Indiana House Bill HB1100 Amended / Bill

                    *HB1100.1*
January 12, 2022
HOUSE BILL No. 1100
_____
DIGEST OF HB 1100 (Updated January 12, 2022 10:22 am - DI 87)
Citations Affected:  IC 4-3; IC 4-4; IC 4-22; IC 4-30; IC 4-31; IC 5-2;
IC 5-20; IC 5-28; IC 5-33; IC 6-8.1; IC 8-1; IC 8-2.1; IC 8-15;
IC 8-15.5; IC 8-23; IC 9-17; IC 9-20; IC 9-30; IC 12-13; IC 13-14;
IC 13-15; IC 16-31; IC 16-42; IC 20-49; IC 22-13; IC 24-4.4;
IC 24-4.5; IC 24-5; IC 24-14; IC 25-1; IC 25-2.1; IC 25-26; IC 25-34.1;
IC 34-55.
Synopsis:  Agency oversight and rulemaking procedures. With certain
exceptions, 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 general assembly 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 
(Continued next page)
Effective:  July 1, 2022.
Bartels, Miller D, Pressel, Jeter
January 4, 2022, read first time and referred to Committee on Government and Regulatory
Reform.
January 12, 2022, amended, reported — Do Pass.
HB 1100—LS 6770/DI 125 Digest Continued
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
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.
HB 1100—LS 6770/DI 125HB 1100—LS 6770/DI 125 January 12, 2022
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;
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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 general assembly
5 approves the requested continuation of the executive order or
6 proclamation through adoption of a concurrent resolution.
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 general assembly
19 approves the requested continuation of the executive order or
20 proclamation through adoption of a concurrent resolution.
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 general assembly with the
24 request submitted to the publisher; and
25 (2) publish notice of the general assembly's adoption of a
26 concurrent resolution under this chapter in the Indiana
27 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.
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1 SECTION 3. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
3 board, commission, department, division, bureau, committee, or other
4 governmental entity exercising any of the executive (including the
5 administrative) powers of state government. The term does not include
6 the judicial or legislative departments of state government or a political
7 subdivision as defined in IC 36-1-2-13.
8 (b) "Rule" means the whole or any part of an agency statement of
9 general applicability that:
10 (1) has or is designed to have the effect of law; and
11 (2) implements, interprets, or prescribes:
12 (A) law or policy; or
13 (B) the organization, procedure, or practice requirements of an
14 agency.
15 (c) "Rulemaking action" means the process of formulating or
16 adopting a rule. The term does not include an agency action.
17 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
18 (e) "Person" means an individual, corporation, limited liability
19 company, partnership, unincorporated association, or governmental
20 entity.
21 (f) "Publisher" refers to the publisher of the Indiana Register and
22 Indiana Administrative Code, which is the legislative council, or the
23 legislative services agency operating under the direction of the council.
24 (g) "Emergency rule" refers to a rule authorized by a statute
25 outside this article to be adopted in accordance with the
26 procedures in section 37.1 of this chapter.
27 (g) (h) The definitions in this section apply throughout this article.
28 SECTION 4. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
29 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
31 chapter applies to the addition, amendment, or repeal of a rule in every
32 rulemaking action.
33 (b) This chapter does not apply to the following agencies:
34 (1) Any military officer or board.
35 (2) Any state educational institution.
36 (c) This chapter does not apply to a rulemaking action that results
37 in any of the following rules:
38 (1) A resolution or directive of any agency that relates solely to
39 internal policy, internal agency organization, or internal procedure
40 and does not have the effect of law.
41 (2) A restriction or traffic control determination of a purely local
42 nature that:
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1 (A) is ordered by the commissioner of the Indiana department
2 of transportation;
3 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
4 IC 9-20-7; and
5 (C) applies only to one (1) or more particularly described
6 intersections, highway portions, bridge causeways, or viaduct
7 areas.
8 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
9 (4) An executive order or proclamation issued by the governor.
10 (d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
11 26, 27, and 29 of this chapter do not apply to rulemaking actions under
12 IC 13-14-9.
13 SECTION 5. IC 4-22-2-18.5 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2022]: Sec. 18.5. (a) This section applies to rulemaking actions
16 for which a notice of intent to adopt a rule is published under
17 section 23 of this chapter after June 30, 2022. However, this section
18 does not apply:
19 (1) if an agency is readopting a rule with no changes; or
20 (2) to a rulemaking action for which the adoption of rules is:
21 (A) required to begin or maintain state implementation of
22 a program established under federal law or state statute;
23 or
24 (B) required by a state statute.
25 (b) As used in this section, "rule containing a regulatory
26 restriction" means a rule that requires or prohibits an action on
27 behalf of a person.
28 (c) Nothing in this section shall be construed as a waiver of the
29 requirement that an agency adhere to the format, numbering
30 system, standards, and techniques established by the publisher
31 under section 42 of this chapter when adopting or amending a rule.
32 (d) An agency may not initiate a rulemaking action to adopt a
33 new rule containing a regulatory restriction under this chapter
34 unless the agency simultaneously repeals an existing rule
35 containing a regulatory restriction.
36 (e) An agency does not satisfy the requirement under subsection
37 (d) by repealing a rule and including the language from the
38 repealed rule in a new rule if the language of the repealed rule
39 remains substantially similar in the new rule.
40 (f) The attorney general is responsible for ensuring that an
41 agency complies with the requirements of this section.
42 SECTION 6. IC 4-22-2-19.3 IS ADDED TO THE INDIANA CODE
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1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2022]: Sec. 19.3. A rule adopted under this article or under
3 IC 13-14-9.5 may not:
4 (1) establish requirements more stringent; or
5 (2) impose harsher penalties;
6 than requirements or penalties established or imposed by
7 comparable federal statutes or regulations.
8 SECTION 7. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
11 submitted to the publisher after June 30, 2022.
12 (b) At the same time an agency submits a proposed rule to the
13 publisher under section 24 of this chapter, the agency shall submit
14 to the publisher the following:
15 (1) If applicable, the economic impact statement prepared by
16 the agency under IC 4-22-2.1-5.
17 (2) If the rule imposes a penalty, fine, or other similar
18 negative impact on a person or business, a written explanation
19 of the penalty, fine, or other similar negative impact, and why
20 the penalty, fine, or other similar negative impact is
21 considered necessary.
22 (c) The publisher shall provide a copy of the materials
23 submitted by an agency under this section in an electronic format
24 under IC 5-14-6 to each member of the standing committee or
25 standing committees that have subject matter jurisdiction most
26 closely relating to the subject matter of the rule.
27 (d) The publisher shall publish the materials submitted under
28 subsection (b) in the Indiana Register.
29 SECTION 8. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
32 this section:
33 (1) "Ombudsman" refers to the small business ombudsman
34 designated under IC 5-28-17-6.
35 (2) "Total estimated economic impact" means the direct annual
36 economic impact of a rule on all regulated persons after the rule
37 is fully implemented under subsection (g).
38 (b) The ombudsman:
39 (1) shall review a proposed rule that:
40 (A) imposes requirements or costs on small businesses (as
41 defined in IC 4-22-2.1-4); and
42 (B) is referred to the ombudsman by an agency under
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1 IC 4-22-2.1-5(c); and
2 (2) may review a proposed rule that imposes requirements or
3 costs on businesses other than small businesses (as defined in
4 IC 4-22-2.1-4).
5 After conducting a review under subdivision (1) or (2), the ombudsman
6 may suggest alternatives to reduce any regulatory burden that the
7 proposed rule imposes on small businesses or other businesses. The
8 agency that intends to adopt the proposed rule shall respond in writing
9 to the ombudsman concerning the ombudsman's comments or
10 suggested alternatives before adopting the proposed rule under section
11 29 of this chapter.
12 (c) Subject to subsection (e) and not later than fifty (50) days before
13 the public hearing for a proposed rule required by section 26 of this
14 chapter, an agency shall submit the proposed rule to the office of
15 management and budget for a review under subsection (d), if the
16 agency proposing the rule determines that the rule will have a total
17 estimated economic impact greater than five hundred thousand dollars
18 ($500,000) on all regulated persons. In determining the total estimated
19 economic impact under this subsection, the agency shall consider any
20 applicable information submitted by the regulated persons affected by
21 the rule. To assist the office of management and budget in preparing
22 the fiscal impact statement required by subsection (d), the agency shall
23 submit, along with the proposed rule, the data used and assumptions
24 made by the agency in determining the total estimated economic
25 impact of the rule.
26 (d) Except as provided in subsection (e), before the adoption of the
27 rule, and not more than forty-five (45) days after receiving a proposed
28 rule under subsection (c), the office of management and budget shall
29 prepare, using the data and assumptions provided by the agency
30 proposing the rule, along with any other data or information available
31 to the office of management and budget, a fiscal impact statement
32 concerning the effect that compliance with the proposed rule will have
33 on:
34 (1) the state; and
35 (2) all persons regulated by the proposed rule.
36 The fiscal impact statement must contain the total estimated economic
37 impact of the proposed rule and a determination concerning the extent
38 to which the proposed rule creates an unfunded mandate on a state
39 agency or political subdivision. The fiscal impact statement is a public
40 document. The office of management and budget shall make the fiscal
41 impact statement available to interested parties upon request and to the
42 agency proposing the rule. The agency proposing the rule shall
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1 consider the fiscal impact statement as part of the rulemaking process
2 and shall provide the office of management and budget with the
3 information necessary to prepare the fiscal impact statement, including
4 any economic impact statement prepared by the agency under
5 IC 4-22-2.1-5. The office of management and budget may also receive
6 and consider applicable information from the regulated persons
7 affected by the rule in preparation of the fiscal impact statement.
8 (e) With respect to a proposed rule subject to IC 13-14-9:
9 (1) the department of environmental management shall give
10 written notice to the office of management and budget of the
11 proposed date of preliminary adoption of the proposed rule not
12 less than sixty-six (66) days before that date; and
13 (2) the office of management and budget shall prepare the fiscal
14 impact statement referred to in subsection (d) not later than
15 twenty-one (21) days before the proposed date of preliminary
16 adoption of the proposed rule.
17 (f) In determining whether a proposed rule has a total estimated
18 economic impact greater than five hundred thousand dollars
19 ($500,000), the agency proposing the rule shall consider the impact of
20 the rule on any regulated person that already complies with the
21 standards imposed by the rule on a voluntary basis.
22 (g) For purposes of this section, a rule is fully implemented after:
23 (1) the conclusion of any phase-in period during which:
24 (A) the rule is gradually made to apply to certain regulated
25 persons; or
26 (B) the costs of the rule are gradually implemented; and
27 (2) the rule applies to all regulated persons that will be affected
28 by the rule.
29 In determining the total estimated economic impact of a proposed rule
30 under this section, the agency proposing the rule shall consider the
31 annual economic impact on all regulated persons beginning with the
32 first twelve (12) month period after the rule is fully implemented. The
33 agency may use actual or forecasted data and may consider the actual
34 and anticipated effects of inflation and deflation. The agency shall
35 describe any assumptions made and any data used in determining the
36 total estimated economic impact of a rule under this section.
37 (h) An agency shall provide the legislative council in an electronic
38 format under IC 5-14-6 with any analysis, data, and description of
39 assumptions submitted to the office of management and budget under
40 this section or section 40 of this chapter at the same time the agency
41 submits the information to the office of management and budget. The
42 office of management and budget shall provide the legislative council
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1 in an electronic format under IC 5-14-6 any fiscal impact statement and
2 related supporting documentation prepared by the office of
3 management and budget under this section or section 40 of this chapter
4 at the same time the office of management and budget provides the
5 fiscal impact statement to the agency proposing the rule. 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 (i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
10 legislative council in an electronic format under IC 5-14-6 with any
11 economic impact or fiscal impact statement, including any supporting
12 data, studies, or analysis, prepared for a rule proposed by the agency or
13 subject to readoption by the agency to comply with:
14 (1) a requirement in section 19.5 of this chapter to minimize the
15 expenses to regulated entities that are required to comply with the
16 rule;
17 (2) a requirement in section 24 of this chapter to publish a
18 justification of any requirement or cost that is imposed on a
19 regulated entity under the rule;
20 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
21 describes the annual economic impact of a rule on all small
22 businesses after the rule is fully implemented;
23 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
24 consider whether there are any alternative methods of achieving
25 the purpose of the rule that are less costly or less intrusive, or that
26 would otherwise minimize the economic impact of the proposed
27 rule on small businesses;
28 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
29 information concerning the fiscal impact of a rule or alternatives
30 to a rule subject to these provisions; or
31 (6) a requirement under any other law to conduct an analysis of
32 the cost, economic impact, or fiscal impact of a rule;
33 regardless of whether the total estimated economic impact of the
34 proposed rule is more than five hundred thousand dollars ($500,000),
35 as soon as practicable after the information is prepared. Information
36 submitted under this subsection must identify the rule to which the
37 information is related by document control number assigned by the
38 publisher.
39 SECTION 9. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
42 adopted under this section:
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1 (1) Sections 24 23 through 36 of this chapter.
2 (2) IC 13-14-9.
3 (b) In conformity with section 14 of this chapter, this section
4 creates only procedural rights and imposes only procedural duties.
5 This section does not delegate substantive authority to an agency
6 to adopt a rule. This section applies only if a statute outside this
7 article delegates substantive rulemaking authority to the agency
8 and that statute or another statute expressly authorizes the agency
9 to exercise the rulemaking authority in accordance with the
10 emergency procedures in this section. A rule may be adopted under
11 this section statute outside this article authorizes an agency to
12 exercise the agency's rulemaking authority in accordance with the
13 procedures in this section if a the statute delegating authority to an
14 agency to adopt rules authorizes adoption of such a rule: expressly
15 states that rules may or shall be adopted:
16 (1) under this section; or
17 (2) in the manner provided by this section.
18 (c) To initiate a rulemaking proceeding under this section, an
19 agency must:
20 (1) demonstrate through findings of fact that:
21 (A) an imminent peril to the public health, safety, or
22 welfare;
23 (B) avoidance of a loss of federal funding for an agency
24 program or a violation of federal law or regulation;
25 (C) a change in the agency's governing statutes or a federal
26 program; or
27 (D) avoidance of any other substantial negative impact to
28 the public interest;
29 requires the immediate adoption of a rule in accordance with
30 this section; and
31 (2) after an agency adopts a rule under this section, the agency
32 shall submit the rule and findings of fact to the publisher for the
33 assignment of a document control number.
34 The agency shall submit the rule in the form required by section 20 of
35 this chapter and with the documents required by section 21 of this
36 chapter. The publisher shall determine the format of the rule and other
37 documents to be submitted under this subsection. The agency may
38 adopt the emergency rule before or after submission of the
39 emergency rule to the publisher. The publisher shall assign a
40 document control number for the rule. The publisher shall also
41 provide a copy of the emergency rule in an electronic format under
42 IC 5-14-6 to each member of the standing committee or standing
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1 committees that have subject matter jurisdiction most closely
2 relating to the subject matter of the emergency rule along with a
3 statement indicating that the rule has been submitted to the
4 attorney general for review.
5 (d) After the document control number has been assigned and the
6 agency adopts the emergency rule, the agency shall submit the
7 emergency rule, the findings required under subsection (c)(1), the
8 document number, the documents required by section 21 of this
9 chapter, and any other documents specified by the attorney general
10 to the publisher for filing. attorney general for review. The agency
11 shall submit the rule in the form required by section 20 of this chapter.
12 and with the documents required by section 21 of this chapter. The
13 publisher shall determine the format of the rule and other documents
14 to be submitted under this subsection.
