HB 1024-1_ Filed 01/17/2013, 07:22 Thompson


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1024 be amended to read as follows:

SOURCE: Page 1, line 1; (13)MO102402.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 2-5-18-5; (13)MO102402.1. -->     "SECTION 1. IC 2-5-18-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The committee consists of the following eight (8) members: of the general assembly:
        (1) Before July 1, 2013, the following eight (8) members of the general assembly:
             (A) Four (4) members of the house of representatives appointed by the speaker of the house of representatives. Not more than two (2) members appointed under this subdivision clause may be members of the same political party.
            (2) (B) Four (4) members of the senate appointed by the president pro tempore of the senate. Not more than two (2) members appointed under this subdivision clause may be members of the same political party.
         (2) After June 30, 2013, the following five (5) members:
            (A) Two (2) members of the house of representatives appointed by the speaker of the house of representatives. The two (2) members appointed under this clause may not be members of the same political party.
            (B) Two (2) members of the senate appointed by the president pro tempore of the senate. The two (2) members appointed under this clause may not be members of the same political party.
            (C) Either of the following:
                (i) The governor.
                (ii) The governor's designee, who may not be a member of the general assembly. A designee appointed by the governor serves during the tenure of office of the governor, subject to replacement by the governor for any reason.

    (b) This subsection applies to the appointment of the members set forth in subsection (a), other than an appointment of a designee by the governor under subsection (a)(2)(C). The appointing authorities shall make the appointments set forth in subsection (a) as follows:
        (1) In 2013:

             (A) after the adjournment sine die of the first regular session of the one hundred eighteenth general assembly; and
            (B) before July 1, 2013.

         (2) In each even-numbered year, beginning in 2014:
             (A) after the election of the general assembly; and
             (B) before December 1. of each even-numbered year. The appointments remain
         Subject to subsection (c), an appointment made under this subdivision remains in effect until the election of the next general assembly and a subsequent appointment under this subdivision.
    (c) Any vacancy occurring on the committee must be filled by the appointing authority for the unexpired term.
SOURCE: IC 2-5-18-6; (13)MO102402.2. -->     SECTION 2. IC 2-5-18-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) A committee chair shall be appointed from the committee members who are also members of the general assembly as follows:
        (1) In 2013:
            (A) after the adjournment sine die of the first regular session of the one hundred eighteenth general assembly; and
            (B) before July 15;
        the speaker of the house of representatives shall appoint a member of the committee to be chair of the committee during the second regular session of the one hundred eighteenth general assembly.
        (2) In each even-numbered year, beginning in 2014:
            (A) after the election of the general assembly and the appointment of members to the committee under section 5(b)(2) of this chapter; and
            (B) before December 1;
        
the speaker of the house president pro tempore of

representatives the senate shall appoint a member of the committee to be the chair of the committee during the first regular session of each the general assembly that was elected in November of that calendar year. The member appointed to be chair by the speaker president pro tempore serves as chair until the beginning of the second first regular session of that general assembly (b) is adjourned sine die and a chair is appointed under subdivision (3) for the second regular session of that general assembly.
         (3) In each odd-numbered year, beginning in 2015:
            (A) after the adjournment sine die of the first regular session of the general assembly elected in November of the immediately preceding calendar year; and
            (B) before December 1;

        the president pro tempore speaker of the senate house of representatives shall appoint a member of the committee to be chair of the committee during the second regular session of each the general assembly that was elected in November of the immediately preceding calendar year. The member appointed to be chair by the president pro tempore speaker serves as chair until the election of the next general assembly is elected and an appointment is made under subdivision (2) for the next elected general assembly.
    (c) (b) The committee shall meet to organize on the call of the chair not later than:
         (1) July 15, 2013; and
         (2) December 15 of each year thereafter.
The committee shall meet at least once each month at the call of the chair.
     (c) A member of the committee may participate in a committee meeting without being physically present at the place where the meeting is conducted if the meeting is conducted in accordance with section 6.5 of this chapter.

SOURCE: IC 2-5-18-6.5; (13)MO102402.3. -->     SECTION 3. IC 2-5-18-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.5. (a) This section applies to a committee meeting at which at least three (3) committee members are physically present at the place where the meeting is conducted.
    (b) A committee member who is not physically present at the place where a committee meeting is conducted may participate in the meeting by using a means of communication that permits:
        (1) the member;
        (2) all other committee members participating in the meeting; and
        (3) all members of the public physically present at the place where the meeting is conducted;
to communicate simultaneously with each other during the meeting.
    (c) A committee member who participates in a meeting under subsection (b):
        (1) is considered to be present at the meeting;
        (2) shall be counted for purposes of establishing a quorum; and
        (3) may vote at the meeting.
    (d) The memoranda of the meeting must state the name of each member who:
        (1) was physically present at the place where the meeting was conducted;
        (2) participated in the meeting by using a means of communication described in subsection (b); or
        (3) was absent.

