authority of SEA 259-2005 or otherwise;".
    Page 31, line 40, delete "Subject to subsection (d) and not" and insert " Not".
    Page 32, line 10, delete "and".
    Page 32, line 11, after ";" insert " and".
    Page 32, between lines 11 and 12, begin a new line block indented and insert:
        " (4) has not been published:
            (A) as a final rule in the Indiana Register; or
            (B) in the Indiana Administrative Code or a supplement to the Indiana Administrative Code;
        before July 1, 2005;
".
    Page 32, line 12, delete "attorney general for review under subsection (e)." and insert " publisher for the assignment of a

document control number.".
    Page 32, line 14, delete "attorney".
    Page 32, line 15, delete "general" and insert " publisher".
    Page 32, line 16, delete "attorney general" and insert " publisher".
    Page 32, between lines 19 and 20, begin a new paragraph and insert:
    " (d) After a document control number has been assigned to the rule under subsection (c), the instrumentality of state government shall submit the rule to the secretary of state for filing. A rule submitted under this subsection is exempt from the requirements established by the publisher under IC 4-22-2-42. The secretary of state shall determine the number of copies of the rule to be submitted to the secretary of state under this subsection. If a rule submitted under this subsection incorporates matters described in IC 4-22-2-21(a), the instrumentality may incorporate the matters into the rule by reference, as allowed under IC 4-22-2-21. The secretary of state shall accept a rule for filing under subsection (e) if the instrumentality of state government submits the number of copies required by the secretary of state under this subsection and each copy of the rule includes:
        (1) a reference to the document control number assigned to the rule by the publisher under subsection (c); and
        (2) a statement that the instrumentality of state government submits the rule under the authority of SEA 259-2005.
    (e) Notwithstanding IC 4-22-2-39(a)(3), the secretary of state shall:
        (1) accept a rule submitted under subsection (d) for filing if the rule complies with subsection (d)(1) through (d)(2); and
        (2) file stamp and indicate the date and time the rule is accepted on every duplicate copy submitted.
The secretary of state shall comply with IC 4-22-7-5 upon accepting a rule for filing under this subsection. However, notwithstanding IC 4-22-2-7(d)(2), the secretary of state
shall distribute two (2) duplicate copies of the rule to the attorney general not later than one (1) business day after the date the secretary of state accepts a rule for filing under this subsection.".
    Page 32, delete lines 20 through 35.
    Page 32, line 36, delete "(e)" and insert " (f)".
    Page 32, line 36, delete "under subsection (c) and the".
    Page 32, line 37, delete "accompanying documentation required under subsection (d)," and insert " from the secretary of state under subsection (e),".
    Page 32, line 38, delete "shall" and insert " may".


    Page 32, line 39, delete "shall approve or" and insert " may".
    Page 32, line 40, delete "that is timely submitted under subsection (c)" and insert " reviewed under this subsection".
    Page 32, line 40, delete "notify" and insert " send notice, by certified mail, of the attorney general's determination to the secretary of state, the publisher, and the instrumentality of state government.".
    Page 32, delete lines 41 through 42.
    Page 33, line 1, before "the" insert " Subject to subsection (g),".
    Page 33, line 1, delete "shall" and insert " may".
    Page 33, line 12, delete "(f)" and insert " (g)".
    Page 33, line 12, after "of" delete "the" and insert " a".
    Page 33, line 12, delete "(e)," and insert " (f),".
    Page 33, line 14, delete "(e)(4)," and insert " (f)(4),".
    Page 33, between lines 18 and 19, begin a new paragraph and insert:
    " (h) A rule disapproved by the attorney general under subsection (f) is invalid and does not have the effect of law until:
        (1) the rule is adopted in conformity with IC 4-22-2; and
        (2) any defect described in subsection (f)(1) through (f)(4) is remedied.
    (i) If the attorney general does not issue a notice of disapproval under subsection (f) before April 2, 2006, a rule submitted by an instrumentality of state government under subsection (c) is considered approved, and the publisher may proceed to publish the rule under subsection (j).

    (j) After April 1, 2006, and in any case not later than June 30, 2007, the publisher shall publish in the Indiana Register a rule:
        (1) that is distributed to the publisher by the secretary of state under IC 4-22-7-5(b);
        (2) that contains a statement described in subsection (d)(2); and
        (3) for which the publisher has not received a notice of disapproval from the attorney general under subsection (f);

subject to the publisher's then existing deadline for the submission of a rule for publication.".
    Page 33, delete lines 19 through 42.
    Page 34, delete lines 1 through 28.
    Page 34, line 29, before "publishing" begin a new paragraph and insert:
    " (k) In".
    Page 34, line 29, delete "this subsection," and insert " subsection (j),".
    Page 34, line 35, delete "(k)," and insert " (l),".
    Page 34, line 38, delete "its" and insert " the rule's".
    Page 34, line 39, delete "(k)" and insert " (l)".
    Page 34, line 39, delete "(j)(2)" and insert " (k)(2)".
    Page 34, line 42, delete "(j)(2)," and insert " (k)(2),".
    Page 35, line 6, delete "(c) or" and insert " (c); and".
    Page 35, delete line 7.
    Page 35, line 12, delete "(l)" and insert " (m)".
    Page 35, line 17, delete "(m)" and insert " (n)".
    Page 35, line 20, delete "filed with the attorney".
    Page 35, line 21, delete "general" and insert " submitted to the publisher".
    Page 34, line 23, delete "sent to the" and insert " issued by the attorney general".
    Page 34, line 24, delete "instrumentality of state government".
    Page 34, line 24, delete "(e) or" and insert " (f), if the rule is submitted to the publisher".
    Page 34, line 25, delete "(g), if the rule is sent to the attorney general".
    Page 34, line 27, delete "(e) or (g)." and insert " (f).".
    Page 34, line 28, delete "(n)" and insert " (o)".

    Page 34, line 35, delete "(o)" and insert " (p)".
    Page 34, line 35, delete "December 31, 2006." and insert " July 1, 2007."
    (Reference is to SB 259 as introduced.)

and when so amended that said bill do pass .

Committee Vote: Yeas 7, Nays 0.

____________________________________

Senator Riegsecker, Chairperson


AM 025901/DI 87    2005