AN ACT to amend the Indiana Code concerning general provisions.
and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of
animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the
Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local
government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel
rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax
review under IC 6-1.1-4-37(l) (repealed) or an emergency rule
adopted by the department of local government finance under
IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana
economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions
under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in
IC 8-15.5-2-10) provided for in a public-private agreement
under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and
establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) (31) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3. IC 31-28-5.8.
(33) (32) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) (33) A rule adopted by the department of financial
institutions under IC 24-4.4-1-101 and determined necessary to
meet an emergency.
(35) (34) An emergency rule adopted by the state board of
pharmacy regarding returning unused medication under
IC 25-26-23.
(36) (35) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) (38) An emergency rule adopted by the office of the secretary
of family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
The authority of the office of the secretary of family and social
services and the office of Medicaid policy and planning to adopt
a rule described in this subdivision expires December 31, 2012.
(38) An emergency rule adopted by the Indiana board of
accountancy or the executive director of the Indiana professional
licensing agency under IC 25-2.1-2-16.
(38) An emergency rule adopted by the Indiana board of
pharmacy declaring a substance to be a synthetic drug under
IC 25-26-13-4.1.
(38) An emergency rule adopted by the Indiana emergency
medical services commission under IC 16-31-3-24.
(b) (a) The following do not apply to rules described in subsection
(a): a rule adopted under this section:
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(b) A rule may be adopted under this section if a statute
delegating authority to an agency to adopt rules authorizes
adoption of such a rule:
(1) under this section; or
(2) in the manner provided by this section.
(c) After a rule described in subsection (a) has been adopted by the
agency, an agency adopts a rule under this section, the agency shall
submit the rule to the publisher for the assignment of a document
control number. 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.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. 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.
(e) 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 the rule is
accepted.
(f) A rule described in subsection (a) adopted by an agency under
this section takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(5) The statutory effective date for an emergency rule set forth in
the statute authorizing the agency to adopt emergency rules.
(g) Subject to subsection (h), (n), IC 14-10-2-5, IC 14-22-2-6,
IC 22-8-1.1-16.1, and IC 22-13-2-8(c), IC 22-13-2-8(d), and
IC 25-2.1-2-16(c) (as added by SEA 330-2012), and except as provided
in subsections (j), (k), and (l), and (n), Unless otherwise provided by
the statute authorizing adoption of the rule:
(1) a rule adopted under this section expires not later than ninety
(90) days after the rule is accepted for filing under subsection (e);
Except for a rule adopted under subsection (a)(13), (a)(24),
(a)(25), or (a)(27), the
(2) a rule adopted under this section may be extended by
adopting another rule under this section, but only for one (1)
extension period; The extension period for a rule adopted under
subsection (a)(28) may not exceed the period for which the
original rule was in effect. A rule adopted under subsection
(a)(13) may be extended for two (2) extension periods. Subject to
subsection (j), a rule adopted under subsection (a)(24), (a)(25), or
(a)(27) may be extended for an unlimited number of extension
periods. Except for a rule adopted under subsection (a)(13), and
(3) for a rule adopted under this section to be effective after one
(1) extension period, the rule must be adopted under:
(1) (A) sections 24 through 36 of this chapter; or
(2) (B) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20),
(a)(21), (a)(29), or (a)(37), or (a)(38) (a)(36) expires on the earlier of
the following dates:
(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.
(i) (h) This section may not be used to readopt a rule under
IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later
than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration
date stated by the board of the Indiana economic development
corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(n) A rule described in subsection (a)(38) expires on June 30 of the
year following the year in which it is filed with the publisher under this
section.
(n) This subsection applies to a rule described in subsection (a)(37).
A rule adopted before January 1, 2013, expires on the earliest 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) June 30, 2013, at 11:59 p.m.
(i) The publisher of the Indiana administrative code shall
annually publish a list of agencies authorized to adopt rules under
this section.
