Indiana House Bill HB1211 Enrolled / Bill

                    Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1211
AN ACT to amend the Indiana Code concerning state offices and
administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-4-41-11, AS ADDED BY P.L.89-2021,
SECTION 11 AND P.L.158-2021, SECTION 2, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 11. The
office shall adopt rules under IC 4-22-2 necessary for the
administration of this chapter. In adopting the rules required by this
section, the office may adopt emergency rules in the manner provided
by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the office
under this section and in the manner provided by IC 4-22-2-37.1
expires on the date on which a rule that supersedes the emergency rule
is adopted by the office under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 2. IC 4-13-1-28 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 28. (a) As used in this section, "blockchain
technology" means distributed ledger technology that uses a
distributed, decentralized, shared, and replicated ledger that may
be public or private, permissioned or permissionless, and that may
include the use of electronic currencies or electronic tokens as a
medium of electronic exchange.
(b) As used in this section, "distributed ledger technology"
means any data base that is consensually shared and synchronized
across multiple sites, institutions, or geographies allowing for
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public witnesses to such transactions and may include supporting
infrastructure, including blockchain technology.
(c) As used in this section, "office of technology" refers to the
office of technology established by IC 4-13.1-2-1.
(d) Not later than October 1, 2022, the department shall issue,
on behalf of the office of technology, a request for information in
compliance with IC 5-23-4.5 for purposes of exploring how the use
of blockchain technology could be used by a state agency to:
(1) achieve greater cost efficiency and cost effectiveness; and
(2) improve consumer:
(A) convenience;
(B) experience;
(C) data security; and
(D) data privacy.
(e) The request for information shall include participation from
the following state agencies:
(1) The office of technology.
(2) The election division of the office of the secretary of state
(IC 3-6-4.2-1).
(3) The dealer services division of the office of the secretary of
state (IC 9-32-2-11).
(4) The securities division of the office of the secretary of state
(IC 23-19-6-1).
(5) The bureau of motor vehicles (IC 9-14-7).
(6) Any other state agency that wishes to participate.
(7) Any state agency identified by a respondent as potentially
benefiting from the use of blockchain technology.
(f) A state agency described in subsection (e)(6) shall assist a
respondent with any reasonable request for assistance or
information needed for the respondent to complete the response to
the request for information.
(g) The department shall set the deadline for submissions of the
request for information under this section as not later than
February 1, 2023.
(h) Subject to IC 5-23-4.5-3, the office of technology shall
prepare a report that includes:
(1) information regarding the responses to the request for
information under this section, including a copy of a response
to the request for information if the person who submitted the
response waived confidentiality in writing;
(2) any recommendations by the office of technology
regarding the request for information or the responses to the
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request for information; and
(3) any other information that the office of technology
determines is relevant to the request for information.
(i) Not later than March 31, 2023, the office of technology shall
submit the report prepared under subsection (h) to the legislative
council in an electronic format under IC 5-14-6.
(j) This section expires July 1, 2023.
SECTION 3. IC 4-22-2-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) "Agency" means any officer,
board, commission, department, division, bureau, committee, or other
governmental entity exercising any of the executive (including the
administrative) powers of state government. The term does not include
the judicial or legislative departments of state government or a political
subdivision as defined in IC 36-1-2-13.
(b) "Rule" means the whole or any part of an agency statement of
general applicability that:
(1) has or is designed to have the effect of law; and
(2) implements, interprets, or prescribes:
(A) law or policy; or
(B) the organization, procedure, or practice requirements of an
agency.
(c) "Rulemaking action" means the process of formulating or
adopting a rule. The term does not include an agency action.
(d) "Agency action" has the meaning set forth in IC 4-21.5-1-4.
(e) "Person" means an individual, corporation, limited liability
company, partnership, unincorporated association, or governmental
entity.
(f) "Publisher" refers to the publisher of the Indiana Register and
Indiana Administrative Code, which is the legislative council, or the
legislative services agency operating under the direction of the council.
(g) "Emergency rule" refers to a rule authorized by a statute
outside this article to be adopted in accordance with the
procedures in section 37.1 of this chapter.
(g) (h) The definitions in this section apply throughout this article.
SECTION 4. IC 4-22-2-13, AS AMENDED BY P.L.2-2007,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) Subject to subsections (b), (c), and (d), this
chapter applies to the addition, amendment, or repeal of a rule in every
rulemaking action.
(b) This chapter does not apply to the following agencies:
(1) Any military officer or board.
(2) Any state educational institution.
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(c) This chapter does not apply to a rulemaking action that results
in any of the following rules:
(1) A resolution or directive of any agency that relates solely to
internal policy, internal agency organization, or internal procedure
and does not have the effect of law.
(2) A restriction or traffic control determination of a purely local
nature that:
(A) is ordered by the commissioner of the Indiana department
of transportation;
(B) is adopted under IC 9-20-1-3(d), IC 9-21-4-7, or
IC 9-20-7; and
(C) applies only to one (1) or more particularly described
intersections, highway portions, bridge causeways, or viaduct
areas.
(3) A rule adopted by the secretary of state under IC 26-1-9.1-526.
(4) An executive order or proclamation issued by the governor.
(d) Except as specifically set forth in IC 13-14-9, sections 24, 24.5,
26, 27, and 29 of this chapter do not apply to rulemaking actions under
IC 13-14-9.
SECTION 5. IC 4-22-2-24.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 24.5. (a) This section applies to proposed rules
submitted to the publisher after June 30, 2022.
(b) At the same time an agency submits a proposed rule to the
publisher under section 24 of this chapter, the agency shall submit
to the publisher the following:
(1) If applicable, the economic impact statement prepared by
the agency under IC 4-22-2.1-5.
(2) If the rule imposes a penalty, fine, or other similar
negative impact on a person or business, a written explanation
of the penalty, fine, or other similar negative impact, and why
the penalty, fine, or other similar negative impact is
considered necessary.
(c) The publisher shall provide a copy of the materials
submitted by an agency under this section in an electronic format
to:
(1) each member of the standing committee or standing
committees that have subject matter jurisdiction most closely
relating to the subject matter of the rule;
(2) the governor; and
(3) the office of management and budget.
(d) The publisher shall publish the materials submitted under
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subsection (b) in the Indiana Register.
SECTION 6. IC 4-22-2-28, AS AMENDED BY P.L.237-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 28. (a) The following definitions apply throughout
this section:
(1) "Ombudsman" refers to the small business ombudsman
designated under IC 5-28-17-6.
(2) "Total estimated economic impact" means the direct annual
economic impact of a rule on all regulated persons after the rule
is fully implemented under subsection (g).
(b) The ombudsman:
(1) shall review a proposed rule that:
(A) imposes requirements or costs on small businesses (as
defined in IC 4-22-2.1-4); and
(B) is referred to the ombudsman by an agency under
IC 4-22-2.1-5(c); and
(2) may review a proposed rule that imposes requirements or
costs on businesses other than small businesses (as defined in
IC 4-22-2.1-4).
After conducting a review under subdivision (1) or (2), the ombudsman
may suggest alternatives to reduce any regulatory burden that the
proposed rule imposes on small businesses or other businesses. The
agency that intends to adopt the proposed rule shall respond in writing
to the ombudsman concerning the ombudsman's comments or
suggested alternatives before adopting the proposed rule under section
29 of this chapter.
(c) Subject to subsection (e) and not later than fifty (50) days before
the public hearing for a proposed rule required by section 26 of this
chapter, an agency shall submit the proposed rule to the office of
management and budget for a review under subsection (d), if the
agency proposing the rule determines that the rule will have a total
estimated economic impact greater than five hundred thousand dollars
($500,000) on all regulated persons. In determining the total estimated
economic impact under this subsection, the agency shall consider any
applicable information submitted by the regulated persons affected by
the rule. To assist the office of management and budget in preparing
the fiscal impact statement required by subsection (d), the agency shall
submit, along with the proposed rule, the data used and assumptions
made by the agency in determining the total estimated economic
impact of the rule.
(d) Except as provided in subsection (e), before the adoption of the
rule, and not more than forty-five (45) days after receiving a proposed
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rule under subsection (c), the office of management and budget shall
prepare, using the data and assumptions provided by the agency
proposing the rule, along with any other data or information available
to the office of management and budget, a fiscal impact statement
concerning the effect that compliance with the proposed rule will have
on:
(1) the state; and
(2) all persons regulated by the proposed rule.
The fiscal impact statement must contain the total estimated economic
impact of the proposed rule and a determination concerning the extent
to which the proposed rule creates an unfunded mandate on a state
agency or political subdivision. The fiscal impact statement is a public
document. The office of management and budget shall make the fiscal
impact statement available to interested parties upon request and to the
agency proposing the rule. The agency proposing the rule shall
consider the fiscal impact statement as part of the rulemaking process
and shall provide the office of management and budget with the
information necessary to prepare the fiscal impact statement, including
any economic impact statement prepared by the agency under
IC 4-22-2.1-5. The office of management and budget may also receive
and consider applicable information from the regulated persons
affected by the rule in preparation of the fiscal impact statement.
(e) With respect to a proposed rule subject to IC 13-14-9:
(1) the department of environmental management shall give
written notice to the office of management and budget of the
proposed date of preliminary adoption of the proposed rule not
less than sixty-six (66) days before that date; and
(2) the office of management and budget shall prepare the fiscal
impact statement referred to in subsection (d) not later than
twenty-one (21) days before the proposed date of preliminary
adoption of the proposed rule.
(f) In determining whether a proposed rule has a total estimated
economic impact greater than five hundred thousand dollars
($500,000), the agency proposing the rule shall consider the impact of
the rule on any regulated person that already complies with the
standards imposed by the rule on a voluntary basis.