15 (e) The attorney general shall conduct an expedited review of a
16 rule submitted under subsection (d) for legality and form. The
17 attorney general shall complete the review within a time consistent
18 with the emergency. The attorney general may return the rule to
19 the agency without disapproving the rule, and the agency may
20 recall and resubmit the rule to the attorney general under the same
21 document number in accordance with section 40 of this chapter. If
22 the attorney general does not approve the rule for legality and
23 form before the thirty-first day after the rule is submitted, the rule
24 is deemed approved, and the agency may submit it to the publisher.
25 (e) (f) When a rule has been approved or deemed approved for
26 legality and form by the attorney general, the agency shall
27 immediately submit the rule to the publisher for filing. Subject to
28 section 39 of this chapter, the publisher shall:
29 (1) accept the rule for filing; and
30 (2) electronically record the date and time that the rule is
31 accepted;
32 (3) publish the emergency rule; and
33 (4) provide a copy of the emergency rule in an electronic
34 format under IC 5-14-6 to each member of the standing
35 committee or standing committees that have subject matter
36 jurisdiction most closely relating to the subject matter of the
37 emergency rule along with a statement indicating that the rule
38 has been approved by the attorney general.
39 (f) (g) A rule adopted by an agency under this section takes effect
40 on the latest of the following dates:
41 (1) The effective date of the statute delegating authority to the
42 agency to adopt the rule.
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1 (2) The date and time that the rule is accepted for filing under
2 subsection (e). (f).
3 (3) The effective date stated by the adopting agency in the rule.
4 (4) The date of compliance with every requirement established by
5 law as a prerequisite to the adoption or effectiveness of the rule.
6 (5) The statutory effective date for an emergency rule set forth in
7 the statute authorizing the agency to adopt emergency rules.
8 (g) (h) Unless otherwise provided by the statute authorizing
9 adoption of the rule: Except as permitted under subsection (k) or (l):
10 (1) a rule adopted under this section expires not later than ninety
11 (90) days after the rule is accepted for filing under subsection (e);
12 (f);
13 (2) a rule adopted under this section may be extended by adopting
14 another rule under this section, but only for one (1) extension
15 period; and
16 (3) for a rule adopted under this section to be effective after one
17 (1) extension period, the rule must be adopted under:
18 (A) sections 24 through 36 of this chapter; or
19 (B) IC 13-14-9;
20 as applicable.
21 (h) (i) This section may not be used to readopt a rule under
22 IC 4-22-2.5.
23 (i) (j) The publisher of the Indiana administrative code shall
24 annually publish a list of agencies authorized to adopt rules under this
25 section.
26 (k) This subsection applies if a statute delegates authority to an
27 agency to adopt an emergency rule and a change in the agency's
28 governing statutes or a federal program requires an immediate
29 adoption of an emergency rule. An agency may extend a rule for
30 not more than six (6) extension periods in addition to the extension
31 period permitted under subdivision (h)(2) if the agency determines
32 the additional extensions are needed to allow sufficient time to
33 adopt a rule under sections 24 through 36 of this chapter or
34 IC 13-14-9.
35 (l) This subsection is intended to establish uniform procedures
36 for the implementation of emergency rules not described in
37 subsection (k). If a statute outside this chapter (regardless of
38 whether the statute is enacted before, on, or after July 1, 2022)
39 permits an emergency rule to be:
40 (1) effective for more than ninety (90) days, the emergency
41 rule expires ninety (90) days after the rule becomes effective,
42 unless, before the expiration date, the agency provides
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1 electronic notice to the publisher stating the reasons for
2 continuation of the emergency rule and the legislative council
3 approves the continuation of the emergency rule; or
4 (2) extended for more than one (1) extension period, the
5 agency may not apply the statute to extend the emergency
6 rule for more than one (1) extension period of not more than
7 ninety (90) days, unless, before the extension period elapses,
8 the agency provides electronic notice to the publisher stating
9 the reasons for additional extensions of the emergency rule
10 and the legislative council approves the requested additional
11 extension of the emergency rule.
12 However, if an emergency rule (including an emergency rule in
13 effect on an extension) is in effect on July 1, 2022, the emergency
14 rule expires on the earlier of the date that the emergency rule
15 would expire without the application of this subsection or
16 September 28, 2022, unless, before the expiration, the agency
17 provides electronic notice to the publisher stating the reasons for
18 continuation of the emergency rule and the legislative council
19 approves the requested continuation of the emergency rule. The
20 publisher shall publish notice of a request under this subsection in
21 the Indiana Register and provide the chair and vice chair of the
22 legislative council with the request submitted to the publisher. The
23 publisher shall publish notice of a determination of the legislative
24 council under this subsection in the Indiana Register.
25 SECTION 10. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
27 applies to the following:
28 (1) A rule that is required to receive or maintain:
29 (A) delegation;
30 (B) primacy; or
31 (C) approval;
32 for state implementation or operation of a program established
33 under federal law.
34 (2) A rule that is required to begin or continue receiving federal
35 funding for the implementation or operation of a program.
36 (b) A rule described in subsection (a) does not expire under this
37 chapter. However, except as provided in subsection (c), an agency
38 shall readopt a rule described in this section before January 1 July 1 of
39 the seventh fourth year after the year in which the rule takes effect as
40 set forth in this chapter.
41 (c) For a rule described in subsection (a) that takes effect before
42 July 1, 2022, the agency shall readopt the rule not later than June
HB 1100—LS 6770/DI 125 13
1 30, 2026.
2 SECTION 11. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
5 section 1.1 of this chapter, an administrative rule adopted under
6 IC 4-22-2 expires January 1 of the seventh year after the year in which
7 the rule takes effect, unless the rule contains an earlier expiration date.
8 The expiration date of a rule under this section is extended each time
9 that a rule amending an unexpired rule takes effect. The rule, as
10 amended, expires on January 1 of the seventh year after the year in
11 which the amendment takes effect.
12 (b) An administrative rule that:
13 (1) was adopted under IC 4-22-2;
14 (2) is in force on December 31, 1995; and
15 (3) is not amended by a rule that takes effect after December 31,
16 1995, and before January 1, 2002;
17 expires not later than January 1, 2002.
18 (c) The determination of whether an administrative rule expires
19 under this chapter shall be applied at the level of an Indiana
20 Administrative Code section.
21 SECTION 12. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
24 subsection (b) or section 1.1 of this chapter, an administrative rule
25 adopted under IC 4-22-2 expires July 1 of the fourth year after the
26 year in which the rule takes effect, unless the rule contains an
27 earlier expiration date. The expiration date of a rule under this
28 section is extended each time that a rule amending an unexpired
29 rule takes effect. The rule, as amended, expires on July 1 of the
30 fourth year after the year in which the amendment takes effect.
31 (b) This subsection applies to an administrative rule that:
32 (1) was adopted under IC 4-22-2 or readopted under this
33 chapter after December 31, 2015, and before January 1, 2020;
34 and
35 (2) is in force on June 30, 2022.
36 The expiration date of a rule described in this subsection is
37 extended under this subsection if the agency intends to readopt the
38 rule. The rule expires on July 1, 2024.
39 SECTION 13. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
42 is subject to expiration under this chapter must:
HB 1100—LS 6770/DI 125 14
1 (1) follow the procedure for adoption of administrative rules
2 under IC 4-22-2; and
3 (2) for a rule that expires under this chapter:
4 (A) after June 30, 2005, conduct any review required under
5 section 3.1 of this chapter; and
6 (B) after June 30, 2024:
7 (i) conduct any review and compile any reports required
8 under section 3.1 of this chapter; and
9 (ii) provide the notification and any reports as required
10 under section 3.5 of this chapter.
11 (b) An agency may adopt a rule under IC 4-22-2 in anticipation of
12 a rule's expiration under this chapter.
13 (c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
14 subject to expiration under this chapter.
15 SECTION 14. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
18 (1) expires under this chapter after June 30, 2005; and
19 (2) imposes requirements or costs on small businesses.
20 (b) As used in this section, "small business" has the meaning set
21 forth in IC 4-22-2.1-4.
22 (c) Subject to subsection (e), before an agency may act under
23 section 3 of this chapter to readopt a rule described in subsection (a),
24 the agency shall conduct a review to consider whether there are any
25 alternative methods of achieving the purpose of the rule that are less
26 costly or less intrusive, or that would otherwise minimize the economic
27 impact of the proposed rule on small businesses. In reviewing a rule
28 under this section, the agency shall consider the following:
29 (1) The continued need for the rule.
30 (2) The nature of any complaints or comments received from the
31 public, including small businesses, concerning the rule or the
32 rule's implementation by the agency.
33 (3) The complexity of the rule, including any difficulties
34 encountered by:
35 (A) the agency in administering the rule; or
36 (B) small businesses in complying with the rule.
37 (4) The extent to which the rule overlaps, duplicates, or conflicts
38 with other federal, state, or local laws, rules, regulations, or
39 ordinances.
40 (5) The length of time since the rule was last reviewed under this
41 section or otherwise evaluated by the agency, and the degree to
42 which technology, economic conditions, or other factors have
HB 1100—LS 6770/DI 125 15
1 changed in the area affected by the rule since that time.
2 (d) This subsection applies to a rule that was adopted through a
3 rulemaking action initiated by the agency under IC 4-22-2-23 after June
4 30, 2005. Subject to subsection (e), in reviewing the rule under this
5 section, the agency shall reexamine the most recent economic impact
6 statement prepared by the agency under IC 4-22-2.1-5. The agency
7 shall consider:
8 (1) the degree to which the factors analyzed in the statement have
9 changed since the statement was prepared; and
10 (2) whether:
11 (A) any regulatory alternatives included in the statement under
12 IC 4-22-2.1-5(a)(5); or
13 (B) any regulatory alternatives not considered by the agency
14 at the time the statement was prepared;
15 could be implemented to replace one (1) or more of the rule's
16 existing requirements.
17 (e) This subsection applies to a rule that expires under this
18 chapter after June 30, 2024. Before an agency may act under
19 section 3 of this chapter to readopt a rule described in subsection
20 (a), and not later than January 1 of the third year after the year in
21 which the rule most recently took effect, the agency shall:
22 (1) conduct the review under subsection (c) and prepare a
23 written report detailing the agency's findings in the review;
24 and
25 (2) conduct the reexamination under subsection (d) and make
26 any necessary updates to the economic impact statement.
27 (e) (f) After conducting the review required by this section and
28 providing the notification required under section 3.5 of this
29 chapter, the agency shall:
30 (1) readopt the rule without change, if no alternative regulatory
31 methods exist that could minimize the economic impact of the
32 rule on small businesses while still achieving the purpose of the
33 rule;
34 (2) amend the rule to implement alternative regulatory methods
35 that will minimize the economic impact of the rule on small
36 businesses; or
37 (3) repeal the rule, if the need for the rule no longer exists.
38 SECTION 15. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
41 rule that expires under this chapter after June 30, 2024.
42 (b) Subject to subsection (e), before an agency may act under
HB 1100—LS 6770/DI 125 16
1 section 3 of this chapter to readopt a rule described in subsection
2 (a), and not later than January 1 of the third year after the year in
3 which the rule most recently took effect, the agency shall provide
4 notice of the pending readoption of the rule to the publisher. At the
5 same time the agency provides notice of the pending readoption of
6 the rule, the agency shall submit the following:
7 (1) A copy of the written report prepared under section
8 3.1(e)(1) of this chapter.
9 (2) A copy of the updated economic impact statement
10 prepared by the agency under section 3.1(e)(2) of this chapter.
11 If no update of the economic impact statement was necessary
12 under section 3.1(e)(2) of this chapter, the agency shall
13 provide a copy of the most recent economic impact statement
14 prepared by the agency under IC 4-22-2.1-5.
15 (3) If the rule imposes a penalty, fine, or other similar
16 negative impact on a person or business, a written description
17 of the penalty, fine, or other similar negative impact, and why
18 the penalty, fine, or other similar negative impact is
19 considered necessary.
20 (c) The publisher shall provide a copy of the materials
21 submitted by an agency in an electronic format under IC 5-14-6 to
22 each member of the standing committee or standing committees
23 that have subject matter jurisdiction most closely relating to the
24 subject matter of the rule.
25 (d) The publisher shall publish the materials submitted under
26 subsection (b) in the Indiana Register.
27 (e) If an agency intends to readopt a rule described in section
28 2.1(b) of this chapter, the agency shall submit the materials under
29 subsection (b) not later than January 1, 2023.
30 SECTION 16. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
31 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
33 subject to section sections 3.1 and 3.5 of this chapter, an agency may
34 readopt all rules subject to expiration under this chapter under one (1)
35 rule that lists all rules that are readopted by their titles and subtitles
36 only. A rule that has expired but is readopted under this subsection may
37 not be removed from the Indiana Administrative Code.
38 (b) If, not later than thirty (30) days after an agency's publication of
39 notice of its intention to adopt a rule under IC 4-22-2-23 using the
40 listing allowed under subsection (a), a person submits to the agency a
41 written request and the person's basis for the request that a particular
42 rule be readopted separately from the readoption rule described in
HB 1100—LS 6770/DI 125 17
1 subsection (a), the agency must:
2 (1) readopt that rule separately from the readoption rule described
3 in subsection (a); and
4 (2) follow the procedure for adoption of administrative rules
5 under IC 4-22-2 with respect to the rule.
6 (c) If the agency does not receive a written request under subsection
7 (b) regarding a rule within thirty (30) days after the agency's
8 publication of notice, the agency may:
9 (1) submit the rule for filing with the publisher under
10 IC 4-22-2-35; or
11 (2) elect the procedure for readoption under IC 4-22-2.
12 SECTION 17. IC 4-22-2.5-5 IS AMENDED TO READ AS
13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
14 readopted before the expiration date for the rule and the governor finds
15 that the failure to readopt the rule causes an emergency to exist, the
16 governor may, by executive order issued before the rule's expiration
17 date, postpone the expiration date of the rule until a date that is one (1)
18 year after the date specified in section 2 2.1 of this chapter.
19 SECTION 18. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
22 under IC 4-22-2-37.1.
23 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
24 adopted by the commission under this section expires on the earlier of
25 the following dates:
26 (1) The expiration date stated in the emergency rule.
27 (2) The date the emergency rule is amended or repealed by a later
28 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
29 IC 4-22-2-37.1.
30 SECTION 19. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
33 commission may:
34 (1) adopt rules under IC 4-22-2, including emergency rules under
35 IC 4-22-2-37.1, to implement this article, including rules that
36 prescribe:
37 (A) the forms of wagering that are permitted;
38 (B) the number of races;
39 (C) the procedures for wagering;
40 (D) the wagering information to be provided to the public;
41 (E) fees for the issuance and renewal of:
42 (i) permits under IC 4-31-5;
HB 1100—LS 6770/DI 125 18
1 (ii) satellite facility licenses under IC 4-31-5.5; and
2 (iii) licenses for racetrack personnel and racing participants
3 under IC 4-31-6;
4 (F) investigative fees;
5 (G) fines and penalties; and
6 (H) any other regulation that the commission determines is in
7 the public interest in the conduct of recognized meetings and
8 wagering on horse racing in Indiana;
9 (2) appoint employees and fix their compensation, subject to the
10 approval of the budget agency under IC 4-12-1-13;
11 (3) enter into contracts necessary to implement this article; and
12 (4) receive and consider recommendations from a development
13 advisory committee established under IC 4-31-11.
14 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
15 adopted by the commission under subsection (a) expires on the earlier
16 of the following dates:
17 (1) The expiration date stated in the emergency rule.
18 (2) The date the emergency rule is amended or repealed by a later
19 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
20 IC 4-22-2-37.1.
21 SECTION 20. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
24 rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
25 to implement this chapter.
