*HB1100.4*
Reprinted
January 27, 2022
HOUSE BILL No. 1100
_____
DIGEST OF HB 1100 (Updated January 26, 2022 3:34 pm - DI 125)
Citations Affected: Numerous provisions throughout the Indiana
Code.
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. 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
(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.
January 20, 2022, referred to Committee on Ways and Means pursuant to Rule 84.
January 24, 2022, amended, reported — Do Pass.
January 26, 2022, read second time, amended, ordered engrossed.
HB 1100—LS 6770/DI 125 Digest Continued
adopting an administrative rule to submit an economic impact
statement and an explanation of any penalty, fine, or other similar
negative impact included in the proposed rule to the publisher of the
Indiana administrative code (publisher). Requires the publisher to
provide a copy of the materials concerning a proposed rule or pending
readoption 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 Reprinted
January 27, 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 4-4-41-11, AS ADDED BY P.L.89-2021,
2 SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
3 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
4 office shall adopt rules under IC 4-22-2 necessary for the
5 administration of this chapter. In adopting the rules required by this
6 section, the office may adopt emergency rules in the manner provided
7 by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
8 provided in IC 4-22-2-37.1, an emergency rule adopted by the office
9 under this section and in the manner provided by IC 4-22-2-37.1
10 expires on the date on which a rule that supersedes the emergency rule
11 is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
12 SECTION 2. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
14 board, commission, department, division, bureau, committee, or other
15 governmental entity exercising any of the executive (including the
HB 1100—LS 6770/DI 125 2
1 administrative) powers of state government. The term does not include
2 the judicial or legislative departments of state government or a political
3 subdivision as defined in IC 36-1-2-13.
4 (b) "Rule" means the whole or any part of an agency statement of
5 general applicability that:
6 (1) has or is designed to have the effect of law; and
7 (2) implements, interprets, or prescribes:
8 (A) law or policy; or
9 (B) the organization, procedure, or practice requirements of an
10 agency.
11 (c) "Rulemaking action" means the process of formulating or
12 adopting a rule. The term does not include an agency action.
13 (d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
14 (e) "Person" means an individual, corporation, limited liability
15 company, partnership, unincorporated association, or governmental
16 entity.
17 (f) "Publisher" refers to the publisher of the Indiana Register and
18 Indiana Administrative Code, which is the legislative council, or the
19 legislative services agency operating under the direction of the council.
20 (g) "Emergency rule" refers to a rule authorized by a statute
21 outside this article to be adopted in accordance with the
22 procedures in section 37.1 of this chapter.
23 (g) (h) The definitions in this section apply throughout this article.
24 SECTION 3. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
25 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
27 chapter applies to the addition, amendment, or repeal of a rule in every
28 rulemaking action.
29 (b) This chapter does not apply to the following agencies:
30 (1) Any military officer or board.
31 (2) Any state educational institution.
32 (c) This chapter does not apply to a rulemaking action that results
33 in any of the following rules:
34 (1) A resolution or directive of any agency that relates solely to
35 internal policy, internal agency organization, or internal procedure
36 and does not have the effect of law.
37 (2) A restriction or traffic control determination of a purely local
38 nature that:
39 (A) is ordered by the commissioner of the Indiana department
40 of transportation;
41 (B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
42 IC 9-20-7; and
HB 1100—LS 6770/DI 125 3
1 (C) applies only to one (1) or more particularly described
2 intersections, highway portions, bridge causeways, or viaduct
3 areas.
4 (3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
5 (4) An executive order or proclamation issued by the governor.
6 (d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
7 26, 27, and 29 of this chapter do not apply to rulemaking actions under
8 IC 13-14-9.
9 SECTION 4. IC 4-22-2-18.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2022]: Sec. 18.5. (a) This section applies to rulemaking actions
12 for which a notice of intent to adopt a rule is published under
13 section 23 of this chapter after June 30, 2022. However, this section
14 does not apply:
15 (1) if an agency is readopting a rule with no changes; or
16 (2) to a rulemaking action for which the adoption of rules is:
17 (A) required to begin or maintain state implementation of
18 a program established under federal law or state statute;
19 or
20 (B) required by a state statute.
21 (b) As used in this section, "rule containing a regulatory
22 restriction" means a rule that requires or prohibits an action on
23 behalf of a person.
24 (c) Nothing in this section shall be construed as a waiver of the
25 requirement that an agency adhere to the format, numbering
26 system, standards, and techniques established by the publisher
27 under section 42 of this chapter when adopting or amending a rule.
28 (d) An agency may not initiate a rulemaking action to adopt a
29 new rule containing a regulatory restriction under this chapter
30 unless the agency simultaneously repeals an existing rule
31 containing a regulatory restriction.
32 (e) An agency does not satisfy the requirement under subsection
33 (d) by repealing a rule and including the language from the
34 repealed rule in a new rule if the language of the repealed rule
35 remains substantially similar in the new rule.
36 (f) The attorney general is responsible for ensuring that an
37 agency complies with the requirements of this section.
38 SECTION 5. IC 4-22-2-19.3 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2022]: Sec. 19.3. A rule adopted under this article or under
41 IC 13-14-9.5 may not:
42 (1) establish requirements more stringent; or
HB 1100—LS 6770/DI 125 4
1 (2) impose harsher penalties;
2 than requirements or penalties established or imposed by
3 comparable federal statutes or regulations.
4 SECTION 6. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
5 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
7 submitted to the publisher after June 30, 2022.
8 (b) At the same time an agency submits a proposed rule to the
9 publisher under section 24 of this chapter, the agency shall submit
10 to the publisher the following:
11 (1) If applicable, the economic impact statement prepared by
12 the agency under IC 4-22-2.1-5.
13 (2) If the rule imposes a penalty, fine, or other similar
14 negative impact on a person or business, a written explanation
15 of the penalty, fine, or other similar negative impact, and why
16 the penalty, fine, or other similar negative impact is
17 considered necessary.
18 (c) The publisher shall provide a copy of the materials
19 submitted by an agency under this section in an electronic format
20 under IC 5-14-6 to each member of the standing committee or
21 standing committees that have subject matter jurisdiction most
22 closely relating to the subject matter of the rule.
23 (d) The publisher shall publish the materials submitted under
24 subsection (b) in the Indiana Register.
25 SECTION 7. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
26 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
28 this section:
29 (1) "Ombudsman" refers to the small business ombudsman
30 designated under IC 5-28-17-6.
31 (2) "Total estimated economic impact" means the direct annual
32 economic impact of a rule on all regulated persons after the rule
33 is fully implemented under subsection (g).
34 (b) The ombudsman:
35 (1) shall review a proposed rule that:
36 (A) imposes requirements or costs on small businesses (as
37 defined in IC 4-22-2.1-4); and
38 (B) is referred to the ombudsman by an agency under
39 IC 4-22-2.1-5(c); and
40 (2) may review a proposed rule that imposes requirements or
41 costs on businesses other than small businesses (as defined in
42 IC 4-22-2.1-4).
HB 1100—LS 6770/DI 125 5
1 After conducting a review under subdivision (1) or (2), the ombudsman
2 may suggest alternatives to reduce any regulatory burden that the
3 proposed rule imposes on small businesses or other businesses. The
4 agency that intends to adopt the proposed rule shall respond in writing
5 to the ombudsman concerning the ombudsman's comments or
6 suggested alternatives before adopting the proposed rule under section
7 29 of this chapter.
8 (c) Subject to subsection (e) and not later than fifty (50) days before
9 the public hearing for a proposed rule required by section 26 of this
10 chapter, an agency shall submit the proposed rule to the office of
11 management and budget for a review under subsection (d), if the
12 agency proposing the rule determines that the rule will have a total
13 estimated economic impact greater than five hundred thousand dollars
14 ($500,000) on all regulated persons. In determining the total estimated
15 economic impact under this subsection, the agency shall consider any
16 applicable information submitted by the regulated persons affected by
17 the rule. To assist the office of management and budget in preparing
18 the fiscal impact statement required by subsection (d), the agency shall
19 submit, along with the proposed rule, the data used and assumptions
20 made by the agency in determining the total estimated economic
21 impact of the rule.
22 (d) Except as provided in subsection (e), before the adoption of the
23 rule, and not more than forty-five (45) days after receiving a proposed
24 rule under subsection (c), the office of management and budget shall
25 prepare, using the data and assumptions provided by the agency
26 proposing the rule, along with any other data or information available
27 to the office of management and budget, a fiscal impact statement
28 concerning the effect that compliance with the proposed rule will have
29 on:
30 (1) the state; and
31 (2) all persons regulated by the proposed rule.
32 The fiscal impact statement must contain the total estimated economic
33 impact of the proposed rule and a determination concerning the extent
34 to which the proposed rule creates an unfunded mandate on a state
35 agency or political subdivision. The fiscal impact statement is a public
36 document. The office of management and budget shall make the fiscal
37 impact statement available to interested parties upon request and to the
38 agency proposing the rule. The agency proposing the rule shall
39 consider the fiscal impact statement as part of the rulemaking process
40 and shall provide the office of management and budget with the
41 information necessary to prepare the fiscal impact statement, including
42 any economic impact statement prepared by the agency under
HB 1100—LS 6770/DI 125 6
1 IC 4-22-2.1-5. The office of management and budget may also receive
2 and consider applicable information from the regulated persons
3 affected by the rule in preparation of the fiscal impact statement.
4 (e) With respect to a proposed rule subject to IC 13-14-9:
5 (1) the department of environmental management shall give
6 written notice to the office of management and budget of the
7 proposed date of preliminary adoption of the proposed rule not
8 less than sixty-six (66) days before that date; and
9 (2) the office of management and budget shall prepare the fiscal
10 impact statement referred to in subsection (d) not later than
11 twenty-one (21) days before the proposed date of preliminary
12 adoption of the proposed rule.
13 (f) In determining whether a proposed rule has a total estimated
14 economic impact greater than five hundred thousand dollars
15 ($500,000), the agency proposing the rule shall consider the impact of
16 the rule on any regulated person that already complies with the
17 standards imposed by the rule on a voluntary basis.
18 (g) For purposes of this section, a rule is fully implemented after:
19 (1) the conclusion of any phase-in period during which:
20 (A) the rule is gradually made to apply to certain regulated
21 persons; or
22 (B) the costs of the rule are gradually implemented; and
23 (2) the rule applies to all regulated persons that will be affected
24 by the rule.
25 In determining the total estimated economic impact of a proposed rule
26 under this section, the agency proposing the rule shall consider the
27 annual economic impact on all regulated persons beginning with the
28 first twelve (12) month period after the rule is fully implemented. The
29 agency may use actual or forecasted data and may consider the actual
30 and anticipated effects of inflation and deflation. The agency shall
31 describe any assumptions made and any data used in determining the
32 total estimated economic impact of a rule under this section.
33 (h) An agency shall provide the legislative council in an electronic
34 format under IC 5-14-6 with any analysis, data, and description of
35 assumptions submitted to the office of management and budget under
36 this section or section 40 of this chapter at the same time the agency
37 submits the information to the office of management and budget. The
38 office of management and budget shall provide the legislative council
39 in an electronic format under IC 5-14-6 any fiscal impact statement and
40 related supporting documentation prepared by the office of
41 management and budget under this section or section 40 of this chapter
42 at the same time the office of management and budget provides the
HB 1100—LS 6770/DI 125 7
1 fiscal impact statement to the agency proposing the rule. Information
2 submitted under this subsection must identify the rule to which the
3 information is related by document control number assigned by the
4 publisher.
5 (i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
6 legislative council in an electronic format under IC 5-14-6 with any
7 economic impact or fiscal impact statement, including any supporting
8 data, studies, or analysis, prepared for a rule proposed by the agency or
9 subject to readoption by the agency to comply with:
10 (1) a requirement in section 19.5 of this chapter to minimize the
11 expenses to regulated entities that are required to comply with the
12 rule;
13 (2) a requirement in section 24 of this chapter to publish a
14 justification of any requirement or cost that is imposed on a
15 regulated entity under the rule;
16 (3) a requirement in IC 4-22-2.1-5 to prepare a statement that
17 describes the annual economic impact of a rule on all small
18 businesses after the rule is fully implemented;
19 (4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
20 consider whether there are any alternative methods of achieving
21 the purpose of the rule that are less costly or less intrusive, or that
22 would otherwise minimize the economic impact of the proposed
23 rule on small businesses;
24 (5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
25 information concerning the fiscal impact of a rule or alternatives
26 to a rule subject to these provisions; or
27 (6) a requirement under any other law to conduct an analysis of
28 the cost, economic impact, or fiscal impact of a rule;
29 regardless of whether the total estimated economic impact of the
30 proposed rule is more than five hundred thousand dollars ($500,000),
31 as soon as practicable after the information is prepared. Information
32 submitted under this subsection must identify the rule to which the
33 information is related by document control number assigned by the
34 publisher.
35 SECTION 8. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
38 adopted under this section:
39 (1) Sections 24 23 through 36 of this chapter.
40 (2) IC 13-14-9.
41 (b) In conformity with section 14 of this chapter, this section
42 creates only procedural rights and imposes only procedural duties.
HB 1100—LS 6770/DI 125 8
1 This section does not delegate substantive authority to an agency
2 to adopt a rule. This section applies only if a statute outside this
3 article delegates substantive rulemaking authority to the agency
4 and that statute or another statute expressly authorizes the agency
5 to exercise the rulemaking authority in accordance with the
6 emergency procedures in this section. A rule may be adopted under
7 this section statute outside this article authorizes an agency to
8 exercise the agency's rulemaking authority in accordance with the
9 procedures in this section if a the statute delegating authority to an
10 agency to adopt rules authorizes adoption of such a rule: expressly
11 states that rules may or shall be adopted:
12 (1) under this section; or
13 (2) in the manner provided by this section.
14 (c) To initiate a rulemaking proceeding under this section, an
15 agency must:
16 (1) demonstrate through findings of fact that:
17 (A) an imminent peril to the public health, safety, or
18 welfare;
19 (B) avoidance of a loss of federal funding for an agency
20 program or a violation of federal law or regulation;
21 (C) a change in the agency's governing statutes or a federal
22 program; or
23 (D) avoidance of any other substantial negative impact to
24 the public interest;
25 requires the immediate adoption of a rule in accordance with
26 this section; and
27 (2) after an agency adopts a rule under this section, the agency
28 shall submit the rule and findings of fact to the publisher for the
29 assignment of a document control number.
30 The agency shall submit the rule in the form required by section 20 of
31 this chapter and with the documents required by section 21 of this
32 chapter. The publisher shall determine the format of the rule and other
33 documents to be submitted under this subsection. The agency may
34 adopt the emergency rule before or after submission of the
35 emergency rule to the publisher. The publisher shall assign a
36 document control number for the rule. The publisher shall also
37 provide a copy of the emergency rule in an electronic format under
38 IC 5-14-6 to each member of the standing committee or standing
39 committees that have subject matter jurisdiction most closely
40 relating to the subject matter of the emergency rule along with a
41 statement indicating that the rule has been submitted to the
42 attorney general for review.
HB 1100—LS 6770/DI 125 9
1 (d) After the document control number has been assigned and the
2 agency adopts the emergency rule, the agency shall submit the
3 emergency rule, the findings required under subsection (c)(1), the
4 document number, the documents required by section 21 of this
5 chapter, and any other documents specified by the attorney general
6 to the publisher for filing. attorney general for review. The agency
7 shall submit the rule in the form required by section 20 of this chapter.
8 and with the documents required by section 21 of this chapter. The
9 publisher shall determine the format of the rule and other documents
10 to be submitted under this subsection.