(g) For purposes of this section, a rule is fully implemented after:
(1) the conclusion of any phase-in period during which:
(A) the rule is gradually made to apply to certain regulated
persons; or
(B) the costs of the rule are gradually implemented; and
(2) the rule applies to all regulated persons that will be affected
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by the rule.
In determining the total estimated economic impact of a proposed rule
under this section, the agency proposing the rule shall consider the
annual economic impact on all regulated persons beginning with the
first twelve (12) month period after the rule is fully implemented. The
agency may use actual or forecasted data and may consider the actual
and anticipated effects of inflation and deflation. The agency shall
describe any assumptions made and any data used in determining the
total estimated economic impact of a rule under this section.
(h) An agency shall provide the legislative council in an electronic
format under IC 5-14-6 with any analysis, data, and description of
assumptions submitted to the office of management and budget under
this section or section 40 of this chapter at the same time the agency
submits the information to the office of management and budget. The
office of management and budget shall provide the legislative council
in an electronic format under IC 5-14-6 any fiscal impact statement and
related supporting documentation prepared by the office of
management and budget under this section or section 40 of this chapter
at the same time the office of management and budget provides the
fiscal impact statement to the agency proposing the rule. Information
submitted under this subsection must identify the rule to which the
information is related by document control number assigned by the
publisher.
(i) Subject to IC 4-22-2.5-3.5, an agency shall provide the
legislative council in an electronic format under IC 5-14-6 with any
economic impact or fiscal impact statement, including any supporting
data, studies, or analysis, prepared for a rule proposed by the agency or
subject to readoption by the agency to comply with:
(1) a requirement in section 19.5 of this chapter to minimize the
expenses to regulated entities that are required to comply with the
rule;
(2) a requirement in section 24 of this chapter to publish a
justification of any requirement or cost that is imposed on a
regulated entity under the rule;
(3) a requirement in IC 4-22-2.1-5 to prepare a statement that
describes the annual economic impact of a rule on all small
businesses after the rule is fully implemented;
(4) a requirement in IC 4-22-2.5-3.1 to conduct a review to
consider whether there are any alternative methods of achieving
the purpose of the rule that are less costly or less intrusive, or that
would otherwise minimize the economic impact of the proposed
rule on small businesses;
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(5) a requirement in IC 13-14-9-3 or IC 13-14-9-4 to publish
information concerning the fiscal impact of a rule or alternatives
to a rule subject to these provisions; or
(6) a requirement under any other law to conduct an analysis of
the cost, economic impact, or fiscal impact of a rule;
regardless of whether the total estimated economic impact of the
proposed rule is more than five hundred thousand dollars ($500,000),
as soon as practicable after the information is prepared. Information
submitted under this subsection must identify the rule to which the
information is related by document control number assigned by the
publisher.
SECTION 7. IC 4-22-2-37.1, AS AMENDED BY P.L.140-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 37.1. (a) The following do not apply to a rule
adopted under this section:
(1) Sections 24 23 through 36 of this chapter.
(2) IC 13-14-9.
(b) In conformity with section 14 of this chapter, this section
creates only procedural rights and imposes only procedural duties.
This section does not delegate substantive authority to an agency
to adopt a rule. This section applies only if a statute outside this
article delegates substantive rulemaking authority to the agency
and that statute or another statute expressly authorizes the agency
to exercise the rulemaking authority in accordance with the
emergency procedures in this section. A rule may be adopted under
this section statute outside this article authorizes an agency to
exercise the agency's rulemaking authority in accordance with the
procedures in this section if a the statute delegating authority to an
agency to adopt rules authorizes adoption of such a rule: expressly
states that rules may or shall be adopted:
(1) under this section; or
(2) in the manner provided by this section.
(c) To initiate a rulemaking proceeding under this section, an
agency must:
(1) demonstrate through findings of fact that:
(A) an imminent peril to the public health, safety, or
welfare;
(B) avoidance of a loss of federal funding for an agency
program or a violation of federal law or regulation;
(C) a change in the agency's governing statutes or a federal
program; or
(D) avoidance of any other substantial negative impact to
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the public interest;
requires the immediate adoption of a rule in accordance with
this section; and
(2) After an agency adopts a rule under this section, the agency
shall submit the rule and findings of fact to the publisher for the
assignment of a document control number.
The agency shall submit the rule in the form required by section 20 of
this chapter and with the documents required by section 21 of this
chapter. The publisher shall determine the format of the rule and other
documents to be submitted under this subsection. The agency may
adopt the emergency rule before or after submission of the
emergency rule to the publisher. The publisher shall assign a
document control number for the rule. The publisher shall also
provide a copy of the emergency rule in an electronic format to
each member of the standing committee or standing committees
that have subject matter jurisdiction most closely relating to the
subject matter of the emergency rule, the governor, and the office
of management and budget, along with a statement indicating that
the rule has been submitted to the attorney general for review.
(d) After the document control number has been assigned and the
agency adopts the emergency rule, the agency shall submit the
emergency rule, the findings required under subsection (c)(1), the
document number, the documents required by section 21 of this
chapter, and any other documents specified by the attorney general
to the publisher for filing. attorney general for review. The agency
shall submit the rule in the form required by section 20 of this chapter.
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) The attorney general shall conduct an expedited review of a
rule submitted under subsection (d). The attorney general shall
review a rule under this section to determine if it:
(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.
The attorney general shall complete the review within a time
consistent with the emergency. 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
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under the same document number in accordance with section 40 of
this chapter. If the attorney general does not approve the rule for
legality and form before the thirty-first day after the rule is
submitted, the rule is deemed approved, and the agency may
submit it to the publisher.
(e) (f) When a rule has been approved or deemed approved for
legality and form by the attorney general, the agency shall
immediately submit the rule to the publisher for filing. Subject to
section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is
accepted;
(3) publish the emergency rule; and
(4) provide in an electronic format a copy of the electronic
rule along with a statement indicating that the rule has been
approved by the attorney general to:
(A) each member of the standing committee or standing
committees that have subject matter jurisdiction most
closely relating to the subject matter of the emergency
rule;
(B) the governor; and
(C) the office of management and budget.
(f) (g) A rule adopted by an agency under this section takes effect
on the latest of the following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e). (f).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(5) The statutory effective date for an emergency rule set forth in
the statute authorizing the agency to adopt emergency rules.
(g) (h) Unless otherwise provided by the statute authorizing
adoption of the rule: Except as permitted under subsection (k) or (l):
(1) a rule adopted under this section expires not later than ninety
(90) days after the rule is accepted for filing under subsection (e);
(f);
(2) a rule adopted under this section may be extended by adopting
another rule under this section, but only for one (1) extension
period; and
(3) for a rule adopted under this section to be effective after one
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(1) extension period, the rule must be adopted under:
(A) sections 24 through 36 of this chapter; or
(B) IC 13-14-9;
as applicable.
(h) (i) This section may not be used to readopt a rule under
IC 4-22-2.5.
(i) (j) The publisher of the Indiana administrative code shall
annually publish a list of agencies authorized to adopt rules under this
section.
(k) This subsection applies if a statute delegates authority to an
agency to adopt an emergency rule and a change in the agency's
governing statutes or a federal program requires an immediate
adoption of an emergency rule. An agency may extend a rule for
not more than six (6) extension periods in addition to the extension
period permitted under subsection (h)(2) if the agency determines
the additional extensions are needed to allow sufficient time to
adopt a rule under sections 24 through 36 of this chapter or
IC 13-14-9.
(l) This subsection is intended to establish uniform procedures
for the implementation of emergency rules not described in
subsection (k). If a statute outside this chapter (regardless of
whether the statute is enacted before, on, or after July 1, 2022)
permits an emergency rule to be:
(1) effective for more than ninety (90) days, the emergency
rule expires ninety (90) days after the rule becomes effective,
unless, before the expiration date, the agency provides
electronic notice to the publisher stating the reasons for
continuation of the emergency rule and the legislative council
approves the continuation of the emergency rule; or
(2) extended for more than one (1) extension period, the
agency may not apply the statute to extend the emergency
rule for more than one (1) extension period of not more than
ninety (90) days, unless, before the extension period elapses,
the agency provides electronic notice to the publisher stating
the reasons for additional extensions of the emergency rule
and the legislative council approves the requested additional
extension of the emergency rule.
However, if an emergency rule (including an emergency rule in
effect on an extension) is in effect on July 1, 2022, the emergency
rule expires on the earlier of the date that the emergency rule
would expire without the application of this subsection or January
1, 2025, unless, before the expiration, the agency provides
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electronic notice to the publisher stating the reasons for
continuation of the emergency rule and the legislative council
approves the requested continuation of the emergency rule. The
publisher shall publish notice of a request under this subsection in
the Indiana Register and provide the chair and vice chair of the
legislative council with the request submitted to the publisher. The
publisher shall publish notice of a determination of the legislative
council under this subsection in the Indiana Register.
SECTION 8. IC 4-22-2.5-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
applies to the following:
(1) A rule that is required to receive or maintain:
(A) delegation;
(B) primacy; or
(C) approval;
for state implementation or operation of a program established
under federal law.
(2) A rule that is required to begin or continue receiving federal
funding for the implementation or operation of a program.
(b) A rule described in subsection (a) does not expire under this
chapter. However, except as provided in subsection (c), an agency
shall readopt a rule described in this section before January 1 July 1 of
the seventh fourth year after the year in which the rule takes effect as
set forth in this chapter.
(c) For a rule described in subsection (a) that takes effect before
July 1, 2022, the agency shall readopt the rule not later than June
30, 2026.
SECTION 9. IC 4-22-2.5-2, AS AMENDED BY P.L.215-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
section 1.1 of this chapter, an administrative rule adopted under
IC 4-22-2 expires January 1 of the seventh year after the year in which
the rule takes effect, unless the rule contains an earlier expiration date.
The expiration date of a rule under this section is extended each time
that a rule amending an unexpired rule takes effect. The rule, as
amended, expires on January 1 of the seventh year after the year in
which the amendment takes effect.