26 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
27 adopted under this section expires on the earlier of the following dates:
28 (1) The expiration date stated in the emergency rule.
29 (2) The date the emergency rule is amended or repealed by a later
30 rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
31 IC 4-22-2-37.1.
32 (c) The criminal justice institute may readopt an emergency rule that
33 has expired.
34 SECTION 21. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
35 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
37 IC 4-22-2, including emergency rules adopted in the manner provided
38 by IC 4-22-2-37.1, to establish the policies and procedures required
39 under section 6 of this chapter and to otherwise implement this chapter.
40 Rules or emergency rules adopted by the authority under this section
41 must take effect not later than January 1, 2018.
42 (b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
HB 1100—LS 6770/DI 125 19
1 IC 4-22-2-37.1, an emergency rule adopted by the authority in the
2 manner provided by IC 4-22-2-37.1 to establish the policies and
3 procedures required under section 6 of this chapter and to otherwise
4 implement this chapter expires on the date a rule that supersedes the
5 emergency rule is adopted by the authority under IC 4-22-2-24 through
6 IC 4-22-2-36.
7 SECTION 22. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
8 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
10 IC 4-22-2 to carry out its duties under this article. The board may also
11 adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
12 under this article.
13 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
14 adopted under subsection (a) expires on the expiration date stated in
15 the rule.
16 (c) An emergency rule adopted under subsection (a) may be
17 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
18 extension period may not exceed the period for which the original rule
19 was in effect.
20 SECTION 23. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
23 IC 4-22-2 to carry out its duties under this article. The board may also
24 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
25 carry out its duties under this article.
26 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
27 adopted under subsection (a) expires on the expiration date stated in
28 the rule.
29 (c) An emergency rule adopted under subsection (a) may be
30 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
31 extension period may not exceed the period for which the original rule
32 was in effect.
33 SECTION 24. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 9. The department may adopt rules under
36 IC 4-22-2, including emergency rules in the manner provided under
37 IC 4-22-2-37.1, to implement this chapter. Except as provided in
38 IC 4-22-2-37.1, an emergency rule implemented under this section
39 expires on the earlier of the following dates:
40 (1) The expiration date stated in the emergency rule.
41 (2) The date the emergency rule is amended or repealed by a later
42 rule or emergency rule adopted under IC 4-22-2-24 through
HB 1100—LS 6770/DI 125 20
1 IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
2 SECTION 25. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
5 (1) a water main extension;
6 (2) a wastewater main extension; or
7 (3) an agreement that:
8 (A) is for a water main extension or a wastewater main
9 extension; and
10 (B) is entered into after June 30, 2020, by a utility and the
11 person requesting the extension.
12 (b) As used in this section, "utility" means a municipally owned
13 utility (as defined in IC 8-1-2-1(h)) that provides water service or
14 wastewater service, or both, to the public.
15 (c) With respect to any water main extension or wastewater main
16 extension, a utility shall comply with the commission's rules governing
17 water main extensions or wastewater main extensions, as applicable,
18 including:
19 (1) 170 IAC 6-1.5, in the case of a water main extension; or
20 (2) 170 IAC 8.5-4, in the case of a wastewater main extension;
21 as may be amended by the commission, regardless of whether the
22 utility is subject to the jurisdiction of the commission for the approval
23 of rates and charges. However, a utility is not required to comply with
24 any provisions in the commission's main extension rules that require
25 reporting to the commission.
26 (d) Disputes arising under this section may be submitted as informal
27 complaints to the commission's consumer affairs division, in
28 accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
29 IAC 16, including provisions for referrals and appeals to the full
30 commission, regardless of whether the person requesting the extension
31 is a customer of the utility.
32 (e) The commission shall adopt by:
33 (1) order; or
34 (2) rule under IC 4-22-2;
35 other procedures not inconsistent with this section that the commission
36 determines to be reasonable or necessary to administer this section. In
37 adopting the rules under this section, the commission may adopt
38 emergency rules in the manner provided by IC 4-22-2-37.1.
39 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
40 IC 4-22-2-37.1, an emergency rule adopted by the commission under
41 this subsection and in the manner provided by IC 4-22-2-37.1 expires
42 on the date on which a rule that supersedes the emergency rule is
HB 1100—LS 6770/DI 125 21
1 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
2 (f) If the commission determines that it requires additional staff to
3 handle the volume of informal complaints submitted under this section,
4 the commission may impose a fee under this section. Any fee charged
5 by the commission under this section may:
6 (1) not exceed:
7 (A) the commission's actual costs in administering this section;
8 or
9 (B) seven hundred fifty dollars ($750);
10 whichever is less; and
11 (2) be assessed against the party against whom a decision is
12 rendered under this section.
13 SECTION 26. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
16 public interest to support the reliability, availability, and diversity of
17 electric generating capacity in Indiana for the purpose of providing
18 reliable and stable electric service to customers of public utilities.
19 (b) As used in this section, "appropriate regional transmission
20 organization", with respect to a public utility, refers to the regional
21 transmission organization approved by the Federal Energy Regulatory
22 Commission for the control area that includes the public utility's
23 assigned service area (as defined in IC 8-1-2.3-2).
24 (c) As used in this section, "MISO" refers to the regional
25 transmission organization known as the Midcontinent Independent
26 System Operator that operates the bulk power transmission system
27 serving most of the geographic territory in Indiana.
28 (d) As used in this section, "planning reserve margin requirement",
29 with respect to a public utility for a particular resource planning year,
30 means the planning reserve margin requirement for that planning year
31 that the public utility is obligated to meet in accordance with the public
32 utility's membership in the appropriate regional transmission
33 organization.
34 (e) As used in this section, "reliability adequacy metrics", with
35 respect to a public utility, means calculations used to demonstrate both
36 of the following:
37 (1) That the public utility:
38 (A) has in place sufficient summer UCAP; or
39 (B) can reasonably acquire not more than thirty percent (30%)
40 of its total summer UCAP from capacity markets, such that it
41 will have sufficient summer UCAP;
42 to provide reliable electric service to Indiana customers, and to
HB 1100—LS 6770/DI 125 22
1 meet its planning reserve margin requirement and other federal
2 reliability requirements described in subsection (i)(4).
3 (2) That the public utility:
4 (A) has in place sufficient winter UCAP; or
5 (B) can reasonably acquire not more than thirty percent (30%)
6 of its total winter UCAP from capacity markets, such that it
7 will have sufficient winter UCAP;
8 to provide reliable electric service to Indiana customers, and to
9 meet its planning reserve margin requirement and other federal
10 reliability requirements described in subsection (i)(4).
11 For purposes of this subsection, "capacity markets" means the auctions
12 conducted by an appropriate regional transmission organization to
13 determine a market clearing price for capacity based on the planning
14 reserve margin requirements established by the appropriate regional
15 transmission organization.
16 (f) As used in this section, "summer unforced capacity", or "summer
17 UCAP", with respect to an electric generating facility, means:
18 (1) the capacity value of the electric generating facility's installed
19 capacity rate adjusted for the electric generating facility's average
20 forced outage rate for the summer period, calculated as required
21 by the appropriate regional transmission organization or by the
22 Federal Energy Regulatory Commission; or
23 (2) a metric that is similar to the metric described in subdivision
24 (1) and that is required by the appropriate regional transmission
25 organization.
26 (g) As used in this section, "winter unforced capacity", or "winter
27 UCAP", with respect to an electric generating facility, means:
28 (1) the capacity value of the electric generating facility's installed
29 capacity rate adjusted for the electric generating facility's average
30 forced outage rate for the winter period, calculated as required by
31 the appropriate regional transmission organization or by the
32 Federal Energy Regulatory Commission;
33 (2) a metric that is similar to the metric described in subdivision
34 (1) and that is required by the appropriate regional transmission
35 organization; or
36 (3) if the appropriate regional transmission organization does not
37 require a metric described in subdivision (1) or (2), a metric that:
38 (A) can be used to demonstrate that a public utility has
39 sufficient capacity to:
40 (i) provide reliable electric service to Indiana customers for
41 the winter period; and
42 (ii) meet its planning reserve margin requirement and other
HB 1100—LS 6770/DI 125 23
1 federal reliability requirements described in subsection
2 (i)(4); and
3 (B) is acceptable to the commission.
4 (h) A public utility that owns and operates an electric generating
5 facility serving customers in Indiana shall operate and maintain the
6 facility using good utility practices and in a manner:
7 (1) reasonably intended to support the provision of reliable and
8 economic electric service to customers of the public utility; and
9 (2) reasonably consistent with the resource reliability
10 requirements of MISO or any other appropriate regional
11 transmission organization.
12 (i) Not later than thirty (30) days after the deadline for submitting
13 an annual planning reserve margin report to MISO, each public utility
14 providing electric service to Indiana customers shall, regardless of
15 whether the public utility is required to submit an annual planning
16 reserve margin report to MISO, file with the commission a report, in a
17 form specified by the commission, that provides the following
18 information for each of the next three (3) resource planning years,
19 beginning with the planning year covered by the planning reserve
20 margin report to MISO described in this subsection:
21 (1) The:
22 (A) capacity;
23 (B) location; and
24 (C) fuel source;
25 for each electric generating facility that is owned and operated by
26 the electric utility and that will be used to provide electric service
27 to Indiana customers.
28 (2) The amount of generating resource capacity or energy, or
29 both, that the public utility has procured under contract and that
30 will be used to provide electric service to Indiana customers,
31 including the:
32 (A) capacity;
33 (B) location; and
34 (C) fuel source;
35 for each electric generating facility that will supply capacity or
36 energy under the contract, to the extent known by the public
37 utility.
38 (3) The amount of demand response resources available to the
39 public utility under contracts and tariffs.
40 (4) The following:
41 (A) The planning reserve margin requirements established by
42 MISO for the planning years covered by the report, to the
HB 1100—LS 6770/DI 125 24
1 extent known by the public utility with respect to any
2 particular planning year covered by the report.
3 (B) If applicable, any other planning reserve margin
4 requirement that:
5 (i) applies to the planning years covered by the report; and
6 (ii) the public utility is obligated to meet in accordance with
7 the public utility's membership in an appropriate regional
8 transmission organization;
9 to the extent known by the public utility with respect to any
10 particular planning year covered by the report.
11 (C) Other federal reliability requirements that the public utility
12 is obligated to meet in accordance with its membership in an
13 appropriate regional transmission organization with respect to
14 the planning years covered by the report, to the extent known
15 by the public utility with respect to any particular planning
16 year covered by the report.
17 For each planning reserve margin requirement reported under
18 clause (A) or (B), the public utility shall include a comparison of
19 that planning reserve margin requirement to the planning reserve
20 margin requirement established by the same regional transmission
21 organization for the 2021-2022 planning year.
22 (5) The reliability adequacy metrics of the public utility, as
23 forecasted for the three (3) planning years covered by the report.
24 (j) Upon request by a public utility, the commission shall determine
25 whether information provided in a report filed by the public utility
26 under subsection (i):
27 (1) is confidential under IC 5-14-3-4 or is a trade secret under
28 IC 24-2-3;
29 (2) is exempt from public access and disclosure by Indiana law;
30 and
31 (3) shall be treated as confidential and protected from public
32 access and disclosure by the commission.
33 (k) A joint agency created under IC 8-1-2.2 may file the report
34 required under subsection (i) as a consolidated report on behalf of any
35 or all of the municipally owned utilities that make up its membership.
36 (l) A:
37 (1) corporation organized under IC 23-17 that is an electric
38 cooperative and that has at least one (1) member that is a
39 corporation organized under IC 8-1-13; or
40 (2) general district corporation within the meaning of
41 IC 8-1-13-23;
42 may file the report required under subsection (i) as a consolidated
HB 1100—LS 6770/DI 125 25
1 report on behalf of any or all of the cooperatively owned electric
2 utilities that it serves.
3 (m) In reviewing a report filed by a public utility under subsection
4 (i), the commission may request technical assistance from MISO or any
5 other appropriate regional transmission organization in determining:
6 (1) the planning reserve margin requirements or other federal
7 reliability requirement that the public utility is obligated to meet,
8 as described in subsection (i)(4); and
9 (2) whether the resources available to the public utility under
10 subsections subsection (i)(1) through (i)(3) will be adequate to
11 support the provision of reliable electric service to the public
12 utility's Indiana customers.
13 (n) If, after reviewing a report filed by a public utility under
14 subsection (i), the commission is not satisfied that the public utility
15 can:
16 (1) provide reliable electric service to the public utility's Indiana
17 customers; or
18 (2) meet its planning reserve margin requirement or other federal
19 reliability requirements that the public utility is obligated to meet,
20 as described in subsection (i)(4);
21 during one (1) more of the planning years covered by the report, the
22 commission may conduct an investigation under IC 8-1-2-58 and
23 IC 8-1-2-59 as to the reasons for the public utility's potential inability
24 to meet the requirements described in subdivision (1) or (2), or both.
25 (o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
26 after notice and hearing, as required by IC 8-1-2-59, the commission
27 determines that the capacity resources available to the public utility
28 under subsections subsection (i)(1) through (i)(3) will not be adequate
29 to support the provision of reliable electric service to the public utility's
30 Indiana customers, or to allow the public utility to meet its planning
31 reserve margin requirements or other federal reliability requirements
32 that the public utility is obligated to meet (as described in subsection
33 (i)(4)), the commission shall issue an order directing the public utility
34 to acquire or construct such capacity resources that are reasonable and
35 necessary to enable the public utility to provide reliable electric service
36 to its Indiana customers, and to meet its planning reserve margin
37 requirements or other federal reliability requirements described in
38 subsection (i)(4). Not later than ninety (90) days after the date of the
39 commission's order under this subsection, the public utility shall file for
40 approval with the commission a plan to comply with the commission's
41 order. The public utility's plan may include:
42 (1) a request for a certificate of public convenience and necessity
HB 1100—LS 6770/DI 125 26
1 under this chapter; or
2 (2) an application under IC 8-1-8.8;
3 or both.
4 (p) Beginning in 2022, the commission shall before November 1 of
5 each year submit to the governor and to the interim study committee on
6 energy, utilities, and telecommunications established by
7 IC 2-5-1.3-4(8) a report that includes the following:
8 (1) The commission's analysis regarding the ability of public
9 utilities to:
10 (A) provide reliable electric service to Indiana customers; and
11 (B) meet their planning reserve margin requirements or other
12 federal reliability requirements;
13 for the next three (3) utility resource planning years, based on the
14 most recent reports filed by public utilities under subsection (i).
15 (2) A summary of:
16 (A) the projected demand for retail electricity in Indiana over
17 the next calendar year; and
18 (B) the amount and type of capacity resources committed to
19 meeting the projected demand.
20 In preparing the summary required under this subdivision, the
21 commission may consult with the forecasting group established
22 under section 3.5 of this chapter.
23 A report under this subsection to the interim study committee on
24 energy, utilities, and telecommunications established by
25 IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
26 (q) The commission may adopt rules under IC 4-22-2 to implement
27 this section. In adopting rules to implement this section, the
28 commission may adopt emergency rules in the manner provided by
29 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
30 provided in IC 4-22-2-37.1, an emergency rule adopted by the
31 commission under this subsection and in the manner provided by
32 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
33 emergency rule is adopted by the commission under IC 4-22-2-24
34 through IC 4-22-2-36.
35 SECTION 27. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
38 replacement underground facility that an operator installs or causes to
39 be installed after June 30, 2020, in any public right-of-way or on any
40 private property.