SOURCE: IC 2-5-18-7; (13)MO102402.4. -->     SECTION 4. IC 2-5-18-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 7. (a) Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council. These expenses shall be paid from funds appropriated to the legislative council.
     (b) The governor or the governor's designee, if the governor's designee is a state employee, is entitled to the following:
        (1) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (2) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) If the governor's designee is not a state employee, the governor's designee is entitled to the following:
        (1) The salary per diem provided under IC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (3) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

SOURCE: IC 2-5-18-8; (13)MO102402.5. -->     SECTION 5. IC 2-5-18-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8. (a) The committee shall receive and may, at its discretion, review a complaint filed by a person regarding a rule or practice of an agency. This section applies to the following:
         (1) A rule for which the notice required by IC 4-22-2-23 or by IC 13-14-9-3 is published in the Indiana Register by an agency

or the department of environmental management after July 15, 2013.
        (2) A rule for which the notice required under IC 13-14-9-4 is published in the Indiana Register by the department of environmental management after July 15, 2013, if notice under IC 13-14-9-3 is not published in the Indiana Register, as allowed by IC 13-14-9-7.

This section does not apply to an emergency rule.
    (b) The committee may shall review an agency rule, an agency practice, or a failure of an agency to adopt a rule. the proposed rules of any agency that is not listed in IC 4-21.5-2-4.
    (c) The committee may recommend that a proposed rule be modified, repealed, or adopted, approved or disapproved by the governor.
    (d) When appropriate, the committee shall prepare and arrange for the introduction of a bill to clarify the intent of the general assembly when the general assembly enacted a law or to correct the misapplication of a law by an agency.

SOURCE: IC 2-5-18-9; (13)MO102402.6. -->     SECTION 6. IC 2-5-18-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) Five (5) Three (3) members of the committee constitute a quorum.
    (b) The affirmative vote of five (5) three (3) members of the committee is required for the committee to take any action.
SOURCE: IC 2-5-18-10; (13)MO102402.7. -->     SECTION 7. IC 2-5-18-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 10. (a) Notice of the time, place, and agenda of committee meetings may be given in the Indiana Register.
    (b) The committee may require publication of a periodic announcement in the Indiana Register that describes the duties of the committee and the procedure for filing complaints.
    (c) (b) The committee may require publication in the Indiana Register of an account of all or part of the proceedings of the committee.".
SOURCE: Page 7, line 29; (13)MO102402.7. -->     Page 7, after line 29, begin a new paragraph and insert:
SOURCE: IC 4-22-2-20; (13)MO102402.10. -->     "SECTION 10. IC 4-22-2-20, AS AMENDED BY P.L.123-2006, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. (a) Whenever an agency submits a rule to the publisher, the attorney general, the administrative rules oversight committee established by IC 2-5-18-4, or the governor under this chapter, the agency shall submit the rule in the form of a written document that:
        (1) is clear, concise, and easy to interpret and to apply; and
        (2) uses the format, numbering system, standards, and techniques established under section 42 of this chapter.
    (b) After June 30, 2006, all documents submitted to the publisher under this chapter must be submitted electronically in the format specified by the publisher.
     (c) Except as otherwise permitted under section 21 of this chapter, after July 15, 2013, all documents submitted under this chapter to the members of the administrative rules oversight committee established by IC 2-5-18-4 must be submitted in an electronic format under IC 5-14-6.
SOURCE: IC 4-22-2-21; (13)MO102402.11. -->     SECTION 11. IC 4-22-2-21, AS AMENDED BY P.L.123-2006, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 21. (a) As used in this section, "committee" refers to the administrative rules oversight committee established by IC 2-5-18-4.
     (b) 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 matters:
        (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 association.
        (3) A manual of the department of local government finance adopted in a rule described in IC 6-1.1-31-9.
    (b) (c) Each matter incorporated by reference under subsection (a) (b) must be fully and exactly described.
    (c) (d) An agency may refer to a matter that is directly or indirectly referred to in a primary matter by fully and exactly describing the primary matter.
    (d) (e) Subject to subsections (f) and (g), whenever an agency submits a rule to the attorney general, the committee, the governor, or the publisher under this chapter, the agency shall also submit a copy of the full text of each matter incorporated by reference under subsection (a) (b) 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 previously filed with the:
            (A) secretary of state before July 1, 2006; or
            (B) publisher after June 30, 2006.
        (5) Any matter referred to in subsection (c) (d) as a matter that is directly or indirectly referred to in a primary matter.
    (e) (f) Except as provided in subsection (g), an agency may comply with subsection (d) (e) by submitting a paper or an electronic copy of the full text of the matter incorporated by reference.
    (g) The full text of any matter submitted to the committee under subsection (e) must be submitted to the legislative services agency for the committee, and not to individual members of the committee. Notwithstanding subsection (f), if
the matter being submitted is available to the agency in an electronic format, the agency must

submit the matter to the committee in an electronic format.