(b) An administrative rule that:
(1) was adopted under IC 4-22-2;
(2) is in force on December 31, 1995; and
(3) is not amended by a rule that takes effect after December 31,
1995, and before January 1, 2002;
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expires not later than January 1, 2002.
(c) The determination of whether an administrative rule expires
under this chapter shall be applied at the level of an Indiana
Administrative Code section.
SECTION 10. IC 4-22-2.5-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
subsection (b) or section 1.1 of this chapter, an administrative rule
adopted under IC 4-22-2 expires July 1 of the fourth year after the
year in which the rule takes effect, unless the rule contains an
earlier expiration date. The expiration date of a rule under this
section is extended each time that a rule amending an unexpired
rule takes effect. The rule, as amended, expires on July 1 of the
fourth year after the year in which the amendment takes effect.
(b) This subsection applies to an administrative rule that:
(1) was adopted under IC 4-22-2 or readopted under this
chapter after December 31, 2015, and before January 1, 2020;
and
(2) is in force on June 30, 2022.
The expiration date of a rule described in this subsection is
extended under this subsection if the agency intends to readopt the
rule. The rule expires on July 1, 2024.
SECTION 11. IC 4-22-2.5-3, AS AMENDED BY P.L.188-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) An agency that wishes to readopt a rule that
is subject to expiration under this chapter must:
(1) follow the procedure for adoption of administrative rules
under IC 4-22-2; and
(2) for a rule that expires under this chapter:
(A) after June 30, 2005, conduct any review required under
section 3.1 of this chapter; and
(B) after June 30, 2024:
(i) conduct any review and compile any reports required
under section 3.1 of this chapter; and
(ii) provide the notification and any reports as required
under section 3.5 of this chapter.
(b) An agency may adopt a rule under IC 4-22-2 in anticipation of
a rule's expiration under this chapter.
(c) An agency may not use IC 4-22-2-37.1 to readopt a rule that is
subject to expiration under this chapter.
SECTION 12. IC 4-22-2.5-3.1, AS ADDED BY P.L.188-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2022]: Sec. 3.1. (a) This section applies to a rule that:
(1) expires under this chapter after June 30, 2005; and
(2) imposes requirements or costs on small businesses.
(b) As used in this section, "small business" has the meaning set
forth in IC 4-22-2.1-4.
(c) Subject to subsection (e), before an agency may act under
section 3 of this chapter to readopt a rule described in subsection (a),
the agency shall conduct a review to consider whether there are any
alternative methods of achieving the purpose of the rule that are less
costly or less intrusive, or that would otherwise minimize the economic
impact of the proposed rule on small businesses. In reviewing a rule
under this section, the agency shall consider the following:
(1) The continued need for the rule.
(2) The nature of any complaints or comments received from the
public, including small businesses, concerning the rule or the
rule's implementation by the agency.
(3) The complexity of the rule, including any difficulties
encountered by:
(A) the agency in administering the rule; or
(B) small businesses in complying with the rule.
(4) The extent to which the rule overlaps, duplicates, or conflicts
with other federal, state, or local laws, rules, regulations, or
ordinances.
(5) The length of time since the rule was last reviewed under this
section or otherwise evaluated by the agency, and the degree to
which technology, economic conditions, or other factors have
changed in the area affected by the rule since that time.
(d) This subsection applies to a rule that was adopted through a
rulemaking action initiated by the agency under IC 4-22-2-23 after June
30, 2005. Subject to subsection (e), in reviewing the rule under this
section, the agency shall reexamine the most recent economic impact
statement prepared by the agency under IC 4-22-2.1-5. The agency
shall consider:
(1) the degree to which the factors analyzed in the statement have
changed since the statement was prepared; and
(2) whether:
(A) any regulatory alternatives included in the statement under
IC 4-22-2.1-5(a)(5); or
(B) any regulatory alternatives not considered by the agency
at the time the statement was prepared;
could be implemented to replace one (1) or more of the rule's
existing requirements.
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(e) This subsection applies to a rule that expires under this
chapter after June 30, 2024. Before an agency may act under
section 3 of this chapter to readopt a rule described in subsection
(a), and not later than January 1 of the third year after the year in
which the rule most recently took effect, the agency shall:
(1) conduct the review under subsection (c) and prepare a
written report detailing the agency's findings in the review;
and
(2) conduct the reexamination under subsection (d) and make
any necessary updates to the economic impact statement.
(e) (f) After conducting the review required by this section and
providing the notification required under section 3.5 of this
chapter, the agency shall:
(1) readopt the rule without change, if no alternative regulatory
methods exist that could minimize the economic impact of the
rule on small businesses while still achieving the purpose of the
rule;
(2) amend the rule to implement alternative regulatory methods
that will minimize the economic impact of the rule on small
businesses; or
(3) repeal the rule, if the need for the rule no longer exists.
SECTION 13. IC 4-22-2.5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3.5. (a) This section applies to a
rule that expires under this chapter after June 30, 2024.
(b) Subject to subsection (e), before an agency may act under
section 3 of this chapter to readopt a rule described in subsection
(a), and not later than January 1 of the third year after the year in
which the rule most recently took effect, the agency shall provide
notice of the pending readoption of the rule to the publisher. At the
same time the agency provides notice of the pending readoption of
the rule, the agency shall submit the following:
(1) A copy of the written report prepared under section
3.1(e)(1) of this chapter.
(2) A copy of the updated economic impact statement
prepared by the agency under section 3.1(e)(2) of this chapter.
If no update of the economic impact statement was necessary
under section 3.1(e)(2) of this chapter, the agency shall
provide a copy of the most recent economic impact statement
prepared by the agency under IC 4-22-2.1-5.
(3) If the rule imposes a penalty, fine, or other similar
negative impact on a person or business, a written description
HEA 1211 — CC 1 16
of the penalty, fine, or other similar negative impact, and why
the penalty, fine, or other similar negative impact is
considered necessary.
(c) The publisher shall provide a copy of the materials
submitted by an agency in an electronic format to:
(1) each member of the standing committee or standing
committees that have subject matter jurisdiction most closely
relating to the subject matter of the rule;
(2) the governor; and
(3) the office of management and budget.
(d) The publisher shall publish the materials submitted under
subsection (b) in the Indiana Register.
(e) If an agency intends to readopt a rule described in section
2.1(b) of this chapter, the agency shall submit the materials under
subsection (b) not later than January 1, 2023.
SECTION 14. IC 4-22-2.5-4, AS AMENDED BY P.L.123-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b) and
subject to section sections 3.1 and 3.5 of this chapter, an agency may
readopt all rules subject to expiration under this chapter under one (1)
rule that lists all rules that are readopted by their titles and subtitles
only. A rule that has expired but is readopted under this subsection may
not be removed from the Indiana Administrative Code.
(b) If, not later than thirty (30) days after an agency's publication of
notice of its intention to adopt a rule under IC 4-22-2-23 using the
listing allowed under subsection (a), a person submits to the agency a
written request and the person's basis for the request that a particular
rule be readopted separately from the readoption rule described in
subsection (a), the agency must:
(1) readopt that rule separately from the readoption rule described
in subsection (a); and
(2) follow the procedure for adoption of administrative rules
under IC 4-22-2 with respect to the rule.
(c) If the agency does not receive a written request under subsection
(b) regarding a rule within thirty (30) days after the agency's
publication of notice, the agency may:
(1) submit the rule for filing with the publisher under
IC 4-22-2-35; or
(2) elect the procedure for readoption under IC 4-22-2.
SECTION 15. IC 4-22-2.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
readopted before the expiration date for the rule and the governor finds
HEA 1211 — CC 1 17
that the failure to readopt the rule causes an emergency to exist, the
governor may, by executive order issued before the rule's expiration
date, postpone the expiration date of the rule until a date that is one (1)
year after the date specified in section 2 2.1 of this chapter.
SECTION 16. IC 4-30-3-9, AS AMENDED BY P.L.140-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The commission may adopt emergency rules
under IC 4-22-2-37.1.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted by the commission under this section expires on the earlier of
the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
IC 4-22-2-37.1.
SECTION 17. IC 4-31-3-9, AS AMENDED BY P.L.140-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) Subject to section 14 of this chapter, the
commission may:
(1) adopt rules under IC 4-22-2, including emergency rules under
IC 4-22-2-37.1, to implement this article, including rules that
prescribe:
(A) the forms of wagering that are permitted;
(B) the number of races;
(C) the procedures for wagering;
(D) the wagering information to be provided to the public;
(E) fees for the issuance and renewal of:
(i) permits under IC 4-31-5;
(ii) satellite facility licenses under IC 4-31-5.5; and
(iii) licenses for racetrack personnel and racing participants
under IC 4-31-6;
(F) investigative fees;
(G) fines and penalties; and
(H) any other regulation that the commission determines is in
the public interest in the conduct of recognized meetings and
wagering on horse racing in Indiana;
(2) appoint employees and fix their compensation, subject to the
approval of the budget agency under IC 4-12-1-13;
(3) enter into contracts necessary to implement this article; and
(4) receive and consider recommendations from a development
advisory committee established under IC 4-31-11.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
HEA 1211 — CC 1 18
adopted by the commission under subsection (a) expires on the earlier
of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
IC 4-22-2-37.1.
SECTION 18. IC 5-2-23-9, AS ADDED BY P.L.165-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. (a) The criminal justice institute may adopt
rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1,
to implement this chapter.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted under this section expires on the earlier of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 or under
IC 4-22-2-37.1.
(c) The criminal justice institute may readopt an emergency rule that
has expired.
SECTION 19. IC 5-20-9-8, AS ADDED BY P.L.103-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. (a) The authority may adopt rules under
IC 4-22-2, including emergency rules adopted in the manner provided
by IC 4-22-2-37.1, to establish the policies and procedures required
under section 6 of this chapter and to otherwise implement this chapter.