41 (b) Subject to any other applicable federal or state laws or
42 regulations, for any new or replacement underground facility that an
HB 1100—LS 6770/DI 125 27
1 operator installs or causes to be installed, the operator shall ensure that:
2 (1) the materials from which the facility is constructed are capable
3 of being detected from above ground level using standard
4 equipment and technologies used by the utility locating industry,
5 such as electromagnetic locating equipment and electromagnetic
6 induction surveys; or
7 (2) if the materials from which the facility is constructed are not
8 capable of being detected from above ground level using standard
9 locating techniques, as described in subdivision (1), the facility is:
10 (A) encased by conductive material; or
11 (B) equipped with an electrically conducting wire or other
12 means of locating the facility while it is underground.
13 (c) The commission may adopt rules under IC 4-22-2 to implement
14 this section, including emergency rules in the manner provided under
15 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
16 provided in IC 4-22-2-37.1, an emergency rule adopted by the
17 commission under this subsection and in the manner provided under
18 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
19 emergency rule is adopted by the commission under IC 4-22-2-24
20 through IC 4-22-2-36.
21 SECTION 28. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
22 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
24 receives franchise fees paid to the unit under:
25 (1) a certificate issued by the commission under this chapter; or
26 (2) an unexpired local franchise issued by the unit before July 1,
27 2006;
28 with respect to a particular calendar year.
29 (b) For each calendar year, beginning with the calendar year ending
30 December 31, 2012, each unit to which this section applies shall
31 submit to the commission, on a form or in the manner prescribed by the
32 commission, a report that includes the following information for each
33 certificate or local franchise in effect in the unit during the calendar
34 year for which the report is submitted:
35 (1) The amount of franchise fees paid to the unit under the
36 certificate or local franchise.
37 (2) The account of the unit into which the franchise fees identified
38 under subdivision (1) were deposited.
39 (3) The purposes for which any franchise fees received by the unit
40 during:
41 (A) the calendar year for which the report is submitted; or
42 (B) a previous calendar year;
HB 1100—LS 6770/DI 125 28
1 were used or spent by the unit during the calendar year for which
2 the report is submitted.
3 (4) Any other information or data concerning the receipt and use
4 of franchise fees that the commission considers appropriate.
5 (c) The commission shall prescribe the form of the report and the
6 process, deadlines, and other requirements for submitting the report
7 required under this section.
8 (d) Upon receiving the annual reports required under this section,
9 the commission shall compile and organize the data and information
10 contained in the reports. The commission shall include a summary of
11 the data and information contained in the reports in the commission's
12 annual report on the communications industry provided, under
13 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
14 telecommunications established by IC 2-5-1.3-4 in an electronic format
15 under IC 5-14-6. However, this subsection does not empower the
16 commission to disclose confidential and proprietary business plans and
17 other confidential information without adequate protection of the
18 information. The commission shall exercise all necessary caution to
19 avoid disclosure of confidential information supplied under this
20 section.
21 (e) The commission may adopt rules under IC 4-22-2, including
22 emergency rules under IC 4-22-2-37.1, to implement this section.
23 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
24 the commission under IC 4-22-2-37.1 expires on the date a rule that
25 supersedes the emergency rule is adopted by the commission under
26 IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
27 rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
28 any emergency rules adopted by the commission under this subsection
29 must take effect by a date that enables a unit subject to this section to
30 comply with this section with respect to the calendar year ending
31 December 31, 2012.
32 SECTION 29. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
33 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
35 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
36 clean energy portfolio standard program. The program established
37 under this section must be a voluntary program that provides incentives
38 to participating electricity suppliers that undertake to supply specified
39 percentages of the total electricity supplied to their Indiana retail
40 electric customers from clean energy.
41 (b) The rules adopted by the commission under this section to
42 establish the program must:
HB 1100—LS 6770/DI 125 29
1 (1) incorporate:
2 (A) the CPS goals set forth in section 12(a) of this chapter;
3 (B) methods for measuring and evaluating a participating
4 electricity supplier's compliance with the CPS goals set forth
5 in section 12(a) of this chapter;
6 (C) the financial incentives and periodic rate adjustment
7 mechanisms set forth in section 13 of this chapter; and
8 (D) the reporting requirements set forth in section 14 of this
9 chapter;
10 (2) require the commission to determine, before approving an
11 application under section 11 of this chapter, that the approval of
12 the application will not result in an increase to the retail rates and
13 charges of the electricity supplier above what could reasonably be
14 expected if the application were not approved;
15 (3) take effect not later than January 1, 2012; and
16 (4) be consistent with this chapter.
17 (c) Upon the effective date of the rules adopted by the commission
18 under this section, an electricity supplier may apply to the commission
19 under section 11 of this chapter for approval to participate in the
20 program.
21 (d) The commission may adopt emergency rules under
22 IC 4-22-2-37.1 to adopt the rules required by this section. Except as
23 provided in IC 4-22-2-37.1, an emergency rule adopted by the
24 commission under IC 4-22-2-37.1 expires on the date a rule that
25 supersedes the emergency rule is adopted by the commission under
26 IC 4-22-2-24 through IC 4-22-2-36.
27 SECTION 30. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
30 shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
31 the electricity supplier's net metering tariff, to do the following:
32 (1) Increase the allowed limit on the aggregate amount of net
33 metering facility nameplate capacity under the net metering tariff
34 to one and one-half percent (1.5%) of the most recent summer
35 peak load of the electricity supplier.
36 (2) Modify the required reservation of capacity under the limit
37 described in subdivision (1) to require the reservation of:
38 (A) forty percent (40%) of the capacity for participation by
39 residential customers; and
40 (B) fifteen percent (15%) of the capacity for participation by
41 customers that install a net metering facility that uses a
42 renewable energy resource described in IC 8-1-37-4(a)(5).
HB 1100—LS 6770/DI 125 30
1 (b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
2 commission may adopt emergency rules in the manner provided by
3 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
4 provided in IC 4-22-2-37.1, an emergency rule adopted by the
5 commission under this section and in the manner provided by
6 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
7 emergency rule is adopted by the commission under IC 4-22-2-24
8 through IC 4-22-2-36.
9 SECTION 31. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
12 and 11 of this chapter, after June 30, 2017, the commission's rules and
13 standards set forth in:
14 (1) 170 IAC 4-4.2 (concerning net metering); and
15 (2) 170 IAC 4-4.3 (concerning interconnection);
16 remain in effect and apply to net metering under an electricity
17 supplier's net metering tariff and to distributed generation under this
18 chapter.
19 (b) After June 30, 2017, the commission may adopt changes under
20 IC 4-22-2, including emergency rules in the manner provided by
21 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
22 only as necessary to:
23 (1) update fees or charges;
24 (2) adopt revisions necessitated by new technologies; or
25 (3) reflect changes in safety, performance, or reliability standards.
26 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
27 IC 4-22-2-37.1, an emergency rule adopted by the commission under
28 this subsection and in the manner provided by IC 4-22-2-37.1 expires
29 on the date on which a rule that supersedes the emergency rule is
30 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
31 SECTION 32. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
34 generation has the following rights regarding the installation and
35 ownership of distributed generation equipment:
36 (1) The right to know that the attorney general is authorized to
37 enforce this section, including by receiving complaints
38 concerning the installation and ownership of distributed
39 generation equipment.
40 (2) The right to know the expected amount of electricity that will
41 be produced by the distributed generation equipment that the
42 customer is purchasing.
HB 1100—LS 6770/DI 125 31
1 (3) The right to know all costs associated with installing
2 distributed generation equipment, including any taxes for which
3 the customer is liable.
4 (4) The right to know the value of all federal, state, or local tax
5 credits or other incentives or rebates that the customer may
6 receive.
7 (5) The right to know the rate at which the customer will be
8 credited for electricity produced by the customer's distributed
9 generation equipment and delivered to a public utility (as defined
10 in IC 8-1-2-1).
11 (6) The right to know if a provider of distributed generation
12 equipment insures the distributed generation equipment against
13 damage or loss and, if applicable, any circumstances under which
14 the provider does not insure against or otherwise cover damage to
15 or loss of the distributed generation equipment.
16 (7) The right to know the responsibilities of a provider of
17 distributed generation equipment with respect to installing or
18 removing distributed generation equipment.
19 (b) The attorney general, in consultation with the commission, shall
20 adopt rules under IC 4-22-2 that the attorney general considers
21 necessary to implement and enforce this section, including a rule
22 requiring written disclosure of the rights set forth in subsection (a) by
23 a provider of distributed generation equipment to a customer. In
24 adopting the rules required by this subsection, the attorney general may
25 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
26 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
27 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
28 under this subsection and in the manner provided by IC 4-22-2-37.1
29 expires on the date on which a rule that supersedes the emergency rule
30 is adopted by the attorney general under IC 4-22-2-24 through
31 IC 4-22-2-36.
32 SECTION 33. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
35 IC 4-22-2 to implement this chapter. In adopting the rules required by
36 this section, the commission may adopt emergency rules in the manner
37 provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
38 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
39 the commission under this section and in the manner provided by
40 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
41 emergency rule is adopted by the commission under IC 4-22-2-24
42 through IC 4-22-2-36.
HB 1100—LS 6770/DI 125 32
1 SECTION 34. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
2 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
4 in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
5 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
6 adopted under subsection (a) expires on the date a rule that supersedes
7 the emergency rule is adopted by the department under IC 4-22-2-22.5
8 through IC 4-22-2-36.
9 SECTION 35. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 5. The authority may do the following:
12 (1) Construct, maintain, repair, police, and operate toll road
13 projects (as defined in this chapter), public improvements, and
14 arterial streets and roads under section 1 of this chapter and
15 establish rules for the use of any such toll road project, public
16 improvement, or arterial street or road.
17 (2) Issue toll road revenue bonds of the state, payable solely from
18 an allocation of money from the rural transportation road fund
19 under IC 8-9.5-8-16 or from revenues or from the proceeds of
20 bonds issued under this chapter and earnings thereon, or from all
21 three (3), for the purpose of paying all or any part of the cost of
22 any one (1) or more toll road projects or for the purpose of
23 refunding any other toll road revenue bonds.
24 (3) Establish reserves from the proceeds of the sale of bonds or
25 from other funds, or both, to secure the payment of the bonds.
26 (4) Fix and revise from time to time and charge and collect tolls
27 for transit over each toll road project constructed by it.
28 (5) Acquire in the name of the state by purchase or otherwise, on
29 such terms and conditions and in such manner as it may deem
30 proper, or by the exercise of the right of condemnation in the
31 manner as provided by this chapter, such public or private lands,
32 including public parks, playgrounds or reservations, or parts
33 thereof or rights therein, rights-of-way, property, rights,
34 easements, and interests, as it may deem necessary for carrying
35 out the provisions of this chapter. The authority may also:
36 (A) sell, transfer, and convey any such land or any interest
37 therein so acquired, or any portion thereof, whether by
38 purchase, condemnation, or otherwise, and whether such land
39 or interest therein had been public or private, when the same
40 shall no longer be needed for such purposes; and
41 (B) transfer and convey any such lands or interest therein as
42 may be necessary or convenient for the construction and
HB 1100—LS 6770/DI 125 33
1 operation of any toll road project, or as otherwise required
2 under the provisions of this chapter to a state agency or
3 political subdivision.
4 (6) Designate the locations and establish, limit, and control such
5 points of ingress to and egress from each toll road project as may
6 be necessary or desirable in the judgment of the authority to
7 ensure the proper operation and maintenance of such projects, and
8 to prohibit entrance to such project from any point not so
9 designated. The authority shall not grant, for the operation of
10 transient lodging facilities, either ingress to or egress from any
11 project, including the service areas thereof on which are located
12 service stations and restaurants, and including toll plazas and
13 paved portions of the right-of-way. The authority shall cause to be
14 erected, at its cost, at all points of ingress and egress, large and
15 suitable signs facing traffic from each direction on the toll road.
16 Such signs shall designate the number and other designations, if
17 any, of all United States or state highways of ingress or egress, the
18 names of all Indiana municipalities with a population of five
19 thousand (5,000) or more within a distance of seventy-five (75)
20 miles on such roads of ingress or egress, and the distance in miles
21 to such designated municipalities.
22 (7) Make and enter into all contracts and agreements necessary or
23 incidental to the performance of its duties and the execution of its
24 powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
25 under any such contract or agreement, other than:
26 (A) a contract for compensation for personal services;
27 (B) a contract with the department under IC 8-9.5-8-7;
28 (C) a lease with the department under IC 8-9.5-8-8; or
29 (D) a contract, a lease, or another agreement under IC 8-15.5;
30 involves an expenditure of more than ten thousand dollars
31 ($10,000), the authority shall make a written contract with the
32 lowest and best bidder after advertisement for not less than two
33 (2) consecutive weeks in a newspaper of general circulation in
34 Marion County, Indiana, and in such other publications as the
35 authority shall determine. Such notice shall state the general
36 character of the work and the general character of the materials to
37 be furnished, the place where plans and specifications therefor
38 may be examined, and the time and place of receiving bids. Each
39 bid shall contain the full name of every person or company
40 interested in it and shall be accompanied by a sufficient bond or
41 certified check on a solvent bank that if the bid is accepted a
42 contract will be entered into and the performance of its proposal
HB 1100—LS 6770/DI 125 34
1 secured. The authority may reject any and all bids. A bond with
2 good and sufficient surety shall be required by the authority of all
3 contractors in an amount equal to at least fifty percent (50%) of
4 the contract price, conditioned upon the faithful performance of
5 the contract. The authority shall require a bid, performance, and
6 payment bond from a contractor for a project if the estimated cost
7 of the project is more than two hundred thousand dollars
8 ($200,000). The authority may require a bid, performance, or
9 payment bond from a contractor for a project if the estimated cost
10 of the project is not more than two hundred thousand dollars
11 ($200,000).
12 (8) Employ consulting engineers, superintendents, managers, and
13 such other engineers, construction and accounting experts, bond
14 counsel, other attorneys with the approval of the attorney general,
15 and other employees and agents as may be necessary in its
16 judgment to carry out the provisions of this chapter, and to fix
17 their compensation. However, all such expenses shall be payable
18 solely from the proceeds of toll road revenue bonds issued under
19 the provisions of this chapter or from revenues.
20 (9) Receive and accept from any federal agency, subject to
21 IC 8-23-3, grants for or in aid of the construction of any toll road
22 project, and receive and accept aid or contributions from any
23 source of either money, property, labor, or other things of value,
24 to be held, used, and applied only for the purposes for which such
25 grants and contributions may be made, and repay any grant to the
26 authority or to the department from a federal agency if such
27 repayment is necessary to free the authority from restrictions
28 which the authority determines to be in the public interest to
29 remove.
30 (10) Establish fees, charges, terms, or conditions for any
31 expenditures, loans, or other form of financial participation in
32 projects authorized as public improvements on arterial streets and
33 roads under section 1 of this chapter.
34 (11) Accept gifts, devises, bequests, grants, loans, appropriations,
35 revenue sharing, other financing and assistance, and any other aid
36 from any source and agree to and comply with conditions attached
37 to the aid.
38 (12) Accept transfer of a state highway to the authority under
39 IC 8-23-7-23 and pay the cost of conversion of the state highway
40 to a toll road project.
41 (13) Enter into contracts or leases with the department under
42 IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
HB 1100—LS 6770/DI 125 35
1 or leases agree with the department for coordination of the
2 operation and the repair and maintenance of toll road projects and
3 tollways which are contiguous parts of the same public road,
4 including joint toll collection facilities and equitable division of
5 tolls.
6 (14) Enter into public-private agreements under IC 8-15.5 and do
7 all acts and things necessary or proper to carry out the purposes
8 set forth in IC 8-15.5.