11 (e) The attorney general shall conduct an expedited review of a
12 rule submitted under subsection (d). The attorney general shall
13 review a rule under this section to determine if it:
14 (1) has been adopted without statutory authority;
15 (2) has been adopted without complying with this section;
16 (3) has been adopted without complying with the statute
17 authorizing the agency to adopt emergency rules under this
18 section; or
19 (4) violates another law.
20 The attorney general shall complete the review within a time
21 consistent with the emergency. The attorney general may return
22 the rule to the agency without disapproving the rule, and the
23 agency may recall and resubmit the rule to the attorney general
24 under the same document number in accordance with section 40 of
25 this chapter. If the attorney general does not approve the rule for
26 legality and form before the thirty-first day after the rule is
27 submitted, the rule is deemed approved, and the agency may
28 submit it to the publisher.
29 (e) (f) When a rule has been approved or deemed approved for
30 legality and form by the attorney general, the agency shall
31 immediately submit the rule to the publisher for filing. Subject to
32 section 39 of this chapter, the publisher shall:
33 (1) accept the rule for filing; and
34 (2) electronically record the date and time that the rule is
35 accepted;
36 (3) publish the emergency rule; and
37 (4) provide a copy of the emergency rule in an electronic
38 format under IC 5-14-6 to each member of the standing
39 committee or standing committees that have subject matter
40 jurisdiction most closely relating to the subject matter of the
41 emergency rule along with a statement indicating that the rule
42 has been approved by the attorney general.
HB 1100—LS 6770/DI 125 10
1 (f) (g) A rule adopted by an agency under this section takes effect
2 on the latest of the following dates:
3 (1) The effective date of the statute delegating authority to the
4 agency to adopt the rule.
5 (2) The date and time that the rule is accepted for filing under
6 subsection (e). (f).
7 (3) The effective date stated by the adopting agency in the rule.
8 (4) The date of compliance with every requirement established by
9 law as a prerequisite to the adoption or effectiveness of the rule.
10 (5) The statutory effective date for an emergency rule set forth in
11 the statute authorizing the agency to adopt emergency rules.
12 (g) (h) Unless otherwise provided by the statute authorizing
13 adoption of the rule: Except as permitted under subsection (k) or (l):
14 (1) a rule adopted under this section expires not later than ninety
15 (90) days after the rule is accepted for filing under subsection (e);
16 (f);
17 (2) a rule adopted under this section may be extended by adopting
18 another rule under this section, but only for one (1) extension
19 period; and
20 (3) for a rule adopted under this section to be effective after one
21 (1) extension period, the rule must be adopted under:
22 (A) sections 24 through 36 of this chapter; or
23 (B) IC 13-14-9;
24 as applicable.
25 (h) (i) This section may not be used to readopt a rule under
26 IC 4-22-2.5.
27 (i) (j) The publisher of the Indiana administrative code shall
28 annually publish a list of agencies authorized to adopt rules under this
29 section.
30 (k) This subsection applies if a statute delegates authority to an
31 agency to adopt an emergency rule and a change in the agency's
32 governing statutes or a federal program requires an immediate
33 adoption of an emergency rule. An agency may extend a rule for
34 not more than six (6) extension periods in addition to the extension
35 period permitted under subdivision (h)(2) if the agency determines
36 the additional extensions are needed to allow sufficient time to
37 adopt a rule under sections 24 through 36 of this chapter or
38 IC 13-14-9.
39 (l) This subsection is intended to establish uniform procedures
40 for the implementation of emergency rules not described in
41 subsection (k). If a statute outside this chapter (regardless of
42 whether the statute is enacted before, on, or after July 1, 2022)
HB 1100—LS 6770/DI 125 11
1 permits an emergency rule to be:
2 (1) effective for more than ninety (90) days, the emergency
3 rule expires ninety (90) days after the rule becomes effective,
4 unless, before the expiration date, the agency provides
5 electronic notice to the publisher stating the reasons for
6 continuation of the emergency rule and the legislative council
7 approves the continuation of the emergency rule; or
8 (2) extended for more than one (1) extension period, the
9 agency may not apply the statute to extend the emergency
10 rule for more than one (1) extension period of not more than
11 ninety (90) days, unless, before the extension period elapses,
12 the agency provides electronic notice to the publisher stating
13 the reasons for additional extensions of the emergency rule
14 and the legislative council approves the requested additional
15 extension of the emergency rule.
16 However, if an emergency rule (including an emergency rule in
17 effect on an extension) is in effect on July 1, 2022, the emergency
18 rule expires on the earlier of the date that the emergency rule
19 would expire without the application of this subsection or
20 September 28, 2022, unless, before the expiration, the agency
21 provides electronic notice to the publisher stating the reasons for
22 continuation of the emergency rule and the legislative council
23 approves the requested continuation of the emergency rule. The
24 publisher shall publish notice of a request under this subsection in
25 the Indiana Register and provide the chair and vice chair of the
26 legislative council with the request submitted to the publisher. The
27 publisher shall publish notice of a determination of the legislative
28 council under this subsection in the Indiana Register.
29 SECTION 9. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
31 applies to the following:
32 (1) A rule that is required to receive or maintain:
33 (A) delegation;
34 (B) primacy; or
35 (C) approval;
36 for state implementation or operation of a program established
37 under federal law.
38 (2) A rule that is required to begin or continue receiving federal
39 funding for the implementation or operation of a program.
40 (b) A rule described in subsection (a) does not expire under this
41 chapter. However, except as provided in subsection (c), an agency
42 shall readopt a rule described in this section before January 1 July 1 of
HB 1100—LS 6770/DI 125 12
1 the seventh fourth year after the year in which the rule takes effect as
2 set forth in this chapter.
3 (c) For a rule described in subsection (a) that takes effect before
4 July 1, 2022, the agency shall readopt the rule not later than June
5 30, 2026.
6 SECTION 10. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
9 section 1.1 of this chapter, an administrative rule adopted under
10 IC 4-22-2 expires January 1 of the seventh year after the year in which
11 the rule takes effect, unless the rule contains an earlier expiration date.
12 The expiration date of a rule under this section is extended each time
13 that a rule amending an unexpired rule takes effect. The rule, as
14 amended, expires on January 1 of the seventh year after the year in
15 which the amendment takes effect.
16 (b) An administrative rule that:
17 (1) was adopted under IC 4-22-2;
18 (2) is in force on December 31, 1995; and
19 (3) is not amended by a rule that takes effect after December 31,
20 1995, and before January 1, 2002;
21 expires not later than January 1, 2002.
22 (c) The determination of whether an administrative rule expires
23 under this chapter shall be applied at the level of an Indiana
24 Administrative Code section.
25 SECTION 11. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
28 subsection (b) or section 1.1 of this chapter, an administrative rule
29 adopted under IC 4-22-2 expires July 1 of the fourth year after the
30 year in which the rule takes effect, unless the rule contains an
31 earlier expiration date. The expiration date of a rule under this
32 section is extended each time that a rule amending an unexpired
33 rule takes effect. The rule, as amended, expires on July 1 of the
34 fourth year after the year in which the amendment takes effect.
35 (b) This subsection applies to an administrative rule that:
36 (1) was adopted under IC 4-22-2 or readopted under this
37 chapter after December 31, 2015, and before January 1, 2020;
38 and
39 (2) is in force on June 30, 2022.
40 The expiration date of a rule described in this subsection is
41 extended under this subsection if the agency intends to readopt the
42 rule. The rule expires on July 1, 2024.
HB 1100—LS 6770/DI 125 13
1 SECTION 12. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
4 is subject to expiration under this chapter must:
5 (1) follow the procedure for adoption of administrative rules
6 under IC 4-22-2; and
7 (2) for a rule that expires under this chapter:
8 (A) after June 30, 2005, conduct any review required under
9 section 3.1 of this chapter; and
10 (B) after June 30, 2024:
11 (i) conduct any review and compile any reports required
12 under section 3.1 of this chapter; and
13 (ii) provide the notification and any reports as required
14 under section 3.5 of this chapter.
15 (b) An agency may adopt a rule under IC 4-22-2 in anticipation of
16 a rule's expiration under this chapter.
17 (c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
18 subject to expiration under this chapter.
19 SECTION 13. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
20 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
22 (1) expires under this chapter after June 30, 2005; and
23 (2) imposes requirements or costs on small businesses.
24 (b) As used in this section, "small business" has the meaning set
25 forth in IC 4-22-2.1-4.
26 (c) Subject to subsection (e), before an agency may act under
27 section 3 of this chapter to readopt a rule described in subsection (a),
28 the agency shall conduct a review to consider whether there are any
29 alternative methods of achieving the purpose of the rule that are less
30 costly or less intrusive, or that would otherwise minimize the economic
31 impact of the proposed rule on small businesses. In reviewing a rule
32 under this section, the agency shall consider the following:
33 (1) The continued need for the rule.
34 (2) The nature of any complaints or comments received from the
35 public, including small businesses, concerning the rule or the
36 rule's implementation by the agency.
37 (3) The complexity of the rule, including any difficulties
38 encountered by:
39 (A) the agency in administering the rule; or
40 (B) small businesses in complying with the rule.
41 (4) The extent to which the rule overlaps, duplicates, or conflicts
42 with other federal, state, or local laws, rules, regulations, or
HB 1100—LS 6770/DI 125 14
1 ordinances.
2 (5) The length of time since the rule was last reviewed under this
3 section or otherwise evaluated by the agency, and the degree to
4 which technology, economic conditions, or other factors have
5 changed in the area affected by the rule since that time.
6 (d) This subsection applies to a rule that was adopted through a
7 rulemaking action initiated by the agency under IC 4-22-2-23 after June
8 30, 2005. Subject to subsection (e), in reviewing the rule under this
9 section, the agency shall reexamine the most recent economic impact
10 statement prepared by the agency under IC 4-22-2.1-5. The agency
11 shall consider:
12 (1) the degree to which the factors analyzed in the statement have
13 changed since the statement was prepared; and
14 (2) whether:
15 (A) any regulatory alternatives included in the statement under
16 IC 4-22-2.1-5(a)(5); or
17 (B) any regulatory alternatives not considered by the agency
18 at the time the statement was prepared;
19 could be implemented to replace one (1) or more of the rule's
20 existing requirements.
21 (e) This subsection applies to a rule that expires under this
22 chapter after June 30, 2024. Before an agency may act under
23 section 3 of this chapter to readopt a rule described in subsection
24 (a), and not later than January 1 of the third year after the year in
25 which the rule most recently took effect, the agency shall:
26 (1) conduct the review under subsection (c) and prepare a
27 written report detailing the agency's findings in the review;
28 and
29 (2) conduct the reexamination under subsection (d) and make
30 any necessary updates to the economic impact statement.
31 (e) (f) After conducting the review required by this section and
32 providing the notification required under section 3.5 of this
33 chapter, the agency shall:
34 (1) readopt the rule without change, if no alternative regulatory
35 methods exist that could minimize the economic impact of the
36 rule on small businesses while still achieving the purpose of the
37 rule;
38 (2) amend the rule to implement alternative regulatory methods
39 that will minimize the economic impact of the rule on small
40 businesses; or
41 (3) repeal the rule, if the need for the rule no longer exists.
42 SECTION 14. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
HB 1100—LS 6770/DI 125 15
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
3 rule that expires under this chapter after June 30, 2024.
4 (b) Subject to subsection (e), before an agency may act under
5 section 3 of this chapter to readopt a rule described in subsection
6 (a), and not later than January 1 of the third year after the year in
7 which the rule most recently took effect, the agency shall provide
8 notice of the pending readoption of the rule to the publisher. At the
9 same time the agency provides notice of the pending readoption of
10 the rule, the agency shall submit the following:
11 (1) A copy of the written report prepared under section
12 3.1(e)(1) of this chapter.
13 (2) A copy of the updated economic impact statement
14 prepared by the agency under section 3.1(e)(2) of this chapter.
15 If no update of the economic impact statement was necessary
16 under section 3.1(e)(2) of this chapter, the agency shall
17 provide a copy of the most recent economic impact statement
18 prepared by the agency under IC 4-22-2.1-5.
19 (3) If the rule imposes a penalty, fine, or other similar
20 negative impact on a person or business, a written description
21 of the penalty, fine, or other similar negative impact, and why
22 the penalty, fine, or other similar negative impact is
23 considered necessary.
24 (c) The publisher shall provide a copy of the materials
25 submitted by an agency in an electronic format under IC 5-14-6 to
26 each member of the standing committee or standing committees
27 that have subject matter jurisdiction most closely relating to the
28 subject matter of the rule.
29 (d) The publisher shall publish the materials submitted under
30 subsection (b) in the Indiana Register.
31 (e) If an agency intends to readopt a rule described in section
32 2.1(b) of this chapter, the agency shall submit the materials under
33 subsection (b) not later than January 1, 2023.
34 SECTION 15. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
35 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
37 subject to section sections 3.1 and 3.5 of this chapter, an agency may
38 readopt all rules subject to expiration under this chapter under one (1)
39 rule that lists all rules that are readopted by their titles and subtitles
40 only. A rule that has expired but is readopted under this subsection may
41 not be removed from the Indiana Administrative Code.
42 (b) If, not later than thirty (30) days after an agency's publication of
HB 1100—LS 6770/DI 125 16
1 notice of its intention to adopt a rule under IC 4-22-2-23 using the
2 listing allowed under subsection (a), a person submits to the agency a
3 written request and the person's basis for the request that a particular
4 rule be readopted separately from the readoption rule described in
5 subsection (a), the agency must:
6 (1) readopt that rule separately from the readoption rule described
7 in subsection (a); and
8 (2) follow the procedure for adoption of administrative rules
9 under IC 4-22-2 with respect to the rule.
10 (c) If the agency does not receive a written request under subsection
11 (b) regarding a rule within thirty (30) days after the agency's
12 publication of notice, the agency may:
13 (1) submit the rule for filing with the publisher under
14 IC 4-22-2-35; or
15 (2) elect the procedure for readoption under IC 4-22-2.
16 SECTION 16. IC 4-22-2.5-5 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
18 readopted before the expiration date for the rule and the governor finds
19 that the failure to readopt the rule causes an emergency to exist, the
20 governor may, by executive order issued before the rule's expiration
21 date, postpone the expiration date of the rule until a date that is one (1)
22 year after the date specified in section 2 2.1 of this chapter.
23 SECTION 17. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
26 under IC 4-22-2-37.1.
27 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
28 adopted by the commission under this section expires on the earlier of
29 the following dates:
30 (1) The expiration date stated in the emergency rule.
31 (2) The date the emergency rule is amended or repealed by a later
32 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
33 IC 4-22-2-37.1.
34 SECTION 18. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
37 commission may:
38 (1) adopt rules under IC 4-22-2, including emergency rules under
39 IC 4-22-2-37.1, to implement this article, including rules that
40 prescribe:
41 (A) the forms of wagering that are permitted;
42 (B) the number of races;
HB 1100—LS 6770/DI 125 17
1 (C) the procedures for wagering;
2 (D) the wagering information to be provided to the public;
3 (E) fees for the issuance and renewal of:
4 (i) permits under IC 4-31-5;
5 (ii) satellite facility licenses under IC 4-31-5.5; and
6 (iii) licenses for racetrack personnel and racing participants
7 under IC 4-31-6;
8 (F) investigative fees;
9 (G) fines and penalties; and
10 (H) any other regulation that the commission determines is in
11 the public interest in the conduct of recognized meetings and
12 wagering on horse racing in Indiana;
13 (2) appoint employees and fix their compensation, subject to the
14 approval of the budget agency under IC 4-12-1-13;
15 (3) enter into contracts necessary to implement this article; and
16 (4) receive and consider recommendations from a development
17 advisory committee established under IC 4-31-11.
