Indiana House Bill HB1100 Introduced / Bill

                     
Introduced Version
HOUSE BILL No. 1100
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 4-3-28; IC 4-4-41-11; IC 4-21.5-5; IC 4-22;
IC 4-30-3-9; IC 4-31-3-9; IC 5-2-23-9; IC 5-20-9-8; IC 5-28-5-8;
IC 5-33-5-8; IC 6-8.1-16.3-9; IC 8-1; IC 8-2.1-28-5; IC 8-15-2;
IC 8-15.5-7-8; IC 8-23-5-10; IC 9-17-5-6; IC 9-20-1-5; IC 9-30-6-5.5;
IC 12-13-16-13; IC 13-14; IC 13-15-4-3; IC 16-31-3-24;
IC 16-42-5-0.3; IC 20-49-10-13; IC 22-13-2-11.5; IC 24-4.4-1-101;
IC 24-4.5; IC 24-5-26.5-13; IC 24-14-10-3; IC 25-1-1.1-6;
IC 25-2.1-2-16; IC 25-26; IC 25-34.1-11-15.5; IC 34-55-10-2.5.
Synopsis: Agency oversight and rulemaking procedures. Requires a
court to try disputed issues of fact de novo in a judicial review of an
agency action. Provides that the burden of proving the validity of an
agency action is on the agency. Requires the court in a judicial review
of an agency action to review all issues of law and fact de novo and
without deference to any previous interpretation made by the agency.
Requires an agency to repeal a rule before the agency may adopt a new
rule that requires or prohibits an action on behalf of a person. Prohibits
an executive order issued by the governor from being effective for
more than 180 days unless the legislative council approves the
extended enforcement of the executive order. Requires an agency to
submit an emergency rule to the attorney general for review and
approval before the emergency rule may take effect. Provides that
emergency rules may not be effective for a period that exceeds 180
days. Provides that certain emergency rules expire not more than two
years after the rule takes effect. Requires an agency adopting an
administrative rule to submit an economic impact statement and an
explanation of any penalty, fine, or other similar negative impact
included in the proposed rule to the publisher of the Indiana
administrative code (publisher). Requires the publisher to provide a
copy of the materials concerning a proposed rule or pending readoption 
(Continued next page)
Effective:  July 1, 2022.
Bartels
January 4, 2022, read first time and referred to Committee on Government and Regulatory
Reform.
2022	IN 1100—LS 6770/DI 125 Digest Continued
to the members of the appropriate standing committee. Provides that
administrative rules expire on July 1 of the fourth year after the year in
which the rule takes effect (instead of January 1 of the seventh year
after the year in which the rule takes effect). Requires an agency
intending to readopt an administrative rule to provide to the publisher,
not later than January 1 of the third year after the year in which the rule
most recently took effect: (1) notice of; and (2) information concerning;
the pending readoption. Makes corresponding changes.
2022	IN 1100—LS 6770/DI 1252022	IN 1100—LS 6770/DI 125 Introduced
Second Regular Session of the 122nd General Assembly (2022)
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.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1100
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-3-28 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]:
4 Chapter 28. Expiration of Executive Orders and Proclamations
5 Sec. 1. This chapter applies to the exercise of the governor's
6 authority under the state constitution or another law to adopt an
7 executive order or proclamation, regardless of the name used to
8 identify the executive order or proclamation.
9 Sec. 2. An executive order or proclamation issued by the
10 governor before July 1, 2022, and in effect on July 1, 2022, expires
11 (including all extensions of a substantially similar executive order
12 or proclamation) on the earlier of:
13 (1) the date specified in the executive order or proclamation;
14 or
15 (2) December 31, 2022;
2022	IN 1100—LS 6770/DI 125 2
1 unless before the expiration of the executive order or proclamation
2 the governor provides electronic notice to the publisher of the
3 Indiana Register stating the reasons for continuation of the
4 executive order or proclamation and the legislative council
5 approves the requested continuation of the executive order or
6 proclamation.
7 Sec. 3. An executive order or proclamation issued by the
8 governor after June 30, 2022, expires (including all extensions of a
9 substantially similar executive order or proclamation) on the
10 earlier of:
11 (1) the date specified in the executive order or proclamation;
12 or
13 (2) one hundred eighty (180) days after the initial executive
14 order or proclamation is issued;
15 unless before the expiration of the executive order or proclamation
16 the governor provides electronic notice to the publisher of the
17 Indiana Register stating the reasons for continuation of the
18 executive order or proclamation and the legislative council
19 approves the requested continuation of the executive order or
20 proclamation.
21 Sec. 4. The publisher of the Indiana Register shall:
22 (1) publish notice of the request under this chapter in the
23 Indiana Register and provide the chair and vice chair of the
24 legislative council with the request submitted to the publisher;
25 and
26 (2) publish notice of a determination of the legislative council
27 under this chapter in the Indiana Register.
28 Sec. 5. If an executive order or proclamation expires as provided
29 under this chapter, a substantially similar executive order or
30 proclamation may not be issued within six (6) months of the
31 expiration date.
32 SECTION 2. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
33 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
34 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
35 office shall adopt rules under IC 4-22-2 necessary for the
36 administration of this chapter. In adopting the rules required by this
37 section, the office may adopt emergency rules in the manner provided
38 by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
39 provided in IC 4-22-2-37.1, an emergency rule adopted by the office
40 under this section and in the manner provided by IC 4-22-2-37.1
41 expires on the date on which a rule that supersedes the emergency rule
42 is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
2022	IN 1100—LS 6770/DI 125 3
1 SECTION 3. IC 4-21.5-5-11 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. Judicial review of
3 disputed issues of fact shall be tried de novo. must be confined to the
4 agency record for the agency action supplemented by additional
5 evidence taken under section 12 of this chapter. The court may not try
6 the cause de novo or substitute its judgment for that of the agency.
7 SECTION 4. IC 4-21.5-5-12 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) The court may
9 receive evidence, in addition to that contained in the agency record. for
10 judicial review, only if it relates to the validity of the agency action at
11 the time it was taken and is needed to decide disputed issues regarding
12 one (1) or both of the following:
13 (1) Improper constitution as a decision-making body or grounds
14 for disqualification of those taking the agency action.
15 (2) Unlawfulness of procedure or of decision-making process.
16 This subsection applies only if the additional evidence could not, by
17 due diligence, have been discovered and raised in the administrative
18 proceeding giving rise to a proceeding for judicial review.
19 (b) The court may remand a matter to the agency before final
20 disposition of a petition for review with directions that the agency
21 conduct further factfinding or that the agency prepare an adequate
22 record, if:
23 (1) the agency failed to prepare or preserve an adequate record;
24 (2) the agency improperly excluded or omitted evidence from the
25 record; or
26 (3) a relevant law changed after the agency action and the court
27 determines that the new provision of law may control the
28 outcome.
29 SECTION 5. IC 4-21.5-5-14 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 14. (a)
31 Notwithstanding any other law, unless specific reference is made
32 to this section, this section applies in any action for judicial review
33 of an agency action.
34 (a) (b) The burden of demonstrating the invalidity validity of
35 agency action is on the party to the judicial review proceeding asserting
36 invalidity. agency.
37 (b) (c) The validity of agency action shall be determined in
38 accordance with the standards of review provided in this section, as
39 applied to the agency action at the time it was taken.
40 (c) (d) The court shall make findings of fact on each material issue
41 on which the court's decision is based.
42 (e) The court shall decide all questions of law and fact de novo,
2022	IN 1100—LS 6770/DI 125 4
1 including any interpretation of a federal or state constitutional
2 provision, state statute, or agency rule or agency nonrule guidance,
3 and may not defer to any previous interpretation made by the
4 agency.
5 (d) (f) The court shall grant relief under section 15 of this chapter
6 only if it determines that a person seeking judicial relief has been
7 prejudiced by an agency action that is:
8 (1) arbitrary, capricious, an abuse of discretion, or otherwise not
9 in accordance with law;
10 (2) contrary to constitutional right, power, privilege, or immunity;
11 (3) in excess of statutory jurisdiction, authority, or limitations, or
12 short of statutory right;
13 (4) without observance of procedure required by law; or
14 (5) unsupported by substantial evidence.
15 SECTION 6. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
17 board, commission, department, division, bureau, committee, or other
18 governmental entity exercising any of the executive (including the
19 administrative) powers of state government. The term does not include
20 the judicial or legislative departments of state government or a political
21 subdivision as defined in IC 36-1-2-13.
22 (b) "Rule" means the whole or any part of an agency statement of
23 general applicability that:
24 (1) has or is designed to have the effect of law; and
25 (2) implements, interprets, or prescribes:
26 (A) law or policy; or
27 (B) the organization, procedure, or practice requirements of an
28 agency.
29 (c) "Rulemaking action" means the process of formulating or
30 adopting a rule. The term does not include an agency action.
31 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
32 (e) "Person" means an individual, corporation, limited liability
33 company, partnership, unincorporated association, or governmental
34 entity.
35 (f) "Publisher" refers to the publisher of the Indiana Register and
36 Indiana Administrative Code, which is the legislative council, or the
37 legislative services agency operating under the direction of the council.
38 (g) "Emergency rule" refers to a rule authorized by a statute
39 outside this article to be adopted in accordance with the
40 procedures in section 37.1 of this chapter.
41 (g) (h) The definitions in this section apply throughout this article.
42 SECTION 7. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
2022	IN 1100—LS 6770/DI 125 5
1 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
3 chapter applies to the addition, amendment, or repeal of a rule in every
4 rulemaking action.
5 (b) This chapter does not apply to the following agencies:
6 (1) Any military officer or board.
7 (2) Any state educational institution.
8 (c) This chapter does not apply to a rulemaking action that results
9 in any of the following rules:
10 (1) A resolution or directive of any agency that relates solely to
11 internal policy, internal agency organization, or internal procedure
12 and does not have the effect of law.
13 (2) A restriction or traffic control determination of a purely local
14 nature that:
15 (A) is ordered by the commissioner of the Indiana department
16 of transportation;
17 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
18 IC 9-20-7; and
19 (C) applies only to one (1) or more particularly described
20 intersections, highway portions, bridge causeways, or viaduct
21 areas.
22 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
23 (4) An executive order or proclamation issued by the governor.
24 (d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
25 26, 27, and 29 of this chapter do not apply to rulemaking actions under
26 IC 13-14-9.
27 SECTION 8. IC 4-22-2-18.5 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2022]: Sec. 18.5. (a) This section applies to rulemaking actions
30 for which a notice of intent to adopt a rule is published under
31 section 23 of this chapter after June 30, 2022. However, this section
32 does not apply:
33 (1) if an agency is readopting a rule with no changes; or
34 (2) to a rulemaking action for which a change in the agency's
35 governing statutes or a federal program also requires an
36 immediate adoption of an emergency rule.
37 (b) As used in this section, "rule containing a regulatory
38 restriction" means a rule that requires or prohibits an action on
39 behalf of a person.
40 (c) Nothing in this section shall be construed as a waiver of the
41 requirement that an agency adhere to the format, numbering
42 system, standards, and techniques established by the publisher
2022	IN 1100—LS 6770/DI 125 6
1 under section 42 of this chapter when adopting or amending a rule.
2 (d) An agency may not initiate a rulemaking action to adopt a
3 new rule containing a regulatory restriction under this chapter
4 unless the agency simultaneously repeals an existing rule
5 containing a regulatory restriction.
6 (e) An agency does not satisfy the requirement under subsection
7 (d) by repealing a rule and including the language from the
8 repealed rule in a new rule if the language of the repealed rule
9 remains substantially similar in the new rule.
10 (f) The attorney general is responsible for ensuring that an
11 agency complies with the requirements of this section.
12 SECTION 9. IC 4-22-2-19.3 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2022]: Sec. 19.3. A rule adopted under this article or under
15 IC 13-14-9.5 may not:
16 (1) establish requirements more stringent; or
17 (2) impose harsher penalties;
18 than requirements or penalties established or imposed by
19 comparable federal statutes or regulations.
20 SECTION 10. IC 4-22-2-24.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2022]: Sec. 24.5. (a) This section applies to
23 proposed rules submitted to the publisher after June 30, 2022.
24 (b) At the same time an agency submits a proposed rule to the
25 publisher under section 24 of this chapter, the agency shall submit
26 to the publisher the following:
27 (1) If applicable, the economic impact statement prepared by
28 the agency under IC 4-22-2.1-5.
29 (2) If the rule imposes a penalty, fine, or other similar
30 negative impact on a person or business, a written explanation
31 of the penalty, fine, or other similar negative impact, and why
32 the penalty, fine, or other similar negative impact is
33 considered necessary.
34 (c) The publisher shall provide a copy of the materials
35 submitted by an agency under this section in an electronic format
36 under IC 5-14-6 to each member of the standing committee or
37 standing committees that have subject matter jurisdiction most
38 closely relating to the subject matter of the rule.
39 (d) The publisher shall publish the materials submitted under
40 subsection (b) in the Indiana Register.
41 SECTION 11. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022	IN 1100—LS 6770/DI 125 7
1 JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
2 this section:
3 (1) "Ombudsman" refers to the small business ombudsman
4 designated under IC 5-28-17-6.
5 (2) "Total estimated economic impact" means the direct annual
6 economic impact of a rule on all regulated persons after the rule
7 is fully implemented under subsection (g).
8 (b) The ombudsman:
9 (1) shall review a proposed rule that:
10 (A) imposes requirements or costs on small businesses (as
11 defined in IC 4-22-2.1-4); and
12 (B) is referred to the ombudsman by an agency under
13 IC 4-22-2.1-5(c); and
14 (2) may review a proposed rule that imposes requirements or
15 costs on businesses other than small businesses (as defined in
16 IC 4-22-2.1-4).
17 After conducting a review under subdivision (1) or (2), the ombudsman
18 may suggest alternatives to reduce any regulatory burden that the
19 proposed rule imposes on small businesses or other businesses. The
20 agency that intends to adopt the proposed rule shall respond in writing
21 to the ombudsman concerning the ombudsman's comments or
22 suggested alternatives before adopting the proposed rule under section
23 29 of this chapter.
24 (c) Subject to subsection (e) and not later than fifty (50) days before
25 the public hearing for a proposed rule required by section 26 of this
26 chapter, an agency shall submit the proposed rule to the office of
27 management and budget for a review under subsection (d), if the
28 agency proposing the rule determines that the rule will have a total
29 estimated economic impact greater than five hundred thousand dollars
30 ($500,000) on all regulated persons. In determining the total estimated
31 economic impact under this subsection, the agency shall consider any
32 applicable information submitted by the regulated persons affected by
33 the rule. To assist the office of management and budget in preparing
34 the fiscal impact statement required by subsection (d), the agency shall
35 submit, along with the proposed rule, the data used and assumptions
36 made by the agency in determining the total estimated economic
37 impact of the rule.
38 (d) Except as provided in subsection (e), before the adoption of the
39 rule, and not more than forty-five (45) days after receiving a proposed
40 rule under subsection (c), the office of management and budget shall
41 prepare, using the data and assumptions provided by the agency
42 proposing the rule, along with any other data or information available
2022	IN 1100—LS 6770/DI 125 8
1 to the office of management and budget, a fiscal impact statement
2 concerning the effect that compliance with the proposed rule will have
3 on:
4 (1) the state; and
5 (2) all persons regulated by the proposed rule.
6 The fiscal impact statement must contain the total estimated economic
7 impact of the proposed rule and a determination concerning the extent
8 to which the proposed rule creates an unfunded mandate on a state
9 agency or political subdivision. The fiscal impact statement is a public
10 document. The office of management and budget shall make the fiscal
11 impact statement available to interested parties upon request and to the
12 agency proposing the rule. The agency proposing the rule shall
13 consider the fiscal impact statement as part of the rulemaking process
14 and shall provide the office of management and budget with the
15 information necessary to prepare the fiscal impact statement, including
16 any economic impact statement prepared by the agency under
17 IC 4-22-2.1-5. The office of management and budget may also receive
18 and consider applicable information from the regulated persons
19 affected by the rule in preparation of the fiscal impact statement.