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Subject to section 14 of this chapter, the
commission may:
(1) adopt rules under IC 4-22-2, including emergency rules under
IC 4-22-2-37.1, to implement this article, including rules that
prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing participants
under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is in
the public interest in the conduct of recognized meetings and
wagering on horse racing in Indiana;
(2) appoint employees and fix their compensation, subject to the
approval of the budget agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from an advisory a
development advisory committee established under IC 4-31-11.
(b) An emergency rule adopted by the commission under
subsection (a) expires on the earlier of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a
later rule adopted under IC 4-22-2-24 through IC 4-22-2-36
or under IC 4-22-2-37.1.
including public parks, playgrounds or reservations, or parts
thereof or rights therein, rights-of-way, property, rights,
easements, and interests, as it may deem necessary for carrying
out the provisions of this chapter. The authority may also:
(A) sell, transfer, and convey any such land or any interest
therein so acquired, or any portion thereof, whether by
purchase, condemnation, or otherwise, and whether such land
or interest therein had been public or private, when the same
shall no longer be needed for such purposes; and
(B) transfer and convey any such lands or interest therein as
may be necessary or convenient for the construction and
operation of any toll road project, or as otherwise required
under the provisions of this chapter to a state agency or
political subdivision.
(6) Designate the locations and establish, limit, and control such
points of ingress to and egress from each toll road project as may
be necessary or desirable in the judgment of the authority to
ensure the proper operation and maintenance of such projects, and
to prohibit entrance to such project from any point not so
designated. The authority shall not grant, for the operation of
transient lodging facilities, either ingress to or egress from any
project, including the service areas thereof on which are located
service stations and restaurants, and including toll plazas and
paved portions of the right-of-way. The authority shall cause to be
erected, at its cost, at all points of ingress and egress, large and
suitable signs facing traffic from each direction on the toll road.
Such signs shall designate the number and other designations, if
any, of all United States or state highways of ingress or egress, the
names of all Indiana municipalities with a population of five
thousand (5,000) or more within a distance of seventy-five (75)
miles on such roads of ingress or egress, and the distance in miles
to such designated municipalities.
(7) Make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
under any such contract or agreement, other than:
(A) a contract for compensation for personal services;
(B) a contract with the department under IC 8-9.5-8-7;
(C) a lease with the department under IC 8-9.5-8-8; or
(D) a contract, a lease, or another agreement under IC 8-15.5;
involves an expenditure of more than ten thousand dollars
($10,000), the authority shall make a written contract with the
lowest and best bidder after advertisement for not less than two
(2) consecutive weeks in a newspaper of general circulation in
Marion County, Indiana, and in such other publications as the
authority shall determine. Such notice shall state the general
character of the work and the general character of the materials to
be furnished, the place where plans and specifications therefor
may be examined, and the time and place of receiving bids. Each
bid shall contain the full name of every person or company
interested in it and shall be accompanied by a sufficient bond or
certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance of its proposal
secured. The authority may reject any and all bids. A bond with
good and sufficient surety shall be required by the authority of all
contractors in an amount equal to at least fifty percent (50%) of
the contract price, conditioned upon the faithful performance of
the contract. The authority shall require a bid, performance, and
payment bond from a contractor for a project if the estimated cost
of the project is more than two hundred thousand dollars
($200,000). The authority may require a bid, performance, or
payment bond from a contractor for a project if the estimated cost
of the project is not more than two hundred thousand dollars
($200,000).
(8) Employ consulting engineers, superintendents, managers, and
such other engineers, construction and accounting experts, bond
counsel, other attorneys with the approval of the attorney general,
and other employees and agents as may be necessary in its
judgment to carry out the provisions of this chapter, and to fix
their compensation. However, all such expenses shall be payable
solely from the proceeds of toll road revenue bonds issued under
the provisions of this chapter or from revenues.