18 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
19 adopted by the commission under subsection (a) expires on the earlier
20 of the following dates:
21 (1) The expiration date stated in the emergency rule.
22 (2) The date the emergency rule is amended or repealed by a later
23 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
24 IC 4-22-2-37.1.
25 SECTION 19. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
28 rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
29 to implement this chapter.
30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
31 adopted under this section expires on the earlier of the following dates:
32 (1) The expiration date stated in the emergency rule.
33 (2) The date the emergency rule is amended or repealed by a later
34 rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
35 IC 4-22-2-37.1.
36 (c) The criminal justice institute may readopt an emergency rule that
37 has expired.
38 SECTION 20. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
41 IC 4-22-2, including emergency rules adopted in the manner provided
42 by IC 4-22-2-37.1, to establish the policies and procedures required
HB 1100—LS 6770/DI 125 18
1 under section 6 of this chapter and to otherwise implement this chapter.
2 Rules or emergency rules adopted by the authority under this section
3 must take effect not later than January 1, 2018.
4 (b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
5 IC 4-22-2-37.1, an emergency rule adopted by the authority in the
6 manner provided by IC 4-22-2-37.1 to establish the policies and
7 procedures required under section 6 of this chapter and to otherwise
8 implement this chapter expires on the date a rule that supersedes the
9 emergency rule is adopted by the authority under IC 4-22-2-24 through
10 IC 4-22-2-36.
11 SECTION 21. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
14 IC 4-22-2 to carry out its duties under this article. The board may also
15 adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
16 under this article.
17 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
18 adopted under subsection (a) expires on the expiration date stated in
19 the rule.
20 (c) An emergency rule adopted under subsection (a) may be
21 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
22 extension period may not exceed the period for which the original rule
23 was in effect.
24 SECTION 22. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
25 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
27 IC 4-22-2 to carry out its duties under this article. The board may also
28 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
29 carry out its duties under this article.
30 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
31 adopted under subsection (a) expires on the expiration date stated in
32 the rule.
33 (c) An emergency rule adopted under subsection (a) may be
34 extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
35 extension period may not exceed the period for which the original rule
36 was in effect.
37 SECTION 23. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 9. The department may adopt rules under
40 IC 4-22-2, including emergency rules in the manner provided under
41 IC 4-22-2-37.1, to implement this chapter. Except as provided in
42 IC 4-22-2-37.1, an emergency rule implemented under this section
HB 1100—LS 6770/DI 125 19
1 expires on the earlier of the following dates:
2 (1) The expiration date stated in the emergency rule.
3 (2) The date the emergency rule is amended or repealed by a later
4 rule or emergency rule adopted under IC 4-22-2-24 through
5 IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
6 SECTION 24. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
7 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
9 (1) a water main extension;
10 (2) a wastewater main extension; or
11 (3) an agreement that:
12 (A) is for a water main extension or a wastewater main
13 extension; and
14 (B) is entered into after June 30, 2020, by a utility and the
15 person requesting the extension.
16 (b) As used in this section, "utility" means a municipally owned
17 utility (as defined in IC 8-1-2-1(h)) that provides water service or
18 wastewater service, or both, to the public.
19 (c) With respect to any water main extension or wastewater main
20 extension, a utility shall comply with the commission's rules governing
21 water main extensions or wastewater main extensions, as applicable,
22 including:
23 (1) 170 IAC 6-1.5, in the case of a water main extension; or
24 (2) 170 IAC 8.5-4, in the case of a wastewater main extension;
25 as may be amended by the commission, regardless of whether the
26 utility is subject to the jurisdiction of the commission for the approval
27 of rates and charges. However, a utility is not required to comply with
28 any provisions in the commission's main extension rules that require
29 reporting to the commission.
30 (d) Disputes arising under this section may be submitted as informal
31 complaints to the commission's consumer affairs division, in
32 accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
33 IAC 16, including provisions for referrals and appeals to the full
34 commission, regardless of whether the person requesting the extension
35 is a customer of the utility.
36 (e) The commission shall adopt by:
37 (1) order; or
38 (2) rule under IC 4-22-2;
39 other procedures not inconsistent with this section that the commission
40 determines to be reasonable or necessary to administer this section. In
41 adopting the rules under this section, the commission may adopt
42 emergency rules in the manner provided by IC 4-22-2-37.1.
HB 1100—LS 6770/DI 125 20
1 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
2 IC 4-22-2-37.1, an emergency rule adopted by the commission under
3 this subsection and in the manner provided by IC 4-22-2-37.1 expires
4 on the date on which a rule that supersedes the emergency rule is
5 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
6 (f) If the commission determines that it requires additional staff to
7 handle the volume of informal complaints submitted under this section,
8 the commission may impose a fee under this section. Any fee charged
9 by the commission under this section may:
10 (1) not exceed:
11 (A) the commission's actual costs in administering this section;
12 or
13 (B) seven hundred fifty dollars ($750);
14 whichever is less; and
15 (2) be assessed against the party against whom a decision is
16 rendered under this section.
17 SECTION 25. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
18 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
20 public interest to support the reliability, availability, and diversity of
21 electric generating capacity in Indiana for the purpose of providing
22 reliable and stable electric service to customers of public utilities.
23 (b) As used in this section, "appropriate regional transmission
24 organization", with respect to a public utility, refers to the regional
25 transmission organization approved by the Federal Energy Regulatory
26 Commission for the control area that includes the public utility's
27 assigned service area (as defined in IC 8-1-2.3-2).
28 (c) As used in this section, "MISO" refers to the regional
29 transmission organization known as the Midcontinent Independent
30 System Operator that operates the bulk power transmission system
31 serving most of the geographic territory in Indiana.
32 (d) As used in this section, "planning reserve margin requirement",
33 with respect to a public utility for a particular resource planning year,
34 means the planning reserve margin requirement for that planning year
35 that the public utility is obligated to meet in accordance with the public
36 utility's membership in the appropriate regional transmission
37 organization.
38 (e) As used in this section, "reliability adequacy metrics", with
39 respect to a public utility, means calculations used to demonstrate both
40 of the following:
41 (1) That the public utility:
42 (A) has in place sufficient summer UCAP; or
HB 1100—LS 6770/DI 125 21
1 (B) can reasonably acquire not more than thirty percent (30%)
2 of its total summer UCAP from capacity markets, such that it
3 will have sufficient summer UCAP;
4 to provide reliable electric service to Indiana customers, and to
5 meet its planning reserve margin requirement and other federal
6 reliability requirements described in subsection (i)(4).
7 (2) That the public utility:
8 (A) has in place sufficient winter UCAP; or
9 (B) can reasonably acquire not more than thirty percent (30%)
10 of its total winter UCAP from capacity markets, such that it
11 will have sufficient winter UCAP;
12 to provide reliable electric service to Indiana customers, and to
13 meet its planning reserve margin requirement and other federal
14 reliability requirements described in subsection (i)(4).
15 For purposes of this subsection, "capacity markets" means the auctions
16 conducted by an appropriate regional transmission organization to
17 determine a market clearing price for capacity based on the planning
18 reserve margin requirements established by the appropriate regional
19 transmission organization.
20 (f) As used in this section, "summer unforced capacity", or "summer
21 UCAP", with respect to an electric generating facility, means:
22 (1) the capacity value of the electric generating facility's installed
23 capacity rate adjusted for the electric generating facility's average
24 forced outage rate for the summer period, calculated as required
25 by the appropriate regional transmission organization or by the
26 Federal Energy Regulatory Commission; or
27 (2) a metric that is similar to the metric described in subdivision
28 (1) and that is required by the appropriate regional transmission
29 organization.
30 (g) As used in this section, "winter unforced capacity", or "winter
31 UCAP", with respect to an electric generating facility, means:
32 (1) the capacity value of the electric generating facility's installed
33 capacity rate adjusted for the electric generating facility's average
34 forced outage rate for the winter period, calculated as required by
35 the appropriate regional transmission organization or by the
36 Federal Energy Regulatory Commission;
37 (2) a metric that is similar to the metric described in subdivision
38 (1) and that is required by the appropriate regional transmission
39 organization; or
40 (3) if the appropriate regional transmission organization does not
41 require a metric described in subdivision (1) or (2), a metric that:
42 (A) can be used to demonstrate that a public utility has
HB 1100—LS 6770/DI 125 22
1 sufficient capacity to:
2 (i) provide reliable electric service to Indiana customers for
3 the winter period; and
4 (ii) meet its planning reserve margin requirement and other
5 federal reliability requirements described in subsection
6 (i)(4); and
7 (B) is acceptable to the commission.
8 (h) A public utility that owns and operates an electric generating
9 facility serving customers in Indiana shall operate and maintain the
10 facility using good utility practices and in a manner:
11 (1) reasonably intended to support the provision of reliable and
12 economic electric service to customers of the public utility; and
13 (2) reasonably consistent with the resource reliability
14 requirements of MISO or any other appropriate regional
15 transmission organization.
16 (i) Not later than thirty (30) days after the deadline for submitting
17 an annual planning reserve margin report to MISO, each public utility
18 providing electric service to Indiana customers shall, regardless of
19 whether the public utility is required to submit an annual planning
20 reserve margin report to MISO, file with the commission a report, in a
21 form specified by the commission, that provides the following
22 information for each of the next three (3) resource planning years,
23 beginning with the planning year covered by the planning reserve
24 margin report to MISO described in this subsection:
25 (1) The:
26 (A) capacity;
27 (B) location; and
28 (C) fuel source;
29 for each electric generating facility that is owned and operated by
30 the electric utility and that will be used to provide electric service
31 to Indiana customers.
32 (2) The amount of generating resource capacity or energy, or
33 both, that the public utility has procured under contract and that
34 will be used to provide electric service to Indiana customers,
35 including the:
36 (A) capacity;
37 (B) location; and
38 (C) fuel source;
39 for each electric generating facility that will supply capacity or
40 energy under the contract, to the extent known by the public
41 utility.
42 (3) The amount of demand response resources available to the
HB 1100—LS 6770/DI 125 23
1 public utility under contracts and tariffs.
2 (4) The following:
3 (A) The planning reserve margin requirements established by
4 MISO for the planning years covered by the report, to the
5 extent known by the public utility with respect to any
6 particular planning year covered by the report.
7 (B) If applicable, any other planning reserve margin
8 requirement that:
9 (i) applies to the planning years covered by the report; and
10 (ii) the public utility is obligated to meet in accordance with
11 the public utility's membership in an appropriate regional
12 transmission organization;
13 to the extent known by the public utility with respect to any
14 particular planning year covered by the report.
15 (C) Other federal reliability requirements that the public utility
16 is obligated to meet in accordance with its membership in an
17 appropriate regional transmission organization with respect to
18 the planning years covered by the report, to the extent known
19 by the public utility with respect to any particular planning
20 year covered by the report.
21 For each planning reserve margin requirement reported under
22 clause (A) or (B), the public utility shall include a comparison of
23 that planning reserve margin requirement to the planning reserve
24 margin requirement established by the same regional transmission
25 organization for the 2021-2022 planning year.
26 (5) The reliability adequacy metrics of the public utility, as
27 forecasted for the three (3) planning years covered by the report.
28 (j) Upon request by a public utility, the commission shall determine
29 whether information provided in a report filed by the public utility
30 under subsection (i):
31 (1) is confidential under IC 5-14-3-4 or is a trade secret under
32 IC 24-2-3;
33 (2) is exempt from public access and disclosure by Indiana law;
34 and
35 (3) shall be treated as confidential and protected from public
36 access and disclosure by the commission.
37 (k) A joint agency created under IC 8-1-2.2 may file the report
38 required under subsection (i) as a consolidated report on behalf of any
39 or all of the municipally owned utilities that make up its membership.
40 (l) A:
41 (1) corporation organized under IC 23-17 that is an electric
42 cooperative and that has at least one (1) member that is a
HB 1100—LS 6770/DI 125 24
1 corporation organized under IC 8-1-13; or
2 (2) general district corporation within the meaning of
3 IC 8-1-13-23;
4 may file the report required under subsection (i) as a consolidated
5 report on behalf of any or all of the cooperatively owned electric
6 utilities that it serves.
7 (m) In reviewing a report filed by a public utility under subsection
8 (i), the commission may request technical assistance from MISO or any
9 other appropriate regional transmission organization in determining:
10 (1) the planning reserve margin requirements or other federal
11 reliability requirement that the public utility is obligated to meet,
12 as described in subsection (i)(4); and
13 (2) whether the resources available to the public utility under
14 subsections subsection (i)(1) through (i)(3) will be adequate to
15 support the provision of reliable electric service to the public
16 utility's Indiana customers.
17 (n) If, after reviewing a report filed by a public utility under
18 subsection (i), the commission is not satisfied that the public utility
19 can:
20 (1) provide reliable electric service to the public utility's Indiana
21 customers; or
22 (2) meet its planning reserve margin requirement or other federal
23 reliability requirements that the public utility is obligated to meet,
24 as described in subsection (i)(4);
25 during one (1) more of the planning years covered by the report, the
26 commission may conduct an investigation under IC 8-1-2-58 and
27 IC 8-1-2-59 as to the reasons for the public utility's potential inability
28 to meet the requirements described in subdivision (1) or (2), or both.
29 (o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
30 after notice and hearing, as required by IC 8-1-2-59, the commission
31 determines that the capacity resources available to the public utility
32 under subsections subsection (i)(1) through (i)(3) will not be adequate
33 to support the provision of reliable electric service to the public utility's
34 Indiana customers, or to allow the public utility to meet its planning
35 reserve margin requirements or other federal reliability requirements
36 that the public utility is obligated to meet (as described in subsection
37 (i)(4)), the commission shall issue an order directing the public utility
38 to acquire or construct such capacity resources that are reasonable and
39 necessary to enable the public utility to provide reliable electric service
40 to its Indiana customers, and to meet its planning reserve margin
41 requirements or other federal reliability requirements described in
42 subsection (i)(4). Not later than ninety (90) days after the date of the
HB 1100—LS 6770/DI 125 25
1 commission's order under this subsection, the public utility shall file for
2 approval with the commission a plan to comply with the commission's
3 order. The public utility's plan may include:
4 (1) a request for a certificate of public convenience and necessity
5 under this chapter; or
6 (2) an application under IC 8-1-8.8;
7 or both.
8 (p) Beginning in 2022, the commission shall before November 1 of
9 each year submit to the governor and to the interim study committee on
10 energy, utilities, and telecommunications established by
11 IC 2-5-1.3-4(8) a report that includes the following:
12 (1) The commission's analysis regarding the ability of public
13 utilities to:
14 (A) provide reliable electric service to Indiana customers; and
15 (B) meet their planning reserve margin requirements or other
16 federal reliability requirements;
17 for the next three (3) utility resource planning years, based on the
18 most recent reports filed by public utilities under subsection (i).
19 (2) A summary of:
20 (A) the projected demand for retail electricity in Indiana over
21 the next calendar year; and
22 (B) the amount and type of capacity resources committed to
23 meeting the projected demand.
24 In preparing the summary required under this subdivision, the
25 commission may consult with the forecasting group established
26 under section 3.5 of this chapter.
27 A report under this subsection to the interim study committee on
28 energy, utilities, and telecommunications established by
29 IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
30 (q) The commission may adopt rules under IC 4-22-2 to implement
31 this section. In adopting rules to implement this section, the
32 commission may adopt emergency rules in the manner provided by
33 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
34 provided in IC 4-22-2-37.1, an emergency rule adopted by the
35 commission under this subsection and in the manner provided by
36 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
37 emergency rule is adopted by the commission under IC 4-22-2-24
38 through IC 4-22-2-36.