Rules or emergency rules adopted by the authority under this section
must take effect not later than January 1, 2018.
(b) Notwithstanding IC 4-22-2-37.1(g), Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the authority in the
manner provided by IC 4-22-2-37.1 to establish the policies and
procedures required under section 6 of this chapter and to otherwise
implement this chapter expires on the date a rule that supersedes the
emergency rule is adopted by the authority under IC 4-22-2-24 through
IC 4-22-2-36.
SECTION 20. IC 5-28-5-8, AS AMENDED BY P.L.140-2013,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
IC 4-22-2 to carry out its duties under this article. The board may also
adopt emergency rules under IC 4-22-2-37.1 to carry out its duties
under this article.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted under subsection (a) expires on the expiration date stated in
HEA 1211 — CC 1 19
the rule.
(c) An emergency rule adopted under subsection (a) may be
extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
extension period may not exceed the period for which the original rule
was in effect.
SECTION 21. IC 5-28-41-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14.5. All broadband
infrastructure projects that are funded in whole or in part by a
grant or loan from the fund must satisfy the criteria and
requirements as described in IC 4-4-38.5.
SECTION 22. IC 5-33-5-8, AS ADDED BY P.L.78-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. (a) The corporation shall adopt rules under
IC 4-22-2 to carry out its duties under this article. The board may also
adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
carry out its duties under this article.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted under subsection (a) expires on the expiration date stated in
the rule.
(c) An emergency rule adopted under subsection (a) may be
extended as provided in IC 4-22-2-37.1(g), IC 4-22-2-37.1(h), but the
extension period may not exceed the period for which the original rule
was in effect.
SECTION 23. IC 6-8.1-16.3-9, AS ADDED BY P.L.147-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 9. The department may adopt rules under
IC 4-22-2, including emergency rules in the manner provided under
IC 4-22-2-37.1, to implement this chapter. Except as provided in
IC 4-22-2-37.1, an emergency rule implemented under this section
expires on the earlier of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule or emergency rule adopted under IC 4-22-2-24 through
IC 4-22-2-36 or in the manner provided under IC 4-22-2-37.1.
SECTION 24. IC 8-1-2-101.5, AS ADDED BY P.L.160-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 101.5. (a) This section applies to:
(1) a water main extension;
(2) a wastewater main extension; or
(3) an agreement that:
(A) is for a water main extension or a wastewater main
HEA 1211 — CC 1 20
extension; and
(B) is entered into after June 30, 2020, by a utility and the
person requesting the extension.
(b) As used in this section, "utility" means a municipally owned
utility (as defined in IC 8-1-2-1(h)) that provides water service or
wastewater service, or both, to the public.
(c) With respect to any water main extension or wastewater main
extension, a utility shall comply with the commission's rules governing
water main extensions or wastewater main extensions, as applicable,
including:
(1) 170 IAC 6-1.5, in the case of a water main extension; or
(2) 170 IAC 8.5-4, in the case of a wastewater main extension;
as may be amended by the commission, regardless of whether the
utility is subject to the jurisdiction of the commission for the approval
of rates and charges. However, a utility is not required to comply with
any provisions in the commission's main extension rules that require
reporting to the commission.
(d) Disputes arising under this section may be submitted as informal
complaints to the commission's consumer affairs division, in
accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
IAC 16, including provisions for referrals and appeals to the full
commission, regardless of whether the person requesting the extension
is a customer of the utility.
(e) The commission shall adopt by:
(1) order; or
(2) rule under IC 4-22-2;
other procedures not inconsistent with this section that the commission
determines to be reasonable or necessary to administer this section. In
adopting the rules under this section, the commission may adopt
emergency rules in the manner provided by IC 4-22-2-37.1.
Notwithstanding IC 4-22-2-37.1(g), Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the commission under
this subsection and in the manner provided by IC 4-22-2-37.1 expires
on the date on which a rule that supersedes the emergency rule is
adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
(f) If the commission determines that it requires additional staff to
handle the volume of informal complaints submitted under this section,
the commission may impose a fee under this section. Any fee charged
by the commission under this section may:
(1) not exceed:
(A) the commission's actual costs in administering this section;
or
HEA 1211 — CC 1 21
(B) seven hundred fifty dollars ($750);
whichever is less; and
(2) be assessed against the party against whom a decision is
rendered under this section.
SECTION 25. IC 8-1-8.5-13, AS ADDED BY P.L.60-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The general assembly finds that it is in the
public interest to support the reliability, availability, and diversity of
electric generating capacity in Indiana for the purpose of providing
reliable and stable electric service to customers of public utilities.
(b) As used in this section, "appropriate regional transmission
organization", with respect to a public utility, refers to the regional
transmission organization approved by the Federal Energy Regulatory
Commission for the control area that includes the public utility's
assigned service area (as defined in IC 8-1-2.3-2).
(c) As used in this section, "MISO" refers to the regional
transmission organization known as the Midcontinent Independent
System Operator that operates the bulk power transmission system
serving most of the geographic territory in Indiana.
(d) As used in this section, "planning reserve margin requirement",
with respect to a public utility for a particular resource planning year,
means the planning reserve margin requirement for that planning year
that the public utility is obligated to meet in accordance with the public
utility's membership in the appropriate regional transmission
organization.
(e) As used in this section, "reliability adequacy metrics", with
respect to a public utility, means calculations used to demonstrate both
of the following:
(1) That the public utility:
(A) has in place sufficient summer UCAP; or
(B) can reasonably acquire not more than thirty percent (30%)
of its total summer UCAP from capacity markets, such that it
will have sufficient summer UCAP;
to provide reliable electric service to Indiana customers, and to
meet its planning reserve margin requirement and other federal
reliability requirements described in subsection (i)(4).
(2) That the public utility:
(A) has in place sufficient winter UCAP; or
(B) can reasonably acquire not more than thirty percent (30%)
of its total winter UCAP from capacity markets, such that it
will have sufficient winter UCAP;
to provide reliable electric service to Indiana customers, and to
HEA 1211 — CC 1 22
meet its planning reserve margin requirement and other federal
reliability requirements described in subsection (i)(4).
For purposes of this subsection, "capacity markets" means the auctions
conducted by an appropriate regional transmission organization to
determine a market clearing price for capacity based on the planning
reserve margin requirements established by the appropriate regional
transmission organization.
(f) As used in this section, "summer unforced capacity", or "summer
UCAP", with respect to an electric generating facility, means:
(1) the capacity value of the electric generating facility's installed
capacity rate adjusted for the electric generating facility's average
forced outage rate for the summer period, calculated as required
by the appropriate regional transmission organization or by the
Federal Energy Regulatory Commission; or
(2) a metric that is similar to the metric described in subdivision
(1) and that is required by the appropriate regional transmission
organization.
(g) As used in this section, "winter unforced capacity", or "winter
UCAP", with respect to an electric generating facility, means:
(1) the capacity value of the electric generating facility's installed
capacity rate adjusted for the electric generating facility's average
forced outage rate for the winter period, calculated as required by
the appropriate regional transmission organization or by the
Federal Energy Regulatory Commission;
(2) a metric that is similar to the metric described in subdivision
(1) and that is required by the appropriate regional transmission
organization; or
(3) if the appropriate regional transmission organization does not
require a metric described in subdivision (1) or (2), a metric that:
(A) can be used to demonstrate that a public utility has
sufficient capacity to:
(i) provide reliable electric service to Indiana customers for
the winter period; and
(ii) meet its planning reserve margin requirement and other
federal reliability requirements described in subsection
(i)(4); and
(B) is acceptable to the commission.
(h) A public utility that owns and operates an electric generating
facility serving customers in Indiana shall operate and maintain the
facility using good utility practices and in a manner:
(1) reasonably intended to support the provision of reliable and
economic electric service to customers of the public utility; and
HEA 1211 — CC 1 23
(2) reasonably consistent with the resource reliability
requirements of MISO or any other appropriate regional
transmission organization.
(i) Not later than thirty (30) days after the deadline for submitting
an annual planning reserve margin report to MISO, each public utility
providing electric service to Indiana customers shall, regardless of
whether the public utility is required to submit an annual planning
reserve margin report to MISO, file with the commission a report, in a
form specified by the commission, that provides the following
information for each of the next three (3) resource planning years,
beginning with the planning year covered by the planning reserve
margin report to MISO described in this subsection:
(1) The:
(A) capacity;
(B) location; and
(C) fuel source;
for each electric generating facility that is owned and operated by
the electric utility and that will be used to provide electric service
to Indiana customers.
(2) The amount of generating resource capacity or energy, or
both, that the public utility has procured under contract and that
will be used to provide electric service to Indiana customers,
including the:
(A) capacity;
(B) location; and
(C) fuel source;
for each electric generating facility that will supply capacity or
energy under the contract, to the extent known by the public
utility.
(3) The amount of demand response resources available to the
public utility under contracts and tariffs.
(4) The following:
(A) The planning reserve margin requirements established by
MISO for the planning years covered by the report, to the
extent known by the public utility with respect to any
particular planning year covered by the report.
(B) If applicable, any other planning reserve margin
requirement that:
(i) applies to the planning years covered by the report; and
(ii) the public utility is obligated to meet in accordance with
the public utility's membership in an appropriate regional
transmission organization;
HEA 1211 — CC 1 24
to the extent known by the public utility with respect to any
particular planning year covered by the report.
(C) Other federal reliability requirements that the public utility
is obligated to meet in accordance with its membership in an
appropriate regional transmission organization with respect to
the planning years covered by the report, to the extent known
by the public utility with respect to any particular planning
year covered by the report.
For each planning reserve margin requirement reported under
clause (A) or (B), the public utility shall include a comparison of
that planning reserve margin requirement to the planning reserve
margin requirement established by the same regional transmission
organization for the 2021-2022 planning year.
