SB 12-20_ Filed 02/27/2012, 11:06 Clere


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 12 be amended to read as follows:

SOURCE: Page 1, line 1; (12)MO001218.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 2-5-23-21; (12)MO001218.1. -->     "SECTION 1. IC 2-5-23-21 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) During calendar year 2012, the commission shall study the issues related to emergency rulemaking by the office of the secretary of family and social services under IC 12-8-1.5-11 or in order to comply with the federal Patient Protection and Affordable Care Act. The study must include evaluation of the following issues:
        (1) How legislative decisions and other factors make necessary the enactment of the emergency rules.
        (2) The impact of changes that have been made through emergency rules.
        (3) Provider and patient and client concerns and suggestions related to the emergency rulemaking process.
    (b) The commission shall submit to the legislative council findings and recommendations in an electronic format under IC 5-14-6 on the topic assigned to the commission by this section before November 1, 2012.
    (c) This section expires January 1, 2013.
".
SOURCE: Page 5, line 8; (12)MO001218.5. -->     Page 5, line 8, strike "and".
    Page 5, line 8, after "(l)," insert " and (n),".
    Page 5, between lines 41 and 42, begin a new paragraph and insert:
    " (n) This subsection applies to a rule adopted under subsection (a)(19). A rule expires on the earlier of the following:
        (1) The expiration date stated by the adopting agency in the rule.
        (2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
        (3) One hundred eighty (180) days after the rule is accepted for filing under subsection (e).
The rule may be extended
by adopting another emergency rule under subsection (a)(19) for one (1) or more extension periods, if before each extension period the office of the secretary of family and social services publishes a notice in accordance with IC 5-3-1 that explains why it is necessary, in the view of the office of the secretary, to continue the rule as an emergency rule rather than adopt the rule under sections 24 through 36 of this chapter. To be effective, a rule that is not extended as required by this subsection must be adopted under sections 24 through 36 of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 12 as printed February 17, 2012.)

________________________________________

Representative Clere


MO001218/DI 51     2012