39 SECTION 26. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
42 replacement underground facility that an operator installs or causes to
HB 1100—LS 6770/DI 125 26
1 be installed after June 30, 2020, in any public right-of-way or on any
2 private property.
3 (b) Subject to any other applicable federal or state laws or
4 regulations, for any new or replacement underground facility that an
5 operator installs or causes to be installed, the operator shall ensure that:
6 (1) the materials from which the facility is constructed are capable
7 of being detected from above ground level using standard
8 equipment and technologies used by the utility locating industry,
9 such as electromagnetic locating equipment and electromagnetic
10 induction surveys; or
11 (2) if the materials from which the facility is constructed are not
12 capable of being detected from above ground level using standard
13 locating techniques, as described in subdivision (1), the facility is:
14 (A) encased by conductive material; or
15 (B) equipped with an electrically conducting wire or other
16 means of locating the facility while it is underground.
17 (c) The commission may adopt rules under IC 4-22-2 to implement
18 this section, including emergency rules in the manner provided under
19 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
20 provided in IC 4-22-2-37.1, an emergency rule adopted by the
21 commission under this subsection and in the manner provided under
22 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
23 emergency rule is adopted by the commission under IC 4-22-2-24
24 through IC 4-22-2-36.
25 SECTION 27. IC 8-1-34-24.5, AS AMENDED BY P.L.53-2014,
26 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 24.5. (a) This section applies to any unit that
28 receives franchise fees paid to the unit under:
29 (1) a certificate issued by the commission under this chapter; or
30 (2) an unexpired local franchise issued by the unit before July 1,
31 2006;
32 with respect to a particular calendar year.
33 (b) For each calendar year, beginning with the calendar year ending
34 December 31, 2012, each unit to which this section applies shall
35 submit to the commission, on a form or in the manner prescribed by the
36 commission, a report that includes the following information for each
37 certificate or local franchise in effect in the unit during the calendar
38 year for which the report is submitted:
39 (1) The amount of franchise fees paid to the unit under the
40 certificate or local franchise.
41 (2) The account of the unit into which the franchise fees identified
42 under subdivision (1) were deposited.
HB 1100—LS 6770/DI 125 27
1 (3) The purposes for which any franchise fees received by the unit
2 during:
3 (A) the calendar year for which the report is submitted; or
4 (B) a previous calendar year;
5 were used or spent by the unit during the calendar year for which
6 the report is submitted.
7 (4) Any other information or data concerning the receipt and use
8 of franchise fees that the commission considers appropriate.
9 (c) The commission shall prescribe the form of the report and the
10 process, deadlines, and other requirements for submitting the report
11 required under this section.
12 (d) Upon receiving the annual reports required under this section,
13 the commission shall compile and organize the data and information
14 contained in the reports. The commission shall include a summary of
15 the data and information contained in the reports in the commission's
16 annual report on the communications industry provided, under
17 IC 8-1-2.6-4, to the interim study committee on energy, utilities, and
18 telecommunications established by IC 2-5-1.3-4 in an electronic format
19 under IC 5-14-6. However, this subsection does not empower the
20 commission to disclose confidential and proprietary business plans and
21 other confidential information without adequate protection of the
22 information. The commission shall exercise all necessary caution to
23 avoid disclosure of confidential information supplied under this
24 section.
25 (e) The commission may adopt rules under IC 4-22-2, including
26 emergency rules under IC 4-22-2-37.1, to implement this section.
27 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
28 the commission under IC 4-22-2-37.1 expires on the date a rule that
29 supersedes the emergency rule is adopted by the commission under
30 IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
31 rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
32 any emergency rules adopted by the commission under this subsection
33 must take effect by a date that enables a unit subject to this section to
34 comply with this section with respect to the calendar year ending
35 December 31, 2012.
36 SECTION 28. IC 8-1-37-10, AS ADDED BY P.L.150-2011,
37 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
39 shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
40 clean energy portfolio standard program. The program established
41 under this section must be a voluntary program that provides incentives
42 to participating electricity suppliers that undertake to supply specified
HB 1100—LS 6770/DI 125 28
1 percentages of the total electricity supplied to their Indiana retail
2 electric customers from clean energy.
3 (b) The rules adopted by the commission under this section to
4 establish the program must:
5 (1) incorporate:
6 (A) the CPS goals set forth in section 12(a) of this chapter;
7 (B) methods for measuring and evaluating a participating
8 electricity supplier's compliance with the CPS goals set forth
9 in section 12(a) of this chapter;
10 (C) the financial incentives and periodic rate adjustment
11 mechanisms set forth in section 13 of this chapter; and
12 (D) the reporting requirements set forth in section 14 of this
13 chapter;
14 (2) require the commission to determine, before approving an
15 application under section 11 of this chapter, that the approval of
16 the application will not result in an increase to the retail rates and
17 charges of the electricity supplier above what could reasonably be
18 expected if the application were not approved;
19 (3) take effect not later than January 1, 2012; and
20 (4) be consistent with this chapter.
21 (c) Upon the effective date of the rules adopted by the commission
22 under this section, an electricity supplier may apply to the commission
23 under section 11 of this chapter for approval to participate in the
24 program.
25 (d) The commission may adopt emergency rules under
26 IC 4-22-2-37.1 to adopt the rules required by this section. Except as
27 provided in IC 4-22-2-37.1, an emergency rule adopted by the
28 commission under IC 4-22-2-37.1 expires on the date a rule that
29 supersedes the emergency rule is adopted by the commission under
30 IC 4-22-2-24 through IC 4-22-2-36.
31 SECTION 29. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
34 shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
35 the electricity supplier's net metering tariff, to do the following:
36 (1) Increase the allowed limit on the aggregate amount of net
37 metering facility nameplate capacity under the net metering tariff
38 to one and one-half percent (1.5%) of the most recent summer
39 peak load of the electricity supplier.
40 (2) Modify the required reservation of capacity under the limit
41 described in subdivision (1) to require the reservation of:
42 (A) forty percent (40%) of the capacity for participation by
HB 1100—LS 6770/DI 125 29
1 residential customers; and
2 (B) fifteen percent (15%) of the capacity for participation by
3 customers that install a net metering facility that uses a
4 renewable energy resource described in IC 8-1-37-4(a)(5).
5 (b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
6 commission may adopt emergency rules in the manner provided by
7 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
8 provided in IC 4-22-2-37.1, an emergency rule adopted by the
9 commission under this section and in the manner provided by
10 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
11 emergency rule is adopted by the commission under IC 4-22-2-24
12 through IC 4-22-2-36.
13 SECTION 30. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
16 and 11 of this chapter, after June 30, 2017, the commission's rules and
17 standards set forth in:
18 (1) 170 IAC 4-4.2 (concerning net metering); and
19 (2) 170 IAC 4-4.3 (concerning interconnection);
20 remain in effect and apply to net metering under an electricity
21 supplier's net metering tariff and to distributed generation under this
22 chapter.
23 (b) After June 30, 2017, the commission may adopt changes under
24 IC 4-22-2, including emergency rules in the manner provided by
25 IC 4-22-2-37.1, to the rules and standards described in subsection (a)
26 only as necessary to:
27 (1) update fees or charges;
28 (2) adopt revisions necessitated by new technologies; or
29 (3) reflect changes in safety, performance, or reliability standards.
30 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
31 IC 4-22-2-37.1, an emergency rule adopted by the commission under
32 this subsection and in the manner provided by IC 4-22-2-37.1 expires
33 on the date on which a rule that supersedes the emergency rule is
34 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
35 SECTION 31. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
38 generation has the following rights regarding the installation and
39 ownership of distributed generation equipment:
40 (1) The right to know that the attorney general is authorized to
41 enforce this section, including by receiving complaints
42 concerning the installation and ownership of distributed
HB 1100—LS 6770/DI 125 30
1 generation equipment.
2 (2) The right to know the expected amount of electricity that will
3 be produced by the distributed generation equipment that the
4 customer is purchasing.
5 (3) The right to know all costs associated with installing
6 distributed generation equipment, including any taxes for which
7 the customer is liable.
8 (4) The right to know the value of all federal, state, or local tax
9 credits or other incentives or rebates that the customer may
10 receive.
11 (5) The right to know the rate at which the customer will be
12 credited for electricity produced by the customer's distributed
13 generation equipment and delivered to a public utility (as defined
14 in IC 8-1-2-1).
15 (6) The right to know if a provider of distributed generation
16 equipment insures the distributed generation equipment against
17 damage or loss and, if applicable, any circumstances under which
18 the provider does not insure against or otherwise cover damage to
19 or loss of the distributed generation equipment.
20 (7) The right to know the responsibilities of a provider of
21 distributed generation equipment with respect to installing or
22 removing distributed generation equipment.
23 (b) The attorney general, in consultation with the commission, shall
24 adopt rules under IC 4-22-2 that the attorney general considers
25 necessary to implement and enforce this section, including a rule
26 requiring written disclosure of the rights set forth in subsection (a) by
27 a provider of distributed generation equipment to a customer. In
28 adopting the rules required by this subsection, the attorney general may
29 adopt emergency rules in the manner provided by IC 4-22-2-37.1.
30 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
31 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
32 under this subsection and in the manner provided by IC 4-22-2-37.1
33 expires on the date on which a rule that supersedes the emergency rule
34 is adopted by the attorney general under IC 4-22-2-24 through
35 IC 4-22-2-36.
36 SECTION 32. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
39 IC 4-22-2 to implement this chapter. In adopting the rules required by
40 this section, the commission may adopt emergency rules in the manner
41 provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
42 Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
HB 1100—LS 6770/DI 125 31
1 the commission under this section and in the manner provided by
2 IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
3 emergency rule is adopted by the commission under IC 4-22-2-24
4 through IC 4-22-2-36.
5 SECTION 33. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
6 SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
8 in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
9 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
10 adopted under subsection (a) expires on the date a rule that supersedes
11 the emergency rule is adopted by the department under IC 4-22-2-22.5
12 through IC 4-22-2-36.
13 SECTION 34. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 5. The authority may do the following:
16 (1) Construct, maintain, repair, police, and operate toll road
17 projects (as defined in this chapter), public improvements, and
18 arterial streets and roads under section 1 of this chapter and
19 establish rules for the use of any such toll road project, public
20 improvement, or arterial street or road.
21 (2) Issue toll road revenue bonds of the state, payable solely from
22 an allocation of money from the rural transportation road fund
23 under IC 8-9.5-8-16 or from revenues or from the proceeds of
24 bonds issued under this chapter and earnings thereon, or from all
25 three (3), for the purpose of paying all or any part of the cost of
26 any one (1) or more toll road projects or for the purpose of
27 refunding any other toll road revenue bonds.
28 (3) Establish reserves from the proceeds of the sale of bonds or
29 from other funds, or both, to secure the payment of the bonds.
30 (4) Fix and revise from time to time and charge and collect tolls
31 for transit over each toll road project constructed by it.
32 (5) Acquire in the name of the state by purchase or otherwise, on
33 such terms and conditions and in such manner as it may deem
34 proper, or by the exercise of the right of condemnation in the
35 manner as provided by this chapter, such public or private lands,
36 including public parks, playgrounds or reservations, or parts
37 thereof or rights therein, rights-of-way, property, rights,
38 easements, and interests, as it may deem necessary for carrying
39 out the provisions of this chapter. The authority may also:
40 (A) sell, transfer, and convey any such land or any interest
41 therein so acquired, or any portion thereof, whether by
42 purchase, condemnation, or otherwise, and whether such land
HB 1100—LS 6770/DI 125 32
1 or interest therein had been public or private, when the same
2 shall no longer be needed for such purposes; and
3 (B) transfer and convey any such lands or interest therein as
4 may be necessary or convenient for the construction and
5 operation of any toll road project, or as otherwise required
6 under the provisions of this chapter to a state agency or
7 political subdivision.
8 (6) Designate the locations and establish, limit, and control such
9 points of ingress to and egress from each toll road project as may
10 be necessary or desirable in the judgment of the authority to
11 ensure the proper operation and maintenance of such projects, and
12 to prohibit entrance to such project from any point not so
13 designated. The authority shall not grant, for the operation of
14 transient lodging facilities, either ingress to or egress from any
15 project, including the service areas thereof on which are located
16 service stations and restaurants, and including toll plazas and
17 paved portions of the right-of-way. The authority shall cause to be
18 erected, at its cost, at all points of ingress and egress, large and
19 suitable signs facing traffic from each direction on the toll road.
20 Such signs shall designate the number and other designations, if
21 any, of all United States or state highways of ingress or egress, the
22 names of all Indiana municipalities with a population of five
23 thousand (5,000) or more within a distance of seventy-five (75)
24 miles on such roads of ingress or egress, and the distance in miles
25 to such designated municipalities.
26 (7) Make and enter into all contracts and agreements necessary or
27 incidental to the performance of its duties and the execution of its
28 powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
29 under any such contract or agreement, other than:
30 (A) a contract for compensation for personal services;
31 (B) a contract with the department under IC 8-9.5-8-7;
32 (C) a lease with the department under IC 8-9.5-8-8; or
33 (D) a contract, a lease, or another agreement under IC 8-15.5;
34 involves an expenditure of more than ten thousand dollars
35 ($10,000), the authority shall make a written contract with the
36 lowest and best bidder after advertisement for not less than two
37 (2) consecutive weeks in a newspaper of general circulation in
38 Marion County, Indiana, and in such other publications as the
39 authority shall determine. Such notice shall state the general
40 character of the work and the general character of the materials to
41 be furnished, the place where plans and specifications therefor
42 may be examined, and the time and place of receiving bids. Each
HB 1100—LS 6770/DI 125 33
1 bid shall contain the full name of every person or company
2 interested in it and shall be accompanied by a sufficient bond or
3 certified check on a solvent bank that if the bid is accepted a
4 contract will be entered into and the performance of its proposal
5 secured. The authority may reject any and all bids. A bond with
6 good and sufficient surety shall be required by the authority of all
7 contractors in an amount equal to at least fifty percent (50%) of
8 the contract price, conditioned upon the faithful performance of
9 the contract. The authority shall require a bid, performance, and
10 payment bond from a contractor for a project if the estimated cost
11 of the project is more than two hundred thousand dollars
12 ($200,000). The authority may require a bid, performance, or
13 payment bond from a contractor for a project if the estimated cost
14 of the project is not more than two hundred thousand dollars
15 ($200,000).
16 (8) Employ consulting engineers, superintendents, managers, and
17 such other engineers, construction and accounting experts, bond
18 counsel, other attorneys with the approval of the attorney general,
19 and other employees and agents as may be necessary in its
20 judgment to carry out the provisions of this chapter, and to fix
21 their compensation. However, all such expenses shall be payable
22 solely from the proceeds of toll road revenue bonds issued under
23 the provisions of this chapter or from revenues.
24 (9) Receive and accept from any federal agency, subject to
25 IC 8-23-3, grants for or in aid of the construction of any toll road
26 project, and receive and accept aid or contributions from any
27 source of either money, property, labor, or other things of value,
28 to be held, used, and applied only for the purposes for which such
29 grants and contributions may be made, and repay any grant to the
30 authority or to the department from a federal agency if such
31 repayment is necessary to free the authority from restrictions
32 which the authority determines to be in the public interest to
33 remove.
34 (10) Establish fees, charges, terms, or conditions for any
35 expenditures, loans, or other form of financial participation in
36 projects authorized as public improvements on arterial streets and
37 roads under section 1 of this chapter.