(9) Receive and accept from any federal agency, subject to
IC 8-23-3, grants for or in aid of the construction of any toll road
project, and receive and accept aid or contributions from any
source of either money, property, labor, or other things of value,
to be held, used, and applied only for the purposes for which such
grants and contributions may be made, and repay any grant to the
authority or to the department from a federal agency if such
repayment is necessary to free the authority from restrictions
which the authority determines to be in the public interest to
remove.
(10) Establish fees, charges, terms, or conditions for any
expenditures, loans, or other form of financial participation in
projects authorized as public improvements on arterial streets and
roads under section 1 of this chapter.
(11) Accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other aid
from any source and agree to and comply with conditions attached
to the aid.
(12) Accept transfer of a state highway to the authority under
IC 8-23-7-23 and pay the cost of conversion of the state highway
to a toll road project.
(13) Enter into contracts or leases with the department under
IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
or leases agree with the department for coordination of the
operation and the repair and maintenance of toll road projects and
tollways which are contiguous parts of the same public road,
including joint toll collection facilities and equitable division of
tolls.
(14) Enter into public-private agreements under IC 8-15.5 and do
all acts and things necessary or proper to carry out the purposes
set forth in IC 8-15.5.
(15) Adopt rules under IC 4-22-2-37.1 to make changes to
rules related to a toll road project to accommodate the
provisions of a public-private agreement under IC 8-15.5. A
rule adopted under this subdivision expires on the expiration
date stated in the rule.
(15) (16) Do all acts and things necessary or proper to carry out
this chapter.
authority under IC 8-15-2-17.2(a)(10), global positioning systems
and photo or video based toll collection or toll collection
enforcement systems.
(4) Adopt rules under IC 4-22-2-37.1 authorizing the use of
and establishing procedures for the implementation of the
collection of user fees by electronic or other nonmanual
means under subdivision (3). A rule adopted under this
subdivision expires on the expiration date stated by the
authority in the rule.
(b) Notwithstanding subsection (a), no toll or charge shall be made
by the authority under this section or under a public-private agreement
entered into under IC 8-15.5 for:
(1) the operation of temporary lodging facilities located upon or
adjacent to any project, nor may the authority itself operate or
gratuitously permit the operation of such temporary lodging
facilities by other persons without any toll or charge; or
(2) placing in, on, along, over, or under such project, such
telephone, telegraph, electric light or power lines, equipment, or
facilities as may be necessary to serve establishments located on
the project or as may be necessary to interconnect any public
utility facilities on one (1) side of the toll road project with those
on the other side.
(c) All contracts executed by the authority shall be preserved in the
principal office of the authority.
(d) In the case of a toll road project that is not leased to the
department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
each toll road project so that the aggregate of the tolls from the project,
together with other revenues that are available to the authority without
prior restriction or encumbrance, will at least be adequate to pay:
(1) the cost of operating, maintaining, and repairing the toll road
project, including major repairs, replacements, and
improvements;
(2) the principal of and the interest on bonds issued in connection
with the toll road project, as the principal and interest becomes
due and payable, including any reserve or sinking fund required
for the project; and
(3) the payment of principal of and interest on toll road bonds
issued by the authority in connection with any other toll road
project, including any reserve or sinking fund required for the
project, but only to the extent that the authority provides by
resolution and subject to the provisions of any trust agreement
relating to the project.
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 17.2. (a) Notwithstanding IC 9, the authority
may adopt rules:
(1) Establishing weight and size limitations for vehicles using a
toll road project, subject to the following:
(A) The operator of any vehicle exceeding any of the
maximum allowable dimensions or weights as set out by the
authority in rules and regulations shall apply to the authority
in writing, for an application for a special hauling permit,
which application must be in compliance with all the terms
thereof, and which application must be received at least seven
(7) days prior to the time of permitted entry should such permit
be granted. Such permit, if granted, will be returned to the
applicant in duplicate, properly completed and numbered, and
the driver of the vehicle shall have a copy to present to the toll
attendant on duty at the point of entry.
(B) The authority shall assess a fee for issuing a special
hauling permit. In assessing the fee, the authority shall take
into consideration the following factors:
(i) The administrative cost of issuing the permit.