SOURCE: IC 4-22-2-31.5; (13)MO102402.12. -->     SECTION 12. IC 4-22-2-31.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31.5. (a) As used in this section, "committee" refers to the administrative rules oversight committee established by IC 2-5-18-4.
    (b) This section applies to the following:

         (1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published in the Indiana Register by an agency or the department of environmental management after July 15, 2013.
        (2) A rule for which the notice required under IC 13-14-9-4 is published in the Indiana Register by the department of environmental management after July 15, 2013, if notice under IC 13-14-9-3 is not published in the Indiana Register, as allowed by IC 13-14-9-7.
    (c) After an agency has complied with section 29 of this chapter, or with IC 13-14-9-9(1) or IC 13-14-9-9(2), as applicable, for a rule, and not later than the date on which the agency submits the rule to the attorney general under section 31 of this chapter, the agency shall submit the rule to the committee for a recommendation made under section 32.5 of this chapter. The agency shall submit the following to the committee:
        (1) The rule in the form required by section 20 of this chapter.
        (2) The documents required by section 21 of this chapter.
        (3) Written authorization to proceed issued by the publisher under section 24(g) of this chapter.
        (4) Any other documents specified by the committee.
The committee may require the agency to submit any supporting documentation that the committee considers necessary for the committee's review under section 32.5 of this chapter. The agency may submit any additional supporting documentation the agency considers necessary.

SOURCE: IC 4-22-2-32.5; (13)MO102402.13. -->     SECTION 13. IC 4-22-2-32.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 32.5. (a) As used in this section, "committee" refers to the administrative rules oversight committee established by IC 2-5-18-4.
     (b) This section applies to the following:
         (1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published in the Indiana Register by an agency or the department of environmental management after July 15, 2013.
        (2) A rule for which the notice required under IC 13-14-9-4 is published in the Indiana Register by the department of environmental management after July 15, 2013, if notice

under IC 13-14-9-3 is not published in the Indiana Register, as allowed by IC 13-14-9-7.
     (c) The committee shall review each rule submitted under section 31.5 of this chapter.
    (d) The committee may recommend that the governor approve or disapprove a rule reviewed by the committee under this section.
    (e) The committee has forty-five (45) days from the date that an agency submits a rule under section 31.5 of this chapter to issue a recommendation on the rule. If the committee makes no recommendation with respect to the rule within the time set forth in this subsection, the agency may submit the rule to the governor for approval under section 33 of this chapter without a recommendation from the committee.

     (f) The committee shall halt its consideration of a rule if either of the following occurs during the time described in subsection (e):
        (1) The rule is recalled by the agency.
        (2) The attorney general disapproves the rule under section 32 of this chapter.

SOURCE: IC 4-22-2-40; (13)MO102402.14. -->     SECTION 14. IC 4-22-2-40, AS AMENDED BY P.L.123-2006, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 40. (a) At any time before a rule is accepted for filing by the publisher under section 35, 37.1, or 38 of this chapter, the agency that adopted the rule may recall it. A rule may be recalled regardless of whether: it
         (1) the rule has been disapproved by the attorney general under section 32 of this chapter;
         (2) the administrative rules oversight committee has recommended under section 32.5 of this chapter that the governor disapprove the rule; or
         (3) the rule has been disapproved by the governor under section 34 of this chapter.
    (b) Sections 24 through 38 of this chapter do not apply to a recall action under this section. However, the agency shall distribute a notice of its recall action to the publisher for publication in the Indiana Register. Sections 24 and 26 of this chapter do not apply to a readoption action under subsection (c).
    (c) After an agency recalls a rule, the agency may reconsider its adoption action and adopt an identical rule or a revised rule. However, if sections 24 through 36 of this chapter apply to the recalled rule, the readopted rule must comply with the requirements under section 29 of this chapter.
    (d) The recall of a rule under this section voids any approval given after the rule was adopted and before the rule was recalled.
    (e) If a rule is:
        (1) subject to sections 31, 31.5, and 33 of this chapter;
        (2) recalled under subsection (a); and
        (3) readopted under subsection (c);
the agency shall resubmit the readopted version of the recalled rule to the attorney general, the administrative rules oversight committee established by IC 2-5-18-4, and the governor for approval. The attorney general and the governor have the full statutory period to approve or disapprove the readopted rule. The agency also shall comply with any other applicable approval requirement provided by statute.
    (f) The readopted version of a recalled rule is effective only after the agency has complied with section 35, 37.1, or 38 of this chapter.
SOURCE: ; (13)MO102402.15. -->     SECTION 15. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1024 as printed January 15, 2013.)

________________________________________

Representative Thompson


MO102402/DI 14     2013