9 (15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
10 related to a toll road project to accommodate the provisions of a
11 public-private agreement under IC 8-15.5. Except as provided in
12 IC 4-22-2-37.1, a rule adopted under this subdivision expires on
13 the expiration date stated in the rule.
14 (16) Do all acts and things necessary or proper to carry out this
15 chapter.
16 SECTION 36. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
19 (1) Fix, revise, charge, and collect tolls for the use of each toll
20 road project by any person, partnership, association, limited
21 liability company, or corporation desiring the use of any part
22 thereof, including the right-of-way adjoining the paved portion
23 and for placing thereon telephone, telegraph, electric light, or
24 power lines.
25 (2) Fix the terms, conditions, and rates of charge for such use,
26 including assessments for the failure to pay required tolls, subject,
27 however, to the state's police power.
28 (3) Collect tolls, user fees, or other charges through manual or
29 nonmanual methods, including, but not limited to, automatic
30 vehicle identification systems, electronic toll collection systems,
31 and, to the extent permitted by law, including rules adopted by the
32 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
33 chapter, global positioning systems and photo or video based toll
34 collection or toll collection enforcement systems.
35 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
36 establishing procedures for the implementation of the collection
37 of user fees by electronic or other nonmanual means under
38 subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
39 adopted under this subdivision expires on the expiration date
40 stated by the authority in the rule.
41 (b) Notwithstanding subsection (a), no toll or charge shall be made
42 by the authority under this section or under a public-private agreement
HB 1100—LS 6770/DI 125 36
1 entered into under IC 8-15.5 for:
2 (1) the operation of temporary lodging facilities located upon or
3 adjacent to any project, nor may the authority itself operate or
4 gratuitously permit the operation of such temporary lodging
5 facilities by other persons without any toll or charge; or
6 (2) placing in, on, along, over, or under such project, such
7 telephone, telegraph, electric light or power lines, equipment, or
8 facilities as may be necessary to serve establishments located on
9 the project or as may be necessary to interconnect any public
10 utility facilities on one (1) side of the toll road project with those
11 on the other side.
12 (c) All contracts executed by the authority shall be preserved in the
13 principal office of the authority.
14 (d) In the case of a toll road project that is not leased to the
15 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
16 each toll road project so that the aggregate of the tolls from the project,
17 together with other revenues that are available to the authority without
18 prior restriction or encumbrance, will at least be adequate to pay:
19 (1) the cost of operating, maintaining, and repairing the toll road
20 project, including major repairs, replacements, and
21 improvements;
22 (2) the principal of and the interest on bonds issued in connection
23 with the toll road project, as the principal and interest becomes
24 due and payable, including any reserve or sinking fund required
25 for the project; and
26 (3) the payment of principal of and interest on toll road bonds
27 issued by the authority in connection with any other toll road
28 project, including any reserve or sinking fund required for the
29 project, but only to the extent that the authority provides by
30 resolution and subject to the provisions of any trust agreement
31 relating to the project.
32 (e) Not less than one (1) year before the date that final payment of
33 all such bonds, interest, and reimbursement is expected by the
34 chairman of the authority to be completed, the chairman shall notify the
35 state budget committee in writing of the expected date of final
36 payment.
37 (f) Such tolls shall not be subject to supervision or regulation by any
38 other commission, board, bureau, or agency of the state.
39 (g) The tolls, rents, and all other revenues derived by the authority
40 from the toll road project, except those received in accordance with a
41 public-private agreement under IC 8-15.5, shall be used as follows:
42 (1) To pay the cost of operating, maintaining, and repairing the
HB 1100—LS 6770/DI 125 37
1 toll road project, including major repairs, replacements, and
2 improvements, to the extent that those costs are not paid out of
3 other funds.
4 (2) To the extent provided for in the resolution authorizing the
5 issuance of bonds under this chapter or in the trust agreement
6 securing the bonds, to pay:
7 (A) the principal of and interest on any bonds as the principal
8 and interest become due; or
9 (B) the redemption price or purchase price of the bonds retired
10 by call or purchase.
11 (3) Except as prohibited by the resolution authorizing the issuance
12 of bonds under this chapter or the trust agreement securing them,
13 for any purpose relating to any toll road project, including the
14 subject toll road project, as the authority provides by resolution.
15 (h) Neither the resolution nor any trust agreement by which a pledge
16 is created needs to be filed or recorded except in the records of the
17 authority.
18 (i) The use and disposition of moneys to the credit of any sinking
19 fund shall be subject to the provisions of any resolution or resolutions
20 authorizing the issuance of any bonds or of any trust agreement. Except
21 as may otherwise be provided in this chapter or in any resolution or any
22 trust agreement, any sinking fund shall be a fund for all bonds without
23 distinction or priority of one over another, subject, however, to such
24 priorities as may arise from prior pledges.
25 (j) In the case of a toll road project that is leased to the department
26 under IC 8-9.5-8-8, the lease must require that the department fix tolls
27 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
28 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
29 that is subject to a public-private agreement under IC 8-15.5 shall be
30 set in accordance with IC 8-15.5-7.
31 SECTION 37. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
34 adopt rules:
35 (1) Establishing weight and size limitations for vehicles using a
36 toll road project, subject to the following:
37 (A) The operator of any vehicle exceeding any of the
38 maximum allowable dimensions or weights as set out by the
39 authority in rules and regulations shall apply to the authority
40 in writing, for an application for a special hauling permit,
41 which application must be in compliance with all the terms
42 thereof, and which application must be received at least seven
HB 1100—LS 6770/DI 125 38
1 (7) days prior to the time of permitted entry should such permit
2 be granted. Such permit, if granted, will be returned to the
3 applicant in duplicate, properly completed and numbered, and
4 the driver of the vehicle shall have a copy to present to the toll
5 attendant on duty at the point of entry.
6 (B) The authority shall assess a fee for issuing a special
7 hauling permit. In assessing the fee, the authority shall take
8 into consideration the following factors:
9 (i) The administrative cost of issuing the permit.
10 (ii) The potential damage the vehicle represents to the
11 project.
12 (iii) The potential safety hazard the vehicle represents.
13 (2) Establishing the minimum speed that a motor vehicle may be
14 driven on the interstate defense network of dual highways.
15 (3) Designating one-way traffic lanes on a toll road project.
16 (4) Determining the manner of operation of motor vehicles
17 entering and leaving traffic lanes on a toll road project.
18 (5) Determining the regulation of U-turns, of crossing or entering
19 medians, of stopping, parking, or standing, and of passing motor
20 vehicles on a toll road project.
21 (6) Determining the establishment and enforcement of traffic
22 control signs and signals for motor vehicles in traffic lanes,
23 acceleration and deceleration lanes, toll plazas, and interchanges
24 on a toll road project.
25 (7) Determining the limitation of entry to and exit from a toll road
26 project to designated entrances and exits.
27 (8) Determining the limitation on use of a toll road project by
28 pedestrians and aircraft and by vehicles of a type specified in such
29 rules and regulations.
30 (9) Regulating commercial activity on a toll road project,
31 including but not limited to:
32 (A) the offering or display of goods or services for sale;
33 (B) the posting, distributing, or displaying of signs,
34 advertisements, or other printed or written material; and
35 (C) the operation of a mobile or stationary public address
36 system.
37 (10) Establishing enforcement procedures and making
38 assessments for the failure to pay required tolls. The authority
39 may adopt rules under this subdivision under IC 4-22-2-37.1.
40 Except as provided in IC 4-22-2-37.1, a rule under this
41 subdivision adopted under IC 4-22-2-37.1 expires on the
42 expiration date stated in the rule.
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1 (b) A person who violates a rule adopted under this section commits
2 a Class C infraction. However, a violation of a weight limitation
3 established by the authority under this section is:
4 (1) a Class B infraction if the total of all excesses of weight under
5 those limitations is more than five thousand (5,000) pounds but
6 not more than ten thousand (10,000) pounds; and
7 (2) a Class A infraction if the total of all excesses of weight under
8 those limitations is more than ten thousand (10,000) pounds.
9 (c) It is a defense to the charge of violating a weight limitation
10 established by the authority under this section that the total of all
11 excesses of weight under those limitations is less than one thousand
12 (1,000) pounds.
13 (d) The court may suspend the registration of a vehicle that violated:
14 (1) a size or weight limitation established by the authority under
15 this section; or
16 (2) a rule adopted under subsection (a)(10);
17 for a period of not more than ninety (90) days.
18 (e) Upon the conviction of a person for a violation of a weight or
19 size limitation established by the authority under this section, the court
20 may recommend suspension of the person's current chauffeur's license
21 only if the violation was committed knowingly.
22 SECTION 38. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
23 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
25 chapter by rule under IC 4-22-2-37.1. Except as provided in
26 IC 4-22-2-37.1, a rule adopted under this subsection expires on the
27 expiration date stated in the rule.
28 (b) Any action to contest the validity of user fees fixed under this
29 chapter may not be brought after the fifteenth day following the
30 effective date of a rule fixing the user fees adopted under subsection
31 (a).
32 SECTION 39. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
33 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
35 throughout this section:
36 (1) "Communications infrastructure" includes all facilities and
37 equipment used to provide communications service (as defined in
38 IC 8-1-32.5-3), including fiber conduit. The term does not include
39 a vertical structure.
40 (2) "Dig once program" refers to the dig once broadband corridor
41 program required under subsection (b).
42 (3) "Fiber conduit" means protective conduit of a size and
HB 1100—LS 6770/DI 125 40
1 material that is suitable for underground installation of broadband
2 fiber infrastructure.
3 (4) "Limited access highway" means any roadway that is under
4 the jurisdiction and control of the department and that is one (1)
5 of the following:
6 (A) An interstate.
7 (B) A toll road, tollway, or toll bridge.
8 (C) U.S. 30.
9 (D) U.S. 31.
10 (5) "Vertical structure" means a privately owned structure that is
11 more than one hundred (100) feet above ground and that is used
12 primarily for providing wireless communications service. The
13 term includes related equipment associated with the structure,
14 including air conditioned equipment shelters and rooms,
15 electronic equipment, and supporting equipment.
16 (b) Not later than January 1, 2022, the department shall:
17 (1) implement a dig once broadband corridor program to manage
18 the location, installation, and maintenance of communications
19 infrastructure that is used for the provision of broadband services
20 and is located within highway rights-of-way of limited access
21 highways; and
22 (2) adopt policies, procedures, and standards under the dig once
23 program for required installation of fiber conduit by a public or
24 private entity that performs an excavation within a limited access
25 highway right-of-way.
26 (c) The dig once program shall apply only to locations along or
27 within a limited access highway right-of-way. The dig once program
28 shall not apply to the placement of communications infrastructure that
29 laterally crosses a roadway under the control of the department.
30 (d) Except as provided in subsection (e), the department shall
31 impose a fee for the use of communications infrastructure installed and
32 maintained under subsection (b). The amount of the fee may not be
33 more than the reasonable fair market value of the use of the highway
34 right-of-way within the broadband corridor.
35 (e) Except for portions of a U.S. route that is a limited access
36 highway under subsection (a)(4), with respect to state routes or U.S.
37 routes, the department may impose only:
38 (1) a one (1) time permit application fee for the location or
39 installation of communications infrastructure that is used for the
40 provision of broadband services and is placed along or within a
41 highway right-of-way; and
42 (2) routine right-of-way permit fees to enter the department's
HB 1100—LS 6770/DI 125 41
1 rights-of-way for the maintenance of existing facilities.
2 (f) The department shall not unreasonably discriminate with respect
3 to the following among entities requesting access to broadband
4 corridors or other department controlled rights-of-way:
5 (1) Approving applications, issuing permits, or otherwise
6 establishing terms and conditions for the location, installation,
7 and maintenance of communications infrastructure used for the
8 provision of broadband services.
9 (2) Providing access to rights-of-way, infrastructure, utility poles,
10 river and bridge crossings, and other physical assets owned,
11 controlled, or managed by the department.
12 (3) The type of technology deployed for the provision of
13 broadband services.
14 However, nothing in this subsection abrogates or limits the
15 department's authority under IC 8-23 this article to safely and
16 efficiently manage and operate the state highway system and associated
17 highway rights-of-way for the benefit of the traveling public.
18 (g) The department shall adopt rules under IC 4-22-2, including
19 emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
20 establish the policies, procedures, and standards required under
21 subsection (b) and to otherwise implement this section. Rules or
22 emergency rules adopted by the department under this subsection must
23 take effect not later than January 1, 2022. 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 department under this subsection in the
26 manner provided by IC 4-22-2-37.1 expires on the date a rule that
27 supersedes the emergency rule is adopted by the department under
28 IC 4-22-2-24 through IC 4-22-2-36.
29 SECTION 40. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
30 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
32 provider" means a person able to provide electronic lien or electronic
33 title services in coordination with vehicle lienholders and state
34 departments of motor vehicles.
35 (b) As used in this section, "qualified vendor" refers to a person with
36 whom the bureau contracts to:
37 (1) develop;
38 (2) implement; and
39 (3) provide ongoing support with respect to;
40 a statewide electronic lien and title system under this section.
41 (c) As used in this section, "statewide electronic lien and title
42 system" or "system" means a statewide electronic lien and title system
HB 1100—LS 6770/DI 125 42
1 implemented by the bureau under this section to process:
2 (1) vehicle titles;
3 (2) certificate of title data in which a lien is notated; and
4 (3) the notification, maintenance, and release of security interests
5 in vehicles;
6 through electronic means instead of paper documents.
7 (d) Not later than the dates set forth in subsection (h), the bureau
8 shall implement a statewide electronic lien and title system for the
9 following purposes:
10 (1) To facilitate and promote commerce and governmental
11 transactions by validating and authorizing the use of electronic
12 records.
13 (2) To modernize the law and eliminate barriers to electronic
14 commerce and governmental transactions resulting from
15 uncertainties related to handwritten and other written materials.
16 (3) To promote uniformity of the law among the states relating to
17 the use of electronic and similar technological means of effecting
18 and performing commercial and governmental transactions.
19 (4) To promote public confidence in the validity, integrity, and
20 reliability of electronic commerce and governmental transactions.
21 (5) To promote the development of the legal and business
22 infrastructure necessary to implement electronic commerce and
23 governmental transactions.
24 (e) The bureau may:
25 (1) contract with one (1) or more qualified vendors to develop and
26 implement a statewide electronic lien and title system; or
27 (2) develop and make available to qualified service providers a
28 well defined set of information services that will enable secure
29 access to the data and internal application components necessary
30 to facilitate the creation of a statewide electronic lien and title
31 system.
32 (f) If the bureau elects under subsection (e)(1) to contract with one
33 (1) or more qualified vendors to develop and implement a statewide
34 electronic lien and title system, the following apply:
35 (1) The bureau shall issue a competitive request for proposals to
36 assess the qualifications of any vendor seeking to develop,
37 implement, and provide ongoing support for the system. The
38 bureau may reserve the right to receive input concerning
39 specifications for the establishment and operation of the system
40 from parties that do not respond to the bureau's request for
41 proposals.
42 (2) A contract entered into between the bureau and a qualified
HB 1100—LS 6770/DI 125 43
1 vendor may not provide for any costs or charges payable by the
2 bureau to the qualified vendor. The qualified vendor shall
3 reimburse the bureau for any reasonable and documented costs
4 incurred by the bureau and directly associated with the
5 development, implementation, or ongoing support of the system.