(ii) The potential damage the vehicle represents to the
project.
(iii) The potential safety hazard the vehicle represents.
(2) Establishing the minimum speed that a motor vehicle may be
driven on the interstate defense network of dual highways.
(3) Designating one-way traffic lanes on a toll road project.
(4) Determining the manner of operation of motor vehicles
entering and leaving traffic lanes on a toll road project.
(5) Determining the regulation of U-turns, of crossing or entering
medians, of stopping, parking, or standing, and of passing motor
vehicles on a toll road project.
(6) Determining the establishment and enforcement of traffic
control signs and signals for motor vehicles in traffic lanes,
acceleration and deceleration lanes, toll plazas, and interchanges
on a toll road project.
(7) Determining the limitation of entry to and exit from a toll road
project to designated entrances and exits.
(8) Determining the limitation on use of a toll road project by
pedestrians and aircraft and by vehicles of a type specified in such
rules and regulations.
(9) Regulating commercial activity on a toll road project,
including but not limited to:
subsection does not apply to any highway or street in the state highway
system. Except as provided in subsection (e), local authorities, with
respect to highways under their jurisdiction, may by ordinance:
(1) prohibit the operation of vehicles upon any highway; or
(2) impose restrictions as to the weight of vehicles to be operated
upon any highway;
for a total period not to exceed ninety (90) days in any one (1) year,
whenever any highway by reason of deterioration, rain, snow, or other
climatic conditions will be seriously damaged or destroyed without the
regulation of vehicles.
(b) A local authority adopting an ordinance under subsection (a)
shall erect or cause to be erected and maintained signs specifying the
terms of the ordinance at each end of that part of any highway affected
by the ordinance and at intersecting highways. The ordinance may not
be enforced until the signs are erected and maintained.
(c) Except as provided in subsection (e), local authorities with
respect to highways under their jurisdiction, except highways in the
state highway system and state maintained routes through cities and
towns, may by ordinance do the following:
(1) Prohibit the operation of trucks or other commercial vehicles.
(2) Impose limitations as to the weight, size, or use of those
vehicles on designated highways.
The prohibitions and limitations must be designated by appropriate
signs placed on the highways.
(d) The Indiana department of transportation has the same authority
granted to local authorities in subsections (a) and (c) to determine by
executive order and to impose restrictions as to weight, size, and use of
vehicles operated upon a highway in the state highway system,
including state maintained routes through cities and towns. These
restrictions may not be enforced until signs giving notice of the
restrictions are erected upon the highway or part of the highway
affected by the order.
(e) The commissioner of the Indiana department of
transportation may designate an order adopted under subsection
(d) as an emergency rule and adopt the order in the same manner
as emergency rules are adopted under IC 4-22-2-37.1.
(e) (f) A local authority may not, in an ordinance passed under
subsection (a) or (c), prohibit the operation of buses that are not more
than forty-five (45) feet in length on any segment of the primary system
(as defined in IC 8-23-1-33) that was in existence on June 1, 1991.
under this article, the Indiana department of transportation designates
or determines the location of, necessity for, and extent of:
(1) traffic control devices;
(2) state speed limits, other than maximum limits;
(3) speed limits on elevated structures;
(4) no passing zones;
(5) one-way roadways;
(6) certain lanes for slow moving traffic;
(7) course of turning movements at intersections;
(8) dangerous railroad crossings requiring stops;
(9) through highways and stop intersections;
(10) angle parking; or
(11) restrictions on the use of highways for certain periods or for
certain vehicles, including low speed vehicles;
the designation or determination shall be by order of the commissioner
of the Indiana department of transportation and shall, except for
subdivision (1), be evidenced by official signs or markings under this
article. The commissioner of the Indiana department of
transportation may designate an order adopted under this
subsection as an emergency rule and adopt the order in the same
manner as emergency rules are adopted under IC 4-22-2-37.1.