38 (11) Accept gifts, devises, bequests, grants, loans, appropriations,
39 revenue sharing, other financing and assistance, and any other aid
40 from any source and agree to and comply with conditions attached
41 to the aid.
42 (12) Accept transfer of a state highway to the authority under
HB 1100—LS 6770/DI 125 34
1 IC 8-23-7-23 and pay the cost of conversion of the state highway
2 to a toll road project.
3 (13) Enter into contracts or leases with the department under
4 IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
5 or leases agree with the department for coordination of the
6 operation and the repair and maintenance of toll road projects and
7 tollways which are contiguous parts of the same public road,
8 including joint toll collection facilities and equitable division of
9 tolls.
10 (14) Enter into public-private agreements under IC 8-15.5 and do
11 all acts and things necessary or proper to carry out the purposes
12 set forth in IC 8-15.5.
13 (15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
14 related to a toll road project to accommodate the provisions of a
15 public-private agreement under IC 8-15.5. Except as provided in
16 IC 4-22-2-37.1, a rule adopted under this subdivision expires on
17 the expiration date stated in the rule.
18 (16) Do all acts and things necessary or proper to carry out this
19 chapter.
20 SECTION 35. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
23 (1) Fix, revise, charge, and collect tolls for the use of each toll
24 road project by any person, partnership, association, limited
25 liability company, or corporation desiring the use of any part
26 thereof, including the right-of-way adjoining the paved portion
27 and for placing thereon telephone, telegraph, electric light, or
28 power lines.
29 (2) Fix the terms, conditions, and rates of charge for such use,
30 including assessments for the failure to pay required tolls, subject,
31 however, to the state's police power.
32 (3) Collect tolls, user fees, or other charges through manual or
33 nonmanual methods, including, but not limited to, automatic
34 vehicle identification systems, electronic toll collection systems,
35 and, to the extent permitted by law, including rules adopted by the
36 authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
37 chapter, global positioning systems and photo or video based toll
38 collection or toll collection enforcement systems.
39 (4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
40 establishing procedures for the implementation of the collection
41 of user fees by electronic or other nonmanual means under
42 subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
HB 1100—LS 6770/DI 125 35
1 adopted under this subdivision expires on the expiration date
2 stated by the authority in the rule.
3 (b) Notwithstanding subsection (a), no toll or charge shall be made
4 by the authority under this section or under a public-private agreement
5 entered into under IC 8-15.5 for:
6 (1) the operation of temporary lodging facilities located upon or
7 adjacent to any project, nor may the authority itself operate or
8 gratuitously permit the operation of such temporary lodging
9 facilities by other persons without any toll or charge; or
10 (2) placing in, on, along, over, or under such project, such
11 telephone, telegraph, electric light or power lines, equipment, or
12 facilities as may be necessary to serve establishments located on
13 the project or as may be necessary to interconnect any public
14 utility facilities on one (1) side of the toll road project with those
15 on the other side.
16 (c) All contracts executed by the authority shall be preserved in the
17 principal office of the authority.
18 (d) In the case of a toll road project that is not leased to the
19 department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
20 each toll road project so that the aggregate of the tolls from the project,
21 together with other revenues that are available to the authority without
22 prior restriction or encumbrance, will at least be adequate to pay:
23 (1) the cost of operating, maintaining, and repairing the toll road
24 project, including major repairs, replacements, and
25 improvements;
26 (2) the principal of and the interest on bonds issued in connection
27 with the toll road project, as the principal and interest becomes
28 due and payable, including any reserve or sinking fund required
29 for the project; and
30 (3) the payment of principal of and interest on toll road bonds
31 issued by the authority in connection with any other toll road
32 project, including any reserve or sinking fund required for the
33 project, but only to the extent that the authority provides by
34 resolution and subject to the provisions of any trust agreement
35 relating to the project.
36 (e) Not less than one (1) year before the date that final payment of
37 all such bonds, interest, and reimbursement is expected by the
38 chairman of the authority to be completed, the chairman shall notify the
39 state budget committee in writing of the expected date of final
40 payment.
41 (f) Such tolls shall not be subject to supervision or regulation by any
42 other commission, board, bureau, or agency of the state.
HB 1100—LS 6770/DI 125 36
1 (g) The tolls, rents, and all other revenues derived by the authority
2 from the toll road project, except those received in accordance with a
3 public-private agreement under IC 8-15.5, shall be used as follows:
4 (1) To pay the cost of operating, maintaining, and repairing the
5 toll road project, including major repairs, replacements, and
6 improvements, to the extent that those costs are not paid out of
7 other funds.
8 (2) To the extent provided for in the resolution authorizing the
9 issuance of bonds under this chapter or in the trust agreement
10 securing the bonds, to pay:
11 (A) the principal of and interest on any bonds as the principal
12 and interest become due; or
13 (B) the redemption price or purchase price of the bonds retired
14 by call or purchase.
15 (3) Except as prohibited by the resolution authorizing the issuance
16 of bonds under this chapter or the trust agreement securing them,
17 for any purpose relating to any toll road project, including the
18 subject toll road project, as the authority provides by resolution.
19 (h) Neither the resolution nor any trust agreement by which a pledge
20 is created needs to be filed or recorded except in the records of the
21 authority.
22 (i) The use and disposition of moneys to the credit of any sinking
23 fund shall be subject to the provisions of any resolution or resolutions
24 authorizing the issuance of any bonds or of any trust agreement. Except
25 as may otherwise be provided in this chapter or in any resolution or any
26 trust agreement, any sinking fund shall be a fund for all bonds without
27 distinction or priority of one over another, subject, however, to such
28 priorities as may arise from prior pledges.
29 (j) In the case of a toll road project that is leased to the department
30 under IC 8-9.5-8-8, the lease must require that the department fix tolls
31 for the toll road project that comply with IC 8-9.5-8-8(c)(6).
32 (k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
33 that is subject to a public-private agreement under IC 8-15.5 shall be
34 set in accordance with IC 8-15.5-7.
35 SECTION 36. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
36 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
38 adopt rules:
39 (1) Establishing weight and size limitations for vehicles using a
40 toll road project, subject to the following:
41 (A) The operator of any vehicle exceeding any of the
42 maximum allowable dimensions or weights as set out by the
HB 1100—LS 6770/DI 125 37
1 authority in rules and regulations shall apply to the authority
2 in writing, for an application for a special hauling permit,
3 which application must be in compliance with all the terms
4 thereof, and which application must be received at least seven
5 (7) days prior to the time of permitted entry should such permit
6 be granted. Such permit, if granted, will be returned to the
7 applicant in duplicate, properly completed and numbered, and
8 the driver of the vehicle shall have a copy to present to the toll
9 attendant on duty at the point of entry.
10 (B) The authority shall assess a fee for issuing a special
11 hauling permit. In assessing the fee, the authority shall take
12 into consideration the following factors:
13 (i) The administrative cost of issuing the permit.
14 (ii) The potential damage the vehicle represents to the
15 project.
16 (iii) The potential safety hazard the vehicle represents.
17 (2) Establishing the minimum speed that a motor vehicle may be
18 driven on the interstate defense network of dual highways.
19 (3) Designating one-way traffic lanes on a toll road project.
20 (4) Determining the manner of operation of motor vehicles
21 entering and leaving traffic lanes on a toll road project.
22 (5) Determining the regulation of U-turns, of crossing or entering
23 medians, of stopping, parking, or standing, and of passing motor
24 vehicles on a toll road project.
25 (6) Determining the establishment and enforcement of traffic
26 control signs and signals for motor vehicles in traffic lanes,
27 acceleration and deceleration lanes, toll plazas, and interchanges
28 on a toll road project.
29 (7) Determining the limitation of entry to and exit from a toll road
30 project to designated entrances and exits.
31 (8) Determining the limitation on use of a toll road project by
32 pedestrians and aircraft and by vehicles of a type specified in such
33 rules and regulations.
34 (9) Regulating commercial activity on a toll road project,
35 including but not limited to:
36 (A) the offering or display of goods or services for sale;
37 (B) the posting, distributing, or displaying of signs,
38 advertisements, or other printed or written material; and
39 (C) the operation of a mobile or stationary public address
40 system.
41 (10) Establishing enforcement procedures and making
42 assessments for the failure to pay required tolls. The authority
HB 1100—LS 6770/DI 125 38
1 may adopt rules under this subdivision under IC 4-22-2-37.1.
2 Except as provided in IC 4-22-2-37.1, a rule under this
3 subdivision adopted under IC 4-22-2-37.1 expires on the
4 expiration date stated in the rule.
5 (b) A person who violates a rule adopted under this section commits
6 a Class C infraction. However, a violation of a weight limitation
7 established by the authority under this section is:
8 (1) a Class B infraction if the total of all excesses of weight under
9 those limitations is more than five thousand (5,000) pounds but
10 not more than ten thousand (10,000) pounds; and
11 (2) a Class A infraction if the total of all excesses of weight under
12 those limitations is more than ten thousand (10,000) pounds.
13 (c) It is a defense to the charge of violating a weight limitation
14 established by the authority under this section that the total of all
15 excesses of weight under those limitations is less than one thousand
16 (1,000) pounds.
17 (d) The court may suspend the registration of a vehicle that violated:
18 (1) a size or weight limitation established by the authority under
19 this section; or
20 (2) a rule adopted under subsection (a)(10);
21 for a period of not more than ninety (90) days.
22 (e) Upon the conviction of a person for a violation of a weight or
23 size limitation established by the authority under this section, the court
24 may recommend suspension of the person's current chauffeur's license
25 only if the violation was committed knowingly.
26 SECTION 37. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
27 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
29 chapter by rule under IC 4-22-2-37.1. Except as provided in
30 IC 4-22-2-37.1, a rule adopted under this subsection expires on the
31 expiration date stated in the rule.
32 (b) Any action to contest the validity of user fees fixed under this
33 chapter may not be brought after the fifteenth day following the
34 effective date of a rule fixing the user fees adopted under subsection
35 (a).
36 SECTION 38. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
39 throughout this section:
40 (1) "Communications infrastructure" includes all facilities and
41 equipment used to provide communications service (as defined in
42 IC 8-1-32.5-3), including fiber conduit. The term does not include
HB 1100—LS 6770/DI 125 39
1 a vertical structure.
2 (2) "Dig once program" refers to the dig once broadband corridor
3 program required under subsection (b).
4 (3) "Fiber conduit" means protective conduit of a size and
5 material that is suitable for underground installation of broadband
6 fiber infrastructure.
7 (4) "Limited access highway" means any roadway that is under
8 the jurisdiction and control of the department and that is one (1)
9 of the following:
10 (A) An interstate.
11 (B) A toll road, tollway, or toll bridge.
12 (C) U.S. 30.
13 (D) U.S. 31.
14 (5) "Vertical structure" means a privately owned structure that is
15 more than one hundred (100) feet above ground and that is used
16 primarily for providing wireless communications service. The
17 term includes related equipment associated with the structure,
18 including air conditioned equipment shelters and rooms,
19 electronic equipment, and supporting equipment.
20 (b) Not later than January 1, 2022, the department shall:
21 (1) implement a dig once broadband corridor program to manage
22 the location, installation, and maintenance of communications
23 infrastructure that is used for the provision of broadband services
24 and is located within highway rights-of-way of limited access
25 highways; and
26 (2) adopt policies, procedures, and standards under the dig once
27 program for required installation of fiber conduit by a public or
28 private entity that performs an excavation within a limited access
29 highway right-of-way.
30 (c) The dig once program shall apply only to locations along or
31 within a limited access highway right-of-way. The dig once program
32 shall not apply to the placement of communications infrastructure that
33 laterally crosses a roadway under the control of the department.
34 (d) Except as provided in subsection (e), the department shall
35 impose a fee for the use of communications infrastructure installed and
36 maintained under subsection (b). The amount of the fee may not be
37 more than the reasonable fair market value of the use of the highway
38 right-of-way within the broadband corridor.
39 (e) Except for portions of a U.S. route that is a limited access
40 highway under subsection (a)(4), with respect to state routes or U.S.
41 routes, the department may impose only:
42 (1) a one (1) time permit application fee for the location or
HB 1100—LS 6770/DI 125 40
1 installation of communications infrastructure that is used for the
2 provision of broadband services and is placed along or within a
3 highway right-of-way; and
4 (2) routine right-of-way permit fees to enter the department's
5 rights-of-way for the maintenance of existing facilities.
6 (f) The department shall not unreasonably discriminate with respect
7 to the following among entities requesting access to broadband
8 corridors or other department controlled rights-of-way:
9 (1) Approving applications, issuing permits, or otherwise
10 establishing terms and conditions for the location, installation,
11 and maintenance of communications infrastructure used for the
12 provision of broadband services.
13 (2) Providing access to rights-of-way, infrastructure, utility poles,
14 river and bridge crossings, and other physical assets owned,
15 controlled, or managed by the department.
16 (3) The type of technology deployed for the provision of
17 broadband services.
18 However, nothing in this subsection abrogates or limits the
19 department's authority under IC 8-23 this article to safely and
20 efficiently manage and operate the state highway system and associated
21 highway rights-of-way for the benefit of the traveling public.
22 (g) The department shall adopt rules under IC 4-22-2, including
23 emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
24 establish the policies, procedures, and standards required under
25 subsection (b) and to otherwise implement this section. Rules or
26 emergency rules adopted by the department under this subsection must
27 take effect not later than January 1, 2022. Notwithstanding
28 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
29 emergency rule adopted by the department under this subsection in the
30 manner provided by IC 4-22-2-37.1 expires on the date a rule that
31 supersedes the emergency rule is adopted by the department under
32 IC 4-22-2-24 through IC 4-22-2-36.
33 SECTION 39. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
36 provider" means a person able to provide electronic lien or electronic
37 title services in coordination with vehicle lienholders and state
38 departments of motor vehicles.
39 (b) As used in this section, "qualified vendor" refers to a person with
40 whom the bureau contracts to:
41 (1) develop;
42 (2) implement; and
HB 1100—LS 6770/DI 125 41
1 (3) provide ongoing support with respect to;
2 a statewide electronic lien and title system under this section.
3 (c) As used in this section, "statewide electronic lien and title
4 system" or "system" means a statewide electronic lien and title system
5 implemented by the bureau under this section to process:
6 (1) vehicle titles;
7 (2) certificate of title data in which a lien is notated; and
8 (3) the notification, maintenance, and release of security interests
9 in vehicles;
10 through electronic means instead of paper documents.
11 (d) Not later than the dates set forth in subsection (h), the bureau
12 shall implement a statewide electronic lien and title system for the
13 following purposes:
14 (1) To facilitate and promote commerce and governmental
15 transactions by validating and authorizing the use of electronic
16 records.
17 (2) To modernize the law and eliminate barriers to electronic
18 commerce and governmental transactions resulting from
19 uncertainties related to handwritten and other written materials.
20 (3) To promote uniformity of the law among the states relating to
21 the use of electronic and similar technological means of effecting
22 and performing commercial and governmental transactions.
23 (4) To promote public confidence in the validity, integrity, and
24 reliability of electronic commerce and governmental transactions.
25 (5) To promote the development of the legal and business
26 infrastructure necessary to implement electronic commerce and
27 governmental transactions.
28 (e) The bureau may:
29 (1) contract with one (1) or more qualified vendors to develop and
30 implement a statewide electronic lien and title system; or
31 (2) develop and make available to qualified service providers a
32 well defined set of information services that will enable secure
33 access to the data and internal application components necessary
34 to facilitate the creation of a statewide electronic lien and title
35 system.