6 (3) Upon implementing a statewide electronic lien and title
7 system under this section, the qualified vendor may charge
8 participating lienholders or their agents a fee for each lien
9 notification transaction provided through the system, in order to
10 recover the qualified vendor's costs associated with the
11 development, implementation, and ongoing administration of the
12 system. A lien notification fee under this subdivision must be
13 consistent with market pricing and may not exceed three dollars
14 and fifty cents ($3.50). The qualified vendor may not charge
15 lienholders or their agents any additional fee for lien releases,
16 assignments, or transfers. The qualified vendor may not charge a
17 fee under this subdivision to a state agency or its agents for lien
18 notification, lien release, lien assignment, or lien transfer. To
19 recover their costs associated with the lien, participating
20 lienholders or their agents may charge:
21 (A) the borrower in a vehicle loan; or
22 (B) the lessee in a vehicle lease;
23 an amount equal to any lien notification fee imposed by the
24 qualified vendor under this subdivision, plus a fee in an amount
25 not to exceed three dollars ($3) for each electronic transaction in
26 which a lien is notated.
27 (4) A qualified vendor may also serve as a qualified service
28 provider to motor vehicle lienholders if the following conditions
29 are met:
30 (A) The contract between the bureau and the qualified vendor
31 must include provisions specifically prohibiting the qualified
32 vendor from using information concerning vehicle titles for
33 any commercial, marketing, business, or other purpose not
34 specifically contemplated by this chapter.
35 (B) The contract between the bureau and the qualified vendor
36 must include an acknowledgment by the qualified vendor that
37 the qualified vendor is required to enter into agreements to
38 exchange electronic lien data with any:
39 (i) qualified service providers that offer electronic lien or
40 title services in Indiana and that have been approved by the
41 bureau for participation in the system; and
42 (ii) qualified service providers that are not qualified vendors.
HB 1100—LS 6770/DI 125 44
1 (C) The bureau must periodically monitor the fees charged by
2 a qualified vendor that also:
3 (i) serves as a qualified service provider to lienholders; or
4 (ii) provides services as a qualified vendor to other qualified
5 service providers;
6 to ensure that the qualified vendor is not engaging in predatory
7 pricing.
8 (g) If the bureau elects under subsection (e)(2) to develop an
9 interface to provide qualified service providers secure access to data to
10 facilitate the creation of a statewide electronic lien and title system, the
11 following apply:
12 (1) The bureau shall establish:
13 (A) the total cost to develop the statewide electronic lien and
14 title system by July 1, 2021;
15 (B) qualifications for third party service providers offering
16 electronic lien services; and
17 (C) a qualification process to:
18 (i) evaluate electronic lien and title system technologies
19 developed by third party service providers; and
20 (ii) determine whether such technologies comply with
21 defined security and platform standards.
22 (2) Not later than February 1, 2022, the bureau shall publish on
23 the bureau's Internet web site the qualifications established by the
24 bureau under subdivision (1). A third party service provider that
25 seeks to become qualified by the bureau under this subsection
26 must demonstrate the service provider's qualifications, in the form
27 and manner specified by the bureau, not later than thirty (30) days
28 after the date of the bureau's publication under this subdivision.
29 After the elapse of the thirty (30) day period during which third
30 party service providers may respond to the bureau's publication
31 under this subdivision, the bureau shall notify each responding
32 third party service provider as to whether the third party service
33 provider has met the qualifications established by the bureau
34 under subdivision (1) and is approved to participate in the
35 statewide electronic lien and title system.
36 (3) Not later than thirty (30) days after receiving a notice of
37 approval from the bureau under subdivision (2), each qualified
38 service provider shall remit to the bureau a payment in an amount
39 equal to the total development costs of the system divided by the
40 total number of qualified service providers participating in the
41 system.
42 (4) If a third party service provider that did not:
HB 1100—LS 6770/DI 125 45
1 (A) submit proof of its qualifications under subdivision (2); or
2 (B) pay initial development costs under subdivision (3);
3 later wishes to participate in the system, the third party service
4 provider may apply to the bureau to participate in the system. The
5 bureau shall allow the third party service provider to participate
6 in the system if the third party service provider meets the
7 qualifications established by the bureau under subdivision (1) and
8 pays to the department the third party service provider's
9 proportional share of the system development costs.
10 (5) Each qualified service provider shall remit to the bureau, on
11 a date prescribed by the bureau, an annual fee established by the
12 bureau and not to exceed three thousand dollars ($3,000), to be
13 used for the operation and maintenance of the system.
14 (6) A contract entered into between the bureau and a qualified
15 service provider may not provide for any costs or charges payable
16 by the bureau to the qualified service provider.
17 (7) Upon the implementation of a statewide electronic lien and
18 title system under this section, a qualified service provider may
19 charge participating lienholders or their agents transaction fees
20 consistent with market pricing. A fee under this subdivision may
21 not be charged to a state agency or its agents for lien notification,
22 lien release, lien assignment, or lien transfer.
23 (8) The contract between the bureau and a qualified service
24 provider must include provisions specifically prohibiting the
25 qualified service provider from using information concerning
26 vehicle titles for any commercial, marketing, business, or other
27 purpose not specifically contemplated by this chapter.
28 (h) Subject to subsection (i), the bureau shall implement, and allow
29 or require the use of, a statewide electronic lien and title system under
30 this section as follows:
31 (1) A statewide electronic lien system that is capable of
32 processing:
33 (A) certificate of title data in which a lien is notated; and
34 (B) the notification, maintenance, and release of security
35 interests in vehicles;
36 through electronic means must be made available for voluntary
37 use by vehicle lienholders not later than February 1, 2022.
38 (2) Subject to subsection (j)(5), the bureau shall require that the
39 statewide electronic lien system made available under subdivision
40 (1) be used for processing:
41 (A) certificate of title data in which a lien is notated; and
42 (B) the notification, maintenance, and release of security
HB 1100—LS 6770/DI 125 46
1 interests in vehicles;
2 after June 30, 2022.
3 (3) A statewide electronic title system capable of processing
4 vehicle titles through electronic means must be made available for
5 voluntary use by vehicle dealers, lienholders, and owners not later
6 than July 1, 2022.
7 (4) The bureau shall require that the statewide electronic title
8 system made available under subdivision (3) be used for
9 processing vehicle titles after June 30, 2023.
10 (i) Subsection (h) does not prohibit the bureau or any:
11 (1) qualified vendor with whom the bureau contracts under
12 subsection (f); or
13 (2) qualified service provider with whom the bureau contracts
14 under subsection (g);
15 from implementing, making available, or requiring the use of a
16 statewide electronic lien system described in subsection (h)(1) at the
17 same time as, or in conjunction with, a statewide electronic title system
18 described in subsection (h)(3), or from implementing, making
19 available, or requiring the use of a statewide electronic lien system
20 described in subsection (h)(1) or a statewide electronic title system
21 described in subsection (h)(3) before the applicable dates otherwise set
22 forth in subsection (h).
23 (j) The following apply to the use of a statewide electronic lien
24 system described in subsection (h)(1):
25 (1) Notwithstanding section 5(b) of this chapter, if there are one
26 (1) or more liens or encumbrances on a motor vehicle, the bureau
27 may electronically transmit the lien to the first lienholder and
28 notify the first lienholder of any additional liens. Subsequent lien
29 satisfactions may be electronically transmitted to the bureau and
30 must include the name and address of the person satisfying the
31 lien.
32 (2) Whenever the electronic transmission of lien notifications and
33 lien satisfactions is used, a certificate of title need not be issued
34 until the last lien is satisfied and a clear certificate of title can be
35 issued to the owner of the motor vehicle. The bureau may print or
36 issue electronically the clear certificate of title to the owner or
37 subsequent assignee of the motor vehicle.
38 (3) If a motor vehicle is subject to an electronic lien, the
39 certificate of title for the motor vehicle is considered to be
40 physically held by the lienholder for purposes of compliance with
41 state or federal odometer disclosure requirements.
42 (4) A certified copy of the bureau's electronic record of a lien is
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1 admissible in any civil, criminal, or administrative proceeding in
2 Indiana as evidence of the existence of the lien. If a certificate of
3 title is maintained electronically in a statewide electronic title
4 system described in subsection (h)(3), a certified copy of the
5 bureau's electronic record of the certificate of title is admissible
6 in any civil, criminal, or administrative proceeding in Indiana as
7 evidence of the existence and contents of the certificate of title.
8 (5) All individuals and lienholders who conduct at least twelve
9 (12) lien transactions annually must use the statewide electronic
10 lien and title system implemented under this section to record
11 information concerning the perfection and release of a security
12 interest in a vehicle.
13 (6) An electronic notice or release of a lien made through the
14 statewide electronic lien and title system implemented under this
15 section has the same force and effect as a notice or release of a
16 lien made on a paper document.
17 (7) The bureau may convert an existing paper lien to an electronic
18 lien upon request of the primary lienholder. The bureau, or a third
19 party contracting with the bureau under this section, is authorized
20 to collect a fee not to exceed three dollars ($3) for each
21 conversion performed under this subdivision. A fee under this
22 subdivision may not be charged to a state agency or its agents.
23 (8) Notwithstanding section 5 of this chapter, any requirement
24 that a security interest or other information appear on a certificate
25 of title is satisfied by the inclusion of that information in an
26 electronic file maintained in an electronic title system.
27 (k) Nothing in this section precludes the bureau from collecting a
28 title fee for the preparation and issuance of a title.
29 (l) The bureau may adopt rules under IC 4-22-2 to implement this
30 section, including emergency rules in the manner provided by
31 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
32 provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
33 under this subsection and in the manner provided by IC 4-22-2-37.1
34 expires on the date on which a rule that supersedes the emergency rule
35 is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
36 SECTION 41. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
37 SECTION 338, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
39 transportation shall adopt emergency rules in the manner provided
40 under IC 4-22-2-37.1 for the:
41 (1) issuance, fee structure, and enforcement of permits for
42 overweight divisible loads;
HB 1100—LS 6770/DI 125 48
1 (2) fee structure of permits for loads on extra heavy duty
2 highways; and
3 (3) fee structure of permits for overweight loads.
4 Except as provided in IC 4-22-2-37.1, a rule adopted under this
5 section expires only with the adoption of a new superseding rule.
6 SECTION 42. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
9 P.L.1-2000, the director of the department of toxicology of the Indiana
10 University School of Medicine may adopt a rule required under section
11 5 of this chapter, section 6 of this chapter, or both in the manner
12 provided for emergency rules under IC 4-22-2-37.1.
13 (b) A rule adopted under this section is effective when it is filed
14 with the secretary of state and, except as provided in IC 4-22-2-37.1,
15 expires on the latest of the following:
16 (1) The date that the director adopts another emergency rule
17 under this section to amend, repeal, or otherwise supersede the
18 previously adopted emergency rule.
19 (2) The date that the director adopts a permanent rule under
20 IC 4-22-2 to amend, repeal, or otherwise supersede the previously
21 adopted emergency rule.
22 (3) July 1, 2001.
23 (c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
24 repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
25 under this section shall be treated as a requirement under section 5 of
26 this chapter, section 6 of this chapter, or both as appropriate.
27 SECTION 43. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
30 under IC 4-22-2 necessary to implement this chapter.
31 (b) The office of the secretary may adopt emergency rules under
32 IC 4-22-2-37.1 to implement this chapter on an emergency basis.
33 (c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
34 amendment to an emergency rule adopted under this section expires not
35 later than one (1) year after the rule is accepted for filing under
36 IC 4-22-2-37.1(e).
37 SECTION 44. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
38 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 1. (a) The board may:
40 (1) adopt;
41 (2) repeal;
42 (3) rescind; or
HB 1100—LS 6770/DI 125 49
1 (4) amend;
2 rules and standards by proceeding in the manner prescribed in
3 IC 4-22-2 and IC 13-14-9.
4 (b) The board may adopt an emergency rule under IC 4-22-2-37.1
5 to comply with a deadline required by or other date provided by federal
6 law if:
7 (1) the variance procedures are included in the rule; and
8 (2) permits or licenses granted during the period the emergency
9 rule is in effect are reviewed after the emergency rule expires.
10 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
11 under this subsection may be extended for two (2) extension periods by
12 adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
13 not apply to an emergency rule adopted under this subsection.
14 SECTION 45. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
15 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
17 Indiana Register of the second public comment period required by
18 section 2 of this chapter. A notice provided under this section must do
19 the following:
20 (1) Contain the full text of the proposed rule, to the extent
21 required under IC 4-22-2-24(c).
22 (2) Contain a summary of the response of the department to
23 written comments submitted under section 3 of this chapter
24 during the first public comment period.
25 (3) Request the submission of comments, including suggestions
26 of specific amendments to the language contained in the proposed
27 rule.
28 (4) Contain the full text of the commissioner's written findings
29 under section 7 of this chapter, if applicable.
30 (5) Identify each element of the proposed rule that imposes a
31 restriction or requirement on persons to whom the proposed rule
32 applies that:
33 (A) is more stringent than a restriction or requirement imposed
34 under federal law; or
35 (B) applies in a subject area in which federal law does not
36 impose a restriction or requirement.
37 (6) With respect to each element identified under subdivision (5),
38 identify:
39 (A) the environmental circumstance or hazard that dictates the
40 imposition of the proposed restriction or requirement to
41 protect human health and the environment;
42 (B) examples in which federal law is inadequate to provide the
HB 1100—LS 6770/DI 125 50
1 protection referred to in clause (A); and
2 (C) the:
3 (i) estimated fiscal impact; and
4 (ii) expected benefits;
5 based on the extent to which the proposed rule is more
6 stringent than the restrictions or requirements of federal law,
7 or on the creation of restrictions or requirements in a subject
8 area in which federal law does not impose restrictions or
9 requirements.
10 (7) For any element of the proposed rule that imposes a restriction
11 or requirement that is more stringent than a restriction or
12 requirement imposed under federal law or that applies in a subject
13 area in which federal law does not impose restrictions or
14 requirements, describe the availability for public inspection of all
15 materials relied upon by the department in the development of the
16 proposed rule, including, if applicable:
17 (A) health criteria;
18 (B) analytical methods;
19 (C) treatment technology;
20 (D) economic impact data;
21 (E) environmental assessment data;
22 (F) analyses of methods to effectively implement the proposed
23 rule; and
24 (G) other background data.
25 (8) Identify whether the proposed rule imposes a penalty, fine,
26 or other similar negative impact on a person or business, and
27 if so, contain a written description of the penalty, fine, or
28 other similar negative impact, and why the penalty, fine, or
29 other similar negative impact is considered necessary.
30 (b) The notice required under subsection (a):
31 (1) shall be published electronically in the Indiana Register under
32 procedures established by the publisher; and
33 (2) if any element of the proposed rule to which the notice relates
34 imposes a restriction or requirement that is more stringent than a
35 restriction or requirement imposed under federal law, shall be
36 submitted in an electronic format under IC 5-14-6 to the executive
37 director of the legislative services agency, who shall present the
38 notice to the legislative council established by IC 2-5-1.1-1; and
39 (3) if the proposed rule imposes a penalty, fine, or other
40 similar negative impact on a person or business as described
41 in subsection (a)(8), shall be submitted by the publisher, in an
42 electronic format under IC 5-14-6, to each member of the
HB 1100—LS 6770/DI 125 51
1 standing committee or standing committees that have subject
2 matter jurisdiction most closely relating to the subject matter
3 of the rule.
4 (c) If the notice provided by the department concerning a proposed
5 rule identifies, under subsection (a)(5), an element of the proposed rule
6 that imposes a restriction or requirement more stringent than a
7 restriction or requirement imposed under federal law, the proposed rule
8 shall not become effective under this chapter until the adjournment sine
9 die of the regular session of the general assembly that begins after the
10 department provides the notice.