20 (e) With respect to a proposed rule subject to IC 13-14-9:
21 (1) the department of environmental management shall give
22 written notice to the office of management and budget of the
23 proposed date of preliminary adoption of the proposed rule not
24 less than sixty-six (66) days before that date; and
25 (2) the office of management and budget shall prepare the fiscal
26 impact statement referred to in subsection (d) not later than
27 twenty-one (21) days before the proposed date of preliminary
28 adoption of the proposed rule.
29 (f) In determining whether a proposed rule has a total estimated
30 economic impact greater than five hundred thousand dollars
31 ($500,000), the agency proposing the rule shall consider the impact of
32 the rule on any regulated person that already complies with the
33 standards imposed by the rule on a voluntary basis.
34 (g) For purposes of this section, a rule is fully implemented after:
35 (1) the conclusion of any phase-in period during which:
36 (A) the rule is gradually made to apply to certain regulated
37 persons; or
38 (B) the costs of the rule are gradually implemented; and
39 (2) the rule applies to all regulated persons that will be affected
40 by the rule.
41 In determining the total estimated economic impact of a proposed rule
42 under this section, the agency proposing the rule shall consider the
2022	IN 1100—LS 6770/DI 125 9
1 annual economic impact on all regulated persons beginning with the
2 first twelve (12) month period after the rule is fully implemented. The
3 agency may use actual or forecasted data and may consider the actual
4 and anticipated effects of inflation and deflation. The agency shall
5 describe any assumptions made and any data used in determining the
6 total estimated economic impact of a rule under this section.
7 (h) An agency shall provide the legislative council in an electronic
8 format under IC 5-14-6 with any analysis, data, and description of
9 assumptions submitted to the office of management and budget under
10 this section or section 40 of this chapter at the same time the agency
11 submits the information to the office of management and budget. The
12 office of management and budget shall provide the legislative council
13 in an electronic format under IC 5-14-6 any fiscal impact statement and
14 related supporting documentation prepared by the office of
15 management and budget under this section or section 40 of this chapter
16 at the same time the office of management and budget provides the
17 fiscal impact statement to the agency proposing the rule. Information
18 submitted under this subsection must identify the rule to which the
19 information is related by document control number assigned by the
20 publisher.
21 (i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
22 legislative council in an electronic format under IC 5-14-6 with any
23 economic impact or fiscal impact statement, including any supporting
24 data, studies, or analysis, prepared for a rule proposed by the agency or
25 subject to readoption by the agency to comply with:
26 (1) a requirement in section 19.5 of this chapter to minimize the
27 expenses to regulated entities that are required to comply with the
28 rule;
29 (2) a requirement in section 24 of this chapter to publish a
30 justification of any requirement or cost that is imposed on a
31 regulated entity under the rule;
32 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
33 describes the annual economic impact of a rule on all small
34 businesses after the rule is fully implemented;
35 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
36 consider whether there are any alternative methods of achieving
37 the purpose of the rule that are less costly or less intrusive, or that
38 would otherwise minimize the economic impact of the proposed
39 rule on small businesses;
40 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
41 information concerning the fiscal impact of a rule or alternatives
42 to a rule subject to these provisions; or
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1 (6) a requirement under any other law to conduct an analysis of
2 the cost, economic impact, or fiscal impact of a rule;
3 regardless of whether the total estimated economic impact of the
4 proposed rule is more than five hundred thousand dollars ($500,000),
5 as soon as practicable after the information is prepared. Information
6 submitted under this subsection must identify the rule to which the
7 information is related by document control number assigned by the
8 publisher.
9 SECTION 12. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
12 adopted under this section:
13 (1) Sections 24 23 through 36 of this chapter.
14 (2) IC 13-14-9.
15 (b) In conformity with section 14 of this chapter, this section
16 creates only procedural rights and imposes only procedural duties.
17 This section does not delegate substantive authority to an agency
18 to adopt a rule. This section applies only if a statute outside this
19 article delegates substantive rulemaking authority to the agency
20 and that statute or another statute expressly authorizes the agency
21 to exercise the rulemaking authority in accordance with the
22 emergency procedures in this section. A rule may be adopted under
23 this section statute outside this article authorizes an agency to
24 exercise the agency's rulemaking authority in accordance with the
25 procedures in this section if a the statute delegating authority to an
26 agency to adopt rules authorizes adoption of such a rule: expressly
27 states that rules may or shall be adopted:
28 (1) under this section; or
29 (2) in the manner provided by this section.
30 (c) To initiate a rulemaking proceeding under this section, an
31 agency must:
32 (1) demonstrate through findings of fact that:
33 (A) an imminent peril to the public health, safety, or
34 welfare;
35 (B) avoidance of a loss of federal funding for an agency
36 program or a violation of federal law or regulation;
37 (C) a change in the agency's governing statutes or a federal
38 program; or
39 (D) avoidance of any other substantial negative impact to
40 the public interest;
41 requires the immediate adoption of a rule in accordance with
42 this section; and
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1 (2) after an agency adopts a rule under this section, the agency
2 shall submit the rule and findings of fact to the publisher for the
3 assignment of a document control number.
4 The agency shall submit the rule in the form required by section 20 of
5 this chapter and with the documents required by section 21 of this
6 chapter. The publisher shall determine the format of the rule and other
7 documents to be submitted under this subsection. The agency may
8 adopt the emergency rule before or after submission of the
9 emergency rule to the publisher. The publisher shall assign a
10 document control number for the rule. The publisher shall also
11 provide a copy of the emergency rule in an electronic format under
12 IC 5-14-6 to each member of the standing committee or standing
13 committees that have subject matter jurisdiction most closely
14 relating to the subject matter of the emergency rule along with a
15 statement indicating that the rule has been submitted to the
16 attorney general for review.
17 (d) After the document control number has been assigned and the
18 agency adopts the emergency rule, the agency shall submit the
19 emergency rule, the findings required under subsection (c)(1), the
20 document number, the documents required by section 21 of this
21 chapter, and any other documents specified by the attorney general
22 to the publisher for filing. attorney general for review. The agency
23 shall submit the rule in the form required by section 20 of this chapter.
24 and with the documents required by section 21 of this chapter. The
25 publisher shall determine the format of the rule and other documents
26 to be submitted under this subsection.
27 (e) The attorney general shall conduct an expedited review of a
28 rule submitted under subsection (d) for legality and form. In the
29 review, the attorney general shall determine whether the findings
30 justify the adoption of a rule through the emergency procedures in
31 this section. The attorney general shall complete the review within
32 a time consistent with the emergency that justifies adoption in
33 accordance with this section. If the attorney general neither
34 approves nor disapproves the rule before the forty-sixth day after
35 the rule is submitted, the rule is deemed approved, and the agency
36 may submit it to the publisher without the approval of the attorney
37 general. However, the attorney general may return the rule to the
38 agency without disapproving the rule. If the attorney general
39 returns the rule to the agency, the agency may recall and resubmit
40 the rule to the attorney general under the same document number
41 in accordance with section 40 of this chapter.
42 (e) (f) When a rule has been approved or deemed approved by
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1 the attorney general, the agency shall immediately submit the rule
2 to the publisher for filing. Subject to section 39 of this chapter, the
3 publisher shall:
4 (1) accept the rule for filing; and
5 (2) electronically record the date and time that the rule is
6 accepted;
7 (3) publish the emergency rule; and
8 (4) provide a copy of the emergency rule in an electronic
9 format under IC 5-14-6 to each member of the standing
10 committee or standing committees that have subject matter
11 jurisdiction most closely relating to the subject matter of the
12 emergency rule along with a statement indicating that the rule
13 has been approved by the attorney general.
14 (f) (g) A rule adopted by an agency under this section takes effect
15 on the latest of the following dates:
16 (1) The effective date of the statute delegating authority to the
17 agency to adopt the rule.
18 (2) The date and time that the rule is accepted for filing under
19 subsection (e). (f).
20 (3) The effective date stated by the adopting agency in the rule.
21 (4) The date of compliance with every requirement established by
22 law as a prerequisite to the adoption or effectiveness of the rule.
23 (5) The statutory effective date for an emergency rule set forth in
24 the statute authorizing the agency to adopt emergency rules.
25 (g) (h) Unless otherwise provided by the statute authorizing
26 adoption of the rule: Except as permitted under subsection (k) or (l):
27 (1) a rule adopted under this section expires not later than ninety
28 (90) days after the rule is accepted for filing under subsection (e);
29 (f);
30 (2) a rule adopted under this section may be extended by adopting
31 another rule under this section, but only for one (1) extension
32 period; and
33 (3) for a rule adopted under this section to be effective after one
34 (1) extension period, the rule must be adopted under:
35 (A) sections 24 through 36 of this chapter; or
36 (B) IC 13-14-9;
37 as applicable.
38 (h) (i) This section may not be used to readopt a rule under
39 IC 4-22-2.5.
40 (i) (j) The publisher of the Indiana administrative code shall
41 annually publish a list of agencies authorized to adopt rules under this
42 section.
2022	IN 1100—LS 6770/DI 125 13
1 (k) This subsection applies if a statute delegates authority to an
2 agency to adopt an emergency rule and a change in the agency's
3 governing statutes or a federal program requires an immediate
4 adoption of an emergency rule. An agency may extend a rule for
5 not more than six (6) extension periods in addition to the extension
6 period permitted under subdivision (h)(2) if the agency determines
7 the additional extensions are needed to allow sufficient time to
8 adopt a rule under sections 24 through 36 of this chapter or
9 IC 13-14-9.
10 (l) This subsection is intended to establish uniform procedures
11 for the implementation of emergency rules not described in
12 subsection (k). If a statute outside this chapter (regardless of
13 whether the statute is enacted before, on, or after July 1, 2022)
14 permits an emergency rule to be:
15 (1) effective for more than ninety (90) days, the emergency
16 rule expires ninety (90) days after the rule becomes effective,
17 unless, before the expiration date, the agency provides
18 electronic notice to the publisher stating the reasons for
19 continuation of the emergency rule and the legislative council
20 approves the continuation of the emergency rule; or
21 (2) extended for more than one (1) extension period, the
22 agency may not apply the statute to extend the emergency
23 rule for more than one (1) extension period of not more than
24 ninety (90) days, unless, before the extension period elapses,
25 the agency provides electronic notice to the publisher stating
26 the reasons for additional extensions of the emergency rule
27 and the legislative council approves the requested additional
28 extension of the emergency rule.
29 However, if an emergency rule (including an emergency rule in
30 effect on an extension) is in effect on July 1, 2022, the emergency
31 rule expires on the earlier of the date that the emergency rule
32 would expire without the application of this subsection or
33 September 28, 2022, unless, before the expiration, the agency
34 provides electronic notice to the publisher stating the reasons for
35 continuation of the emergency rule and the legislative council
36 approves the requested continuation of the emergency rule. The
37 publisher shall publish notice of a request under this subsection in
38 the Indiana Register and provide the chair and vice chair of the
39 legislative council with the request submitted to the publisher. The
40 publisher shall publish notice of a determination of the legislative
41 council under this subsection in the Indiana Register.
42 SECTION 13. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
2022	IN 1100—LS 6770/DI 125 14
1 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
2 applies to the following:
3 (1) A rule that is required to receive or maintain:
4 (A) delegation;
5 (B) primacy; or
6 (C) approval;
7 for state implementation or operation of a program established
8 under federal law.
9 (2) A rule that is required to begin or continue receiving federal
10 funding for the implementation or operation of a program.
11 (b) A rule described in subsection (a) does not expire under this
12 chapter. However, except as provided in subsection (c), an agency
13 shall readopt a rule described in this section before January 1 July 1 of
14 the seventh fourth year after the year in which the rule takes effect as
15 set forth in this chapter.
16 (c) For a rule described in subsection (a) that takes effect before
17 July 1, 2022, the agency shall readopt the rule not later than June
18 30, 2026.
19 SECTION 14. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
22 section 1.1 of this chapter, an administrative rule adopted under
23 IC 4-22-2 expires January 1 of the seventh year after the year in which
24 the rule takes effect, unless the rule contains an earlier expiration date.
25 The expiration date of a rule under this section is extended each time
26 that a rule amending an unexpired rule takes effect. The rule, as
27 amended, expires on January 1 of the seventh year after the year in
28 which the amendment takes effect.
29 (b) An administrative rule that:
30 (1) was adopted under IC 4-22-2;
31 (2) is in force on December 31, 1995; and
32 (3) is not amended by a rule that takes effect after December 31,
33 1995, and before January 1, 2002;
34 expires not later than January 1, 2002.
35 (c) The determination of whether an administrative rule expires
36 under this chapter shall be applied at the level of an Indiana
37 Administrative Code section.
38 SECTION 15. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
41 subsection (b) or section 1.1 of this chapter, an administrative rule
42 adopted under IC 4-22-2 expires July 1 of the fourth year after the
2022	IN 1100—LS 6770/DI 125 15
1 year in which the rule takes effect, unless the rule contains an
2 earlier expiration date. The expiration date of a rule under this
3 section is extended each time that a rule amending an unexpired
4 rule takes effect. The rule, as amended, expires on July 1 of the
5 fourth year after the year in which the amendment takes effect.
6 (b) This subsection applies to an administrative rule that:
7 (1) was adopted under IC 4-22-2 or readopted under this
8 chapter after December 31, 2015, and before January 1, 2020;
9 and
10 (2) is in force on June 30, 2022.
11 The expiration date of a rule described in this subsection is
12 extended under this subsection if the agency intends to readopt the
13 rule. The rule expires on July 1, 2024.
14 SECTION 16. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
15 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
17 is subject to expiration under this chapter must:
18 (1) follow the procedure for adoption of administrative rules
19 under IC 4-22-2; and
20 (2) for a rule that expires under this chapter:
21 (A) after June 30, 2005, conduct any review required under
22 section 3.1 of this chapter; and
23 (B) after June 30, 2024:
24 (i) conduct any review and compile any reports required
25 under section 3.1 of this chapter; and
26 (ii) provide the notification and any reports as required
27 under section 3.5 of this chapter.
28 (b) An agency may adopt a rule under IC 4-22-2 in anticipation of
29 a rule's expiration under this chapter.
30 (c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
31 subject to expiration under this chapter.
32 SECTION 17. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
33 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
35 (1) expires under this chapter after June 30, 2005; and
36 (2) imposes requirements or costs on small businesses.
37 (b) As used in this section, "small business" has the meaning set
38 forth in IC 4-22-2.1-4.
39 (c) Subject to subsection (e), before an agency may act under
40 section 3 of this chapter to readopt a rule described in subsection (a),
41 the agency shall conduct a review to consider whether there are any
42 alternative methods of achieving the purpose of the rule that are less
2022	IN 1100—LS 6770/DI 125 16
1 costly or less intrusive, or that would otherwise minimize the economic
2 impact of the proposed rule on small businesses. In reviewing a rule
3 under this section, the agency shall consider the following:
4 (1) The continued need for the rule.
5 (2) The nature of any complaints or comments received from the
6 public, including small businesses, concerning the rule or the
7 rule's implementation by the agency.
8 (3) The complexity of the rule, including any difficulties
9 encountered by:
10 (A) the agency in administering the rule; or
11 (B) small businesses in complying with the rule.
12 (4) The extent to which the rule overlaps, duplicates, or conflicts
13 with other federal, state, or local laws, rules, regulations, or
14 ordinances.
15 (5) The length of time since the rule was last reviewed under this
16 section or otherwise evaluated by the agency, and the degree to
17 which technology, economic conditions, or other factors have
18 changed in the area affected by the rule since that time.
19 (d) This subsection applies to a rule that was adopted through a
20 rulemaking action initiated by the agency under IC 4-22-2-23 after June
21 30, 2005. Subject to subsection (e), in reviewing the rule under this
22 section, the agency shall reexamine the most recent economic impact
23 statement prepared by the agency under IC 4-22-2.1-5. The agency
24 shall consider:
25 (1) the degree to which the factors analyzed in the statement have
26 changed since the statement was prepared; and
27 (2) whether:
28 (A) any regulatory alternatives included in the statement under
29 IC 4-22-2.1-5(a)(5); or
30 (B) any regulatory alternatives not considered by the agency
31 at the time the statement was prepared;
32 could be implemented to replace one (1) or more of the rule's
33 existing requirements.