(5) The reliability adequacy metrics of the public utility, as
forecasted for the three (3) planning years covered by the report.
(j) Upon request by a public utility, the commission shall determine
whether information provided in a report filed by the public utility
under subsection (i):
(1) is confidential under IC 5-14-3-4 or is a trade secret under
IC 24-2-3;
(2) is exempt from public access and disclosure by Indiana law;
and
(3) shall be treated as confidential and protected from public
access and disclosure by the commission.
(k) A joint agency created under IC 8-1-2.2 may file the report
required under subsection (i) as a consolidated report on behalf of any
or all of the municipally owned utilities that make up its membership.
(l) A:
(1) corporation organized under IC 23-17 that is an electric
cooperative and that has at least one (1) member that is a
corporation organized under IC 8-1-13; or
(2) general district corporation within the meaning of
IC 8-1-13-23;
may file the report required under subsection (i) as a consolidated
report on behalf of any or all of the cooperatively owned electric
utilities that it serves.
(m) In reviewing a report filed by a public utility under subsection
(i), the commission may request technical assistance from MISO or any
other appropriate regional transmission organization in determining:
(1) the planning reserve margin requirements or other federal
reliability requirement that the public utility is obligated to meet,
as described in subsection (i)(4); and
HEA 1211 — CC 1 25
(2) whether the resources available to the public utility under
subsections subsection (i)(1) through (i)(3) will be adequate to
support the provision of reliable electric service to the public
utility's Indiana customers.
(n) If, after reviewing a report filed by a public utility under
subsection (i), the commission is not satisfied that the public utility
can:
(1) provide reliable electric service to the public utility's Indiana
customers; or
(2) meet its planning reserve margin requirement or other federal
reliability requirements that the public utility is obligated to meet,
as described in subsection (i)(4);
during one (1) more of the planning years covered by the report, the
commission may conduct an investigation under IC 8-1-2-58 and
IC 8-1-2-59 as to the reasons for the public utility's potential inability
to meet the requirements described in subdivision (1) or (2), or both.
(o) If, upon investigation under IC 8-1-2-58 and IC 8-1-2-59, and
after notice and hearing, as required by IC 8-1-2-59, the commission
determines that the capacity resources available to the public utility
under subsections subsection (i)(1) through (i)(3) will not be adequate
to support the provision of reliable electric service to the public utility's
Indiana customers, or to allow the public utility to meet its planning
reserve margin requirements or other federal reliability requirements
that the public utility is obligated to meet (as described in subsection
(i)(4)), the commission shall issue an order directing the public utility
to acquire or construct such capacity resources that are reasonable and
necessary to enable the public utility to provide reliable electric service
to its Indiana customers, and to meet its planning reserve margin
requirements or other federal reliability requirements described in
subsection (i)(4). Not later than ninety (90) days after the date of the
commission's order under this subsection, the public utility shall file for
approval with the commission a plan to comply with the commission's
order. The public utility's plan may include:
(1) a request for a certificate of public convenience and necessity
under this chapter; or
(2) an application under IC 8-1-8.8;
or both.
(p) Beginning in 2022, the commission shall before November 1 of
each year submit to the governor and to the interim study committee on
energy, utilities, and telecommunications established by
IC 2-5-1.3-4(8) a report that includes the following:
(1) The commission's analysis regarding the ability of public
HEA 1211 — CC 1 26
utilities to:
(A) provide reliable electric service to Indiana customers; and
(B) meet their planning reserve margin requirements or other
federal reliability requirements;
for the next three (3) utility resource planning years, based on the
most recent reports filed by public utilities under subsection (i).
(2) A summary of:
(A) the projected demand for retail electricity in Indiana over
the next calendar year; and
(B) the amount and type of capacity resources committed to
meeting the projected demand.
In preparing the summary required under this subdivision, the
commission may consult with the forecasting group established
under section 3.5 of this chapter.
A report under this subsection to the interim study committee on
energy, utilities, and telecommunications established by
IC 2-5-1.3-4(8) must be in an electronic format under IC 5-14-6.
(q) The commission may adopt rules under IC 4-22-2 to implement
this section. In adopting rules to implement this section, the
commission may adopt emergency rules in the manner provided by
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the
commission under this subsection and in the manner provided by
IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
SECTION 26. IC 8-1-26-18.5, AS ADDED BY P.L.46-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 18.5. (a) This section applies to any new or
replacement underground facility that an operator installs or causes to
be installed after June 30, 2020, in any public right-of-way or on any
private property.
(b) Subject to any other applicable federal or state laws or
regulations, for any new or replacement underground facility that an
operator installs or causes to be installed, the operator shall ensure that:
(1) the materials from which the facility is constructed are capable
of being detected from above ground level using standard
equipment and technologies used by the utility locating industry,
such as electromagnetic locating equipment and electromagnetic
induction surveys; or
(2) if the materials from which the facility is constructed are not
capable of being detected from above ground level using standard
HEA 1211 — CC 1 27
locating techniques, as described in subdivision (1), the facility is:
(A) encased by conductive material; or
(B) equipped with an electrically conducting wire or other
means of locating the facility while it is underground.
(c) The commission may adopt rules under IC 4-22-2 to implement
this section, including emergency rules in the manner provided under
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the
commission under this subsection and in the manner provided under
IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
SECTION 27. IC 8-1-34-24.5, AS AMENDED BY HEA
1111-2022, SECTION 8, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 24.5. (a) This section applies to any
unit that receives franchise fees paid to the unit under:
(1) a certificate issued by the commission under this chapter; or
(2) an unexpired local franchise issued by the unit before July 1,
2006;
with respect to a particular calendar year.
(b) For each calendar year, beginning with the calendar year ending
December 31, 2012, each unit to which this section applies shall
submit to the commission, on a form or in the manner prescribed by the
commission, a report that includes the following information for each
certificate or local franchise in effect in the unit during the calendar
year for which the report is submitted:
(1) The amount of franchise fees paid to the unit under the
certificate or local franchise.
(2) The account of the unit into which the franchise fees identified
under subdivision (1) were deposited.
(3) The purposes for which any franchise fees received by the unit
during:
(A) the calendar year for which the report is submitted; or
(B) a previous calendar year;
were used or spent by the unit during the calendar year for which
the report is submitted.
(4) Any other information or data concerning the receipt and use
of franchise fees that the commission considers appropriate.
(c) The commission shall prescribe the form of the report and the
process, deadlines, and other requirements for submitting the report
required under this section.
(d) Upon receiving the annual reports required under this section,
HEA 1211 — CC 1 28
the commission shall compile and organize the data and information
contained in the reports. The commission shall include a summary of
the data and information contained in the reports in the commission's
annual report under IC 8-1-1-14(c)(4). However, this subsection does
not empower the commission to disclose confidential and proprietary
business plans and other confidential information without adequate
protection of the information. The commission shall exercise all
necessary caution to avoid disclosure of confidential information
supplied under this section.
(e) The commission may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to implement this section.
Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
the commission under IC 4-22-2-37.1 expires on the date a rule that
supersedes the emergency rule is adopted by the commission under
IC 4-22-2-24 through IC 4-22-2-36. and not ninety (90) days after the
rule is accepted for filing as provided in IC 4-22-2-37.1(g). However,
any emergency rules adopted by the commission under this subsection
must take effect by a date that enables a unit subject to this section to
comply with this section with respect to the calendar year ending
December 31, 2012.
SECTION 28. IC 8-1-37-10, AS AMENDED BY HEA 1111-2022,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) Subject to subsection (d), the commission
shall adopt rules under IC 4-22-2 to establish the Indiana voluntary
clean energy portfolio standard program. The program established
under this section must be a voluntary program that provides incentives
to participating electricity suppliers that undertake to supply specified
percentages of the total electricity supplied to their Indiana retail
electric customers from clean energy.
(b) The rules adopted by the commission under this section to
establish the program must:
(1) incorporate:
(A) the CPS goals set forth in section 12(a) of this chapter;
(B) methods for measuring and evaluating a participating
electricity supplier's compliance with the CPS goals set forth
in section 12(a) of this chapter; and
(C) the financial incentives and periodic rate adjustment
mechanisms set forth in section 13 of this chapter;
(2) require the commission to determine, before approving an
application under section 11 of this chapter, that the approval of
the application will not result in an increase to the retail rates and
charges of the electricity supplier above what could reasonably be
HEA 1211 — CC 1 29
expected if the application were not approved;
(3) take effect not later than January 1, 2012; and
(4) be consistent with this chapter.
(c) Upon the effective date of the rules adopted by the commission
under this section, an electricity supplier may apply to the commission
under section 11 of this chapter for approval to participate in the
program.
(d) The commission may adopt emergency rules under
IC 4-22-2-37.1 to adopt the rules required by this section. Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the
commission under IC 4-22-2-37.1 expires on the date a rule that
supersedes the emergency rule is adopted by the commission under
IC 4-22-2-24 through IC 4-22-2-36.
SECTION 29. IC 8-1-40-12, AS ADDED BY P.L.264-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12. (a) Before January 1, 2018, the commission
shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend
the electricity supplier's net metering tariff, to do the following:
(1) Increase the allowed limit on the aggregate amount of net
metering facility nameplate capacity under the net metering tariff
to one and one-half percent (1.5%) of the most recent summer
peak load of the electricity supplier.
(2) Modify the required reservation of capacity under the limit
described in subdivision (1) to require the reservation of:
(A) forty percent (40%) of the capacity for participation by
residential customers; and
(B) fifteen percent (15%) of the capacity for participation by
customers that install a net metering facility that uses a
renewable energy resource described in IC 8-1-37-4(a)(5).