36 (f) If the bureau elects under subsection (e)(1) to contract with one
37 (1) or more qualified vendors to develop and implement a statewide
38 electronic lien and title system, the following apply:
39 (1) The bureau shall issue a competitive request for proposals to
40 assess the qualifications of any vendor seeking to develop,
41 implement, and provide ongoing support for the system. The
42 bureau may reserve the right to receive input concerning
HB 1100—LS 6770/DI 125 42
1 specifications for the establishment and operation of the system
2 from parties that do not respond to the bureau's request for
3 proposals.
4 (2) A contract entered into between the bureau and a qualified
5 vendor may not provide for any costs or charges payable by the
6 bureau to the qualified vendor. The qualified vendor shall
7 reimburse the bureau for any reasonable and documented costs
8 incurred by the bureau and directly associated with the
9 development, implementation, or ongoing support of the system.
10 (3) Upon implementing a statewide electronic lien and title
11 system under this section, the qualified vendor may charge
12 participating lienholders or their agents a fee for each lien
13 notification transaction provided through the system, in order to
14 recover the qualified vendor's costs associated with the
15 development, implementation, and ongoing administration of the
16 system. A lien notification fee under this subdivision must be
17 consistent with market pricing and may not exceed three dollars
18 and fifty cents ($3.50). The qualified vendor may not charge
19 lienholders or their agents any additional fee for lien releases,
20 assignments, or transfers. The qualified vendor may not charge a
21 fee under this subdivision to a state agency or its agents for lien
22 notification, lien release, lien assignment, or lien transfer. To
23 recover their costs associated with the lien, participating
24 lienholders or their agents may charge:
25 (A) the borrower in a vehicle loan; or
26 (B) the lessee in a vehicle lease;
27 an amount equal to any lien notification fee imposed by the
28 qualified vendor under this subdivision, plus a fee in an amount
29 not to exceed three dollars ($3) for each electronic transaction in
30 which a lien is notated.
31 (4) A qualified vendor may also serve as a qualified service
32 provider to motor vehicle lienholders if the following conditions
33 are met:
34 (A) The contract between the bureau and the qualified vendor
35 must include provisions specifically prohibiting the qualified
36 vendor from using information concerning vehicle titles for
37 any commercial, marketing, business, or other purpose not
38 specifically contemplated by this chapter.
39 (B) The contract between the bureau and the qualified vendor
40 must include an acknowledgment by the qualified vendor that
41 the qualified vendor is required to enter into agreements to
42 exchange electronic lien data with any:
HB 1100—LS 6770/DI 125 43
1 (i) qualified service providers that offer electronic lien or
2 title services in Indiana and that have been approved by the
3 bureau for participation in the system; and
4 (ii) qualified service providers that are not qualified vendors.
5 (C) The bureau must periodically monitor the fees charged by
6 a qualified vendor that also:
7 (i) serves as a qualified service provider to lienholders; or
8 (ii) provides services as a qualified vendor to other qualified
9 service providers;
10 to ensure that the qualified vendor is not engaging in predatory
11 pricing.
12 (g) If the bureau elects under subsection (e)(2) to develop an
13 interface to provide qualified service providers secure access to data to
14 facilitate the creation of a statewide electronic lien and title system, the
15 following apply:
16 (1) The bureau shall establish:
17 (A) the total cost to develop the statewide electronic lien and
18 title system by July 1, 2021;
19 (B) qualifications for third party service providers offering
20 electronic lien services; and
21 (C) a qualification process to:
22 (i) evaluate electronic lien and title system technologies
23 developed by third party service providers; and
24 (ii) determine whether such technologies comply with
25 defined security and platform standards.
26 (2) Not later than February 1, 2022, the bureau shall publish on
27 the bureau's Internet web site the qualifications established by the
28 bureau under subdivision (1). A third party service provider that
29 seeks to become qualified by the bureau under this subsection
30 must demonstrate the service provider's qualifications, in the form
31 and manner specified by the bureau, not later than thirty (30) days
32 after the date of the bureau's publication under this subdivision.
33 After the elapse of the thirty (30) day period during which third
34 party service providers may respond to the bureau's publication
35 under this subdivision, the bureau shall notify each responding
36 third party service provider as to whether the third party service
37 provider has met the qualifications established by the bureau
38 under subdivision (1) and is approved to participate in the
39 statewide electronic lien and title system.
40 (3) Not later than thirty (30) days after receiving a notice of
41 approval from the bureau under subdivision (2), each qualified
42 service provider shall remit to the bureau a payment in an amount
HB 1100—LS 6770/DI 125 44
1 equal to the total development costs of the system divided by the
2 total number of qualified service providers participating in the
3 system.
4 (4) If a third party service provider that did not:
5 (A) submit proof of its qualifications under subdivision (2); or
6 (B) pay initial development costs under subdivision (3);
7 later wishes to participate in the system, the third party service
8 provider may apply to the bureau to participate in the system. The
9 bureau shall allow the third party service provider to participate
10 in the system if the third party service provider meets the
11 qualifications established by the bureau under subdivision (1) and
12 pays to the department the third party service provider's
13 proportional share of the system development costs.
14 (5) Each qualified service provider shall remit to the bureau, on
15 a date prescribed by the bureau, an annual fee established by the
16 bureau and not to exceed three thousand dollars ($3,000), to be
17 used for the operation and maintenance of the system.
18 (6) A contract entered into between the bureau and a qualified
19 service provider may not provide for any costs or charges payable
20 by the bureau to the qualified service provider.
21 (7) Upon the implementation of a statewide electronic lien and
22 title system under this section, a qualified service provider may
23 charge participating lienholders or their agents transaction fees
24 consistent with market pricing. A fee under this subdivision may
25 not be charged to a state agency or its agents for lien notification,
26 lien release, lien assignment, or lien transfer.
27 (8) The contract between the bureau and a qualified service
28 provider must include provisions specifically prohibiting the
29 qualified service provider from using information concerning
30 vehicle titles for any commercial, marketing, business, or other
31 purpose not specifically contemplated by this chapter.
32 (h) Subject to subsection (i), the bureau shall implement, and allow
33 or require the use of, a statewide electronic lien and title system under
34 this section as follows:
35 (1) A statewide electronic lien system that is capable of
36 processing:
37 (A) certificate of title data in which a lien is notated; and
38 (B) the notification, maintenance, and release of security
39 interests in vehicles;
40 through electronic means must be made available for voluntary
41 use by vehicle lienholders not later than February 1, 2022.
42 (2) Subject to subsection (j)(5), the bureau shall require that the
HB 1100—LS 6770/DI 125 45
1 statewide electronic lien system made available under subdivision
2 (1) be used for processing:
3 (A) certificate of title data in which a lien is notated; and
4 (B) the notification, maintenance, and release of security
5 interests in vehicles;
6 after June 30, 2022.
7 (3) A statewide electronic title system capable of processing
8 vehicle titles through electronic means must be made available for
9 voluntary use by vehicle dealers, lienholders, and owners not later
10 than July 1, 2022.
11 (4) The bureau shall require that the statewide electronic title
12 system made available under subdivision (3) be used for
13 processing vehicle titles after June 30, 2023.
14 (i) Subsection (h) does not prohibit the bureau or any:
15 (1) qualified vendor with whom the bureau contracts under
16 subsection (f); or
17 (2) qualified service provider with whom the bureau contracts
18 under subsection (g);
19 from implementing, making available, or requiring the use of a
20 statewide electronic lien system described in subsection (h)(1) at the
21 same time as, or in conjunction with, a statewide electronic title system
22 described in subsection (h)(3), or from implementing, making
23 available, or requiring the use of a statewide electronic lien system
24 described in subsection (h)(1) or a statewide electronic title system
25 described in subsection (h)(3) before the applicable dates otherwise set
26 forth in subsection (h).
27 (j) The following apply to the use of a statewide electronic lien
28 system described in subsection (h)(1):
29 (1) Notwithstanding section 5(b) of this chapter, if there are one
30 (1) or more liens or encumbrances on a motor vehicle, the bureau
31 may electronically transmit the lien to the first lienholder and
32 notify the first lienholder of any additional liens. Subsequent lien
33 satisfactions may be electronically transmitted to the bureau and
34 must include the name and address of the person satisfying the
35 lien.
36 (2) Whenever the electronic transmission of lien notifications and
37 lien satisfactions is used, a certificate of title need not be issued
38 until the last lien is satisfied and a clear certificate of title can be
39 issued to the owner of the motor vehicle. The bureau may print or
40 issue electronically the clear certificate of title to the owner or
41 subsequent assignee of the motor vehicle.
42 (3) If a motor vehicle is subject to an electronic lien, the
HB 1100—LS 6770/DI 125 46
1 certificate of title for the motor vehicle is considered to be
2 physically held by the lienholder for purposes of compliance with
3 state or federal odometer disclosure requirements.
4 (4) A certified copy of the bureau's electronic record of a lien is
5 admissible in any civil, criminal, or administrative proceeding in
6 Indiana as evidence of the existence of the lien. If a certificate of
7 title is maintained electronically in a statewide electronic title
8 system described in subsection (h)(3), a certified copy of the
9 bureau's electronic record of the certificate of title is admissible
10 in any civil, criminal, or administrative proceeding in Indiana as
11 evidence of the existence and contents of the certificate of title.
12 (5) All individuals and lienholders who conduct at least twelve
13 (12) lien transactions annually must use the statewide electronic
14 lien and title system implemented under this section to record
15 information concerning the perfection and release of a security
16 interest in a vehicle.
17 (6) An electronic notice or release of a lien made through the
18 statewide electronic lien and title system implemented under this
19 section has the same force and effect as a notice or release of a
20 lien made on a paper document.
21 (7) The bureau may convert an existing paper lien to an electronic
22 lien upon request of the primary lienholder. The bureau, or a third
23 party contracting with the bureau under this section, is authorized
24 to collect a fee not to exceed three dollars ($3) for each
25 conversion performed under this subdivision. A fee under this
26 subdivision may not be charged to a state agency or its agents.
27 (8) Notwithstanding section 5 of this chapter, any requirement
28 that a security interest or other information appear on a certificate
29 of title is satisfied by the inclusion of that information in an
30 electronic file maintained in an electronic title system.
31 (k) Nothing in this section precludes the bureau from collecting a
32 title fee for the preparation and issuance of a title.
33 (l) The bureau may adopt rules under IC 4-22-2 to implement this
34 section, including emergency rules in the manner provided by
35 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
36 provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
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 bureau under IC 4-22-2-24 through IC 4-22-2-36.
40 SECTION 40. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
41 SECTION 338, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
HB 1100—LS 6770/DI 125 47
1 transportation shall adopt emergency rules in the manner provided
2 under IC 4-22-2-37.1 for the:
3 (1) issuance, fee structure, and enforcement of permits for
4 overweight divisible loads;
5 (2) fee structure of permits for loads on extra heavy duty
6 highways; and
7 (3) fee structure of permits for overweight loads.
8 Except as provided in IC 4-22-2-37.1, a rule adopted under this
9 section expires only with the adoption of a new superseding rule.
10 SECTION 41. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
13 P.L.1-2000, the director of the department of toxicology of the Indiana
14 University School of Medicine may adopt a rule required under section
15 5 of this chapter, section 6 of this chapter, or both in the manner
16 provided for emergency rules under IC 4-22-2-37.1.
17 (b) A rule adopted under this section is effective when it is filed
18 with the secretary of state and, except as provided in IC 4-22-2-37.1,
19 expires on the latest of the following:
20 (1) The date that the director adopts another emergency rule
21 under this section to amend, repeal, or otherwise supersede the
22 previously adopted emergency rule.
23 (2) The date that the director adopts a permanent rule under
24 IC 4-22-2 to amend, repeal, or otherwise supersede the previously
25 adopted emergency rule.
26 (3) July 1, 2001.
27 (c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
28 repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
29 under this section shall be treated as a requirement under section 5 of
30 this chapter, section 6 of this chapter, or both as appropriate.
31 SECTION 42. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
34 under IC 4-22-2 necessary to implement this chapter.
35 (b) The office of the secretary may adopt emergency rules under
36 IC 4-22-2-37.1 to implement this chapter on an emergency basis.
37 (c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
38 amendment to an emergency rule adopted under this section expires not
39 later than one (1) year after the rule is accepted for filing under
40 IC 4-22-2-37.1(e).
41 SECTION 43. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1100—LS 6770/DI 125 48
1 JULY 1, 2022]: Sec. 1. (a) The board may:
2 (1) adopt;
3 (2) repeal;
4 (3) rescind; or
5 (4) amend;
6 rules and standards by proceeding in the manner prescribed in
7 IC 4-22-2 and IC 13-14-9.
8 (b) The board may adopt an emergency rule under IC 4-22-2-37.1
9 to comply with a deadline required by or other date provided by federal
10 law if:
11 (1) the variance procedures are included in the rule; and
12 (2) permits or licenses granted during the period the emergency
13 rule is in effect are reviewed after the emergency rule expires.
14 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
15 under this subsection may be extended for two (2) extension periods by
16 adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
17 not apply to an emergency rule adopted under this subsection.
18 SECTION 44. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
21 Indiana Register of the second public comment period required by
22 section 2 of this chapter. A notice provided under this section must do
23 the following:
24 (1) Contain the full text of the proposed rule, to the extent
25 required under IC 4-22-2-24(c).
26 (2) Contain a summary of the response of the department to
27 written comments submitted under section 3 of this chapter
28 during the first public comment period.
29 (3) Request the submission of comments, including suggestions
30 of specific amendments to the language contained in the proposed
31 rule.
32 (4) Contain the full text of the commissioner's written findings
33 under section 7 of this chapter, if applicable.
34 (5) Identify each element of the proposed rule that imposes a
35 restriction or requirement on persons to whom the proposed rule
36 applies that:
37 (A) is more stringent than a restriction or requirement imposed
38 under federal law; or
39 (B) applies in a subject area in which federal law does not
40 impose a restriction or requirement.
41 (6) With respect to each element identified under subdivision (5),
42 identify:
HB 1100—LS 6770/DI 125 49
1 (A) the environmental circumstance or hazard that dictates the
2 imposition of the proposed restriction or requirement to
3 protect human health and the environment;
4 (B) examples in which federal law is inadequate to provide the
5 protection referred to in clause (A); and
6 (C) the:
7 (i) estimated fiscal impact; and
8 (ii) expected benefits;
9 based on the extent to which the proposed rule is more
10 stringent than the restrictions or requirements of federal law,
11 or on the creation of restrictions or requirements in a subject
12 area in which federal law does not impose restrictions or
13 requirements.
14 (7) For any element of the proposed rule that imposes a restriction
15 or requirement that is more stringent than a restriction or
16 requirement imposed under federal law or that applies in a subject
17 area in which federal law does not impose restrictions or
18 requirements, describe the availability for public inspection of all
19 materials relied upon by the department in the development of the
20 proposed rule, including, if applicable:
21 (A) health criteria;
22 (B) analytical methods;
23 (C) treatment technology;
24 (D) economic impact data;
25 (E) environmental assessment data;
26 (F) analyses of methods to effectively implement the proposed
27 rule; and
28 (G) other background data.
29 (8) Identify whether the proposed rule imposes a penalty, fine,
30 or other similar negative impact on a person or business, and
31 if so, contain a written description of the penalty, fine, or
32 other similar negative impact, and why the penalty, fine, or
33 other similar negative impact is considered necessary.