34 (e) This subsection applies to a rule that expires under this
35 chapter after June 30, 2024. Before an agency may act under
36 section 3 of this chapter to readopt a rule described in subsection
37 (a), and not later than January 1 of the third year after the year in
38 which the rule most recently took effect, the agency shall:
39 (1) conduct the review under subsection (c) and prepare a
40 written report detailing the agency's findings in the review;
41 and
42 (2) conduct the reexamination under subsection (d) and make
2022	IN 1100—LS 6770/DI 125 17
1 any necessary updates to the economic impact statement.
2 (e) (f) After conducting the review required by this section and
3 providing the notification required under section 3.5 of this
4 chapter, the agency shall:
5 (1) readopt the rule without change, if no alternative regulatory
6 methods exist that could minimize the economic impact of the
7 rule on small businesses while still achieving the purpose of the
8 rule;
9 (2) amend the rule to implement alternative regulatory methods
10 that will minimize the economic impact of the rule on small
11 businesses; or
12 (3) repeal the rule, if the need for the rule no longer exists.
13 SECTION 18. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
16 rule that expires under this chapter after June 30, 2024.
17 (b) Subject to subsection (e), before an agency may act under
18 section 3 of this chapter to readopt a rule described in subsection
19 (a), and not later than January 1 of the third year after the year in
20 which the rule most recently took effect, the agency shall provide
21 notice of the pending readoption of the rule to the publisher. At the
22 same time the agency provides notice of the pending readoption of
23 the rule, the agency shall submit the following:
24 (1) A copy of the written report prepared under section
25 3.1(e)(1) of this chapter.
26 (2) A copy of the updated economic impact statement
27 prepared by the agency under section 3.1(e)(2) of this chapter.
28 If no update of the economic impact statement was necessary
29 under section 3.1(e)(2) of this chapter, the agency shall
30 provide a copy of the most recent economic impact statement
31 prepared by the agency under IC 4-22-2.1-5.
32 (3) If the rule imposes a penalty, fine, or other similar
33 negative impact on a person or business, a written description
34 of the penalty, fine, or other similar negative impact, and why
35 the penalty, fine, or other similar negative impact is
36 considered necessary.
37 (c) The publisher shall provide a copy of the materials
38 submitted by an agency in an electronic format under IC 5-14-6 to
39 each member of the standing committee or standing committees
40 that have subject matter jurisdiction most closely relating to the
41 subject matter of the rule.
42 (d) The publisher shall publish the materials submitted under
2022	IN 1100—LS 6770/DI 125 18
1 subsection (b) in the Indiana Register.
2 (e) If an agency intends to readopt a rule described in section
3 2.1(b) of this chapter, the agency shall submit the materials under
4 subsection (b) not later than January 1, 2023.
5 SECTION 19. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
6 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
8 subject to section sections 3.1 and 3.5 of this chapter, an agency may
9 readopt all rules subject to expiration under this chapter under one (1)
10 rule that lists all rules that are readopted by their titles and subtitles
11 only. A rule that has expired but is readopted under this subsection may
12 not be removed from the Indiana Administrative Code.
13 (b) If, not later than thirty (30) days after an agency's publication of
14 notice of its intention to adopt a rule under IC 4-22-2-23 using the
15 listing allowed under subsection (a), a person submits to the agency a
16 written request and the person's basis for the request that a particular
17 rule be readopted separately from the readoption rule described in
18 subsection (a), the agency must:
19 (1) readopt that rule separately from the readoption rule described
20 in subsection (a); and
21 (2) follow the procedure for adoption of administrative rules
22 under IC 4-22-2 with respect to the rule.
23 (c) If the agency does not receive a written request under subsection
24 (b) regarding a rule within thirty (30) days after the agency's
25 publication of notice, the agency may:
26 (1) submit the rule for filing with the publisher under
27 IC 4-22-2-35; or
28 (2) elect the procedure for readoption under IC 4-22-2.
29 SECTION 20. IC 4-22-2.5-5 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
31 readopted before the expiration date for the rule and the governor finds
32 that the failure to readopt the rule causes an emergency to exist, the
33 governor may, by executive order issued before the rule's expiration
34 date, postpone the expiration date of the rule until a date that is one (1)
35 year after the date specified in section 2 2.1 of this chapter.
36 SECTION 21. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
39 under IC 4-22-2-37.1.
40 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
41 adopted by the commission under this section expires on the earlier of
42 the following dates:
2022	IN 1100—LS 6770/DI 125 19
1 (1) The expiration date stated in the emergency rule.
2 (2) The date the emergency rule is amended or repealed by a later
3 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
4 IC 4-22-2-37.1.
5 SECTION 22. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
8 commission may:
9 (1) adopt rules under IC 4-22-2, including emergency rules under
10 IC 4-22-2-37.1, to implement this article, including rules that
11 prescribe:
12 (A) the forms of wagering that are permitted;
13 (B) the number of races;
14 (C) the procedures for wagering;
15 (D) the wagering information to be provided to the public;
16 (E) fees for the issuance and renewal of:
17 (i) permits under IC 4-31-5;
18 (ii) satellite facility licenses under IC 4-31-5.5; and
19 (iii) licenses for racetrack personnel and racing participants
20 under IC 4-31-6;
21 (F) investigative fees;
22 (G) fines and penalties; and
23 (H) any other regulation that the commission determines is in
24 the public interest in the conduct of recognized meetings and
25 wagering on horse racing in Indiana;
26 (2) appoint employees and fix their compensation, subject to the
27 approval of the budget agency under IC 4-12-1-13;
28 (3) enter into contracts necessary to implement this article; and
29 (4) receive and consider recommendations from a development
30 advisory committee established under IC 4-31-11.
31 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
32 adopted by the commission under subsection (a) expires on the earlier
33 of the following dates:
34 (1) The expiration date stated in the emergency rule.
35 (2) The date the emergency rule is amended or repealed by a later
36 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
37 IC 4-22-2-37.1.
38 SECTION 23. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
41 rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
42 to implement this chapter.
2022	IN 1100—LS 6770/DI 125 20
1 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2 adopted under this section expires on the earlier of the following dates:
3 (1) The expiration date stated in the emergency rule.
4 (2) The date the emergency rule is amended or repealed by a later
5 rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
6 IC 4-22-2-37.1.
7 (c) The criminal justice institute may readopt an emergency rule that
8 has expired.
9 SECTION 24. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
12 IC 4-22-2, including emergency rules adopted in the manner provided
13 by IC 4-22-2-37.1, to establish the policies and procedures required
14 under section 6 of this chapter and to otherwise implement this chapter.
15 Rules or emergency rules adopted by the authority under this section
16 must take effect not later than January 1, 2018.
17 (b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
18 IC 4-22-2-37.1, an emergency rule adopted by the authority in the
19 manner provided by IC 4-22-2-37.1 to establish the policies and
20 procedures required under section 6 of this chapter and to otherwise
21 implement this chapter expires on the date a rule that supersedes the
22 emergency rule is adopted by the authority under IC 4-22-2-24 through
23 IC 4-22-2-36.
24 SECTION 25. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
27 IC 4-22-2 to carry out its duties under this article. The board may also
28 adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
29 under this article.
30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
31 adopted under subsection (a) expires on the expiration date stated in
32 the rule.
33 (c) An emergency rule adopted under subsection (a) may be
34 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
35 extension period may not exceed the period for which the original rule
36 was in effect.
37 SECTION 26. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
38 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
40 IC 4-22-2 to carry out its duties under this article. The board may also
41 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
42 carry out its duties under this article.
2022	IN 1100—LS 6770/DI 125 21
1 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
2 adopted under subsection (a) expires on the expiration date stated in
3 the rule.
4 (c) An emergency rule adopted under subsection (a) may be
5 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
6 extension period may not exceed the period for which the original rule
7 was in effect.
8 SECTION 27. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 9. The department may adopt rules under
11 IC 4-22-2, including emergency rules in the manner provided under
12 IC 4-22-2-37.1, to implement this chapter. Except as provided in
13 IC 4-22-2-37.1, an emergency rule implemented under this section
14 expires on the earlier of the following dates:
15 (1) The expiration date stated in the emergency rule.
16 (2) The date the emergency rule is amended or repealed by a later
17 rule or emergency rule adopted under IC 4-22-2-24 through
18 IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
19 SECTION 28. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
22 (1) a water main extension;
23 (2) a wastewater main extension; or
24 (3) an agreement that:
25 (A) is for a water main extension or a wastewater main
26 extension; and
27 (B) is entered into after June 30, 2020, by a utility and the
28 person requesting the extension.
29 (b) As used in this section, "utility" means a municipally owned
30 utility (as defined in IC 8-1-2-1(h)) that provides water service or
31 wastewater service, or both, to the public.
32 (c) With respect to any water main extension or wastewater main
33 extension, a utility shall comply with the commission's rules governing
34 water main extensions or wastewater main extensions, as applicable,
35 including:
36 (1) 170 IAC 6-1.5, in the case of a water main extension; or
37 (2) 170 IAC 8.5-4, in the case of a wastewater main extension;
38 as may be amended by the commission, regardless of whether the
39 utility is subject to the jurisdiction of the commission for the approval
40 of rates and charges. However, a utility is not required to comply with
41 any provisions in the commission's main extension rules that require
42 reporting to the commission.
2022	IN 1100—LS 6770/DI 125 22
1 (d) Disputes arising under this section may be submitted as informal
2 complaints to the commission's consumer affairs division, in
3 accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
4 IAC 16, including provisions for referrals and appeals to the full
5 commission, regardless of whether the person requesting the extension
6 is a customer of the utility.
7 (e) The commission shall adopt by:
8 (1) order; or
9 (2) rule under IC 4-22-2;
10 other procedures not inconsistent with this section that the commission
11 determines to be reasonable or necessary to administer this section. In
12 adopting the rules under this section, the commission may adopt
13 emergency rules in the manner provided by IC 4-22-2-37.1.
14 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
15 IC 4-22-2-37.1, an emergency rule adopted by the commission under
16 this subsection and in the manner provided by IC 4-22-2-37.1 expires
17 on the date on which a rule that supersedes the emergency rule is
18 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
19 (f) If the commission determines that it requires additional staff to
20 handle the volume of informal complaints submitted under this section,
21 the commission may impose a fee under this section. Any fee charged
22 by the commission under this section may:
23 (1) not exceed:
24 (A) the commission's actual costs in administering this section;
25 or
26 (B) seven hundred fifty dollars ($750);
27 whichever is less; and
28 (2) be assessed against the party against whom a decision is
29 rendered under this section.
30 SECTION 29. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
33 public interest to support the reliability, availability, and diversity of
34 electric generating capacity in Indiana for the purpose of providing
35 reliable and stable electric service to customers of public utilities.
36 (b) As used in this section, "appropriate regional transmission
37 organization", with respect to a public utility, refers to the regional
38 transmission organization approved by the Federal Energy Regulatory
39 Commission for the control area that includes the public utility's
40 assigned service area (as defined in IC 8-1-2.3-2).
41 (c) As used in this section, "MISO" refers to the regional
42 transmission organization known as the Midcontinent Independent
2022	IN 1100—LS 6770/DI 125 23
1 System Operator that operates the bulk power transmission system
2 serving most of the geographic territory in Indiana.
3 (d) As used in this section, "planning reserve margin requirement",
4 with respect to a public utility for a particular resource planning year,
5 means the planning reserve margin requirement for that planning year
6 that the public utility is obligated to meet in accordance with the public
7 utility's membership in the appropriate regional transmission
8 organization.
9 (e) As used in this section, "reliability adequacy metrics", with
10 respect to a public utility, means calculations used to demonstrate both
11 of the following:
12 (1) That the public utility:
13 (A) has in place sufficient summer UCAP; or
14 (B) can reasonably acquire not more than thirty percent (30%)
15 of its total summer UCAP from capacity markets, such that it
16 will have sufficient summer UCAP;
17 to provide reliable electric service to Indiana customers, and to
18 meet its planning reserve margin requirement and other federal
19 reliability requirements described in subsection (i)(4).
20 (2) That the public utility:
21 (A) has in place sufficient winter UCAP; or
22 (B) can reasonably acquire not more than thirty percent (30%)
23 of its total winter UCAP from capacity markets, such that it
24 will have sufficient winter UCAP;
25 to provide reliable electric service to Indiana customers, and to
26 meet its planning reserve margin requirement and other federal
27 reliability requirements described in subsection (i)(4).
28 For purposes of this subsection, "capacity markets" means the auctions
29 conducted by an appropriate regional transmission organization to
30 determine a market clearing price for capacity based on the planning
31 reserve margin requirements established by the appropriate regional
32 transmission organization.
33 (f) As used in this section, "summer unforced capacity", or "summer
34 UCAP", with respect to an electric generating facility, means:
35 (1) the capacity value of the electric generating facility's installed
36 capacity rate adjusted for the electric generating facility's average
37 forced outage rate for the summer period, calculated as required
38 by the appropriate regional transmission organization or by the
39 Federal Energy Regulatory Commission; or
40 (2) a metric that is similar to the metric described in subdivision
41 (1) and that is required by the appropriate regional transmission
42 organization.
2022	IN 1100—LS 6770/DI 125 24
1 (g) As used in this section, "winter unforced capacity", or "winter
2 UCAP", with respect to an electric generating facility, means:
3 (1) the capacity value of the electric generating facility's installed
4 capacity rate adjusted for the electric generating facility's average
5 forced outage rate for the winter period, calculated as required by
6 the appropriate regional transmission organization or by the
7 Federal Energy Regulatory Commission;
8 (2) a metric that is similar to the metric described in subdivision
9 (1) and that is required by the appropriate regional transmission
10 organization; or
11 (3) if the appropriate regional transmission organization does not
12 require a metric described in subdivision (1) or (2), a metric that:
13 (A) can be used to demonstrate that a public utility has
14 sufficient capacity to:
15 (i) provide reliable electric service to Indiana customers for
16 the winter period; and
17 (ii) meet its planning reserve margin requirement and other
18 federal reliability requirements described in subsection
19 (i)(4); and
20 (B) is acceptable to the commission.
21 (h) A public utility that owns and operates an electric generating
22 facility serving customers in Indiana shall operate and maintain the
23 facility using good utility practices and in a manner:
24 (1) reasonably intended to support the provision of reliable and
25 economic electric service to customers of the public utility; and
26 (2) reasonably consistent with the resource reliability
27 requirements of MISO or any other appropriate regional
28 transmission organization.
29 (i) Not later than thirty (30) days after the deadline for submitting
30 an annual planning reserve margin report to MISO, each public utility
31 providing electric service to Indiana customers shall, regardless of
32 whether the public utility is required to submit an annual planning
33 reserve margin report to MISO, file with the commission a report, in a
34 form specified by the commission, that provides the following
35 information for each of the next three (3) resource planning years,
36 beginning with the planning year covered by the planning reserve
37 margin report to MISO described in this subsection:
38 (1) The:
39 (A) capacity;
40 (B) location; and
41 (C) fuel source;
42 for each electric generating facility that is owned and operated by
2022	IN 1100—LS 6770/DI 125 25
1 the electric utility and that will be used to provide electric service
2 to Indiana customers.
3 (2) The amount of generating resource capacity or energy, or
4 both, that the public utility has procured under contract and that
5 will be used to provide electric service to Indiana customers,
6 including the:
7 (A) capacity;
8 (B) location; and
9 (C) fuel source;
10 for each electric generating facility that will supply capacity or
11 energy under the contract, to the extent known by the public
12 utility.
13 (3) The amount of demand response resources available to the
14 public utility under contracts and tariffs.
15 (4) The following:
16 (A) The planning reserve margin requirements established by
17 MISO for the planning years covered by the report, to the
18 extent known by the public utility with respect to any
19 particular planning year covered by the report.
20 (B) If applicable, any other planning reserve margin
21 requirement that:
22 (i) applies to the planning years covered by the report; and
23 (ii) the public utility is obligated to meet in accordance with
24 the public utility's membership in an appropriate regional
25 transmission organization;
26 to the extent known by the public utility with respect to any
27 particular planning year covered by the report.
28 (C) Other federal reliability requirements that the public utility
29 is obligated to meet in accordance with its membership in an
30 appropriate regional transmission organization with respect to
31 the planning years covered by the report, to the extent known
32 by the public utility with respect to any particular planning
33 year covered by the report.
34 For each planning reserve margin requirement reported under
35 clause (A) or (B), the public utility shall include a comparison of
36 that planning reserve margin requirement to the planning reserve
37 margin requirement established by the same regional transmission
38 organization for the 2021-2022 planning year.