(b) At a trial of a person charged with a violation of the restrictions
imposed by subsection (a) and in all civil actions, oral evidence of the
location and content of the signs or markings is prima facie evidence
of the adoption and application of the restriction by the Indiana
department of transportation and the validity of the adoption and
application of the restriction. The Indiana department of transportation
shall, upon request by a party in an action at law, furnish, under the seal
of the Indiana department of transportation, a certification of the order
establishing the restriction in question. A certification under this
subsection shall be accepted by any court as conclusive proof of the
designation or determination by the commissioner of the Indiana
department of transportation. Certified copies shall be furnished
without cost to the parties to a court action involving the restriction
upon request.
(c) Whenever, under this article, a permit or permission of the
Indiana department of transportation is required, the permit must be in
writing and under the seal of the Indiana department of transportation.
this chapter on December 31, 2012, expires on the earliest of the
following:
(1) The expiration date stated in the rule.
(2) The date that the rule is amended or repealed by a later
rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or
under IC 4-22-2-37.1.
(3) June 30, 2013, at 11:59 p.m.
(b) This section expires July 1, 2013.
information necessary for the department to process the
application. If an applicant's response does not contain complete
information to satisfy all deficiencies described in a notice of
deficiency, the department shall notify the applicant not later than
thirty (30) working days after receiving the response. The
commissioner shall resume processing the application, and the
period described under sections 1 through 6 of this chapter
resumes on the earlier of the date the department receives and
stamps as received the applicant's complete information or the
date marked by the department on a certified mail return receipt
accompanying the applicant's complete information.
(2) The commissioner receives a written request from an
applicant to:
(A) withdraw; or
(B) defer processing of;
the application for the purposes of resolving an issue related to a
permit or to provide additional information concerning the
application.
(3) The department is required by federal law or by an agreement
with the United States Environmental Protection Agency for a
federal permit program to transmit a copy of the proposed permit
to the administrator of the United States Environmental Protection
Agency for review and possible objections before the permit may
be issued. The period described under sections 1 through 6 of this
chapter shall be suspended from the time the department submits
the proposed permit to the administrator for review until:
(A) the department receives the administrator's concurrence or
objection to the issuance of the proposed permit; or
(B) the period established in federal law by which the
administrator is required to make objections expires without
the administrator having filed an objection.
(4) A board initiates emergency rulemaking under
IC 4-22-2-37.1(a)(13) section 3(b) of this chapter to revise the
period described under sections 1 through 6 of this chapter.
a result of earlier application of the section; and
(c) in no event shall the dollar amounts be reduced below the
amounts appearing in this article on March 5, 1971.
(3) If the Index is revised after December 1967, the percentage of
change shall be calculated on the basis of the revised Index. If the
revision of the Index changes the Reference Base Index, a revised
Reference Base Index shall be determined by multiplying the
Reference Base Index by the ratio of the revised Index to the current
Index, as each was for the first month in which the revised Index is
available. If the Index is superseded, the Index is the one represented
by the Bureau of Labor Statistics as reflecting most accurately changes
in the purchasing power of the dollar for consumers.
(4) The department shall issue an emergency rule under
IC 4-22-2-37.1 announcing:
(a) on or before April 30 of each year in which dollar amounts are
to change, the changes in dollar amounts required by subsection
(2); and
(b) promptly after the changes occur, changes in the Index
required by subsection (3), including, when applicable, the
numerical equivalent of the Reference Base Index under a revised
Reference Base Index and the designation or title of any index
superseding the Index.
An emergency rule adopted under this subsection expires on the
date the department is next required to issue a rule under this
subsection.
(5) A person does not violate this article through a transaction
otherwise complying with this article if the person relies on dollar
amounts either determined according to subsection (2) or appearing in
the last rule of the department announcing the then current dollar
amounts.
IC 4-22-2-37.1.
(g) An emergency rule adopted by the department of financial
institutions under this section expires on the earlier of the following
dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a
later rule adopted under IC 4-22-2-24 through IC 4-22-2-36
or under IC 4-22-2-37.1.