34 (b) The notice required under subsection (a):
35 (1) shall be published electronically in the Indiana Register under
36 procedures established by the publisher; and
37 (2) if any element of the proposed rule to which the notice relates
38 imposes a restriction or requirement that is more stringent than a
39 restriction or requirement imposed under federal law, shall be
40 submitted in an electronic format under IC 5-14-6 to the executive
41 director of the legislative services agency, who shall present the
42 notice to the legislative council established by IC 2-5-1.1-1; and
HB 1100—LS 6770/DI 125 50
1 (3) if the proposed rule imposes a penalty, fine, or other
2 similar negative impact on a person or business as described
3 in subsection (a)(8), shall be submitted by the publisher, in an
4 electronic format under IC 5-14-6, to each member of the
5 standing committee or standing committees that have subject
6 matter jurisdiction most closely relating to the subject matter
7 of the rule.
8 (c) If the notice provided by the department concerning a proposed
9 rule identifies, under subsection (a)(5), an element of the proposed rule
10 that imposes a restriction or requirement more stringent than a
11 restriction or requirement imposed under federal law, the proposed rule
12 shall not become effective under this chapter until the adjournment sine
13 die of the regular session of the general assembly that begins after the
14 department provides the notice.
15 (d) Subsections (b)(2) and (c) do not prohibit or restrict the
16 commissioner, the department, or the board from:
17 (1) adopting emergency rules under IC 4-22-2-37.1;
18 (2) taking emergency action under IC 13-14-10; or
19 (3) temporarily:
20 (A) altering ordinary operating policies or procedures; or
21 (B) implementing new policies or procedures;
22 in response to an emergency situation.
23 SECTION 45. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
24 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
25 applies to the following:
26 (1) A rule that is required to receive or maintain:
27 (A) delegation;
28 (B) primacy; or
29 (C) approval;
30 for state implementation or operation of a program established
31 under federal law.
32 (2) A rule that is required to begin or continue receiving federal
33 funding for the implementation or operation of a program.
34 (b) A rule described in subsection (a) does not expire under this
35 chapter.
36 (c) In the seventh fourth year after the effective date of a rule or an
37 amendment to a rule described in subsection (a), the department shall
38 publish a notice in the Indiana Register. The notice may contain a list
39 of several rules that have been effective for seven (7) four (4) years. A
40 separate notice must be published for each board with rulemaking
41 authority. A notice under this subsection must provide for the
42 following:
HB 1100—LS 6770/DI 125 51
1 (1) A written comment period of at least thirty (30) days.
2 (2) A request for comments on specific rules that should be
3 reviewed through the regular rulemaking process under
4 IC 13-14-9.
5 (3) A notice of public hearing before the appropriate board.
6 (4) The information required to be identified or described under
7 IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
8 IC 13-14-9-4(a)(8) in the same manner that would apply if the
9 proposed renewal of the expired rule were a proposal to adopt a
10 new rule.
11 (d) The department shall:
12 (1) prepare responses to all comments received during the
13 comment period; and
14 (2) provide all comments and responses to the board during the
15 public board hearing;
16 described in subsection (c).
17 (e) The board, after considering the written comments and
18 responses, as well as testimony at the public hearing described in
19 subsection (c), shall direct the department on whether additional
20 rulemaking actions must be initiated to address concerns raised to the
21 board.
22 (f) For the rules described in subsection (a) that are effective on or
23 before:
24 (1) July 1, 2001, the notice described in subsection (c) shall be
25 published in the Indiana Register before December 31, 2008; or
26 (2) July 1, 2022, the notice described in subsection (c) shall be
27 published in the Indiana Register not later than June 30, 2026.
28 SECTION 46. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
31 section 1.1 of this chapter, an administrative rule adopted under
32 IC 13-14-9 expires January 1 of the seventh year after the year in which
33 the rule takes effect, unless the rule contains an earlier expiration date.
34 The expiration date of a rule under this section is extended each time
35 that a rule amending an unexpired rule takes effect. The rule, as
36 amended, expires on January 1 of the seventh year after the year in
37 which the amendment takes effect.
38 (b) An administrative rule that:
39 (1) was adopted under a provision of IC 13 that has been repealed
40 by a recodification of IC 13;
41 (2) is in force on December 31, 1995; and
42 (3) is not amended by a rule that takes effect after December 31,
HB 1100—LS 6770/DI 125 52
1 1995, and before January 1, 2002;
2 expires not later than January 1, 2002.
3 (c) The determination of whether an administrative rule expires
4 under this chapter shall be applied at the level of an Indiana
5 Administrative Code section.
6 SECTION 47. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
9 subsection (b) or section 1.1 of this chapter, an administrative rule
10 adopted under IC 13-14-9 expires July 1 of the fourth year after
11 the year in which the rule takes effect, unless the rule contains an
12 earlier expiration date. The expiration date of a rule under this
13 section is extended each time that a rule amending an unexpired
14 rule takes effect. The rule, as amended, expires on July 1 of the
15 fourth year after the year in which the amendment takes effect.
16 (b) This subsection applies to an administrative rule that:
17 (1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
18 under IC 4-22-2.5 or this chapter after December 31, 2015,
19 and before January 1, 2020; and
20 (2) is in force on June 30, 2022.
21 The expiration date of a rule described in this subsection is
22 extended under this subsection if the agency intends to readopt the
23 rule. The rule expires on July 1, 2024.
24 SECTION 48. IC 13-14-9.5-3 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
26 or a board that has rulemaking authority under this title may adopt a
27 rule under IC 13-14-9 in anticipation of a rule's expiration under this
28 chapter.
29 (b) Except as provided in section 5 of this chapter, the department
30 or a board that has rulemaking authority under this title may not use
31 emergency rule procedures to readopt a rule that is subject to expiration
32 under this chapter.
33 (c) This subsection applies to a rule that expires under this
34 chapter after June 30, 2024. Subject to subsection (f), before the
35 department or a board that has rulemaking authority under this
36 title may readopt a rule under this section, and not later than
37 January 1 of the third year after the year in which the rule most
38 recently took effect, the department or board shall provide notice
39 of the pending readoption of the rule to the publisher. At the same
40 time the agency provides notice of the pending readoption of the
41 rule, the agency shall submit:
42 (1) a copy of the rule;
HB 1100—LS 6770/DI 125 53
1 (2) any economic impact statement prepared concerning the
2 rule; and
3 (3) if the rule imposes a penalty, fine, or other similar negative
4 impact on a person or business, a written description of the
5 penalty, fine, or other similar negative impact, and why the
6 penalty, fine, or other similar negative impact is considered
7 necessary.
8 (d) The publisher shall provide a copy of any materials
9 submitted under subsection (c) in an electronic format under
10 IC 5-14-6 to each member of the standing committee or standing
11 committees that have subject matter jurisdiction most closely
12 relating to the subject matter of the rule.
13 (e) The publisher shall publish the materials submitted under
14 subsection (c) in the Indiana Register.
15 (f) If the department or a board that has rulemaking authority
16 under this title intends to readopt a rule described in section 2.1(b)
17 of this chapter, the department or board shall submit the materials
18 under subsection (c) not later than January 1, 2023.
19 SECTION 49. IC 13-14-9.5-5 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
21 readopted and the governor finds that the failure to readopt the rule
22 causes an emergency to exist, the governor may, by executive order
23 issued before the rule's expiration date, postpone the expiration date of
24 the rule until a date that is one (1) year after the date specified in
25 section 2 2.1 of this chapter.
26 SECTION 50. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
27 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
29 that changes a period described under section 1 of this chapter within
30 which the commissioner must approve or deny an application:
31 (1) if:
32 (A) the general assembly enacts a statute;
33 (B) a board adopts a rule; or
34 (C) the federal government enacts a statute or adopts a
35 regulation;
36 that imposes a new requirement concerning a class of applications
37 that makes it infeasible for the commissioner to approve or deny
38 the application within the period;
39 (2) if:
40 (A) the general assembly enacts a statute;
41 (B) a board adopts a rule; or
42 (C) the federal government enacts a statute or adopts a
HB 1100—LS 6770/DI 125 54
1 regulation;
2 that establishes a new permit program for which a period is not
3 described under section 1 of this chapter; or
4 (3) if some other significant factor concerning a class of
5 applications makes it infeasible for the commissioner to approve
6 or deny the application within the period.
7 (b) A board may adopt a rule described in subsection (a) as an
8 emergency rule under IC 4-22-2-37.1, if:
9 (1) the variance procedures are included in the rule; and
10 (2) permits or licenses granted during the period the emergency
11 rule is in effect are reviewed after the emergency rule expires.
12 If a board adopts an emergency rule under this subsection, the period
13 described in section 1 of this chapter is suspended during the
14 emergency rulemaking process. Except as provided in
15 IC 4-22-2-37.1, an emergency rule adopted under this subsection may
16 be extended for two (2) extension periods by adopting another
17 emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
18 apply to an emergency rule adopted under this subsection.
19 SECTION 51. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
20 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 24. The commission may implement a
22 certification program for emergency services personnel regulated by
23 the commission through emergency rules adopted under
24 IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
25 rule adopted under this section expires on the later of the following:
26 (1) July 1, 2014.
27 (2) The date permanent rules are adopted to replace the
28 emergency rules.
29 SECTION 52. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
30 SECTION 323, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
32 health may adopt rules establishing the initial schedule of civil
33 penalties required under section 28 of this chapter, as added by
34 P.L.266-2001, at any time after May 11, 2001, in the manner provided
35 for the adoption of emergency rules under IC 4-22-2-37.1. Except as
36 provided in IC 4-22-2-37.1, an emergency rule adopted under this
37 section expires on the later of:
38 (1) the date permanent rules are adopted to replace the emergency
39 rules; or
40 (2) July 1, 2003.
41 (b) A corporation or local health department that, before January 1,
42 2001, adopted monetary penalties for the violation of any state or local
HB 1100—LS 6770/DI 125 55
1 law or rule concerning food handling or food establishments may
2 continue to enforce those locally prescribed monetary penalties
3 (including the issuance of tickets or citations authorized by local law)
4 and deposit the amounts collected as prescribed by local law until the
5 later of:
6 (1) the date permanent rules are adopted establishing the schedule
7 of civil penalties required under section 28 of this chapter, as
8 added by P.L.266-2001; or
9 (2) July 1, 2003.
10 SECTION 53. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
11 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
13 secured school safety board, may adopt:
14 (1) rules under IC 4-22-2; or
15 (2) emergency rules under IC 4-22-2-37.1;
16 necessary to implement this chapter.
17 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
18 adopted by the state board under this section expires on the earlier of
19 the following dates:
20 (1) The expiration date stated in the emergency rule.
21 (2) The date the emergency rule is amended or repealed by a later
22 rule adopted under IC 4-22-2.
23 SECTION 54. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
24 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
26 to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
27 published by the National Fire Protection Association, 1 Batterymarch
28 Park, Quincy, Massachusetts 02169-7471.
29 (b) It is the intent of the general assembly that NFPA 72, as may be
30 amended by the commission under subsection (c), be incorporated into
31 the Indiana Administrative Code. Not later than July 1, 2014, the
32 commission shall adopt rules under IC 4-22-2 to amend 675
33 IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
34 Code, subject to subsection (c)(1) and (c)(2). The commission may
35 adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
36 comply with this subsection. Except as provided in IC 4-22-2-37.1,
37 an emergency rule adopted by the commission under IC 4-22-2-37.1 to
38 comply with this subsection expires on the date a rule that supersedes
39 the emergency rule is adopted by the commission under IC 4-22-2-24
40 through IC 4-22-2-36.
41 (c) In adopting rules to incorporate NFPA 72 into the Indiana
42 Administrative Code, as required by subsection (b), the commission
HB 1100—LS 6770/DI 125 56
1 may amend NFPA 72 as the commission considers appropriate.
2 However, the rules finally adopted by the commission to comply with
3 this section must do the following:
4 (1) Incorporate the definition of, and associated requirements for:
5 (A) a managed facilities-based voice network (MFVN); and
6 (B) a public switched telephone network (PSTN);
7 as set forth in NFPA 72.
8 (2) Allow digital alarm communicator systems that make use of
9 a managed facilities-based voice network (MFVN) to transmit
10 signals from a fire alarm system to an offsite monitoring facility,
11 subject to the requirements for those systems set forth in NFPA
12 72.
13 (d) If the commission does not comply with subsection (b), the
14 following apply on July 1, 2014:
15 (1) The definition of, and associated requirements for:
16 (A) a managed facilities-based voice network (MFVN); and
17 (B) a public switched telephone network (PSTN);
18 as set forth in NFPA 72, are considered incorporated into the
19 Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
20 (or any rules adopted by a state agency, or any ordinances or other
21 regulations adopted by a political subdivision) that conflict with
22 the definitions and requirements described in this subdivision are
23 superseded by the definitions and requirements described in this
24 subdivision. This subdivision continues to apply until the
25 commission adopts rules that amend 675 IAC 28-1-28 to
26 incorporate NFPA 72 into the Indiana Administrative Code and
27 that comply with subsection (c)(1) and (c)(2).
28 (2) A person that after June 30, 2014, installs or uses a digital
29 alarm communicator system that:
30 (A) makes use of a managed facilities-based voice network
31 (MFVN) to transmit signals from a fire alarm system to an
32 offsite monitoring facility; and
33 (B) meets the requirements for such a system set forth in
34 NFPA 72;
35 is not required to obtain a variance under section 11 of this
36 chapter for the installation or use.
37 SECTION 55. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
40 cited as the First Lien Mortgage Lending Act.
41 (b) Notwithstanding any other provision of this article or IC 24-4.5,
42 but except as provided in IC 4-22-2-37.1, the department may adopt
HB 1100—LS 6770/DI 125 57
1 emergency rules under IC 4-22-2-37.1, to remain effective until
2 codified in the Indiana Code, in order to provide for a system of
3 licensing creditors and mortgage loan originators that meets the
4 requirements of:
5 (1) the Secure and Fair Enforcement for Mortgage Licensing Act
6 of 2008 (H.R. 3221 Title V) and the interpretations of that Act
7 issued by the Secretary of Housing and Urban Development and
8 the Consumer Financial Protection Bureau; and
9 (2) the subsequent amendment of the Secure and Fair
10 Enforcement for Mortgage Licensing Act of 2008 by the
11 Economic Growth, Regulatory Relief, and Consumer Protection
12 Act (P.L. 115-174, 132 Stat. 1296).
13 SECTION 56. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
16 designated as subject to change shall change, as provided in this
17 section, according to the Consumer Price Index for Urban Wage
18 Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
19 equals 100, compiled by Bureau of Labor Statistics, United States
20 Department of Labor, and referred to in this section as the Index. The
21 Index for October, 1971, is the Reference Base Index.
22 (2) The dollar amounts shall change on January 1 of each
23 odd-numbered year if the percentage of change, calculated to the
24 nearest whole percentage point, between the Index at the end of the
25 preceding odd-numbered year and the Reference Base Index is ten
26 percent (10%) or more, except that:
27 (a) the portion of the percentage change in the Index in excess of
28 a multiple of ten percent (10%) shall be disregarded and the
29 dollar amounts shall change only in multiples of ten percent
30 (10%) of the amounts on March 5, 1971;
31 (b) the dollar amounts shall not change if the amounts required by
32 this section are those currently in effect pursuant to this article as
33 a result of earlier application of the section; and
34 (c) in no event shall the dollar amounts be reduced below the
35 amounts appearing in this article on March 5, 1971.
36 (3) If the Index is revised after December 1967, the percentage of
37 change shall be calculated on the basis of the revised Index. If the
38 revision of the Index changes the Reference Base Index, a revised
39 Reference Base Index shall be determined by multiplying the
40 Reference Base Index by the ratio of the revised Index to the current
41 Index, as each was for the first month in which the revised Index is
42 available. If the Index is superseded, the Index is the one represented
HB 1100—LS 6770/DI 125 58
1 by the Bureau of Labor Statistics as reflecting most accurately changes
2 in the purchasing power of the dollar for consumers.