39 (5) The reliability adequacy metrics of the public utility, as
40 forecasted for the three (3) planning years covered by the report.
41 (j) Upon request by a public utility, the commission shall determine
42 whether information provided in a report filed by the public utility
2022	IN 1100—LS 6770/DI 125 26
1 under subsection (i):
2 (1) is confidential under IC 5-14-3-4 or is a trade secret under
3 IC 24-2-3;
4 (2) is exempt from public access and disclosure by Indiana law;
5 and
6 (3) shall be treated as confidential and protected from public
7 access and disclosure by the commission.
8 (k) A joint agency created under IC 8-1-2.2 may file the report
9 required under subsection (i) as a consolidated report on behalf of any
10 or all of the municipally owned utilities that make up its membership.
11 (l) A:
12 (1) corporation organized under IC 23-17 that is an electric
13 cooperative and that has at least one (1) member that is a
14 corporation organized under IC 8-1-13; or
15 (2) general district corporation within the meaning of
16 IC 8-1-13-23;
17 may file the report required under subsection (i) as a consolidated
18 report on behalf of any or all of the cooperatively owned electric
19 utilities that it serves.
20 (m) In reviewing a report filed by a public utility under subsection
21 (i), the commission may request technical assistance from MISO or any
22 other appropriate regional transmission organization in determining:
23 (1) the planning reserve margin requirements or other federal
24 reliability requirement that the public utility is obligated to meet,
25 as described in subsection (i)(4); and
26 (2) whether the resources available to the public utility under
27 subsections subsection (i)(1) through (i)(3) will be adequate to
28 support the provision of reliable electric service to the public
29 utility's Indiana customers.
30 (n) If, after reviewing a report filed by a public utility under
31 subsection (i), the commission is not satisfied that the public utility
32 can:
33 (1) provide reliable electric service to the public utility's Indiana
34 customers; or
35 (2) meet its planning reserve margin requirement or other federal
36 reliability requirements that the public utility is obligated to meet,
37 as described in subsection (i)(4);
38 during one (1) more of the planning years covered by the report, the
39 commission may conduct an investigation under IC 8-1-2-58 and
40 IC 8-1-2-59 as to the reasons for the public utility's potential inability
41 to meet the requirements described in subdivision (1) or (2), or both.
42 (o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
2022	IN 1100—LS 6770/DI 125 27
1 after notice and hearing, as required by IC 8-1-2-59, the commission
2 determines that the capacity resources available to the public utility
3 under subsections subsection (i)(1) through (i)(3) will not be adequate
4 to support the provision of reliable electric service to the public utility's
5 Indiana customers, or to allow the public utility to meet its planning
6 reserve margin requirements or other federal reliability requirements
7 that the public utility is obligated to meet (as described in subsection
8 (i)(4)), the commission shall issue an order directing the public utility
9 to acquire or construct such capacity resources that are reasonable and
10 necessary to enable the public utility to provide reliable electric service
11 to its Indiana customers, and to meet its planning reserve margin
12 requirements or other federal reliability requirements described in
13 subsection (i)(4). Not later than ninety (90) days after the date of the
14 commission's order under this subsection, the public utility shall file for
15 approval with the commission a plan to comply with the commission's
16 order. The public utility's plan may include:
17 (1) a request for a certificate of public convenience and necessity
18 under this chapter; or
19 (2) an application under IC 8-1-8.8;
20 or both.
21 (p) Beginning in 2022, the commission shall before November 1 of
22 each year submit to the governor and to the interim study committee on
23 energy, utilities, and telecommunications established by
24 IC 2-5-1.3-4(8) a report that includes the following:
25 (1) The commission's analysis regarding the ability of public
26 utilities to:
27 (A) provide reliable electric service to Indiana customers; and
28 (B) meet their planning reserve margin requirements or other
29 federal reliability requirements;
30 for the next three (3) utility resource planning years, based on the
31 most recent reports filed by public utilities under subsection (i).
32 (2) A summary of:
33 (A) the projected demand for retail electricity in Indiana over
34 the next calendar year; and
35 (B) the amount and type of capacity resources committed to
36 meeting the projected demand.
37 In preparing the summary required under this subdivision, the
38 commission may consult with the forecasting group established
39 under section 3.5 of this chapter.
40 A report under this subsection to the interim study committee on
41 energy, utilities, and telecommunications established by
42 IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
2022	IN 1100—LS 6770/DI 125 28
1 (q) The commission may adopt rules under IC 4-22-2 to implement
2 this section. In adopting rules to implement this section, the
3 commission may adopt emergency rules in the manner provided by
4 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
5 provided in IC 4-22-2-37.1, an emergency rule adopted by the
6 commission under this subsection and in the manner provided by
7 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
8 emergency rule is adopted by the commission under IC 4-22-2-24
9 through IC 4-22-2-36.
10 SECTION 30. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
13 replacement underground facility that an operator installs or causes to
14 be installed after June 30, 2020, in any public right-of-way or on any
15 private property.
16 (b) Subject to any other applicable federal or state laws or
17 regulations, for any new or replacement underground facility that an
18 operator installs or causes to be installed, the operator shall ensure that:
19 (1) the materials from which the facility is constructed are capable
20 of being detected from above ground level using standard
21 equipment and technologies used by the utility locating industry,
22 such as electromagnetic locating equipment and electromagnetic
23 induction surveys; or
24 (2) if the materials from which the facility is constructed are not
25 capable of being detected from above ground level using standard
26 locating techniques, as described in subdivision (1), the facility is:
27 (A) encased by conductive material; or
28 (B) equipped with an electrically conducting wire or other
29 means of locating the facility while it is underground.
30 (c) The commission may adopt rules under IC 4-22-2 to implement
31 this section, including emergency rules in the manner provided under
32 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
33 provided in IC 4-22-2-37.1, an emergency rule adopted by the
34 commission under this subsection and in the manner provided under
35 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
36 emergency rule is adopted by the commission under IC 4-22-2-24
37 through IC 4-22-2-36.
38 SECTION 31. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
39 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
41 receives franchise fees paid to the unit under:
42 (1) a certificate issued by the commission under this chapter; or
2022	IN 1100—LS 6770/DI 125 29
1 (2) an unexpired local franchise issued by the unit before July 1,
2 2006;
3 with respect to a particular calendar year.
4 (b) For each calendar year, beginning with the calendar year ending
5 December 31, 2012, each unit to which this section applies shall
6 submit to the commission, on a form or in the manner prescribed by the
7 commission, a report that includes the following information for each
8 certificate or local franchise in effect in the unit during the calendar
9 year for which the report is submitted:
10 (1) The amount of franchise fees paid to the unit under the
11 certificate or local franchise.
12 (2) The account of the unit into which the franchise fees identified
13 under subdivision (1) were deposited.
14 (3) The purposes for which any franchise fees received by the unit
15 during:
16 (A) the calendar year for which the report is submitted; or
17 (B) a previous calendar year;
18 were used or spent by the unit during the calendar year for which
19 the report is submitted.
20 (4) Any other information or data concerning the receipt and use
21 of franchise fees that the commission considers appropriate.
22 (c) The commission shall prescribe the form of the report and the
23 process, deadlines, and other requirements for submitting the report
24 required under this section.
25 (d) Upon receiving the annual reports required under this section,
26 the commission shall compile and organize the data and information
27 contained in the reports. The commission shall include a summary of
28 the data and information contained in the reports in the commission's
29 annual report on the communications industry provided, under
30 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
31 telecommunications established by IC 2-5-1.3-4 in an electronic format
32 under IC 5-14-6. However, this subsection does not empower the
33 commission to disclose confidential and proprietary business plans and
34 other confidential information without adequate protection of the
35 information. The commission shall exercise all necessary caution to
36 avoid disclosure of confidential information supplied under this
37 section.
38 (e) The commission may adopt rules under IC 4-22-2, including
39 emergency rules under IC 4-22-2-37.1, to implement this section.
40 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
41 the commission under IC 4-22-2-37.1 expires on the date a rule that
42 supersedes the emergency rule is adopted by the commission under
2022	IN 1100—LS 6770/DI 125 30
1 IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
2 rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
3 any emergency rules adopted by the commission under this subsection
4 must take effect by a date that enables a unit subject to this section to
5 comply with this section with respect to the calendar year ending
6 December 31, 2012.
7 SECTION 32. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
8 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
10 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
11 clean energy portfolio standard program. The program established
12 under this section must be a voluntary program that provides incentives
13 to participating electricity suppliers that undertake to supply specified
14 percentages of the total electricity supplied to their Indiana retail
15 electric customers from clean energy.
16 (b) The rules adopted by the commission under this section to
17 establish the program must:
18 (1) incorporate:
19 (A) the CPS goals set forth in section 12(a) of this chapter;
20 (B) methods for measuring and evaluating a participating
21 electricity supplier's compliance with the CPS goals set forth
22 in section 12(a) of this chapter;
23 (C) the financial incentives and periodic rate adjustment
24 mechanisms set forth in section 13 of this chapter; and
25 (D) the reporting requirements set forth in section 14 of this
26 chapter;
27 (2) require the commission to determine, before approving an
28 application under section 11 of this chapter, that the approval of
29 the application will not result in an increase to the retail rates and
30 charges of the electricity supplier above what could reasonably be
31 expected if the application were not approved;
32 (3) take effect not later than January 1, 2012; and
33 (4) be consistent with this chapter.
34 (c) Upon the effective date of the rules adopted by the commission
35 under this section, an electricity supplier may apply to the commission
36 under section 11 of this chapter for approval to participate in the
37 program.
38 (d) The commission may adopt emergency rules under
39 IC 4-22-2-37.1 to adopt the rules required by this section. Except as
40 provided in IC 4-22-2-37.1, an emergency rule adopted by the
41 commission under IC 4-22-2-37.1 expires on the date a rule that
42 supersedes the emergency rule is adopted by the commission under
2022	IN 1100—LS 6770/DI 125 31
1 IC 4-22-2-24 through IC 4-22-2-36.
2 SECTION 33. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
5 shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
6 the electricity supplier's net metering tariff, to do the following:
7 (1) Increase the allowed limit on the aggregate amount of net
8 metering facility nameplate capacity under the net metering tariff
9 to one and one-half percent (1.5%) of the most recent summer
10 peak load of the electricity supplier.
11 (2) Modify the required reservation of capacity under the limit
12 described in subdivision (1) to require the reservation of:
13 (A) forty percent (40%) of the capacity for participation by
14 residential customers; and
15 (B) fifteen percent (15%) of the capacity for participation by
16 customers that install a net metering facility that uses a
17 renewable energy resource described in IC 8-1-37-4(a)(5).
18 (b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
19 commission may adopt emergency rules in the manner provided by
20 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
21 provided in IC 4-22-2-37.1, an emergency rule adopted by the
22 commission under this section and in the manner provided by
23 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
24 emergency rule is adopted by the commission under IC 4-22-2-24
25 through IC 4-22-2-36.
26 SECTION 34. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
29 and 11 of this chapter, after June 30, 2017, the commission's rules and
30 standards set forth in:
31 (1) 170 IAC 4-4.2 (concerning net metering); and
32 (2) 170 IAC 4-4.3 (concerning interconnection);
33 remain in effect and apply to net metering under an electricity
34 supplier's net metering tariff and to distributed generation under this
35 chapter.
36 (b) After June 30, 2017, the commission may adopt changes under
37 IC 4-22-2, including emergency rules in the manner provided by
38 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
39 only as necessary to:
40 (1) update fees or charges;
41 (2) adopt revisions necessitated by new technologies; or
42 (3) reflect changes in safety, performance, or reliability standards.
2022	IN 1100—LS 6770/DI 125 32
1 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2 IC 4-22-2-37.1, an emergency rule adopted by the commission under
3 this subsection and in the manner provided by IC 4-22-2-37.1 expires
4 on the date on which a rule that supersedes the emergency rule is
5 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
6 SECTION 35. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
9 generation has the following rights regarding the installation and
10 ownership of distributed generation equipment:
11 (1) The right to know that the attorney general is authorized to
12 enforce this section, including by receiving complaints
13 concerning the installation and ownership of distributed
14 generation equipment.
15 (2) The right to know the expected amount of electricity that will
16 be produced by the distributed generation equipment that the
17 customer is purchasing.
18 (3) The right to know all costs associated with installing
19 distributed generation equipment, including any taxes for which
20 the customer is liable.
21 (4) The right to know the value of all federal, state, or local tax
22 credits or other incentives or rebates that the customer may
23 receive.
24 (5) The right to know the rate at which the customer will be
25 credited for electricity produced by the customer's distributed
26 generation equipment and delivered to a public utility (as defined
27 in IC 8-1-2-1).
28 (6) The right to know if a provider of distributed generation
29 equipment insures the distributed generation equipment against
30 damage or loss and, if applicable, any circumstances under which
31 the provider does not insure against or otherwise cover damage to
32 or loss of the distributed generation equipment.
33 (7) The right to know the responsibilities of a provider of
34 distributed generation equipment with respect to installing or
35 removing distributed generation equipment.
36 (b) The attorney general, in consultation with the commission, shall
37 adopt rules under IC 4-22-2 that the attorney general considers
38 necessary to implement and enforce this section, including a rule
39 requiring written disclosure of the rights set forth in subsection (a) by
40 a provider of distributed generation equipment to a customer. In
41 adopting the rules required by this subsection, the attorney general may
42 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
2022	IN 1100—LS 6770/DI 125 33
1 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
3 under this subsection and in the manner provided by IC 4-22-2-37.1
4 expires on the date on which a rule that supersedes the emergency rule
5 is adopted by the attorney general under IC 4-22-2-24 through
6 IC 4-22-2-36.
7 SECTION 36. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
10 IC 4-22-2 to implement this chapter. In adopting the rules required by
11 this section, the commission may adopt emergency rules in the manner
12 provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
13 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
14 the commission under this section and in the manner provided by
15 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
16 emergency rule is adopted by the commission under IC 4-22-2-24
17 through IC 4-22-2-36.
18 SECTION 37. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
19 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
21 in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
22 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
23 adopted under subsection (a) expires on the date a rule that supersedes
24 the emergency rule is adopted by the department under IC 4-22-2-22.5
25 through IC 4-22-2-36.
26 SECTION 38. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 5. The authority may do the following:
29 (1) Construct, maintain, repair, police, and operate toll road
30 projects (as defined in this chapter), public improvements, and
31 arterial streets and roads under section 1 of this chapter and
32 establish rules for the use of any such toll road project, public
33 improvement, or arterial street or road.
34 (2) Issue toll road revenue bonds of the state, payable solely from
35 an allocation of money from the rural transportation road fund
36 under IC 8-9.5-8-16 or from revenues or from the proceeds of
37 bonds issued under this chapter and earnings thereon, or from all
38 three (3), for the purpose of paying all or any part of the cost of
39 any one (1) or more toll road projects or for the purpose of
40 refunding any other toll road revenue bonds.
41 (3) Establish reserves from the proceeds of the sale of bonds or
42 from other funds, or both, to secure the payment of the bonds.
2022	IN 1100—LS 6770/DI 125 34
1 (4) Fix and revise from time to time and charge and collect tolls
2 for transit over each toll road project constructed by it.
3 (5) Acquire in the name of the state by purchase or otherwise, on
4 such terms and conditions and in such manner as it may deem
5 proper, or by the exercise of the right of condemnation in the
6 manner as provided by this chapter, such public or private lands,
7 including public parks, playgrounds or reservations, or parts
8 thereof or rights therein, rights-of-way, property, rights,
9 easements, and interests, as it may deem necessary for carrying
10 out the provisions of this chapter. The authority may also:
11 (A) sell, transfer, and convey any such land or any interest
12 therein so acquired, or any portion thereof, whether by
13 purchase, condemnation, or otherwise, and whether such land
14 or interest therein had been public or private, when the same
15 shall no longer be needed for such purposes; and
16 (B) transfer and convey any such lands or interest therein as
17 may be necessary or convenient for the construction and
18 operation of any toll road project, or as otherwise required
19 under the provisions of this chapter to a state agency or
20 political subdivision.