(b) In amending 170 IAC 4-4.2-4, as required by subsection (a), the
commission may adopt emergency rules in the manner provided by
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the
commission under this section and in the manner provided by
IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
SECTION 30. IC 8-1-40-21, AS ADDED BY P.L.264-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 21. (a) Subject to subsection (b) and sections 10
and 11 of this chapter, after June 30, 2017, the commission's rules and
standards set forth in:
HEA 1211 — CC 1 30
(1) 170 IAC 4-4.2 (concerning net metering); and
(2) 170 IAC 4-4.3 (concerning interconnection);
remain in effect and apply to net metering under an electricity
supplier's net metering tariff and to distributed generation under this
chapter.
(b) After June 30, 2017, the commission may adopt changes under
IC 4-22-2, including emergency rules in the manner provided by
IC 4-22-2-37.1, to the rules and standards described in subsection (a)
only as necessary to:
(1) update fees or charges;
(2) adopt revisions necessitated by new technologies; or
(3) reflect changes in safety, performance, or reliability standards.
Notwithstanding IC 4-22-2-37.1(g), Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the commission under
this subsection and in the manner provided by IC 4-22-2-37.1 expires
on the date on which a rule that supersedes the emergency rule is
adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 31. IC 8-1-40-23, AS ADDED BY P.L.264-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 23. (a) A customer that produces distributed
generation has the following rights regarding the installation and
ownership of distributed generation equipment:
(1) The right to know that the attorney general is authorized to
enforce this section, including by receiving complaints
concerning the installation and ownership of distributed
generation equipment.
(2) The right to know the expected amount of electricity that will
be produced by the distributed generation equipment that the
customer is purchasing.
(3) The right to know all costs associated with installing
distributed generation equipment, including any taxes for which
the customer is liable.
(4) The right to know the value of all federal, state, or local tax
credits or other incentives or rebates that the customer may
receive.
(5) The right to know the rate at which the customer will be
credited for electricity produced by the customer's distributed
generation equipment and delivered to a public utility (as defined
in IC 8-1-2-1).
(6) The right to know if a provider of distributed generation
equipment insures the distributed generation equipment against
damage or loss and, if applicable, any circumstances under which
HEA 1211 — CC 1 31
the provider does not insure against or otherwise cover damage to
or loss of the distributed generation equipment.
(7) The right to know the responsibilities of a provider of
distributed generation equipment with respect to installing or
removing distributed generation equipment.
(b) The attorney general, in consultation with the commission, shall
adopt rules under IC 4-22-2 that the attorney general considers
necessary to implement and enforce this section, including a rule
requiring written disclosure of the rights set forth in subsection (a) by
a provider of distributed generation equipment to a customer. In
adopting the rules required by this subsection, the attorney general may
adopt emergency rules in the manner provided by IC 4-22-2-37.1.
Notwithstanding IC 4-22-2-37.1(g), Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the attorney general
under this subsection and in the manner provided by IC 4-22-2-37.1
expires on the date on which a rule that supersedes the emergency rule
is adopted by the attorney general under IC 4-22-2-24 through
IC 4-22-2-36.
SECTION 32. IC 8-1-40.5-19, AS ADDED BY P.L.80-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 19. The commission shall adopt rules under
IC 4-22-2 to implement this chapter. In adopting the rules required by
this section, the commission may adopt emergency rules in the manner
provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g),
Except as provided in IC 4-22-2-37.1, an emergency rule adopted by
the commission under this section and in the manner provided by
IC 4-22-2-37.1 expires on the date on which a rule that supersedes the
emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
SECTION 33. IC 8-2.1-28-5, AS ADDED BY P.L.218-2017,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. (a) The department may adopt emergency rules
in the manner provided under IC 4-22-2-37.1 to carry out this chapter.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted under subsection (a) expires on the date a rule that supersedes
the emergency rule is adopted by the department under IC 4-22-2-22.5
through IC 4-22-2-36.
SECTION 34. IC 8-15-2-5, AS AMENDED BY P.L.140-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5. The authority may do the following:
(1) Construct, maintain, repair, police, and operate toll road
projects (as defined in this chapter), public improvements, and
HEA 1211 — CC 1 32
arterial streets and roads under section 1 of this chapter and
establish rules for the use of any such toll road project, public
improvement, or arterial street or road.
(2) Issue toll road revenue bonds of the state, payable solely from
an allocation of money from the rural transportation road fund
under IC 8-9.5-8-16 or from revenues or from the proceeds of
bonds issued under this chapter and earnings thereon, or from all
three (3), for the purpose of paying all or any part of the cost of
any one (1) or more toll road projects or for the purpose of
refunding any other toll road revenue bonds.
(3) Establish reserves from the proceeds of the sale of bonds or
from other funds, or both, to secure the payment of the bonds.
(4) Fix and revise from time to time and charge and collect tolls
for transit over each toll road project constructed by it.
(5) Acquire in the name of the state by purchase or otherwise, on
such terms and conditions and in such manner as it may deem
proper, or by the exercise of the right of condemnation in the
manner as provided by this chapter, such public or private lands,
including public parks, playgrounds or reservations, or parts
thereof or rights therein, rights-of-way, property, rights,
easements, and interests, as it may deem necessary for carrying
out the provisions of this chapter. The authority may also:
(A) sell, transfer, and convey any such land or any interest
therein so acquired, or any portion thereof, whether by
purchase, condemnation, or otherwise, and whether such land
or interest therein had been public or private, when the same
shall no longer be needed for such purposes; and
(B) transfer and convey any such lands or interest therein as
may be necessary or convenient for the construction and
operation of any toll road project, or as otherwise required
under the provisions of this chapter to a state agency or
political subdivision.
(6) Designate the locations and establish, limit, and control such
points of ingress to and egress from each toll road project as may
be necessary or desirable in the judgment of the authority to
ensure the proper operation and maintenance of such projects, and
to prohibit entrance to such project from any point not so
designated. The authority shall not grant, for the operation of
transient lodging facilities, either ingress to or egress from any
project, including the service areas thereof on which are located
service stations and restaurants, and including toll plazas and
paved portions of the right-of-way. The authority shall cause to be
HEA 1211 — CC 1 33
erected, at its cost, at all points of ingress and egress, large and
suitable signs facing traffic from each direction on the toll road.
Such signs shall designate the number and other designations, if
any, of all United States or state highways of ingress or egress, the
names of all Indiana municipalities with a population of five
thousand (5,000) or more within a distance of seventy-five (75)
miles on such roads of ingress or egress, and the distance in miles
to such designated municipalities.
(7) Make and enter into all contracts and agreements necessary or
incidental to the performance of its duties and the execution of its
powers under this chapter, IC 8-9.5-8, or IC 8-15.5. When the cost
under any such contract or agreement, other than:
(A) a contract for compensation for personal services;
(B) a contract with the department under IC 8-9.5-8-7;
(C) a lease with the department under IC 8-9.5-8-8; or
(D) a contract, a lease, or another agreement under IC 8-15.5;
involves an expenditure of more than ten thousand dollars
($10,000), the authority shall make a written contract with the
lowest and best bidder after advertisement for not less than two
(2) consecutive weeks in a newspaper of general circulation in
Marion County, Indiana, and in such other publications as the
authority shall determine. Such notice shall state the general
character of the work and the general character of the materials to
be furnished, the place where plans and specifications therefor
may be examined, and the time and place of receiving bids. Each
bid shall contain the full name of every person or company
interested in it and shall be accompanied by a sufficient bond or
certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance of its proposal
secured. The authority may reject any and all bids. A bond with
good and sufficient surety shall be required by the authority of all
contractors in an amount equal to at least fifty percent (50%) of
the contract price, conditioned upon the faithful performance of
the contract. The authority shall require a bid, performance, and
payment bond from a contractor for a project if the estimated cost
of the project is more than two hundred thousand dollars
($200,000). The authority may require a bid, performance, or
payment bond from a contractor for a project if the estimated cost
of the project is not more than two hundred thousand dollars
($200,000).
(8) Employ consulting engineers, superintendents, managers, and
such other engineers, construction and accounting experts, bond
HEA 1211 — CC 1 34
counsel, other attorneys with the approval of the attorney general,
and other employees and agents as may be necessary in its
judgment to carry out the provisions of this chapter, and to fix
their compensation. However, all such expenses shall be payable
solely from the proceeds of toll road revenue bonds issued under
the provisions of this chapter or from revenues.
(9) Receive and accept from any federal agency, subject to
IC 8-23-3, grants for or in aid of the construction of any toll road
project, and receive and accept aid or contributions from any
source of either money, property, labor, or other things of value,
to be held, used, and applied only for the purposes for which such
grants and contributions may be made, and repay any grant to the
authority or to the department from a federal agency if such
repayment is necessary to free the authority from restrictions
which the authority determines to be in the public interest to
remove.
(10) Establish fees, charges, terms, or conditions for any
expenditures, loans, or other form of financial participation in
projects authorized as public improvements on arterial streets and
roads under section 1 of this chapter.
(11) Accept gifts, devises, bequests, grants, loans, appropriations,
revenue sharing, other financing and assistance, and any other aid
from any source and agree to and comply with conditions attached
to the aid.
(12) Accept transfer of a state highway to the authority under
IC 8-23-7-23 and pay the cost of conversion of the state highway
to a toll road project.
(13) Enter into contracts or leases with the department under
IC 8-9.5-8-7 or IC 8-9.5-8-8 and in connection with the contracts
or leases agree with the department for coordination of the
operation and the repair and maintenance of toll road projects and
tollways which are contiguous parts of the same public road,
including joint toll collection facilities and equitable division of
tolls.
(14) Enter into public-private agreements under IC 8-15.5 and do
all acts and things necessary or proper to carry out the purposes
set forth in IC 8-15.5.
(15) Adopt rules under IC 4-22-2-37.1 to make changes to rules
related to a toll road project to accommodate the provisions of a
public-private agreement under IC 8-15.5. Except as provided in
IC 4-22-2-37.1, a rule adopted under this subdivision expires on
the expiration date stated in the rule.