3 (4) The department shall issue an emergency rule under
4 IC 4-22-2-37.1 announcing:
5 (a) sixty (60) days before January 1 of each odd-numbered year
6 in which dollar amounts are to change, the changes in dollar
7 amounts required by subsection (2); and
8 (b) promptly after the changes occur, changes in the Index
9 required by subsection (3), including, when applicable, the
10 numerical equivalent of the Reference Base Index under a revised
11 Reference Base Index and the designation or title of any index
12 superseding the Index.
13 Except as provided in IC 4-22-2-37.1, an emergency rule adopted
14 under this subsection expires on the date the department is next
15 required to issue a rule under this subsection.
16 (5) A person does not violate this article through a transaction
17 otherwise complying with this article if the person relies on dollar
18 amounts either determined according to subsection (2) or appearing in
19 the last rule of the department announcing the then current dollar
20 amounts.
21 SECTION 57. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
22 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
24 IC 4-21.5-3 governs all agency action taken by the department under
25 this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
26 proceedings for administrative review under IC 4-21.5-3 or judicial
27 review under IC 4-21.5-5 shall be held in Marion County. The
28 provisions of IC 4-22-2 prescribing procedures for the adoption of rules
29 by agencies apply to the adoption of rules by the department of
30 financial institutions under this article. However, if the department
31 declares an emergency in the document containing the rule, the
32 department may adopt rules permitted by this chapter under
33 IC 4-22-2-37.1.
34 (2) Except as provided in IC 4-22-2-37.1, a rule under subsection
35 (1) adopted under IC 4-22-2-37.1 expires on the date the department
36 next adopts a rule under the statute authorizing or requiring the rule.
37 SECTION 58. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
40 IC 4-22-2, including emergency rules in the manner provided under
41 IC 4-22-2-37.1, to carry out this chapter. Except as provided in
42 IC 4-22-2-37.1, an emergency rule adopted by the attorney general
HB 1100—LS 6770/DI 125 59
1 under this section expires on the earlier of the following dates:
2 (1) The expiration date in the emergency rule.
3 (2) The date the emergency rule is amended or repealed by a later
4 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
5 IC 4-22-2-37.1.
6 SECTION 59. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
9 IC 4-22-2 to implement this article, including emergency rules in the
10 manner provided by IC 4-22-2-37.1. Notwithstanding
11 IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
12 emergency rule adopted by the attorney general under this section and
13 in the manner provided by IC 4-22-2-37.1 expires on the date on which
14 a rule that supersedes the emergency rule is adopted by the attorney
15 general under IC 4-22-2-24 through IC 4-22-2-36.
16 SECTION 60. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
19 certificate under this title that is in effect on July 1, 2018, or created on
20 or established after that date.
21 (b) As used in this section, "crime" has the meaning set forth in
22 IC 33-23-1-4.
23 (c) As used in this section, "criminal history information" has the
24 meaning set forth in IC 5-2-4-1.
25 (d) Not later than November 1, 2018, a board, commission, or
26 committee shall revise its licensing or certification requirements to the
27 extent necessary to explicitly list the crimes that may disqualify an
28 individual from receiving a license or certificate under this title. The
29 board, commission, or committee may not:
30 (1) use nonspecific terms, such as moral turpitude or good
31 character, as a licensing or certification requirement; or
32 (2) consider an arrest that does not result in a conviction.
33 (e) A board's, commission's, or committee's use of an individual's
34 conviction of a crime as a conviction of concern is limited to a crime
35 directly related to the duties and responsibilities of the occupation or
36 profession for which the individual is applying for or holds a license or
37 certification.
38 (f) If an individual has a conviction of concern, the period of
39 disqualification may not exceed five (5) years after the date of the
40 conviction, unless the individual:
41 (1) was convicted of a crime of violence (as defined by
42 IC 35-50-1-2(a));
HB 1100—LS 6770/DI 125 60
1 (2) was convicted of an offense relating to a criminal sexual act
2 (as defined by IC 35-31.5-2-216); or
3 (3) is convicted of a second or subsequent crime during the
4 disqualification period.
5 (g) An individual having a conviction of concern may at any time
6 petition a board, commission, or committee requiring a license or
7 certificate for a determination as to whether the individual's conviction
8 of concern will disqualify the individual from receiving the license or
9 certification. An individual filing a petition under this subsection shall
10 submit the following:
11 (1) At no expense to the state, a national criminal background
12 check by the Federal Bureau of Investigation.
13 (2) Any additional information requested by the board,
14 commission, or committee to assist the board, commission, or
15 committee in its review of the individual's petition.
16 (h) If an individual has a conviction of concern, the board,
17 commission, or committee shall consider the following in determining
18 whether to deny a license or certification to the individual based on the
19 following factors:
20 (1) The nature and seriousness of the crime for which the
21 individual was convicted.
22 (2) The passage of time since the commission of the crime.
23 (3) The relationship of the crime to the ability, capacity, and
24 fitness required to perform the duties and discharge the
25 responsibilities of the occupation.
26 (4) Evidence of rehabilitation or treatment undertaken by the
27 individual that might mitigate against a direct relation to the
28 ability, capacity, and fitness required to perform the duties and
29 discharge the responsibilities of the occupation.
30 (i) If a board, commission, or committee determines an individual's
31 conviction of concern disqualifies the individual from receiving a
32 license or certification solely or in part because of the individual's
33 criminal history, the board, commission, or committee shall notify the
34 individual in writing of the following:
35 (1) The grounds and reasons for the denial or disqualification.
36 (2) The individual has the right to a hearing to challenge the
37 licensing authority's decision.
38 (3) The earliest date the individual may reapply for a license or
39 certification or the earliest date the individual can petition the
40 board, commission, or committee for a review.
41 (4) Evidence of rehabilitation may be considered upon
42 reapplication.
HB 1100—LS 6770/DI 125 61
1 (5) Findings for each of the factors specified in subdivisions (1)
2 through (4).
3 Any written determination that an individual's criminal history contains
4 a conviction of concern that merits the denial of a license must be
5 documented in written findings under subdivision (1) by clear and
6 convincing evidence sufficient for review by a court. In an
7 administrative hearing or a civil action reviewing the denial of a
8 license, a board, commission, or committee has the burden of proof on
9 the question of whether the individual's criminal history, based on the
10 standards provided in subsection (h), should lead to the denial of a
11 license.
12 (j) The board, commission, or committee shall inform the individual
13 of its determination concerning the individual's petition not later than
14 sixty (60) days after the petition, criminal history information, and any
15 other information requested under subsection (g) is received by the
16 board, commission, or committee.
17 (k) The board, commission, or committee may charge a fee
18 established under IC 25-1-8 that does not exceed twenty-five dollars
19 ($25) to pay its costs of reviewing a petition filed under subsection (g).
20 (l) A board, commission, or committee may adopt rules under
21 IC 4-22-2 to implement this section, including emergency rules under
22 IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
23 provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
24 commission, or committee under this section and in the manner
25 provided by IC 4-22-2-37.1 expires on the date on which a rule that
26 supersedes the emergency rule is adopted by the board, commission, or
27 committee under IC 4-22-2-24 through IC 4-22-2-36.
28 SECTION 61. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
31 IC 4-22-2-37.1 to incorporate by reference into a rule the latest
32 statement, edition, or compilation of the professional standards
33 governing the competent practice of accountancy that are:
34 (1) enacted in a federal or state statute, rule, or regulation; or
35 (2) adopted by an agent of the United States, a state, or a
36 nationally recognized organization or association, including the
37 AICPA, the International Accounting Standards Board, and the
38 Public Company Accounting Oversight Board.
39 (b) The board may, by resolution, authorize the executive director
40 of the Indiana professional licensing agency to adopt one (1) or more
41 rules described in subsection (a) on behalf of the board. The
42 authorization may be limited as determined by the board. The board
HB 1100—LS 6770/DI 125 62
1 may revise or terminate an authorization by resolution. The executive
2 director of the Indiana professional licensing agency shall adopt rules
3 under IC 4-22-2-37.1 in conformity with the resolution adopted by the
4 board. A rule adopted on behalf of the board by the executive director
5 must:
6 (1) be signed by the executive director;
7 (2) specify on the signature page that the executive director is
8 acting on behalf of the board; and
9 (3) be submitted to the publisher of the Indiana Register under
10 IC 4-22-2-37.1 with a copy of the resolution authorizing the
11 rulemaking.
12 A rule adopted by the executive director in conformity with this
13 subsection shall be treated as a rule of the board.
14 (c) Except as provided in IC 4-22-2-37.1, a rule described in
15 subsection (a) or (b) expires on the later of the date:
16 (1) specified in the rule; or
17 (2) that another rule becomes effective that amends or repeals the
18 previously issued rule.
19 SECTION 62. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
20 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
22 subsection (c), a pharmacy technician may administer an influenza or
23 coronavirus disease immunization to an individual under a drug order
24 or prescription.
25 (b) Subject to rules adopted under subsection (c), a pharmacy
26 technician may administer an influenza or coronavirus disease
27 immunization to an individual or a group of individuals under a drug
28 order, under a prescription, or according to a protocol approved by a
29 physician.
30 (c) The board shall adopt rules under IC 4-22-2 to establish
31 requirements applying to a pharmacy technician who administers an
32 influenza or coronavirus disease immunization to an individual or
33 group of individuals. The rules adopted under this section must provide
34 for the direct supervision of the pharmacy technician by a pharmacist,
35 a physician, a physician assistant, or an advanced practice registered
36 nurse. Before July 1, 2021, the board shall adopt emergency rules
37 under IC 4-22-2-37.1 to establish the requirements described in this
38 subsection concerning the influenza immunization and the coronavirus
39 disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
40 provided in IC 4-22-2-37.1, an emergency rule adopted by the board
41 under this subsection and in the manner provided by IC 4-22-2-37.1
42 expires on the date on which a rule that supersedes the emergency rule
HB 1100—LS 6770/DI 125 63
1 is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
2 (d) The board must approve all programs that provide training to
3 pharmacy technicians to administer influenza and coronavirus disease
4 immunizations as permitted by this section.
5 SECTION 63. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
6 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
8 IC 4-22-2, including emergency rules adopted in the manner provided
9 under IC 4-22-2-37.1, to establish requirements for a third party
10 logistics license, license fees, and other relevant matters consistent with
11 the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
12 (b) Except as provided in IC 4-22-2-37.1, an emergency rule
13 adopted by the board under this section expires on the date the
14 emergency rule is amended or repealed by a later rule adopted under
15 IC 4-22-2-22.5 through IC 4-22-2-36.
16 SECTION 64. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
19 management company that qualifies as an appraisal management
20 company under 12 U.S.C. 3350(11).
21 (b) As used in this section, "Appraisal Subcommittee" refers to the
22 Appraisal Subcommittee of the Federal Financial Institutions
23 Examination Council.
24 (c) As used in this section, "covered transaction" has the meaning
25 set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
26 12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
27 1222.20-1222.26).
28 (d) As used in this section, "performed an appraisal", with respect
29 to a real estate appraiser and an appraisal management company,
30 means the appraisal service requested of the real estate appraiser by the
31 appraisal management company was provided to the appraisal
32 management company.
33 (e) An appraisal management company to which this section applies
34 shall pay to the board the annual AMC registry fee, as established by
35 the Appraisal Subcommittee, as follows:
36 (1) In the case of an appraisal management company that has been
37 in existence for more than one (1) year, twenty-five dollars ($25)
38 multiplied by the number of real estate appraisers who have
39 performed an appraisal for the appraisal management company in
40 connection with a covered transaction in Indiana during the
41 previous year.
42 (2) In the case of an appraisal management company that has not
HB 1100—LS 6770/DI 125 64
1 been in existence for more than one (1) year, twenty-five dollars
2 ($25) multiplied by the number of real estate appraisers who have
3 performed an appraisal for the appraisal management company in
4 connection with a covered transaction in Indiana since the
5 appraisal management company commenced doing business.
6 (f) The AMC registry fee required by this section is in addition to
7 the registration fee required by section 15 of this chapter.
8 (g) The board shall transmit the AMC registry fees collected under
9 this section to the Appraisal Subcommittee on an annual basis. For
10 purposes of this subsection, the board may align a one (1) year period
11 with any twelve (12) month period, which may or not may not be based
12 on the calendar year. Only those appraisal management companies
13 whose registry fees have been transmitted to the Appraisal
14 Subcommittee will be eligible to be on the AMC Registry (as defined
15 in 12 U.S.C. 1102.401(a)).
16 (h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
17 commission may do the following:
18 (1) Adopt rules under IC 4-22-2 to implement this section.
19 (2) Amend rules adopted under this subsection as necessary to
20 conform the annual AMC registry fee required by this section
21 with the AMC registry fee established by the Appraisal
22 Subcommittee.
23 In adopting or amending a rule under this subsection, the commission
24 may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
25 Notwithstanding IC 4-22-2-37.1(g), Except as provided in
26 IC 4-22-2-37.1, an emergency rule adopted by the commission under
27 this subsection and in the manner provided by IC 4-22-2-37.1 expires
28 on the date on which a rule that supersedes the emergency rule is
29 adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
30 SECTION 65. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
31 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
33 shall adopt a rule under IC 4-22-2 establishing the amount for each
34 exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
35 effect not earlier than January 1, 2010, and not later than March 1,
36 2010.
37 (b) The department of financial institutions shall adopt a rule under
38 IC 4-22-2 establishing new amounts for each exemption under section
39 2(c)(1) through 2(c)(3) of this chapter every six (6) years after
40 exemption amounts are established under subsection (a). The rule
41 establishing new exemption amounts under this subsection must take
42 effect not earlier than January 1 and not later than March 1 of the sixth
HB 1100—LS 6770/DI 125 65
1 calendar year immediately following the most recent adjustments to the
2 exemption amounts.
3 (c) The department of financial institutions shall determine the
4 amount of each exemption under subsections (a) and (b) based on
5 changes in the Consumer Price Index for All Urban Consumers,
6 published by the United States Department of Labor, for the most
7 recent six (6) year period.
8 (d) The department of financial institutions shall round the amount
9 of an exemption determined under subsections (a) and (b) to the
10 nearest fifty dollars ($50).
11 (e) A rule establishing amounts for exemptions under this section
12 may not reduce an exemption amount below the exemption amount on
13 July 1, 2005.
14 (f) The department of financial institutions may adopt a rule under
15 subsection (a) or subsection (b) as an emergency rule under
16 IC 4-22-2-37.1.
17 (g) Except as provided in IC 4-22-2-37.1, an emergency rule
18 adopted by the department of financial institutions under this section
19 expires on the earlier of the following dates:
20 (1) The expiration date stated in the emergency rule.
21 (2) The date the emergency rule is amended or repealed by a later
22 rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
23 IC 4-22-2-37.1.
HB 1100—LS 6770/DI 125 66
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 67
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.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, 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 1, delete lines 1 through 15.
Page 2, delete lines 1 through 31.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1100 as printed January 20, 2022.)
BROWN T
Committee Vote: yeas 10, nays 5.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1100 be amended to read as
follows:
Page 9, line 12, delete "for legality and form." and insert: ". The
attorney general shall review a rule under this section to determine
if it:
HB 1100—LS 6770/DI 125 68
(1) has been adopted without statutory authority;
(2) has been adopted without complying with this section;
(3) has been adopted without complying with the statute
authorizing the agency to adopt emergency rules under this
section; or
(4) violates another law.".
Page 9, line 12, after "form." beginning with "The" begin a new line
blocked left.
(Reference is to HB 1100 as printed January 24, 2022.)
DELANEY
HB 1100—LS 6770/DI 125