21 (6) Designate the locations and establish, limit, and control such
22 points of ingress to and egress from each toll road project as may
23 be necessary or desirable in the judgment of the authority to
24 ensure the proper operation and maintenance of such projects, and
25 to prohibit entrance to such project from any point not so
26 designated. The authority shall not grant, for the operation of
27 transient lodging facilities, either ingress to or egress from any
28 project, including the service areas thereof on which are located
29 service stations and restaurants, and including toll plazas and
30 paved portions of the right-of-way. The authority shall cause to be
31 erected, at its cost, at all points of ingress and egress, large and
32 suitable signs facing traffic from each direction on the toll road.
33 Such signs shall designate the number and other designations, if
34 any, of all United States or state highways of ingress or egress, the
35 names of all Indiana municipalities with a population of five
36 thousand (5,000) or more within a distance of seventy-five (75)
37 miles on such roads of ingress or egress, and the distance in miles
38 to such designated municipalities.
39 (7) Make and enter into all contracts and agreements necessary or
40 incidental to the performance of its duties and the execution of its
41 powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
42 under any such contract or agreement, other than:
2022	IN 1100—LS 6770/DI 125 35
1 (A) a contract for compensation for personal services;
2 (B) a contract with the department under IC 8-9.5-8-7;
3 (C) a lease with the department under IC 8-9.5-8-8; or
4 (D) a contract, a lease, or another agreement under IC 8-15.5;
5 involves an expenditure of more than ten thousand dollars
6 ($10,000), the authority shall make a written contract with the
7 lowest and best bidder after advertisement for not less than two
8 (2) consecutive weeks in a newspaper of general circulation in
9 Marion County, Indiana, and in such other publications as the
10 authority shall determine. Such notice shall state the general
11 character of the work and the general character of the materials to
12 be furnished, the place where plans and specifications therefor
13 may be examined, and the time and place of receiving bids. Each
14 bid shall contain the full name of every person or company
15 interested in it and shall be accompanied by a sufficient bond or
16 certified check on a solvent bank that if the bid is accepted a
17 contract will be entered into and the performance of its proposal
18 secured. The authority may reject any and all bids. A bond with
19 good and sufficient surety shall be required by the authority of all
20 contractors in an amount equal to at least fifty percent (50%) of
21 the contract price, conditioned upon the faithful performance of
22 the contract. The authority shall require a bid, performance, and
23 payment bond from a contractor for a project if the estimated cost
24 of the project is more than two hundred thousand dollars
25 ($200,000). The authority may require a bid, performance, or
26 payment bond from a contractor for a project if the estimated cost
27 of the project is not more than two hundred thousand dollars
28 ($200,000).
29 (8) Employ consulting engineers, superintendents, managers, and
30 such other engineers, construction and accounting experts, bond
31 counsel, other attorneys with the approval of the attorney general,
32 and other employees and agents as may be necessary in its
33 judgment to carry out the provisions of this chapter, and to fix
34 their compensation. However, all such expenses shall be payable
35 solely from the proceeds of toll road revenue bonds issued under
36 the provisions of this chapter or from revenues.
37 (9) Receive and accept from any federal agency, subject to
38 IC 8-23-3, grants for or in aid of the construction of any toll road
39 project, and receive and accept aid or contributions from any
40 source of either money, property, labor, or other things of value,
41 to be held, used, and applied only for the purposes for which such
42 grants and contributions may be made, and repay any grant to the
2022	IN 1100—LS 6770/DI 125 36
1 authority or to the department from a federal agency if such
2 repayment is necessary to free the authority from restrictions
3 which the authority determines to be in the public interest to
4 remove.
5 (10) Establish fees, charges, terms, or conditions for any
6 expenditures, loans, or other form of financial participation in
7 projects authorized as public improvements on arterial streets and
8 roads under section 1 of this chapter.
9 (11) Accept gifts, devises, bequests, grants, loans, appropriations,
10 revenue sharing, other financing and assistance, and any other aid
11 from any source and agree to and comply with conditions attached
12 to the aid.
13 (12) Accept transfer of a state highway to the authority under
14 IC 8-23-7-23 and pay the cost of conversion of the state highway
15 to a toll road project.
16 (13) Enter into contracts or leases with the department under
17 IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
18 or leases agree with the department for coordination of the
19 operation and the repair and maintenance of toll road projects and
20 tollways which are contiguous parts of the same public road,
21 including joint toll collection facilities and equitable division of
22 tolls.
23 (14) Enter into public-private agreements under IC 8-15.5 and do
24 all acts and things necessary or proper to carry out the purposes
25 set forth in IC 8-15.5.
26 (15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
27 related to a toll road project to accommodate the provisions of a
28 public-private agreement under IC 8-15.5. Except as provided in
29 IC 4-22-2-37.1, a rule adopted under this subdivision expires on
30 the expiration date stated in the rule.
31 (16) Do all acts and things necessary or proper to carry out this
32 chapter.
33 SECTION 39. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
36 (1) Fix, revise, charge, and collect tolls for the use of each toll
37 road project by any person, partnership, association, limited
38 liability company, or corporation desiring the use of any part
39 thereof, including the right-of-way adjoining the paved portion
40 and for placing thereon telephone, telegraph, electric light, or
41 power lines.
42 (2) Fix the terms, conditions, and rates of charge for such use,
2022	IN 1100—LS 6770/DI 125 37
1 including assessments for the failure to pay required tolls, subject,
2 however, to the state's police power.
3 (3) Collect tolls, user fees, or other charges through manual or
4 nonmanual methods, including, but not limited to, automatic
5 vehicle identification systems, electronic toll collection systems,
6 and, to the extent permitted by law, including rules adopted by the
7 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
8 chapter, global positioning systems and photo or video based toll
9 collection or toll collection enforcement systems.
10 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
11 establishing procedures for the implementation of the collection
12 of user fees by electronic or other nonmanual means under
13 subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
14 adopted under this subdivision expires on the expiration date
15 stated by the authority in the rule.
16 (b) Notwithstanding subsection (a), no toll or charge shall be made
17 by the authority under this section or under a public-private agreement
18 entered into under IC 8-15.5 for:
19 (1) the operation of temporary lodging facilities located upon or
20 adjacent to any project, nor may the authority itself operate or
21 gratuitously permit the operation of such temporary lodging
22 facilities by other persons without any toll or charge; or
23 (2) placing in, on, along, over, or under such project, such
24 telephone, telegraph, electric light or power lines, equipment, or
25 facilities as may be necessary to serve establishments located on
26 the project or as may be necessary to interconnect any public
27 utility facilities on one (1) side of the toll road project with those
28 on the other side.
29 (c) All contracts executed by the authority shall be preserved in the
30 principal office of the authority.
31 (d) In the case of a toll road project that is not leased to the
32 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
33 each toll road project so that the aggregate of the tolls from the project,
34 together with other revenues that are available to the authority without
35 prior restriction or encumbrance, will at least be adequate to pay:
36 (1) the cost of operating, maintaining, and repairing the toll road
37 project, including major repairs, replacements, and
38 improvements;
39 (2) the principal of and the interest on bonds issued in connection
40 with the toll road project, as the principal and interest becomes
41 due and payable, including any reserve or sinking fund required
42 for the project; and
2022	IN 1100—LS 6770/DI 125 38
1 (3) the payment of principal of and interest on toll road bonds
2 issued by the authority in connection with any other toll road
3 project, including any reserve or sinking fund required for the
4 project, but only to the extent that the authority provides by
5 resolution and subject to the provisions of any trust agreement
6 relating to the project.
7 (e) Not less than one (1) year before the date that final payment of
8 all such bonds, interest, and reimbursement is expected by the
9 chairman of the authority to be completed, the chairman shall notify the
10 state budget committee in writing of the expected date of final
11 payment.
12 (f) Such tolls shall not be subject to supervision or regulation by any
13 other commission, board, bureau, or agency of the state.
14 (g) The tolls, rents, and all other revenues derived by the authority
15 from the toll road project, except those received in accordance with a
16 public-private agreement under IC 8-15.5, shall be used as follows:
17 (1) To pay the cost of operating, maintaining, and repairing the
18 toll road project, including major repairs, replacements, and
19 improvements, to the extent that those costs are not paid out of
20 other funds.
21 (2) To the extent provided for in the resolution authorizing the
22 issuance of bonds under this chapter or in the trust agreement
23 securing the bonds, to pay:
24 (A) the principal of and interest on any bonds as the principal
25 and interest become due; or
26 (B) the redemption price or purchase price of the bonds retired
27 by call or purchase.
28 (3) Except as prohibited by the resolution authorizing the issuance
29 of bonds under this chapter or the trust agreement securing them,
30 for any purpose relating to any toll road project, including the
31 subject toll road project, as the authority provides by resolution.
32 (h) Neither the resolution nor any trust agreement by which a pledge
33 is created needs to be filed or recorded except in the records of the
34 authority.
35 (i) The use and disposition of moneys to the credit of any sinking
36 fund shall be subject to the provisions of any resolution or resolutions
37 authorizing the issuance of any bonds or of any trust agreement. Except
38 as may otherwise be provided in this chapter or in any resolution or any
39 trust agreement, any sinking fund shall be a fund for all bonds without
40 distinction or priority of one over another, subject, however, to such
41 priorities as may arise from prior pledges.
42 (j) In the case of a toll road project that is leased to the department
2022	IN 1100—LS 6770/DI 125 39
1 under IC 8-9.5-8-8, the lease must require that the department fix tolls
2 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
3 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
4 that is subject to a public-private agreement under IC 8-15.5 shall be
5 set in accordance with IC 8-15.5-7.
6 SECTION 40. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
9 adopt rules:
10 (1) Establishing weight and size limitations for vehicles using a
11 toll road project, subject to the following:
12 (A) The operator of any vehicle exceeding any of the
13 maximum allowable dimensions or weights as set out by the
14 authority in rules and regulations shall apply to the authority
15 in writing, for an application for a special hauling permit,
16 which application must be in compliance with all the terms
17 thereof, and which application must be received at least seven
18 (7) days prior to the time of permitted entry should such permit
19 be granted. Such permit, if granted, will be returned to the
20 applicant in duplicate, properly completed and numbered, and
21 the driver of the vehicle shall have a copy to present to the toll
22 attendant on duty at the point of entry.
23 (B) The authority shall assess a fee for issuing a special
24 hauling permit. In assessing the fee, the authority shall take
25 into consideration the following factors:
26 (i) The administrative cost of issuing the permit.
27 (ii) The potential damage the vehicle represents to the
28 project.
29 (iii) The potential safety hazard the vehicle represents.
30 (2) Establishing the minimum speed that a motor vehicle may be
31 driven on the interstate defense network of dual highways.
32 (3) Designating one-way traffic lanes on a toll road project.
33 (4) Determining the manner of operation of motor vehicles
34 entering and leaving traffic lanes on a toll road project.
35 (5) Determining the regulation of U-turns, of crossing or entering
36 medians, of stopping, parking, or standing, and of passing motor
37 vehicles on a toll road project.
38 (6) Determining the establishment and enforcement of traffic
39 control signs and signals for motor vehicles in traffic lanes,
40 acceleration and deceleration lanes, toll plazas, and interchanges
41 on a toll road project.
42 (7) Determining the limitation of entry to and exit from a toll road
2022	IN 1100—LS 6770/DI 125 40
1 project to designated entrances and exits.
2 (8) Determining the limitation on use of a toll road project by
3 pedestrians and aircraft and by vehicles of a type specified in such
4 rules and regulations.
5 (9) Regulating commercial activity on a toll road project,
6 including but not limited to:
7 (A) the offering or display of goods or services for sale;
8 (B) the posting, distributing, or displaying of signs,
9 advertisements, or other printed or written material; and
10 (C) the operation of a mobile or stationary public address
11 system.
12 (10) Establishing enforcement procedures and making
13 assessments for the failure to pay required tolls. The authority
14 may adopt rules under this subdivision under IC 4-22-2-37.1.
15 Except as provided in IC 4-22-2-37.1, a rule under this
16 subdivision adopted under IC 4-22-2-37.1 expires on the
17 expiration date stated in the rule.
18 (b) A person who violates a rule adopted under this section commits
19 a Class C infraction. However, a violation of a weight limitation
20 established by the authority under this section is:
21 (1) a Class B infraction if the total of all excesses of weight under
22 those limitations is more than five thousand (5,000) pounds but
23 not more than ten thousand (10,000) pounds; and
24 (2) a Class A infraction if the total of all excesses of weight under
25 those limitations is more than ten thousand (10,000) pounds.
26 (c) It is a defense to the charge of violating a weight limitation
27 established by the authority under this section that the total of all
28 excesses of weight under those limitations is less than one thousand
29 (1,000) pounds.
30 (d) The court may suspend the registration of a vehicle that violated:
31 (1) a size or weight limitation established by the authority under
32 this section; or
33 (2) a rule adopted under subsection (a)(10);
34 for a period of not more than ninety (90) days.
35 (e) Upon the conviction of a person for a violation of a weight or
36 size limitation established by the authority under this section, the court
37 may recommend suspension of the person's current chauffeur's license
38 only if the violation was committed knowingly.
39 SECTION 41. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
40 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
42 chapter by rule under IC 4-22-2-37.1. Except as provided in
2022	IN 1100—LS 6770/DI 125 41
1 IC 4-22-2-37.1, a rule adopted under this subsection expires on the
2 expiration date stated in the rule.
3 (b) Any action to contest the validity of user fees fixed under this
4 chapter may not be brought after the fifteenth day following the
5 effective date of a rule fixing the user fees adopted under subsection
6 (a).
7 SECTION 42. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
10 throughout this section:
11 (1) "Communications infrastructure" includes all facilities and
12 equipment used to provide communications service (as defined in
13 IC 8-1-32.5-3), including fiber conduit. The term does not include
14 a vertical structure.
15 (2) "Dig once program" refers to the dig once broadband corridor
16 program required under subsection (b).
17 (3) "Fiber conduit" means protective conduit of a size and
18 material that is suitable for underground installation of broadband
19 fiber infrastructure.
20 (4) "Limited access highway" means any roadway that is under
21 the jurisdiction and control of the department and that is one (1)
22 of the following:
23 (A) An interstate.
24 (B) A toll road, tollway, or toll bridge.
25 (C) U.S. 30.
26 (D) U.S. 31.
27 (5) "Vertical structure" means a privately owned structure that is
28 more than one hundred (100) feet above ground and that is used
29 primarily for providing wireless communications service. The
30 term includes related equipment associated with the structure,
31 including air conditioned equipment shelters and rooms,
32 electronic equipment, and supporting equipment.
33 (b) Not later than January 1, 2022, the department shall:
34 (1) implement a dig once broadband corridor program to manage
35 the location, installation, and maintenance of communications
36 infrastructure that is used for the provision of broadband services
37 and is located within highway rights-of-way of limited access
38 highways; and
39 (2) adopt policies, procedures, and standards under the dig once
40 program for required installation of fiber conduit by a public or
41 private entity that performs an excavation within a limited access
42 highway right-of-way.
2022	IN 1100—LS 6770/DI 125 42
1 (c) The dig once program shall apply only to locations along or
2 within a limited access highway right-of-way. The dig once program
3 shall not apply to the placement of communications infrastructure that
4 laterally crosses a roadway under the control of the department.
5 (d) Except as provided in subsection (e), the department shall
6 impose a fee for the use of communications infrastructure installed and
7 maintained under subsection (b). The amount of the fee may not be
8 more than the reasonable fair market value of the use of the highway
9 right-of-way within the broadband corridor.
10 (e) Except for portions of a U.S. route that is a limited access
11 highway under subsection (a)(4), with respect to state routes or U.S.
12 routes, the department may impose only:
13 (1) a one (1) time permit application fee for the location or
14 installation of communications infrastructure that is used for the
15 provision of broadband services and is placed along or within a
16 highway right-of-way; and
17 (2) routine right-of-way permit fees to enter the department's
18 rights-of-way for the maintenance of existing facilities.
19 (f) The department shall not unreasonably discriminate with respect
20 to the following among entities requesting access to broadband
21 corridors or other department controlled rights-of-way:
22 (1) Approving applications, issuing permits, or otherwise
23 establishing terms and conditions for the location, installation,
24 and maintenance of communications infrastructure used for the
25 provision of broadband services.
26 (2) Providing access to rights-of-way, infrastructure, utility poles,
27 river and bridge crossings, and other physical assets owned,
28 controlled, or managed by the department.