11 (d) Subsections (b)(2) and (c) do not prohibit or restrict the
12 commissioner, the department, or the board from:
13 (1) adopting emergency rules under IC 4-22-2-37.1;
14 (2) taking emergency action under IC 13-14-10; or
15 (3) temporarily:
16 (A) altering ordinary operating policies or procedures; or
17 (B) implementing new policies or procedures;
18 in response to an emergency situation.
19 SECTION 46. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
21 applies to the following:
22 (1) A rule that is required to receive or maintain:
23 (A) delegation;
24 (B) primacy; or
25 (C) approval;
26 for state implementation or operation of a program established
27 under federal law.
28 (2) A rule that is required to begin or continue receiving federal
29 funding for the implementation or operation of a program.
30 (b) A rule described in subsection (a) does not expire under this
31 chapter.
32 (c) In the seventh fourth year after the effective date of a rule or an
33 amendment to a rule described in subsection (a), the department shall
34 publish a notice in the Indiana Register. The notice may contain a list
35 of several rules that have been effective for seven (7) four (4) years. A
36 separate notice must be published for each board with rulemaking
37 authority. A notice under this subsection must provide for the
38 following:
39 (1) A written comment period of at least thirty (30) days.
40 (2) A request for comments on specific rules that should be
41 reviewed through the regular rulemaking process under
42 IC 13-14-9.
HB 1100—LS 6770/DI 125 52
1 (3) A notice of public hearing before the appropriate board.
2 (4) The information required to be identified or described under
3 IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
4 IC 13-14-9-4(a)(8) in the same manner that would apply if the
5 proposed renewal of the expired rule were a proposal to adopt a
6 new rule.
7 (d) The department shall:
8 (1) prepare responses to all comments received during the
9 comment period; and
10 (2) provide all comments and responses to the board during the
11 public board hearing;
12 described in subsection (c).
13 (e) The board, after considering the written comments and
14 responses, as well as testimony at the public hearing described in
15 subsection (c), shall direct the department on whether additional
16 rulemaking actions must be initiated to address concerns raised to the
17 board.
18 (f) For the rules described in subsection (a) that are effective on or
19 before:
20 (1) July 1, 2001, the notice described in subsection (c) shall be
21 published in the Indiana Register before December 31, 2008; or
22 (2) July 1, 2022, the notice described in subsection (c) shall be
23 published in the Indiana Register not later than June 30, 2026.
24 SECTION 47. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
25 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
27 section 1.1 of this chapter, an administrative rule adopted under
28 IC 13-14-9 expires January 1 of the seventh year after the year in which
29 the rule takes effect, unless the rule contains an earlier expiration date.
30 The expiration date of a rule under this section is extended each time
31 that a rule amending an unexpired rule takes effect. The rule, as
32 amended, expires on January 1 of the seventh year after the year in
33 which the amendment takes effect.
34 (b) An administrative rule that:
35 (1) was adopted under a provision of IC 13 that has been repealed
36 by a recodification of IC 13;
37 (2) is in force on December 31, 1995; and
38 (3) is not amended by a rule that takes effect after December 31,
39 1995, and before January 1, 2002;
40 expires not later than January 1, 2002.
41 (c) The determination of whether an administrative rule expires
42 under this chapter shall be applied at the level of an Indiana
HB 1100—LS 6770/DI 125 53
1 Administrative Code section.
2 SECTION 48. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
5 subsection (b) or section 1.1 of this chapter, an administrative rule
6 adopted under IC 13-14-9 expires July 1 of the fourth year after
7 the year in which the rule takes effect, unless the rule contains an
8 earlier expiration date. The expiration date of a rule under this
9 section is extended each time that a rule amending an unexpired
10 rule takes effect. The rule, as amended, expires on July 1 of the
11 fourth year after the year in which the amendment takes effect.
12 (b) This subsection applies to an administrative rule that:
13 (1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
14 under IC 4-22-2.5 or this chapter after December 31, 2015,
15 and before January 1, 2020; and
16 (2) is in force on June 30, 2022.
17 The expiration date of a rule described in this subsection is
18 extended under this subsection if the agency intends to readopt the
19 rule. The rule expires on July 1, 2024.
20 SECTION 49. IC 13-14-9.5-3 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
22 or a board that has rulemaking authority under this title may adopt a
23 rule under IC 13-14-9 in anticipation of a rule's expiration under this
24 chapter.
25 (b) Except as provided in section 5 of this chapter, the department
26 or a board that has rulemaking authority under this title may not use
27 emergency rule procedures to readopt a rule that is subject to expiration
28 under this chapter.
29 (c) This subsection applies to a rule that expires under this
30 chapter after June 30, 2024. Subject to subsection (f), before the
31 department or a board that has rulemaking authority under this
32 title may readopt a rule under this section, and not later than
33 January 1 of the third year after the year in which the rule most
34 recently took effect, the department or board shall provide notice
35 of the pending readoption of the rule to the publisher. At the same
36 time the agency provides notice of the pending readoption of the
37 rule, the agency shall submit:
38 (1) a copy of the rule;
39 (2) any economic impact statement prepared concerning the
40 rule; and
41 (3) if the rule imposes a penalty, fine, or other similar negative
42 impact on a person or business, a written description of the
HB 1100—LS 6770/DI 125 54
1 penalty, fine, or other similar negative impact, and why the
2 penalty, fine, or other similar negative impact is considered
3 necessary.
4 (d) The publisher shall provide a copy of any materials
5 submitted under subsection (c) in an electronic format under
6 IC 5-14-6 to each member of the standing committee or standing
7 committees that have subject matter jurisdiction most closely
8 relating to the subject matter of the rule.
9 (e) The publisher shall publish the materials submitted under
10 subsection (c) in the Indiana Register.
11 (f) If the department or a board that has rulemaking authority
12 under this title intends to readopt a rule described in section 2.1(b)
13 of this chapter, the department or board shall submit the materials
14 under subsection (c) not later than January 1, 2023.
15 SECTION 50. IC 13-14-9.5-5 IS AMENDED TO READ AS
16 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
17 readopted and the governor finds that the failure to readopt the rule
18 causes an emergency to exist, the governor may, by executive order
19 issued before the rule's expiration date, postpone the expiration date of
20 the rule until a date that is one (1) year after the date specified in
21 section 2 2.1 of this chapter.
22 SECTION 51. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
23 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
25 that changes a period described under section 1 of this chapter within
26 which the commissioner must approve or deny an application:
27 (1) if:
28 (A) the general assembly enacts a statute;
29 (B) a board adopts a rule; or
30 (C) the federal government enacts a statute or adopts a
31 regulation;
32 that imposes a new requirement concerning a class of applications
33 that makes it infeasible for the commissioner to approve or deny
34 the application within the period;
35 (2) if:
36 (A) the general assembly enacts a statute;
37 (B) a board adopts a rule; or
38 (C) the federal government enacts a statute or adopts a
39 regulation;
40 that establishes a new permit program for which a period is not
41 described under section 1 of this chapter; or
42 (3) if some other significant factor concerning a class of
HB 1100—LS 6770/DI 125 55
1 applications makes it infeasible for the commissioner to approve
2 or deny the application within the period.
3 (b) A board may adopt a rule described in subsection (a) as an
4 emergency rule under IC 4-22-2-37.1, if:
5 (1) the variance procedures are included in the rule; and
6 (2) permits or licenses granted during the period the emergency
7 rule is in effect are reviewed after the emergency rule expires.
8 If a board adopts an emergency rule under this subsection, the period
9 described in section 1 of this chapter is suspended during the
10 emergency rulemaking process. Except as provided in
11 IC 4-22-2-37.1, an emergency rule adopted under this subsection may
12 be extended for two (2) extension periods by adopting another
13 emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
14 apply to an emergency rule adopted under this subsection.
15 SECTION 52. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
16 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 24. The commission may implement a
18 certification program for emergency services personnel regulated by
19 the commission through emergency rules adopted under
20 IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
21 rule adopted under this section expires on the later of the following:
22 (1) July 1, 2014.
23 (2) The date permanent rules are adopted to replace the
24 emergency rules.
25 SECTION 53. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
26 SECTION 323, IS AMENDED TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
28 health may adopt rules establishing the initial schedule of civil
29 penalties required under section 28 of this chapter, as added by
30 P.L.266-2001, at any time after May 11, 2001, in the manner provided
31 for the adoption of emergency rules under IC 4-22-2-37.1. Except as
32 provided in IC 4-22-2-37.1, an emergency rule adopted under this
33 section expires on the later of:
34 (1) the date permanent rules are adopted to replace the emergency
35 rules; or
36 (2) July 1, 2003.
37 (b) A corporation or local health department that, before January 1,
38 2001, adopted monetary penalties for the violation of any state or local
39 law or rule concerning food handling or food establishments may
40 continue to enforce those locally prescribed monetary penalties
41 (including the issuance of tickets or citations authorized by local law)
42 and deposit the amounts collected as prescribed by local law until the
HB 1100—LS 6770/DI 125 56
1 later of:
2 (1) the date permanent rules are adopted establishing the schedule
3 of civil penalties required under section 28 of this chapter, as
4 added by P.L.266-2001; or
5 (2) July 1, 2003.
6 SECTION 54. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
7 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
9 secured school safety board, may adopt:
10 (1) rules under IC 4-22-2; or
11 (2) emergency rules under IC 4-22-2-37.1;
12 necessary to implement this chapter.
13 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
14 adopted by the state board under this section expires on the earlier of
15 the following dates:
16 (1) The expiration date stated in the emergency rule.
17 (2) The date the emergency rule is amended or repealed by a later
18 rule adopted under IC 4-22-2.
19 SECTION 55. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
20 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
22 to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
23 published by the National Fire Protection Association, 1 Batterymarch
24 Park, Quincy, Massachusetts 02169-7471.
25 (b) It is the intent of the general assembly that NFPA 72, as may be
26 amended by the commission under subsection (c), be incorporated into
27 the Indiana Administrative Code. Not later than July 1, 2014, the
28 commission shall adopt rules under IC 4-22-2 to amend 675
29 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
30 Code, subject to subsection (c)(1) and (c)(2). The commission may
31 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
32 comply with this subsection. Except as provided in IC 4-22-2-37.1,
33 an emergency rule adopted by the commission under IC 4-22-2-37.1 to
34 comply with this subsection expires on the date a rule that supersedes
35 the emergency rule is adopted by the commission under IC 4-22-2-24
36 through IC 4-22-2-36.
37 (c) In adopting rules to incorporate NFPA 72 into the Indiana
38 Administrative Code, as required by subsection (b), the commission
39 may amend NFPA 72 as the commission considers appropriate.
40 However, the rules finally adopted by the commission to comply with
41 this section must do the following:
42 (1) Incorporate the definition of, and associated requirements for:
HB 1100—LS 6770/DI 125 57
1 (A) a managed facilities-based voice network (MFVN); and
2 (B) a public switched telephone network (PSTN);
3 as set forth in NFPA 72.
4 (2) Allow digital alarm communicator systems that make use of
5 a managed facilities-based voice network (MFVN) to transmit
6 signals from a fire alarm system to an offsite monitoring facility,
7 subject to the requirements for those systems set forth in NFPA
8 72.
9 (d) If the commission does not comply with subsection (b), the
10 following apply on July 1, 2014:
11 (1) The definition of, and associated requirements for:
12 (A) a managed facilities-based voice network (MFVN); and
13 (B) a public switched telephone network (PSTN);
14 as set forth in NFPA 72, are considered incorporated into the
15 Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
16 (or any rules adopted by a state agency, or any ordinances or other
17 regulations adopted by a political subdivision) that conflict with
18 the definitions and requirements described in this subdivision are
19 superseded by the definitions and requirements described in this
20 subdivision. This subdivision continues to apply until the
21 commission adopts rules that amend 675 IAC 28-1-28 to
22 incorporate NFPA 72 into the Indiana Administrative Code and
23 that comply with subsection (c)(1) and (c)(2).
24 (2) A person that after June 30, 2014, installs or uses a digital
25 alarm communicator system that:
26 (A) makes use of a managed facilities-based voice network
27 (MFVN) to transmit signals from a fire alarm system to an
28 offsite monitoring facility; and
29 (B) meets the requirements for such a system set forth in
30 NFPA 72;
31 is not required to obtain a variance under section 11 of this
32 chapter for the installation or use.
33 SECTION 56. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
36 cited as the First Lien Mortgage Lending Act.
37 (b) Notwithstanding any other provision of this article or IC 24-4.5,
38 but except as provided in IC 4-22-2-37.1, the department may adopt
39 emergency rules under IC 4-22-2-37.1, to remain effective until
40 codified in the Indiana Code, in order to provide for a system of
41 licensing creditors and mortgage loan originators that meets the
42 requirements of:
HB 1100—LS 6770/DI 125 58
1 (1) the Secure and Fair Enforcement for Mortgage Licensing Act
2 of 2008 (H.R. 3221 Title V) and the interpretations of that Act
3 issued by the Secretary of Housing and Urban Development and
4 the Consumer Financial Protection Bureau; and
5 (2) the subsequent amendment of the Secure and Fair
6 Enforcement for Mortgage Licensing Act of 2008 by the
7 Economic Growth, Regulatory Relief, and Consumer Protection
8 Act (P.L. 115-174, 132 Stat. 1296).
9 SECTION 57. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
12 designated as subject to change shall change, as provided in this
13 section, according to the Consumer Price Index for Urban Wage
14 Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
15 equals 100, compiled by Bureau of Labor Statistics, United States
16 Department of Labor, and referred to in this section as the Index. The
17 Index for October, 1971, is the Reference Base Index.
18 (2) The dollar amounts shall change on January 1 of each
19 odd-numbered year if the percentage of change, calculated to the
20 nearest whole percentage point, between the Index at the end of the
21 preceding odd-numbered year and the Reference Base Index is ten
22 percent (10%) or more, except that:
23 (a) the portion of the percentage change in the Index in excess of
24 a multiple of ten percent (10%) shall be disregarded and the
25 dollar amounts shall change only in multiples of ten percent
26 (10%) of the amounts on March 5, 1971;
27 (b) the dollar amounts shall not change if the amounts required by
28 this section are those currently in effect pursuant to this article as
29 a result of earlier application of the section; and
30 (c) in no event shall the dollar amounts be reduced below the
31 amounts appearing in this article on March 5, 1971.
32 (3) If the Index is revised after December 1967, the percentage of
33 change shall be calculated on the basis of the revised Index. If the
34 revision of the Index changes the Reference Base Index, a revised
35 Reference Base Index shall be determined by multiplying the
36 Reference Base Index by the ratio of the revised Index to the current
37 Index, as each was for the first month in which the revised Index is
38 available. If the Index is superseded, the Index is the one represented
39 by the Bureau of Labor Statistics as reflecting most accurately changes
40 in the purchasing power of the dollar for consumers.
41 (4) The department shall issue an emergency rule under
42 IC 4-22-2-37.1 announcing:
HB 1100—LS 6770/DI 125 59
1 (a) sixty (60) days before January 1 of each odd-numbered year
2 in which dollar amounts are to change, the changes in dollar
3 amounts required by subsection (2); and
4 (b) promptly after the changes occur, changes in the Index
5 required by subsection (3), including, when applicable, the
6 numerical equivalent of the Reference Base Index under a revised
7 Reference Base Index and the designation or title of any index
8 superseding the Index.
9 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
10 under this subsection expires on the date the department is next
11 required to issue a rule under this subsection.
12 (5) A person does not violate this article through a transaction
13 otherwise complying with this article if the person relies on dollar
14 amounts either determined according to subsection (2) or appearing in
15 the last rule of the department announcing the then current dollar
16 amounts.