HEA 1211 — CC 1 35
(16) Do all acts and things necessary or proper to carry out this
chapter.
SECTION 35. IC 8-15-2-14, AS AMENDED BY P.L.140-2013,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 14. (a) The authority may do the following:
(1) Fix, revise, charge, and collect tolls for the use of each toll
road project by any person, partnership, association, limited
liability company, or corporation desiring the use of any part
thereof, including the right-of-way adjoining the paved portion
and for placing thereon telephone, telegraph, electric light, or
power lines.
(2) Fix the terms, conditions, and rates of charge for such use,
including assessments for the failure to pay required tolls, subject,
however, to the state's police power.
(3) Collect tolls, user fees, or other charges through manual or
nonmanual methods, including, but not limited to, automatic
vehicle identification systems, electronic toll collection systems,
and, to the extent permitted by law, including rules adopted by the
authority under IC 8-15-2-17.2(a)(10), section 17.2(a)(10) of this
chapter, global positioning systems and photo or video based toll
collection or toll collection enforcement systems.
(4) Adopt rules under IC 4-22-2-37.1 authorizing the use of and
establishing procedures for the implementation of the collection
of user fees by electronic or other nonmanual means under
subdivision (3). Except as provided in IC 4-22-2-37.1, a rule
adopted under this subdivision expires on the expiration date
stated by the authority in the rule.
(b) Notwithstanding subsection (a), no toll or charge shall be made
by the authority under this section or under a public-private agreement
entered into under IC 8-15.5 for:
(1) the operation of temporary lodging facilities located upon or
adjacent to any project, nor may the authority itself operate or
gratuitously permit the operation of such temporary lodging
facilities by other persons without any toll or charge; or
(2) placing in, on, along, over, or under such project, such
telephone, telegraph, electric light or power lines, equipment, or
facilities as may be necessary to serve establishments located on
the project or as may be necessary to interconnect any public
utility facilities on one (1) side of the toll road project with those
on the other side.
(c) All contracts executed by the authority shall be preserved in the
principal office of the authority.
HEA 1211 — CC 1 36
(d) In the case of a toll road project that is not leased to the
department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for
each toll road project so that the aggregate of the tolls from the project,
together with other revenues that are available to the authority without
prior restriction or encumbrance, will at least be adequate to pay:
(1) the cost of operating, maintaining, and repairing the toll road
project, including major repairs, replacements, and
improvements;
(2) the principal of and the interest on bonds issued in connection
with the toll road project, as the principal and interest becomes
due and payable, including any reserve or sinking fund required
for the project; and
(3) the payment of principal of and interest on toll road bonds
issued by the authority in connection with any other toll road
project, including any reserve or sinking fund required for the
project, but only to the extent that the authority provides by
resolution and subject to the provisions of any trust agreement
relating to the project.
(e) Not less than one (1) year before the date that final payment of
all such bonds, interest, and reimbursement is expected by the
chairman of the authority to be completed, the chairman shall notify the
state budget committee in writing of the expected date of final
payment.
(f) Such tolls shall not be subject to supervision or regulation by any
other commission, board, bureau, or agency of the state.
(g) The tolls, rents, and all other revenues derived by the authority
from the toll road project, except those received in accordance with a
public-private agreement under IC 8-15.5, shall be used as follows:
(1) To pay the cost of operating, maintaining, and repairing the
toll road project, including major repairs, replacements, and
improvements, to the extent that those costs are not paid out of
other funds.
(2) To the extent provided for in the resolution authorizing the
issuance of bonds under this chapter or in the trust agreement
securing the bonds, to pay:
(A) the principal of and interest on any bonds as the principal
and interest become due; or
(B) the redemption price or purchase price of the bonds retired
by call or purchase.
(3) Except as prohibited by the resolution authorizing the issuance
of bonds under this chapter or the trust agreement securing them,
for any purpose relating to any toll road project, including the
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subject toll road project, as the authority provides by resolution.
(h) Neither the resolution nor any trust agreement by which a pledge
is created needs to be filed or recorded except in the records of the
authority.
(i) The use and disposition of moneys to the credit of any sinking
fund shall be subject to the provisions of any resolution or resolutions
authorizing the issuance of any bonds or of any trust agreement. Except
as may otherwise be provided in this chapter or in any resolution or any
trust agreement, any sinking fund shall be a fund for all bonds without
distinction or priority of one over another, subject, however, to such
priorities as may arise from prior pledges.
(j) In the case of a toll road project that is leased to the department
under IC 8-9.5-8-8, the lease must require that the department fix tolls
for the toll road project that comply with IC 8-9.5-8-8(c)(6).
(k) User fees (as defined in IC 8-15.5-2-10) for a toll road project
that is subject to a public-private agreement under IC 8-15.5 shall be
set in accordance with IC 8-15.5-7.
SECTION 36. IC 8-15-2-17.2, AS AMENDED BY P.L.140-2013,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 17.2. (a) Notwithstanding IC 9, the authority may
adopt rules:
(1) Establishing weight and size limitations for vehicles using a
toll road project, subject to the following:
(A) The operator of any vehicle exceeding any of the
maximum allowable dimensions or weights as set out by the
authority in rules and regulations shall apply to the authority
in writing, for an application for a special hauling permit,
which application must be in compliance with all the terms
thereof, and which application must be received at least seven
(7) days prior to the time of permitted entry should such permit
be granted. Such permit, if granted, will be returned to the
applicant in duplicate, properly completed and numbered, and
the driver of the vehicle shall have a copy to present to the toll
attendant on duty at the point of entry.
(B) The authority shall assess a fee for issuing a special
hauling permit. In assessing the fee, the authority shall take
into consideration the following factors:
(i) The administrative cost of issuing the permit.
(ii) The potential damage the vehicle represents to the
project.
(iii) The potential safety hazard the vehicle represents.
(2) Establishing the minimum speed that a motor vehicle may be
HEA 1211 — CC 1 38
driven on the interstate defense network of dual highways.
(3) Designating one-way traffic lanes on a toll road project.
(4) Determining the manner of operation of motor vehicles
entering and leaving traffic lanes on a toll road project.
(5) Determining the regulation of U-turns, of crossing or entering
medians, of stopping, parking, or standing, and of passing motor
vehicles on a toll road project.
(6) Determining the establishment and enforcement of traffic
control signs and signals for motor vehicles in traffic lanes,
acceleration and deceleration lanes, toll plazas, and interchanges
on a toll road project.
(7) Determining the limitation of entry to and exit from a toll road
project to designated entrances and exits.
(8) Determining the limitation on use of a toll road project by
pedestrians and aircraft and by vehicles of a type specified in such
rules and regulations.
(9) Regulating commercial activity on a toll road project,
including but not limited to:
(A) the offering or display of goods or services for sale;
(B) the posting, distributing, or displaying of signs,
advertisements, or other printed or written material; and
(C) the operation of a mobile or stationary public address
system.
(10) Establishing enforcement procedures and making
assessments for the failure to pay required tolls. The authority
may adopt rules under this subdivision under IC 4-22-2-37.1.
Except as provided in IC 4-22-2-37.1, a rule under this
subdivision adopted under IC 4-22-2-37.1 expires on the
expiration date stated in the rule.
(b) A person who violates a rule adopted under this section commits
a Class C infraction. However, a violation of a weight limitation
established by the authority under this section is:
(1) a Class B infraction if the total of all excesses of weight under
those limitations is more than five thousand (5,000) pounds but
not more than ten thousand (10,000) pounds; and
(2) a Class A infraction if the total of all excesses of weight under
those limitations is more than ten thousand (10,000) pounds.
(c) It is a defense to the charge of violating a weight limitation
established by the authority under this section that the total of all
excesses of weight under those limitations is less than one thousand
(1,000) pounds.
(d) The court may suspend the registration of a vehicle that violated:
HEA 1211 — CC 1 39
(1) a size or weight limitation established by the authority under
this section; or
(2) a rule adopted under subsection (a)(10);
for a period of not more than ninety (90) days.
(e) Upon the conviction of a person for a violation of a weight or
size limitation established by the authority under this section, the court
may recommend suspension of the person's current chauffeur's license
only if the violation was committed knowingly.
SECTION 37. IC 8-15.5-7-8, AS AMENDED BY P.L.140-2013,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 8. (a) The authority may fix user fees under this
chapter by rule under IC 4-22-2-37.1. Except as provided in
IC 4-22-2-37.1, a rule adopted under this subsection expires on the
expiration date stated in the rule.
(b) Any action to contest the validity of user fees fixed under this
chapter may not be brought after the fifteenth day following the
effective date of a rule fixing the user fees adopted under subsection
(a).
SECTION 38. IC 8-23-5-10, AS AMENDED BY P.L.156-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) The following definitions apply only
throughout this section:
(1) "Communications infrastructure" includes all facilities and
equipment used to provide communications service (as defined in
IC 8-1-32.5-3), including fiber conduit. The term does not include
a vertical structure.
(2) "Dig once program" refers to the dig once broadband corridor
program required under subsection (b).
(3) "Fiber conduit" means protective conduit of a size and
material that is suitable for underground installation of broadband
fiber infrastructure.
(4) "Limited access highway" means any roadway that is under
the jurisdiction and control of the department and that is one (1)
of the following:
(A) An interstate.
(B) A toll road, tollway, or toll bridge.
(C) U.S. 30.
(D) U.S. 31.
(5) "Vertical structure" means a privately owned structure that is
more than one hundred (100) feet above ground and that is used
primarily for providing wireless communications service. The
term includes related equipment associated with the structure,
HEA 1211 — CC 1 40
including air conditioned equipment shelters and rooms,
electronic equipment, and supporting equipment.
(b) Not later than January 1, 2022, the department shall:
(1) implement a dig once broadband corridor program to manage
the location, installation, and maintenance of communications
infrastructure that is used for the provision of broadband services
and is located within highway rights-of-way of limited access
highways; and
(2) adopt policies, procedures, and standards under the dig once
program for required installation of fiber conduit by a public or
private entity that performs an excavation within a limited access
highway right-of-way.