29 (3) The type of technology deployed for the provision of
30 broadband services.
31 However, nothing in this subsection abrogates or limits the
32 department's authority under IC 8-23 this article to safely and
33 efficiently manage and operate the state highway system and associated
34 highway rights-of-way for the benefit of the traveling public.
35 (g) The department shall adopt rules under IC 4-22-2, including
36 emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
37 establish the policies, procedures, and standards required under
38 subsection (b) and to otherwise implement this section. Rules or
39 emergency rules adopted by the department under this subsection must
40 take effect not later than January 1, 2022. Notwithstanding
41 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
42 emergency rule adopted by the department under this subsection in the
2022	IN 1100—LS 6770/DI 125 43
1 manner provided by IC 4-22-2-37.1 expires on the date a rule that
2 supersedes the emergency rule is adopted by the department under
3 IC 4-22-2-24 through IC 4-22-2-36.
4 SECTION 43. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
7 provider" means a person able to provide electronic lien or electronic
8 title services in coordination with vehicle lienholders and state
9 departments of motor vehicles.
10 (b) As used in this section, "qualified vendor" refers to a person with
11 whom the bureau contracts to:
12 (1) develop;
13 (2) implement; and
14 (3) provide ongoing support with respect to;
15 a statewide electronic lien and title system under this section.
16 (c) As used in this section, "statewide electronic lien and title
17 system" or "system" means a statewide electronic lien and title system
18 implemented by the bureau under this section to process:
19 (1) vehicle titles;
20 (2) certificate of title data in which a lien is notated; and
21 (3) the notification, maintenance, and release of security interests
22 in vehicles;
23 through electronic means instead of paper documents.
24 (d) Not later than the dates set forth in subsection (h), the bureau
25 shall implement a statewide electronic lien and title system for the
26 following purposes:
27 (1) To facilitate and promote commerce and governmental
28 transactions by validating and authorizing the use of electronic
29 records.
30 (2) To modernize the law and eliminate barriers to electronic
31 commerce and governmental transactions resulting from
32 uncertainties related to handwritten and other written materials.
33 (3) To promote uniformity of the law among the states relating to
34 the use of electronic and similar technological means of effecting
35 and performing commercial and governmental transactions.
36 (4) To promote public confidence in the validity, integrity, and
37 reliability of electronic commerce and governmental transactions.
38 (5) To promote the development of the legal and business
39 infrastructure necessary to implement electronic commerce and
40 governmental transactions.
41 (e) The bureau may:
42 (1) contract with one (1) or more qualified vendors to develop and
2022	IN 1100—LS 6770/DI 125 44
1 implement a statewide electronic lien and title system; or
2 (2) develop and make available to qualified service providers a
3 well defined set of information services that will enable secure
4 access to the data and internal application components necessary
5 to facilitate the creation of a statewide electronic lien and title
6 system.
7 (f) If the bureau elects under subsection (e)(1) to contract with one
8 (1) or more qualified vendors to develop and implement a statewide
9 electronic lien and title system, the following apply:
10 (1) The bureau shall issue a competitive request for proposals to
11 assess the qualifications of any vendor seeking to develop,
12 implement, and provide ongoing support for the system. The
13 bureau may reserve the right to receive input concerning
14 specifications for the establishment and operation of the system
15 from parties that do not respond to the bureau's request for
16 proposals.
17 (2) A contract entered into between the bureau and a qualified
18 vendor may not provide for any costs or charges payable by the
19 bureau to the qualified vendor. The qualified vendor shall
20 reimburse the bureau for any reasonable and documented costs
21 incurred by the bureau and directly associated with the
22 development, implementation, or ongoing support of the system.
23 (3) Upon implementing a statewide electronic lien and title
24 system under this section, the qualified vendor may charge
25 participating lienholders or their agents a fee for each lien
26 notification transaction provided through the system, in order to
27 recover the qualified vendor's costs associated with the
28 development, implementation, and ongoing administration of the
29 system. A lien notification fee under this subdivision must be
30 consistent with market pricing and may not exceed three dollars
31 and fifty cents ($3.50). The qualified vendor may not charge
32 lienholders or their agents any additional fee for lien releases,
33 assignments, or transfers. The qualified vendor may not charge a
34 fee under this subdivision to a state agency or its agents for lien
35 notification, lien release, lien assignment, or lien transfer. To
36 recover their costs associated with the lien, participating
37 lienholders or their agents may charge:
38 (A) the borrower in a vehicle loan; or
39 (B) the lessee in a vehicle lease;
40 an amount equal to any lien notification fee imposed by the
41 qualified vendor under this subdivision, plus a fee in an amount
42 not to exceed three dollars ($3) for each electronic transaction in
2022	IN 1100—LS 6770/DI 125 45
1 which a lien is notated.
2 (4) A qualified vendor may also serve as a qualified service
3 provider to motor vehicle lienholders if the following conditions
4 are met:
5 (A) The contract between the bureau and the qualified vendor
6 must include provisions specifically prohibiting the qualified
7 vendor from using information concerning vehicle titles for
8 any commercial, marketing, business, or other purpose not
9 specifically contemplated by this chapter.
10 (B) The contract between the bureau and the qualified vendor
11 must include an acknowledgment by the qualified vendor that
12 the qualified vendor is required to enter into agreements to
13 exchange electronic lien data with any:
14 (i) qualified service providers that offer electronic lien or
15 title services in Indiana and that have been approved by the
16 bureau for participation in the system; and
17 (ii) qualified service providers that are not qualified vendors.
18 (C) The bureau must periodically monitor the fees charged by
19 a qualified vendor that also:
20 (i) serves as a qualified service provider to lienholders; or
21 (ii) provides services as a qualified vendor to other qualified
22 service providers;
23 to ensure that the qualified vendor is not engaging in predatory
24 pricing.
25 (g) If the bureau elects under subsection (e)(2) to develop an
26 interface to provide qualified service providers secure access to data to
27 facilitate the creation of a statewide electronic lien and title system, the
28 following apply:
29 (1) The bureau shall establish:
30 (A) the total cost to develop the statewide electronic lien and
31 title system by July 1, 2021;
32 (B) qualifications for third party service providers offering
33 electronic lien services; and
34 (C) a qualification process to:
35 (i) evaluate electronic lien and title system technologies
36 developed by third party service providers; and
37 (ii) determine whether such technologies comply with
38 defined security and platform standards.
39 (2) Not later than February 1, 2022, the bureau shall publish on
40 the bureau's Internet web site the qualifications established by the
41 bureau under subdivision (1). A third party service provider that
42 seeks to become qualified by the bureau under this subsection
2022	IN 1100—LS 6770/DI 125 46
1 must demonstrate the service provider's qualifications, in the form
2 and manner specified by the bureau, not later than thirty (30) days
3 after the date of the bureau's publication under this subdivision.
4 After the elapse of the thirty (30) day period during which third
5 party service providers may respond to the bureau's publication
6 under this subdivision, the bureau shall notify each responding
7 third party service provider as to whether the third party service
8 provider has met the qualifications established by the bureau
9 under subdivision (1) and is approved to participate in the
10 statewide electronic lien and title system.
11 (3) Not later than thirty (30) days after receiving a notice of
12 approval from the bureau under subdivision (2), each qualified
13 service provider shall remit to the bureau a payment in an amount
14 equal to the total development costs of the system divided by the
15 total number of qualified service providers participating in the
16 system.
17 (4) If a third party service provider that did not:
18 (A) submit proof of its qualifications under subdivision (2); or
19 (B) pay initial development costs under subdivision (3);
20 later wishes to participate in the system, the third party service
21 provider may apply to the bureau to participate in the system. The
22 bureau shall allow the third party service provider to participate
23 in the system if the third party service provider meets the
24 qualifications established by the bureau under subdivision (1) and
25 pays to the department the third party service provider's
26 proportional share of the system development costs.
27 (5) Each qualified service provider shall remit to the bureau, on
28 a date prescribed by the bureau, an annual fee established by the
29 bureau and not to exceed three thousand dollars ($3,000), to be
30 used for the operation and maintenance of the system.
31 (6) A contract entered into between the bureau and a qualified
32 service provider may not provide for any costs or charges payable
33 by the bureau to the qualified service provider.
34 (7) Upon the implementation of a statewide electronic lien and
35 title system under this section, a qualified service provider may
36 charge participating lienholders or their agents transaction fees
37 consistent with market pricing. A fee under this subdivision may
38 not be charged to a state agency or its agents for lien notification,
39 lien release, lien assignment, or lien transfer.
40 (8) The contract between the bureau and a qualified service
41 provider must include provisions specifically prohibiting the
42 qualified service provider from using information concerning
2022	IN 1100—LS 6770/DI 125 47
1 vehicle titles for any commercial, marketing, business, or other
2 purpose not specifically contemplated by this chapter.
3 (h) Subject to subsection (i), the bureau shall implement, and allow
4 or require the use of, a statewide electronic lien and title system under
5 this section as follows:
6 (1) A statewide electronic lien system that is capable of
7 processing:
8 (A) certificate of title data in which a lien is notated; and
9 (B) the notification, maintenance, and release of security
10 interests in vehicles;
11 through electronic means must be made available for voluntary
12 use by vehicle lienholders not later than February 1, 2022.
13 (2) Subject to subsection (j)(5), the bureau shall require that the
14 statewide electronic lien system made available under subdivision
15 (1) be used for processing:
16 (A) certificate of title data in which a lien is notated; and
17 (B) the notification, maintenance, and release of security
18 interests in vehicles;
19 after June 30, 2022.
20 (3) A statewide electronic title system capable of processing
21 vehicle titles through electronic means must be made available for
22 voluntary use by vehicle dealers, lienholders, and owners not later
23 than July 1, 2022.
24 (4) The bureau shall require that the statewide electronic title
25 system made available under subdivision (3) be used for
26 processing vehicle titles after June 30, 2023.
27 (i) Subsection (h) does not prohibit the bureau or any:
28 (1) qualified vendor with whom the bureau contracts under
29 subsection (f); or
30 (2) qualified service provider with whom the bureau contracts
31 under subsection (g);
32 from implementing, making available, or requiring the use of a
33 statewide electronic lien system described in subsection (h)(1) at the
34 same time as, or in conjunction with, a statewide electronic title system
35 described in subsection (h)(3), or from implementing, making
36 available, or requiring the use of a statewide electronic lien system
37 described in subsection (h)(1) or a statewide electronic title system
38 described in subsection (h)(3) before the applicable dates otherwise set
39 forth in subsection (h).
40 (j) The following apply to the use of a statewide electronic lien
41 system described in subsection (h)(1):
42 (1) Notwithstanding section 5(b) of this chapter, if there are one
2022	IN 1100—LS 6770/DI 125 48
1 (1) or more liens or encumbrances on a motor vehicle, the bureau
2 may electronically transmit the lien to the first lienholder and
3 notify the first lienholder of any additional liens. Subsequent lien
4 satisfactions may be electronically transmitted to the bureau and
5 must include the name and address of the person satisfying the
6 lien.
7 (2) Whenever the electronic transmission of lien notifications and
8 lien satisfactions is used, a certificate of title need not be issued
9 until the last lien is satisfied and a clear certificate of title can be
10 issued to the owner of the motor vehicle. The bureau may print or
11 issue electronically the clear certificate of title to the owner or
12 subsequent assignee of the motor vehicle.
13 (3) If a motor vehicle is subject to an electronic lien, the
14 certificate of title for the motor vehicle is considered to be
15 physically held by the lienholder for purposes of compliance with
16 state or federal odometer disclosure requirements.
17 (4) A certified copy of the bureau's electronic record of a lien is
18 admissible in any civil, criminal, or administrative proceeding in
19 Indiana as evidence of the existence of the lien. If a certificate of
20 title is maintained electronically in a statewide electronic title
21 system described in subsection (h)(3), a certified copy of the
22 bureau's electronic record of the certificate of title is admissible
23 in any civil, criminal, or administrative proceeding in Indiana as
24 evidence of the existence and contents of the certificate of title.
25 (5) All individuals and lienholders who conduct at least twelve
26 (12) lien transactions annually must use the statewide electronic
27 lien and title system implemented under this section to record
28 information concerning the perfection and release of a security
29 interest in a vehicle.
30 (6) An electronic notice or release of a lien made through the
31 statewide electronic lien and title system implemented under this
32 section has the same force and effect as a notice or release of a
33 lien made on a paper document.
34 (7) The bureau may convert an existing paper lien to an electronic
35 lien upon request of the primary lienholder. The bureau, or a third
36 party contracting with the bureau under this section, is authorized
37 to collect a fee not to exceed three dollars ($3) for each
38 conversion performed under this subdivision. A fee under this
39 subdivision may not be charged to a state agency or its agents.
40 (8) Notwithstanding section 5 of this chapter, any requirement
41 that a security interest or other information appear on a certificate
42 of title is satisfied by the inclusion of that information in an
2022	IN 1100—LS 6770/DI 125 49
1 electronic file maintained in an electronic title system.
2 (k) Nothing in this section precludes the bureau from collecting a
3 title fee for the preparation and issuance of a title.
4 (l) The bureau may adopt rules under IC 4-22-2 to implement this
5 section, including emergency rules in the manner provided by
6 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
7 provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
8 under this subsection and in the manner provided by IC 4-22-2-37.1
9 expires on the date on which a rule that supersedes the emergency rule
10 is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
11 SECTION 44. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
12 SECTION 338, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
14 transportation shall adopt emergency rules in the manner provided
15 under IC 4-22-2-37.1 for the:
16 (1) issuance, fee structure, and enforcement of permits for
17 overweight divisible loads;
18 (2) fee structure of permits for loads on extra heavy duty
19 highways; and
20 (3) fee structure of permits for overweight loads.
21 Except as provided in IC 4-22-2-37.1, a rule adopted under this
22 section expires only with the adoption of a new superseding rule.
23 SECTION 45. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
24 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
26 P.L.1-2000, the director of the department of toxicology of the Indiana
27 University School of Medicine may adopt a rule required under section
28 5 of this chapter, section 6 of this chapter, or both in the manner
29 provided for emergency rules under IC 4-22-2-37.1.
30 (b) A rule adopted under this section is effective when it is filed
31 with the secretary of state and, except as provided in IC 4-22-2-37.1,
32 expires on the latest of the following:
33 (1) The date that the director adopts another emergency rule
34 under this section to amend, repeal, or otherwise supersede the
35 previously adopted emergency rule.
36 (2) The date that the director adopts a permanent rule under
37 IC 4-22-2 to amend, repeal, or otherwise supersede the previously
38 adopted emergency rule.
39 (3) July 1, 2001.
40 (c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
41 repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
42 under this section shall be treated as a requirement under section 5 of
2022	IN 1100—LS 6770/DI 125 50
1 this chapter, section 6 of this chapter, or both as appropriate.
2 SECTION 46. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
3 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
5 under IC 4-22-2 necessary to implement this chapter.
6 (b) The office of the secretary may adopt emergency rules under
7 IC 4-22-2-37.1 to implement this chapter on an emergency basis.
8 (c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
9 amendment to an emergency rule adopted under this section expires not
10 later than one (1) year after the rule is accepted for filing under
11 IC 4-22-2-37.1(e).
12 SECTION 47. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
13 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 1. (a) The board may:
15 (1) adopt;
16 (2) repeal;
17 (3) rescind; or
18 (4) amend;
19 rules and standards by proceeding in the manner prescribed in
20 IC 4-22-2 and IC 13-14-9.
21 (b) The board may adopt an emergency rule under IC 4-22-2-37.1
22 to comply with a deadline required by or other date provided by federal
23 law if:
24 (1) the variance procedures are included in the rule; and
25 (2) permits or licenses granted during the period the emergency
26 rule is in effect are reviewed after the emergency rule expires.
27 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
28 under this subsection may be extended for two (2) extension periods by
29 adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
30 not apply to an emergency rule adopted under this subsection.
31 SECTION 48. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
32 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
34 Indiana Register of the second public comment period required by
35 section 2 of this chapter. A notice provided under this section must do
36 the following:
37 (1) Contain the full text of the proposed rule, to the extent
38 required under IC 4-22-2-24(c).
39 (2) Contain a summary of the response of the department to
40 written comments submitted under section 3 of this chapter
41 during the first public comment period.