17 SECTION 58. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
18 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
20 IC 4-21.5-3 governs all agency action taken by the department under
21 this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
22 proceedings for administrative review under IC 4-21.5-3 or judicial
23 review under IC 4-21.5-5 shall be held in Marion County. The
24 provisions of IC 4-22-2 prescribing procedures for the adoption of rules
25 by agencies apply to the adoption of rules by the department of
26 financial institutions under this article. However, if the department
27 declares an emergency in the document containing the rule, the
28 department may adopt rules permitted by this chapter under
29 IC 4-22-2-37.1.
30 (2) Except as provided in IC 4-22-2-37.1, a rule under subsection
31 (1) adopted under IC 4-22-2-37.1 expires on the date the department
32 next adopts a rule under the statute authorizing or requiring the rule.
33 SECTION 59. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
36 IC 4-22-2, including emergency rules in the manner provided under
37 IC 4-22-2-37.1, to carry out this chapter. Except as provided in
38 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
39 under this section expires on the earlier of the following dates:
40 (1) The expiration date in the emergency rule.
41 (2) The date the emergency rule is amended or repealed by a later
42 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
HB 1100—LS 6770/DI 125 60
1 IC 4-22-2-37.1.
2 SECTION 60. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
3 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
5 IC 4-22-2 to implement this article, including emergency rules in the
6 manner provided by IC 4-22-2-37.1. Notwithstanding
7 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
8 emergency rule adopted by the attorney general under this section and
9 in the manner provided by IC 4-22-2-37.1 expires on the date on which
10 a rule that supersedes the emergency rule is adopted by the attorney
11 general under IC 4-22-2-24 through IC 4-22-2-36.
12 SECTION 61. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
13 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
15 certificate under this title that is in effect on July 1, 2018, or created on
16 or established after that date.
17 (b) As used in this section, "crime" has the meaning set forth in
18 IC 33-23-1-4.
19 (c) As used in this section, "criminal history information" has the
20 meaning set forth in IC 5-2-4-1.
21 (d) Not later than November 1, 2018, a board, commission, or
22 committee shall revise its licensing or certification requirements to the
23 extent necessary to explicitly list the crimes that may disqualify an
24 individual from receiving a license or certificate under this title. The
25 board, commission, or committee may not:
26 (1) use nonspecific terms, such as moral turpitude or good
27 character, as a licensing or certification requirement; or
28 (2) consider an arrest that does not result in a conviction.
29 (e) A board's, commission's, or committee's use of an individual's
30 conviction of a crime as a conviction of concern is limited to a crime
31 directly related to the duties and responsibilities of the occupation or
32 profession for which the individual is applying for or holds a license or
33 certification.
34 (f) If an individual has a conviction of concern, the period of
35 disqualification may not exceed five (5) years after the date of the
36 conviction, unless the individual:
37 (1) was convicted of a crime of violence (as defined by
38 IC 35-50-1-2(a));
39 (2) was convicted of an offense relating to a criminal sexual act
40 (as defined by IC 35-31.5-2-216); or
41 (3) is convicted of a second or subsequent crime during the
42 disqualification period.
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1 (g) An individual having a conviction of concern may at any time
2 petition a board, commission, or committee requiring a license or
3 certificate for a determination as to whether the individual's conviction
4 of concern will disqualify the individual from receiving the license or
5 certification. An individual filing a petition under this subsection shall
6 submit the following:
7 (1) At no expense to the state, a national criminal background
8 check by the Federal Bureau of Investigation.
9 (2) Any additional information requested by the board,
10 commission, or committee to assist the board, commission, or
11 committee in its review of the individual's petition.
12 (h) If an individual has a conviction of concern, the board,
13 commission, or committee shall consider the following in determining
14 whether to deny a license or certification to the individual based on the
15 following factors:
16 (1) The nature and seriousness of the crime for which the
17 individual was convicted.
18 (2) The passage of time since the commission of the crime.
19 (3) The relationship of the crime to the ability, capacity, and
20 fitness required to perform the duties and discharge the
21 responsibilities of the occupation.
22 (4) Evidence of rehabilitation or treatment undertaken by the
23 individual that might mitigate against a direct relation to the
24 ability, capacity, and fitness required to perform the duties and
25 discharge the responsibilities of the occupation.
26 (i) If a board, commission, or committee determines an individual's
27 conviction of concern disqualifies the individual from receiving a
28 license or certification solely or in part because of the individual's
29 criminal history, the board, commission, or committee shall notify the
30 individual in writing of the following:
31 (1) The grounds and reasons for the denial or disqualification.
32 (2) The individual has the right to a hearing to challenge the
33 licensing authority's decision.
34 (3) The earliest date the individual may reapply for a license or
35 certification or the earliest date the individual can petition the
36 board, commission, or committee for a review.
37 (4) Evidence of rehabilitation may be considered upon
38 reapplication.
39 (5) Findings for each of the factors specified in subdivisions (1)
40 through (4).
41 Any written determination that an individual's criminal history contains
42 a conviction of concern that merits the denial of a license must be
HB 1100—LS 6770/DI 125 62
1 documented in written findings under subdivision (1) by clear and
2 convincing evidence sufficient for review by a court. In an
3 administrative hearing or a civil action reviewing the denial of a
4 license, a board, commission, or committee has the burden of proof on
5 the question of whether the individual's criminal history, based on the
6 standards provided in subsection (h), should lead to the denial of a
7 license.
8 (j) The board, commission, or committee shall inform the individual
9 of its determination concerning the individual's petition not later than
10 sixty (60) days after the petition, criminal history information, and any
11 other information requested under subsection (g) is received by the
12 board, commission, or committee.
13 (k) The board, commission, or committee may charge a fee
14 established under IC 25-1-8 that does not exceed twenty-five dollars
15 ($25) to pay its costs of reviewing a petition filed under subsection (g).
16 (l) A board, commission, or committee may adopt rules under
17 IC 4-22-2 to implement this section, including emergency rules under
18 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
19 provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
20 commission, or committee under this section and in the manner
21 provided by IC 4-22-2-37.1 expires on the date on which a rule that
22 supersedes the emergency rule is adopted by the board, commission, or
23 committee under IC 4-22-2-24 through IC 4-22-2-36.
24 SECTION 62. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
27 IC 4-22-2-37.1 to incorporate by reference into a rule the latest
28 statement, edition, or compilation of the professional standards
29 governing the competent practice of accountancy that are:
30 (1) enacted in a federal or state statute, rule, or regulation; or
31 (2) adopted by an agent of the United States, a state, or a
32 nationally recognized organization or association, including the
33 AICPA, the International Accounting Standards Board, and the
34 Public Company Accounting Oversight Board.
35 (b) The board may, by resolution, authorize the executive director
36 of the Indiana professional licensing agency to adopt one (1) or more
37 rules described in subsection (a) on behalf of the board. The
38 authorization may be limited as determined by the board. The board
39 may revise or terminate an authorization by resolution. The executive
40 director of the Indiana professional licensing agency shall adopt rules
41 under IC 4-22-2-37.1 in conformity with the resolution adopted by the
42 board. A rule adopted on behalf of the board by the executive director
HB 1100—LS 6770/DI 125 63
1 must:
2 (1) be signed by the executive director;
3 (2) specify on the signature page that the executive director is
4 acting on behalf of the board; and
5 (3) be submitted to the publisher of the Indiana Register under
6 IC 4-22-2-37.1 with a copy of the resolution authorizing the
7 rulemaking.
8 A rule adopted by the executive director in conformity with this
9 subsection shall be treated as a rule of the board.
10 (c) Except as provided in IC 4-22-2-37.1, a rule described in
11 subsection (a) or (b) expires on the later of the date:
12 (1) specified in the rule; or
13 (2) that another rule becomes effective that amends or repeals the
14 previously issued rule.
15 SECTION 63. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
16 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
18 subsection (c), a pharmacy technician may administer an influenza or
19 coronavirus disease immunization to an individual under a drug order
20 or prescription.
21 (b) Subject to rules adopted under subsection (c), a pharmacy
22 technician may administer an influenza or coronavirus disease
23 immunization to an individual or a group of individuals under a drug
24 order, under a prescription, or according to a protocol approved by a
25 physician.
26 (c) The board shall adopt rules under IC 4-22-2 to establish
27 requirements applying to a pharmacy technician who administers an
28 influenza or coronavirus disease immunization to an individual or
29 group of individuals. The rules adopted under this section must provide
30 for the direct supervision of the pharmacy technician by a pharmacist,
31 a physician, a physician assistant, or an advanced practice registered
32 nurse. Before July 1, 2021, the board shall adopt emergency rules
33 under IC 4-22-2-37.1 to establish the requirements described in this
34 subsection concerning the influenza immunization and the coronavirus
35 disease immunization. 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 under this subsection and in the manner provided by IC 4-22-2-37.1
38 expires on the date on which a rule that supersedes the emergency rule
39 is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
40 (d) The board must approve all programs that provide training to
41 pharmacy technicians to administer influenza and coronavirus disease
42 immunizations as permitted by this section.
HB 1100—LS 6770/DI 125 64
1 SECTION 64. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
2 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
4 IC 4-22-2, including emergency rules adopted in the manner provided
5 under IC 4-22-2-37.1, to establish requirements for a third party
6 logistics license, license fees, and other relevant matters consistent with
7 the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
8 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
9 adopted by the board under this section expires on the date the
10 emergency rule is amended or repealed by a later rule adopted under
11 IC 4-22-2-22.5 through IC 4-22-2-36.
12 SECTION 65. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
13 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
15 management company that qualifies as an appraisal management
16 company under 12 U.S.C. 3350(11).
17 (b) As used in this section, "Appraisal Subcommittee" refers to the
18 Appraisal Subcommittee of the Federal Financial Institutions
19 Examination Council.
20 (c) As used in this section, "covered transaction" has the meaning
21 set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
22 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
23 1222.20-1222.26).
24 (d) As used in this section, "performed an appraisal", with respect
25 to a real estate appraiser and an appraisal management company,
26 means the appraisal service requested of the real estate appraiser by the
27 appraisal management company was provided to the appraisal
28 management company.
29 (e) An appraisal management company to which this section applies
30 shall pay to the board the annual AMC registry fee, as established by
31 the Appraisal Subcommittee, as follows:
32 (1) In the case of an appraisal management company that has been
33 in existence for more than one (1) year, twenty-five dollars ($25)
34 multiplied by the number of real estate appraisers who have
35 performed an appraisal for the appraisal management company in
36 connection with a covered transaction in Indiana during the
37 previous year.
38 (2) In the case of an appraisal management company that has not
39 been in existence for more than one (1) year, twenty-five dollars
40 ($25) multiplied by the number of real estate appraisers who have
41 performed an appraisal for the appraisal management company in
42 connection with a covered transaction in Indiana since the
HB 1100—LS 6770/DI 125 65
1 appraisal management company commenced doing business.
2 (f) The AMC registry fee required by this section is in addition to
3 the registration fee required by section 15 of this chapter.
4 (g) The board shall transmit the AMC registry fees collected under
5 this section to the Appraisal Subcommittee on an annual basis. For
6 purposes of this subsection, the board may align a one (1) year period
7 with any twelve (12) month period, which may or not may not be based
8 on the calendar year. Only those appraisal management companies
9 whose registry fees have been transmitted to the Appraisal
10 Subcommittee will be eligible to be on the AMC Registry (as defined
11 in 12 U.S.C. 1102.401(a)).
12 (h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
13 commission may do the following:
14 (1) Adopt rules under IC 4-22-2 to implement this section.
15 (2) Amend rules adopted under this subsection as necessary to
16 conform the annual AMC registry fee required by this section
17 with the AMC registry fee established by the Appraisal
18 Subcommittee.
19 In adopting or amending a rule under this subsection, the commission
20 may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
21 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
22 IC 4-22-2-37.1, an emergency rule adopted by the commission under
23 this subsection and in the manner provided by IC 4-22-2-37.1 expires
24 on the date on which a rule that supersedes the emergency rule is
25 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
26 SECTION 66. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
27 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
29 shall adopt a rule under IC 4-22-2 establishing the amount for each
30 exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
31 effect not earlier than January 1, 2010, and not later than March 1,
32 2010.
33 (b) The department of financial institutions shall adopt a rule under
34 IC 4-22-2 establishing new amounts for each exemption under section
35 2(c)(1) through 2(c)(3) of this chapter every six (6) years after
36 exemption amounts are established under subsection (a). The rule
37 establishing new exemption amounts under this subsection must take
38 effect not earlier than January 1 and not later than March 1 of the sixth
39 calendar year immediately following the most recent adjustments to the
40 exemption amounts.
41 (c) The department of financial institutions shall determine the
42 amount of each exemption under subsections (a) and (b) based on
HB 1100—LS 6770/DI 125 66
1 changes in the Consumer Price Index for All Urban Consumers,
2 published by the United States Department of Labor, for the most
3 recent six (6) year period.
4 (d) The department of financial institutions shall round the amount
5 of an exemption determined under subsections (a) and (b) to the
6 nearest fifty dollars ($50).
7 (e) A rule establishing amounts for exemptions under this section
8 may not reduce an exemption amount below the exemption amount on
9 July 1, 2005.
10 (f) The department of financial institutions may adopt a rule under
11 subsection (a) or subsection (b) as an emergency rule under
12 IC 4-22-2-37.1.
13 (g) Except as provided in IC 4-22-2-37.1, an emergency rule
14 adopted by the department of financial institutions under this section
15 expires on the earlier of the following dates:
16 (1) The expiration date stated in the emergency rule.
17 (2) The date the emergency rule is amended or repealed by a later
18 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
19 IC 4-22-2-37.1.
HB 1100—LS 6770/DI 125 67
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1100, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 2, line 4, delete "legislative council" and insert "general
assembly".
Page 2, line 6, delete "proclamation." and insert "proclamation
through adoption of a concurrent resolution.".
Page 2, line 18, delete "legislative council" and insert "general
assembly".
Page 2, line 20, delete "proclamation." and insert "proclamation
through adoption of a concurrent resolution.".
Page 2, line 23, delete "chair and vice chair of the" and insert
"general assembly".
Page 2, line 24, delete "legislative council".
Page 2, line 26, delete "a determination of the legislative council"
and insert "the general assembly's adoption of a concurrent
resolution".
Delete page 3.
Page 4, delete lines 1 through 14.
Page 5, line 34, delete "a change in the agency's" and insert "the
adoption of rules is:
(A) required to begin or maintain state implementation of
a program established under federal law or state statute;
or
(B) required by a state statute.".
Page 5, delete lines 35 through 36.
Page 11, line 28, delete "In the".
Page 11, delete lines 29 through 30.
Page 11, line 31, delete "this section.".
Page 11, line 32, delete "that justifies adoption in" and insert ". The
attorney general may return the rule to the agency without
disapproving the rule, and the agency may recall and resubmit the
rule to the attorney general under the same document number in
accordance with section 40 of this chapter.".
Page 11, line 33, delete "accordance with this section.".
Page 11, line 33, delete "neither" and insert "does not approve".
Page 11, line 34, delete "approves nor disapproves".
Page 11, line 34, after "rule" insert "for legality and form".
Page 11, line 34, delete "forty-sixth day" and insert "thirty-first
HB 1100—LS 6770/DI 125 68
day".
Page 11, line 36, delete "without the approval of the attorney" and
insert ".".
Page 11, delete lines 37 through 41.
Page 11, line 42, after "deemed approved" insert "for legality and
form".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1100 as introduced.)
MILLER D
Committee Vote: yeas 8, nays 2.
HB 1100—LS 6770/DI 125