Introduced Version






SENATE BILL No. 330

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-22-2-38; IC 25-2.1-2-16.

Synopsis: Certified public accountants. Permits the board of accountancy or the executive director of the licensing agency on behalf of the board to adopt a rule that brings another rule into conformity with nationally recognized professional standards governing the competent practice of accountancy by submitting the rule to the publisher of the Indiana Register.

Effective: Upon passage.





Yoder




    January 9, 2012, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 117th General Assembly (2012)


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.
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SENATE BILL No. 330



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

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

SOURCE: IC 4-22-2-38; (12)IN0330.1.1. -->     SECTION 1. IC 4-22-2-38, AS AMENDED BY P.L.123-2006, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 38. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (1) A rule that brings another rule into conformity with section 20 of this chapter.
        (2) A rule that amends another rule to replace an inaccurate reference to a statute, rule, regulation, other text, governmental entity, or location with an accurate reference, when the inaccuracy is the result of the rearrangement of a federal or state statute, rule, or regulation under a different citation number, a federal or state transfer of functions from one (1) governmental entity to another, a change in the name of a federal or state governmental entity, or a change in the address of an entity.
        (3) A rule correcting any other typographical, clerical, or spelling error in another rule.
         (4) A rule under IC 25-2.1-2-16 that brings another rule into

conformity with professional standards governing the competent practice of accountancy that are:
            (A) enacted in a federal or state statute, rule, or regulation; or
            (B) adopted by an agent of the United States, a state, or a nationally recognized organization or association.

    (b) Sections 24 through 37.1 of this chapter do not apply to rules described in subsection (a).
    (c) Notwithstanding any other statute, an agency may adopt a rule described by subsection (a) without complying with any statutory notice, hearing, adoption, or approval requirement. In addition, the governor may adopt a rule described in subsection (a) for an agency without the agency's consent or action.
    (d) A rule described in subsection (a) shall be submitted to the publisher for the assignment of a document control number. The agency (or the governor, for 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.
    (e) After a document control number is assigned, the agency (or the governor, for the agency) shall submit the rule to the publisher for filing. The agency (or the governor, for 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 format of the rule and other documents to be submitted under this subsection.
    (f) Subject to section 39 of this chapter, the publisher shall:
        (1) accept the rule for filing; and
        (2) electronically record the date and time that it is accepted.
    (g) Subject to subsection (h), (i), a rule described in subsection (a) (a)(1), (a)(2), or (a)(3) takes effect on the latest of the following dates:
        (1) The date that the rule being corrected by a rule adopted under this section becomes effective.
        (2) The date that is forty-five (45) days from the date and time that the rule adopted under this section is accepted for filing under subsection (f).
     (h) Subject to subsection (i), a rule described in subsection (a)(4) takes effect on the latest of the following dates:
        (1) The date and time that the rule is accepted for filing under subsection (f).
        (2) The effective date stated by the adopting agency in the rule

or stated in a professional standard incorporated by reference into the rule.
    (h) (i) The governor or the attorney general may file an objection to a rule that is adopted under this section before the date that is forty-five (45) days from the date and time that the rule is accepted for filing under subsection (f). When filed with the publisher, the objection has the effect of invalidating the rule.

SOURCE: IC 25-2.1-2-16; (12)IN0330.1.2. -->     SECTION 2. IC 25-2.1-2-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) The board may adopt a rule under IC 4-22-2-38 to bring another rule into conformity with part or all of the professional standards governing the competent practice of accountancy that are:
        (1) enacted in a federal or state statute, rule, or regulation; or
        (2) adopted by an agent of the United States, a state, or a nationally recognized organization or association, including the AICPA, the International Accounting Standards Board, and the Public Company Accounting Oversight Board.
    (b) The board may, by resolution, authorize the executive director of the Indiana professional licensing agency to adopt one (1) or more rules described in subsection (a) on behalf of the board. The authorization may be limited as determined by the board. The board may revise or terminate an authorization by resolution. The executive director of the Indiana professional licensing agency shall adopt rules under IC 4-22-2-38 in conformity with the resolution adopted by the board. A rule adopted on behalf of the board by the executive director must:
        (1) be signed by the executive director;
        (2) specify on the signature page that the executive director is acting on behalf of the board; and
        (3) be submitted to the publisher of the Indiana Register under IC 4-22-2-38 with a copy of the resolution authorizing the rulemaking.
A rule adopted by the executive director in conformity with this subsection shall be treated as a rule of the board.

     (c) A rule described in subsection (a) or (b) expires on the later of the date:
        (1) specified in the rule; or
        (2) that another rule becomes effective that amends or repeals the previously issued rule.

SOURCE: ; (12)IN0330.1.3. -->     SECTION 3. An emergency is declared for this act.