42 (3) Request the submission of comments, including suggestions
2022	IN 1100—LS 6770/DI 125 51
1 of specific amendments to the language contained in the proposed
2 rule.
3 (4) Contain the full text of the commissioner's written findings
4 under section 7 of this chapter, if applicable.
5 (5) Identify each element of the proposed rule that imposes a
6 restriction or requirement on persons to whom the proposed rule
7 applies that:
8 (A) is more stringent than a restriction or requirement imposed
9 under federal law; or
10 (B) applies in a subject area in which federal law does not
11 impose a restriction or requirement.
12 (6) With respect to each element identified under subdivision (5),
13 identify:
14 (A) the environmental circumstance or hazard that dictates the
15 imposition of the proposed restriction or requirement to
16 protect human health and the environment;
17 (B) examples in which federal law is inadequate to provide the
18 protection referred to in clause (A); and
19 (C) the:
20 (i) estimated fiscal impact; and
21 (ii) expected benefits;
22 based on the extent to which the proposed rule is more
23 stringent than the restrictions or requirements of federal law,
24 or on the creation of restrictions or requirements in a subject
25 area in which federal law does not impose restrictions or
26 requirements.
27 (7) For any element of the proposed rule that imposes a restriction
28 or requirement that is more stringent than a restriction or
29 requirement imposed under federal law or that applies in a subject
30 area in which federal law does not impose restrictions or
31 requirements, describe the availability for public inspection of all
32 materials relied upon by the department in the development of the
33 proposed rule, including, if applicable:
34 (A) health criteria;
35 (B) analytical methods;
36 (C) treatment technology;
37 (D) economic impact data;
38 (E) environmental assessment data;
39 (F) analyses of methods to effectively implement the proposed
40 rule; and
41 (G) other background data.
42 (8) Identify whether the proposed rule imposes a penalty, fine,
2022	IN 1100—LS 6770/DI 125 52
1 or other similar negative impact on a person or business, and
2 if so, contain a written description of the penalty, fine, or
3 other similar negative impact, and why the penalty, fine, or
4 other similar negative impact is considered necessary.
5 (b) The notice required under subsection (a):
6 (1) shall be published electronically in the Indiana Register under
7 procedures established by the publisher; and
8 (2) if any element of the proposed rule to which the notice relates
9 imposes a restriction or requirement that is more stringent than a
10 restriction or requirement imposed under federal law, shall be
11 submitted in an electronic format under IC 5-14-6 to the executive
12 director of the legislative services agency, who shall present the
13 notice to the legislative council established by IC 2-5-1.1-1; and
14 (3) if the proposed rule imposes a penalty, fine, or other
15 similar negative impact on a person or business as described
16 in subsection (a)(8), shall be submitted by the publisher, in an
17 electronic format under IC 5-14-6, to each member of the
18 standing committee or standing committees that have subject
19 matter jurisdiction most closely relating to the subject matter
20 of the rule.
21 (c) If the notice provided by the department concerning a proposed
22 rule identifies, under subsection (a)(5), an element of the proposed rule
23 that imposes a restriction or requirement more stringent than a
24 restriction or requirement imposed under federal law, the proposed rule
25 shall not become effective under this chapter until the adjournment sine
26 die of the regular session of the general assembly that begins after the
27 department provides the notice.
28 (d) Subsections (b)(2) and (c) do not prohibit or restrict the
29 commissioner, the department, or the board from:
30 (1) adopting emergency rules under IC 4-22-2-37.1;
31 (2) taking emergency action under IC 13-14-10; or
32 (3) temporarily:
33 (A) altering ordinary operating policies or procedures; or
34 (B) implementing new policies or procedures;
35 in response to an emergency situation.
36 SECTION 49. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
38 applies to the following:
39 (1) A rule that is required to receive or maintain:
40 (A) delegation;
41 (B) primacy; or
42 (C) approval;
2022	IN 1100—LS 6770/DI 125 53
1 for state implementation or operation of a program established
2 under federal law.
3 (2) A rule that is required to begin or continue receiving federal
4 funding for the implementation or operation of a program.
5 (b) A rule described in subsection (a) does not expire under this
6 chapter.
7 (c) In the seventh fourth year after the effective date of a rule or an
8 amendment to a rule described in subsection (a), the department shall
9 publish a notice in the Indiana Register. The notice may contain a list
10 of several rules that have been effective for seven (7) four (4) years. A
11 separate notice must be published for each board with rulemaking
12 authority. A notice under this subsection must provide for the
13 following:
14 (1) A written comment period of at least thirty (30) days.
15 (2) A request for comments on specific rules that should be
16 reviewed through the regular rulemaking process under
17 IC 13-14-9.
18 (3) A notice of public hearing before the appropriate board.
19 (4) The information required to be identified or described under
20 IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
21 IC 13-14-9-4(a)(8) in the same manner that would apply if the
22 proposed renewal of the expired rule were a proposal to adopt a
23 new rule.
24 (d) The department shall:
25 (1) prepare responses to all comments received during the
26 comment period; and
27 (2) provide all comments and responses to the board during the
28 public board hearing;
29 described in subsection (c).
30 (e) The board, after considering the written comments and
31 responses, as well as testimony at the public hearing described in
32 subsection (c), shall direct the department on whether additional
33 rulemaking actions must be initiated to address concerns raised to the
34 board.
35 (f) For the rules described in subsection (a) that are effective on or
36 before:
37 (1) July 1, 2001, the notice described in subsection (c) shall be
38 published in the Indiana Register before December 31, 2008; or
39 (2) July 1, 2022, the notice described in subsection (c) shall be
40 published in the Indiana Register not later than June 30, 2026.
41 SECTION 50. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
42 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022	IN 1100—LS 6770/DI 125 54
1 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
2 section 1.1 of this chapter, an administrative rule adopted under
3 IC 13-14-9 expires January 1 of the seventh year after the year in which
4 the rule takes effect, unless the rule contains an earlier expiration date.
5 The expiration date of a rule under this section is extended each time
6 that a rule amending an unexpired rule takes effect. The rule, as
7 amended, expires on January 1 of the seventh year after the year in
8 which the amendment takes effect.
9 (b) An administrative rule that:
10 (1) was adopted under a provision of IC 13 that has been repealed
11 by a recodification of IC 13;
12 (2) is in force on December 31, 1995; and
13 (3) is not amended by a rule that takes effect after December 31,
14 1995, and before January 1, 2002;
15 expires not later than January 1, 2002.
16 (c) The determination of whether an administrative rule expires
17 under this chapter shall be applied at the level of an Indiana
18 Administrative Code section.
19 SECTION 51. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
22 subsection (b) or section 1.1 of this chapter, an administrative rule
23 adopted under IC 13-14-9 expires July 1 of the fourth year after
24 the year in which the rule takes effect, unless the rule contains an
25 earlier expiration date. The expiration date of a rule under this
26 section is extended each time that a rule amending an unexpired
27 rule takes effect. The rule, as amended, expires on July 1 of the
28 fourth year after the year in which the amendment takes effect.
29 (b) This subsection applies to an administrative rule that:
30 (1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
31 under IC 4-22-2.5 or this chapter after December 31, 2015,
32 and before January 1, 2020; and
33 (2) is in force on June 30, 2022.
34 The expiration date of a rule described in this subsection is
35 extended under this subsection if the agency intends to readopt the
36 rule. The rule expires on July 1, 2024.
37 SECTION 52. IC 13-14-9.5-3 IS AMENDED TO READ AS
38 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
39 or a board that has rulemaking authority under this title may adopt a
40 rule under IC 13-14-9 in anticipation of a rule's expiration under this
41 chapter.
42 (b) Except as provided in section 5 of this chapter, the department
2022	IN 1100—LS 6770/DI 125 55
1 or a board that has rulemaking authority under this title may not use
2 emergency rule procedures to readopt a rule that is subject to expiration
3 under this chapter.
4 (c) This subsection applies to a rule that expires under this
5 chapter after June 30, 2024. Subject to subsection (f), before the
6 department or a board that has rulemaking authority under this
7 title may readopt a rule under this section, and not later than
8 January 1 of the third year after the year in which the rule most
9 recently took effect, the department or board shall provide notice
10 of the pending readoption of the rule to the publisher. At the same
11 time the agency provides notice of the pending readoption of the
12 rule, the agency shall submit:
13 (1) a copy of the rule;
14 (2) any economic impact statement prepared concerning the
15 rule; and
16 (3) if the rule imposes a penalty, fine, or other similar negative
17 impact on a person or business, a written description of the
18 penalty, fine, or other similar negative impact, and why the
19 penalty, fine, or other similar negative impact is considered
20 necessary.
21 (d) The publisher shall provide a copy of any materials
22 submitted under subsection (c) in an electronic format under
23 IC 5-14-6 to each member of the standing committee or standing
24 committees that have subject matter jurisdiction most closely
25 relating to the subject matter of the rule.
26 (e) The publisher shall publish the materials submitted under
27 subsection (c) in the Indiana Register.
28 (f) If the department or a board that has rulemaking authority
29 under this title intends to readopt a rule described in section 2.1(b)
30 of this chapter, the department or board shall submit the materials
31 under subsection (c) not later than January 1, 2023.
32 SECTION 53. IC 13-14-9.5-5 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
34 readopted and the governor finds that the failure to readopt the rule
35 causes an emergency to exist, the governor may, by executive order
36 issued before the rule's expiration date, postpone the expiration date of
37 the rule until a date that is one (1) year after the date specified in
38 section 2 2.1 of this chapter.
39 SECTION 54. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
40 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
42 that changes a period described under section 1 of this chapter within
2022	IN 1100—LS 6770/DI 125 56
1 which the commissioner must approve or deny an application:
2 (1) if:
3 (A) the general assembly enacts a statute;
4 (B) a board adopts a rule; or
5 (C) the federal government enacts a statute or adopts a
6 regulation;
7 that imposes a new requirement concerning a class of applications
8 that makes it infeasible for the commissioner to approve or deny
9 the application within the period;
10 (2) if:
11 (A) the general assembly enacts a statute;
12 (B) a board adopts a rule; or
13 (C) the federal government enacts a statute or adopts a
14 regulation;
15 that establishes a new permit program for which a period is not
16 described under section 1 of this chapter; or
17 (3) if some other significant factor concerning a class of
18 applications makes it infeasible for the commissioner to approve
19 or deny the application within the period.
20 (b) A board may adopt a rule described in subsection (a) as an
21 emergency rule under IC 4-22-2-37.1, if:
22 (1) the variance procedures are included in the rule; and
23 (2) permits or licenses granted during the period the emergency
24 rule is in effect are reviewed after the emergency rule expires.
25 If a board adopts an emergency rule under this subsection, the period
26 described in section 1 of this chapter is suspended during the
27 emergency rulemaking process. Except as provided in
28 IC 4-22-2-37.1, an emergency rule adopted under this subsection may
29 be extended for two (2) extension periods by adopting another
30 emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
31 apply to an emergency rule adopted under this subsection.
32 SECTION 55. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
33 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 24. The commission may implement a
35 certification program for emergency services personnel regulated by
36 the commission through emergency rules adopted under
37 IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
38 rule adopted under this section expires on the later of the following:
39 (1) July 1, 2014.
40 (2) The date permanent rules are adopted to replace the
41 emergency rules.
42 SECTION 56. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
2022	IN 1100—LS 6770/DI 125 57
1 SECTION 323, IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
3 health may adopt rules establishing the initial schedule of civil
4 penalties required under section 28 of this chapter, as added by
5 P.L.266-2001, at any time after May 11, 2001, in the manner provided
6 for the adoption of emergency rules under IC 4-22-2-37.1. Except as
7 provided in IC 4-22-2-37.1, an emergency rule adopted under this
8 section expires on the later of:
9 (1) the date permanent rules are adopted to replace the emergency
10 rules; or
11 (2) July 1, 2003.
12 (b) A corporation or local health department that, before January 1,
13 2001, adopted monetary penalties for the violation of any state or local
14 law or rule concerning food handling or food establishments may
15 continue to enforce those locally prescribed monetary penalties
16 (including the issuance of tickets or citations authorized by local law)
17 and deposit the amounts collected as prescribed by local law until the
18 later of:
19 (1) the date permanent rules are adopted establishing the schedule
20 of civil penalties required under section 28 of this chapter, as
21 added by P.L.266-2001; or
22 (2) July 1, 2003.
23 SECTION 57. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
26 secured school safety board, may adopt:
27 (1) rules under IC 4-22-2; or
28 (2) emergency rules under IC 4-22-2-37.1;
29 necessary to implement this chapter.
30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
31 adopted by the state board under this section expires on the earlier of
32 the following dates:
33 (1) The expiration date stated in the emergency rule.
34 (2) The date the emergency rule is amended or repealed by a later
35 rule adopted under IC 4-22-2.
36 SECTION 58. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
39 to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
40 published by the National Fire Protection Association, 1 Batterymarch
41 Park, Quincy, Massachusetts 02169-7471.
42 (b) It is the intent of the general assembly that NFPA 72, as may be
2022	IN 1100—LS 6770/DI 125 58
1 amended by the commission under subsection (c), be incorporated into
2 the Indiana Administrative Code. Not later than July 1, 2014, the
3 commission shall adopt rules under IC 4-22-2 to amend 675
4 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
5 Code, subject to subsection (c)(1) and (c)(2). The commission may
6 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
7 comply with this subsection. Except as provided in IC 4-22-2-37.1,
8 an emergency rule adopted by the commission under IC 4-22-2-37.1 to
9 comply with this subsection expires on the date a rule that supersedes
10 the emergency rule is adopted by the commission under IC 4-22-2-24
11 through IC 4-22-2-36.
12 (c) In adopting rules to incorporate NFPA 72 into the Indiana
13 Administrative Code, as required by subsection (b), the commission
14 may amend NFPA 72 as the commission considers appropriate.
15 However, the rules finally adopted by the commission to comply with
16 this section must do the following:
17 (1) Incorporate the definition of, and associated requirements for:
18 (A) a managed facilities-based voice network (MFVN); and
19 (B) a public switched telephone network (PSTN);
20 as set forth in NFPA 72.
21 (2) Allow digital alarm communicator systems that make use of
22 a managed facilities-based voice network (MFVN) to transmit
23 signals from a fire alarm system to an offsite monitoring facility,
24 subject to the requirements for those systems set forth in NFPA
25 72.
26 (d) If the commission does not comply with subsection (b), the
27 following apply on July 1, 2014:
28 (1) The definition of, and associated requirements for:
29 (A) a managed facilities-based voice network (MFVN); and
30 (B) a public switched telephone network (PSTN);
31 as set forth in NFPA 72, are considered incorporated into the
32 Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
33 (or any rules adopted by a state agency, or any ordinances or other
34 regulations adopted by a political subdivision) that conflict with
35 the definitions and requirements described in this subdivision are
36 superseded by the definitions and requirements described in this
37 subdivision. This subdivision continues to apply until the
38 commission adopts rules that amend 675 IAC 28-1-28 to
39 incorporate NFPA 72 into the Indiana Administrative Code and
40 that comply with subsection (c)(1) and (c)(2).
41 (2) A person that after June 30, 2014, installs or uses a digital
42 alarm communicator system that:
2022	IN 1100—LS 6770/DI 125 59
1 (A) makes use of a managed facilities-based voice network
2 (MFVN) to transmit signals from a fire alarm system to an
3 offsite monitoring facility; and
4 (B) meets the requirements for such a system set forth in
5 NFPA 72;
6 is not required to obtain a variance under section 11 of this
7 chapter for the installation or use.
8 SECTION 59. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
11 cited as the First Lien Mortgage Lending Act.
12 (b) Notwithstanding any other provision of this article or IC 24-4.5,
13 but except as provided in IC 4-22-2-37.1, the department may adopt
14 emergency rules under IC 4-22-2-37.1, to remain effective until
15 codified in the Indiana Code, in order to provide for a system of
16 licensing creditors and mortgage loan originators that meets the
17 requirements of:
18 (1) the Secure and Fair Enforcement for Mortgage Licensing Act
19 of 2008 (H.R. 3221 Title V) and the interpretations of that Act
20 issued by the Secretary of Housing and Urban Development and
21 the Consumer Financial Protection Bureau; and
22 (2) the subsequent amendment of the Secure and Fair
23 Enforcement for Mortgage Licensing Act of 2008 by the
24 Economic Growth, Regulatory Relief, and Consumer Protection
25 Act (P.L. 115-174, 132 Stat. 1296).
26 SECTION 60. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
27 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
29 designated as subject to change shall change, as provided in this
30 section, according to the Consumer Price Index for Urban Wage
31 Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
32 equals 100, compiled by Bureau of Labor Statistics, United States
33 Department of Labor, and referred to in this section as the Index. The
34 Index for October, 1971, is the Reference Base Index.
35 (2) The dollar amounts shall change on January 1 of each
36 odd-numbered year if the percentage of change, calculated to the
37 nearest whole percentage point, between the Index at the end of the
38 preceding odd-numbered year and the Reference Base Index is ten
39 percent (10%) or more, except that:
40 (a) the portion of the percentage change in the Index in excess of
41 a multiple of ten percent (10%) shall be disregarded and the
42 dollar amounts shall change only in multiples of ten percent
2022	IN 1100—LS 6770/DI 125 60
1 (10%) of the amounts on March 5, 1971;
2 (b) the dollar amounts shall not change if the amounts required by
3 this section are those currently in effect pursuant to this article as
4 a result of earlier application of the section; and
5 (c) in no event shall the dollar amounts be reduced below the
6 amounts appearing in this article on March 5, 1971.
7 (3) If the Index is revised after December 1967, the percentage of
8 change shall be calculated on the basis of the revised Index. If the
9 revision of the Index changes the Reference Base Index, a revised
10 Reference Base Index shall be determined by multiplying the
11 Reference Base Index by the ratio of the revised Index to the current
12 Index, as each was for the first month in which the revised Index is
13 available. If the Index is superseded, the Index is the one represented
14 by the Bureau of Labor Statistics as reflecting most accurately changes
15 in the purchasing power of the dollar for consumers.
16 (4) The department shall issue an emergency rule under
17 IC 4-22-2-37.1 announcing:
18 (a) sixty (60) days before January 1 of each odd-numbered year
19 in which dollar amounts are to change, the changes in dollar
20 amounts required by subsection (2); and
21 (b) promptly after the changes occur, changes in the Index
22 required by subsection (3), including, when applicable, the
23 numerical equivalent of the Reference Base Index under a revised
24 Reference Base Index and the designation or title of any index
25 superseding the Index.
26 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
27 under this subsection expires on the date the department is next
28 required to issue a rule under this subsection.
29 (5) A person does not violate this article through a transaction
30 otherwise complying with this article if the person relies on dollar
31 amounts either determined according to subsection (2) or appearing in
32 the last rule of the department announcing the then current dollar
33 amounts.
34 SECTION 61. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
35 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
37 IC 4-21.5-3 governs all agency action taken by the department under
38 this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
39 proceedings for administrative review under IC 4-21.5-3 or judicial
40 review under IC 4-21.5-5 shall be held in Marion County. The
41 provisions of IC 4-22-2 prescribing procedures for the adoption of rules
42 by agencies apply to the adoption of rules by the department of
2022	IN 1100—LS 6770/DI 125 61
1 financial institutions under this article. However, if the department
2 declares an emergency in the document containing the rule, the
3 department may adopt rules permitted by this chapter under
4 IC 4-22-2-37.1.
5 (2) Except as provided in IC 4-22-2-37.1, a rule under subsection
6 (1) adopted under IC 4-22-2-37.1 expires on the date the department
7 next adopts a rule under the statute authorizing or requiring the rule.
8 SECTION 62. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
9 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
11 IC 4-22-2, including emergency rules in the manner provided under
12 IC 4-22-2-37.1, to carry out this chapter. Except as provided in
13 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
14 under this section expires on the earlier of the following dates:
15 (1) The expiration date in the emergency rule.
16 (2) The date the emergency rule is amended or repealed by a later
17 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
18 IC 4-22-2-37.1.
19 SECTION 63. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
20 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
22 IC 4-22-2 to implement this article, including emergency rules in the
23 manner provided by IC 4-22-2-37.1. Notwithstanding
24 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
25 emergency rule adopted by the attorney general under this section and
26 in the manner provided by IC 4-22-2-37.1 expires on the date on which
27 a rule that supersedes the emergency rule is adopted by the attorney
28 general under IC 4-22-2-24 through IC 4-22-2-36.
29 SECTION 64. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
30 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
32 certificate under this title that is in effect on July 1, 2018, or created on
33 or established after that date.
34 (b) As used in this section, "crime" has the meaning set forth in
35 IC 33-23-1-4.
36 (c) As used in this section, "criminal history information" has the
37 meaning set forth in IC 5-2-4-1.
38 (d) Not later than November 1, 2018, a board, commission, or
39 committee shall revise its licensing or certification requirements to the
40 extent necessary to explicitly list the crimes that may disqualify an
41 individual from receiving a license or certificate under this title. The
42 board, commission, or committee may not:
2022	IN 1100—LS 6770/DI 125 62
1 (1) use nonspecific terms, such as moral turpitude or good
2 character, as a licensing or certification requirement; or
3 (2) consider an arrest that does not result in a conviction.
4 (e) A board's, commission's, or committee's use of an individual's
5 conviction of a crime as a conviction of concern is limited to a crime
6 directly related to the duties and responsibilities of the occupation or
7 profession for which the individual is applying for or holds a license or
8 certification.
9 (f) If an individual has a conviction of concern, the period of
10 disqualification may not exceed five (5) years after the date of the
11 conviction, unless the individual:
12 (1) was convicted of a crime of violence (as defined by
13 IC 35-50-1-2(a));
14 (2) was convicted of an offense relating to a criminal sexual act
15 (as defined by IC 35-31.5-2-216); or
16 (3) is convicted of a second or subsequent crime during the
17 disqualification period.
18 (g) An individual having a conviction of concern may at any time
19 petition a board, commission, or committee requiring a license or
20 certificate for a determination as to whether the individual's conviction
21 of concern will disqualify the individual from receiving the license or
22 certification. An individual filing a petition under this subsection shall
23 submit the following:
24 (1) At no expense to the state, a national criminal background
25 check by the Federal Bureau of Investigation.
26 (2) Any additional information requested by the board,
27 commission, or committee to assist the board, commission, or
28 committee in its review of the individual's petition.
29 (h) If an individual has a conviction of concern, the board,
30 commission, or committee shall consider the following in determining
31 whether to deny a license or certification to the individual based on the
32 following factors:
33 (1) The nature and seriousness of the crime for which the
34 individual was convicted.
35 (2) The passage of time since the commission of the crime.
36 (3) The relationship of the crime to the ability, capacity, and
37 fitness required to perform the duties and discharge the
38 responsibilities of the occupation.
39 (4) Evidence of rehabilitation or treatment undertaken by the
40 individual that might mitigate against a direct relation to the
41 ability, capacity, and fitness required to perform the duties and
42 discharge the responsibilities of the occupation.
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1 (i) If a board, commission, or committee determines an individual's
2 conviction of concern disqualifies the individual from receiving a
3 license or certification solely or in part because of the individual's
4 criminal history, the board, commission, or committee shall notify the
5 individual in writing of the following:
6 (1) The grounds and reasons for the denial or disqualification.
7 (2) The individual has the right to a hearing to challenge the
8 licensing authority's decision.
9 (3) The earliest date the individual may reapply for a license or
10 certification or the earliest date the individual can petition the
11 board, commission, or committee for a review.
12 (4) Evidence of rehabilitation may be considered upon
13 reapplication.
14 (5) Findings for each of the factors specified in subdivisions (1)
15 through (4).
16 Any written determination that an individual's criminal history contains
17 a conviction of concern that merits the denial of a license must be
18 documented in written findings under subdivision (1) by clear and
19 convincing evidence sufficient for review by a court. In an
20 administrative hearing or a civil action reviewing the denial of a
21 license, a board, commission, or committee has the burden of proof on
22 the question of whether the individual's criminal history, based on the
23 standards provided in subsection (h), should lead to the denial of a
24 license.
25 (j) The board, commission, or committee shall inform the individual
26 of its determination concerning the individual's petition not later than
27 sixty (60) days after the petition, criminal history information, and any
28 other information requested under subsection (g) is received by the
29 board, commission, or committee.
30 (k) The board, commission, or committee may charge a fee
31 established under IC 25-1-8 that does not exceed twenty-five dollars
32 ($25) to pay its costs of reviewing a petition filed under subsection (g).
33 (l) A board, commission, or committee may adopt rules under
34 IC 4-22-2 to implement this section, including emergency rules under
35 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
36 provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
37 commission, or committee under this section and in the manner
38 provided by IC 4-22-2-37.1 expires on the date on which a rule that
39 supersedes the emergency rule is adopted by the board, commission, or
40 committee under IC 4-22-2-24 through IC 4-22-2-36.
41 SECTION 65. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022	IN 1100—LS 6770/DI 125 64
1 JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
2 IC 4-22-2-37.1 to incorporate by reference into a rule the latest
3 statement, edition, or compilation of the professional standards
4 governing the competent practice of accountancy that are:
5 (1) enacted in a federal or state statute, rule, or regulation; or
6 (2) adopted by an agent of the United States, a state, or a
7 nationally recognized organization or association, including the
8 AICPA, the International Accounting Standards Board, and the
9 Public Company Accounting Oversight Board.
10 (b) The board may, by resolution, authorize the executive director
11 of the Indiana professional licensing agency to adopt one (1) or more
12 rules described in subsection (a) on behalf of the board. The
13 authorization may be limited as determined by the board. The board
14 may revise or terminate an authorization by resolution. The executive
15 director of the Indiana professional licensing agency shall adopt rules
16 under IC 4-22-2-37.1 in conformity with the resolution adopted by the
17 board. A rule adopted on behalf of the board by the executive director
18 must:
19 (1) be signed by the executive director;
20 (2) specify on the signature page that the executive director is
21 acting on behalf of the board; and
22 (3) be submitted to the publisher of the Indiana Register under
23 IC 4-22-2-37.1 with a copy of the resolution authorizing the
24 rulemaking.
25 A rule adopted by the executive director in conformity with this
26 subsection shall be treated as a rule of the board.
27 (c) Except as provided in IC 4-22-2-37.1, a rule described in
28 subsection (a) or (b) expires on the later of the date:
29 (1) specified in the rule; or
30 (2) that another rule becomes effective that amends or repeals the
31 previously issued rule.
32 SECTION 66. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
33 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
35 subsection (c), a pharmacy technician may administer an influenza or
36 coronavirus disease immunization to an individual under a drug order
37 or prescription.
38 (b) Subject to rules adopted under subsection (c), a pharmacy
39 technician may administer an influenza or coronavirus disease
40 immunization to an individual or a group of individuals under a drug
41 order, under a prescription, or according to a protocol approved by a
42 physician.
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1 (c) The board shall adopt rules under IC 4-22-2 to establish
2 requirements applying to a pharmacy technician who administers an
3 influenza or coronavirus disease immunization to an individual or
4 group of individuals. The rules adopted under this section must provide
5 for the direct supervision of the pharmacy technician by a pharmacist,
6 a physician, a physician assistant, or an advanced practice registered
7 nurse. Before July 1, 2021, the board shall adopt emergency rules
8 under IC 4-22-2-37.1 to establish the requirements described in this
9 subsection concerning the influenza immunization and the coronavirus
10 disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
11 provided in IC 4-22-2-37.1, an emergency rule adopted by the board
12 under this subsection and in the manner provided by IC 4-22-2-37.1
13 expires on the date on which a rule that supersedes the emergency rule
14 is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
15 (d) The board must approve all programs that provide training to
16 pharmacy technicians to administer influenza and coronavirus disease
17 immunizations as permitted by this section.
18 SECTION 67. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
19 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
21 IC 4-22-2, including emergency rules adopted in the manner provided
22 under IC 4-22-2-37.1, to establish requirements for a third party
23 logistics license, license fees, and other relevant matters consistent with
24 the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
25 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
26 adopted by the board under this section expires on the date the
27 emergency rule is amended or repealed by a later rule adopted under
28 IC 4-22-2-22.5 through IC 4-22-2-36.
29 SECTION 68. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
30 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
32 management company that qualifies as an appraisal management
33 company under 12 U.S.C. 3350(11).
34 (b) As used in this section, "Appraisal Subcommittee" refers to the
35 Appraisal Subcommittee of the Federal Financial Institutions
36 Examination Council.
37 (c) As used in this section, "covered transaction" has the meaning
38 set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
39 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
40 1222.20-1222.26).
41 (d) As used in this section, "performed an appraisal", with respect
42 to a real estate appraiser and an appraisal management company,
2022	IN 1100—LS 6770/DI 125 66
1 means the appraisal service requested of the real estate appraiser by the
2 appraisal management company was provided to the appraisal
3 management company.
4 (e) An appraisal management company to which this section applies
5 shall pay to the board the annual AMC registry fee, as established by
6 the Appraisal Subcommittee, as follows:
7 (1) In the case of an appraisal management company that has been
8 in existence for more than one (1) year, twenty-five dollars ($25)
9 multiplied by the number of real estate appraisers who have
10 performed an appraisal for the appraisal management company in
11 connection with a covered transaction in Indiana during the
12 previous year.
13 (2) In the case of an appraisal management company that has not
14 been in existence for more than one (1) year, twenty-five dollars
15 ($25) multiplied by the number of real estate appraisers who have
16 performed an appraisal for the appraisal management company in
17 connection with a covered transaction in Indiana since the
18 appraisal management company commenced doing business.
19 (f) The AMC registry fee required by this section is in addition to
20 the registration fee required by section 15 of this chapter.
21 (g) The board shall transmit the AMC registry fees collected under
22 this section to the Appraisal Subcommittee on an annual basis. For
23 purposes of this subsection, the board may align a one (1) year period
24 with any twelve (12) month period, which may or not may not be based
25 on the calendar year. Only those appraisal management companies
26 whose registry fees have been transmitted to the Appraisal
27 Subcommittee will be eligible to be on the AMC Registry (as defined
28 in 12 U.S.C. 1102.401(a)).
29 (h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
30 commission may do the following:
31 (1) Adopt rules under IC 4-22-2 to implement this section.
32 (2) Amend rules adopted under this subsection as necessary to
33 conform the annual AMC registry fee required by this section
34 with the AMC registry fee established by the Appraisal
35 Subcommittee.
36 In adopting or amending a rule under this subsection, the commission
37 may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
38 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
39 IC 4-22-2-37.1, an emergency rule adopted by the commission under
40 this subsection and in the manner provided by IC 4-22-2-37.1 expires
41 on the date on which a rule that supersedes the emergency rule is
42 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
2022	IN 1100—LS 6770/DI 125 67
1 SECTION 69. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
2 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
4 shall adopt a rule under IC 4-22-2 establishing the amount for each
5 exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
6 effect not earlier than January 1, 2010, and not later than March 1,
7 2010.
8 (b) The department of financial institutions shall adopt a rule under
9 IC 4-22-2 establishing new amounts for each exemption under section
10 2(c)(1) through 2(c)(3) of this chapter every six (6) years after
11 exemption amounts are established under subsection (a). The rule
12 establishing new exemption amounts under this subsection must take
13 effect not earlier than January 1 and not later than March 1 of the sixth
14 calendar year immediately following the most recent adjustments to the
15 exemption amounts.
16 (c) The department of financial institutions shall determine the
17 amount of each exemption under subsections (a) and (b) based on
18 changes in the Consumer Price Index for All Urban Consumers,
19 published by the United States Department of Labor, for the most
20 recent six (6) year period.
21 (d) The department of financial institutions shall round the amount
22 of an exemption determined under subsections (a) and (b) to the
23 nearest fifty dollars ($50).
24 (e) A rule establishing amounts for exemptions under this section
25 may not reduce an exemption amount below the exemption amount on
26 July 1, 2005.
27 (f) The department of financial institutions may adopt a rule under
28 subsection (a) or subsection (b) as an emergency rule under
29 IC 4-22-2-37.1.
30 (g) Except as provided in IC 4-22-2-37.1, an emergency rule
31 adopted by the department of financial institutions under this section
32 expires on the earlier of the following dates:
33 (1) The expiration date stated in the emergency rule.
34 (2) The date the emergency rule is amended or repealed by a later
35 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
36 IC 4-22-2-37.1.
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