(c) The dig once program shall apply only to locations along or
within a limited access highway right-of-way. The dig once program
shall not apply to the placement of communications infrastructure that
laterally crosses a roadway under the control of the department.
(d) Except as provided in subsection (e), the department shall
impose a fee for the use of communications infrastructure installed and
maintained under subsection (b). The amount of the fee may not be
more than the reasonable fair market value of the use of the highway
right-of-way within the broadband corridor.
(e) Except for portions of a U.S. route that is a limited access
highway under subsection (a)(4), with respect to state routes or U.S.
routes, the department may impose only:
(1) a one (1) time permit application fee for the location or
installation of communications infrastructure that is used for the
provision of broadband services and is placed along or within a
highway right-of-way; and
(2) routine right-of-way permit fees to enter the department's
rights-of-way for the maintenance of existing facilities.
(f) The department shall not unreasonably discriminate with respect
to the following among entities requesting access to broadband
corridors or other department controlled rights-of-way:
(1) Approving applications, issuing permits, or otherwise
establishing terms and conditions for the location, installation,
and maintenance of communications infrastructure used for the
provision of broadband services.
(2) Providing access to rights-of-way, infrastructure, utility poles,
river and bridge crossings, and other physical assets owned,
controlled, or managed by the department.
(3) The type of technology deployed for the provision of
broadband services.
HEA 1211 — CC 1 41
However, nothing in this subsection abrogates or limits the
department's authority under IC 8-23 this article to safely and
efficiently manage and operate the state highway system and associated
highway rights-of-way for the benefit of the traveling public.
(g) The department shall adopt rules under IC 4-22-2, including
emergency rules adopted in the manner provided by IC 4-22-2-37.1, to
establish the policies, procedures, and standards required under
subsection (b) and to otherwise implement this section. Rules or
emergency rules adopted by the department under this subsection must
take effect not later than January 1, 2022. Notwithstanding
IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
emergency rule adopted by the department under this subsection in the
manner provided by IC 4-22-2-37.1 expires on the date a rule that
supersedes the emergency rule is adopted by the department under
IC 4-22-2-24 through IC 4-22-2-36.
SECTION 39. IC 9-17-5-6, AS ADDED BY P.L.81-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) As used in this section, "qualified service
provider" means a person able to provide electronic lien or electronic
title services in coordination with vehicle lienholders and state
departments of motor vehicles.
(b) As used in this section, "qualified vendor" refers to a person with
whom the bureau contracts to:
(1) develop;
(2) implement; and
(3) provide ongoing support with respect to;
a statewide electronic lien and title system under this section.
(c) As used in this section, "statewide electronic lien and title
system" or "system" means a statewide electronic lien and title system
implemented by the bureau under this section to process:
(1) vehicle titles;
(2) certificate of title data in which a lien is notated; and
(3) the notification, maintenance, and release of security interests
in vehicles;
through electronic means instead of paper documents.
(d) Not later than the dates set forth in subsection (h), the bureau
shall implement a statewide electronic lien and title system for the
following purposes:
(1) To facilitate and promote commerce and governmental
transactions by validating and authorizing the use of electronic
records.
(2) To modernize the law and eliminate barriers to electronic
HEA 1211 — CC 1 42
commerce and governmental transactions resulting from
uncertainties related to handwritten and other written materials.
(3) To promote uniformity of the law among the states relating to
the use of electronic and similar technological means of effecting
and performing commercial and governmental transactions.
(4) To promote public confidence in the validity, integrity, and
reliability of electronic commerce and governmental transactions.
(5) To promote the development of the legal and business
infrastructure necessary to implement electronic commerce and
governmental transactions.
(e) The bureau may:
(1) contract with one (1) or more qualified vendors to develop and
implement a statewide electronic lien and title system; or
(2) develop and make available to qualified service providers a
well defined set of information services that will enable secure
access to the data and internal application components necessary
to facilitate the creation of a statewide electronic lien and title
system.
(f) If the bureau elects under subsection (e)(1) to contract with one
(1) or more qualified vendors to develop and implement a statewide
electronic lien and title system, the following apply:
(1) The bureau shall issue a competitive request for proposals to
assess the qualifications of any vendor seeking to develop,
implement, and provide ongoing support for the system. The
bureau may reserve the right to receive input concerning
specifications for the establishment and operation of the system
from parties that do not respond to the bureau's request for
proposals.
(2) A contract entered into between the bureau and a qualified
vendor may not provide for any costs or charges payable by the
bureau to the qualified vendor. The qualified vendor shall
reimburse the bureau for any reasonable and documented costs
incurred by the bureau and directly associated with the
development, implementation, or ongoing support of the system.
(3) Upon implementing a statewide electronic lien and title
system under this section, the qualified vendor may charge
participating lienholders or their agents a fee for each lien
notification transaction provided through the system, in order to
recover the qualified vendor's costs associated with the
development, implementation, and ongoing administration of the
system. A lien notification fee under this subdivision must be
consistent with market pricing and may not exceed three dollars
HEA 1211 — CC 1 43
and fifty cents ($3.50). The qualified vendor may not charge
lienholders or their agents any additional fee for lien releases,
assignments, or transfers. The qualified vendor may not charge a
fee under this subdivision to a state agency or its agents for lien
notification, lien release, lien assignment, or lien transfer. To
recover their costs associated with the lien, participating
lienholders or their agents may charge:
(A) the borrower in a vehicle loan; or
(B) the lessee in a vehicle lease;
an amount equal to any lien notification fee imposed by the
qualified vendor under this subdivision, plus a fee in an amount
not to exceed three dollars ($3) for each electronic transaction in
which a lien is notated.
(4) A qualified vendor may also serve as a qualified service
provider to motor vehicle lienholders if the following conditions
are met:
(A) The contract between the bureau and the qualified vendor
must include provisions specifically prohibiting the qualified
vendor from using information concerning vehicle titles for
any commercial, marketing, business, or other purpose not
specifically contemplated by this chapter.
(B) The contract between the bureau and the qualified vendor
must include an acknowledgment by the qualified vendor that
the qualified vendor is required to enter into agreements to
exchange electronic lien data with any:
(i) qualified service providers that offer electronic lien or
title services in Indiana and that have been approved by the
bureau for participation in the system; and
(ii) qualified service providers that are not qualified vendors.
(C) The bureau must periodically monitor the fees charged by
a qualified vendor that also:
(i) serves as a qualified service provider to lienholders; or
(ii) provides services as a qualified vendor to other qualified
service providers;
to ensure that the qualified vendor is not engaging in predatory
pricing.
(g) If the bureau elects under subsection (e)(2) to develop an
interface to provide qualified service providers secure access to data to
facilitate the creation of a statewide electronic lien and title system, the
following apply:
(1) The bureau shall establish:
(A) the total cost to develop the statewide electronic lien and
HEA 1211 — CC 1 44
title system by July 1, 2021;
(B) qualifications for third party service providers offering
electronic lien services; and
(C) a qualification process to:
(i) evaluate electronic lien and title system technologies
developed by third party service providers; and
(ii) determine whether such technologies comply with
defined security and platform standards.
(2) Not later than February 1, 2022, the bureau shall publish on
the bureau's Internet web site the qualifications established by the
bureau under subdivision (1). A third party service provider that
seeks to become qualified by the bureau under this subsection
must demonstrate the service provider's qualifications, in the form
and manner specified by the bureau, not later than thirty (30) days
after the date of the bureau's publication under this subdivision.
After the elapse of the thirty (30) day period during which third
party service providers may respond to the bureau's publication
under this subdivision, the bureau shall notify each responding
third party service provider as to whether the third party service
provider has met the qualifications established by the bureau
under subdivision (1) and is approved to participate in the
statewide electronic lien and title system.
(3) Not later than thirty (30) days after receiving a notice of
approval from the bureau under subdivision (2), each qualified
service provider shall remit to the bureau a payment in an amount
equal to the total development costs of the system divided by the
total number of qualified service providers participating in the
system.
(4) If a third party service provider that did not:
(A) submit proof of its qualifications under subdivision (2); or
(B) pay initial development costs under subdivision (3);
later wishes to participate in the system, the third party service
provider may apply to the bureau to participate in the system. The
bureau shall allow the third party service provider to participate
in the system if the third party service provider meets the
qualifications established by the bureau under subdivision (1) and
pays to the department the third party service provider's
proportional share of the system development costs.
(5) Each qualified service provider shall remit to the bureau, on
a date prescribed by the bureau, an annual fee established by the
bureau and not to exceed three thousand dollars ($3,000), to be
used for the operation and maintenance of the system.
HEA 1211 — CC 1 45
(6) A contract entered into between the bureau and a qualified
service provider may not provide for any costs or charges payable
by the bureau to the qualified service provider.
(7) Upon the implementation of a statewide electronic lien and
title system under this section, a qualified service provider may
charge participating lienholders or their agents transaction fees
consistent with market pricing. A fee under this subdivision may
not be charged to a state agency or its agents for lien notification,
lien release, lien assignment, or lien transfer.
(8) The contract between the bureau and a qualified service
provider must include provisions specifically prohibiting the
qualified service provider from using information concerning
vehicle titles for any commercial, marketing, business, or other
purpose not specifically contemplated by this chapter.
(h) Subject to subsection (i), the bureau shall implement, and allow
or require the use of, a statewide electronic lien and title system under
this section as follows:
(1) A statewide electronic lien system that is capable of
processing:
(A) certificate of title data in which a lien is notated; and
(B) the notification, maintenance, and release of security
interests in vehicles;
through electronic means must be made available for voluntary
use by vehicle lienholders not later than February 1, 2022.
(2) Subject to subsection (j)(5), the bureau shall require that the
statewide electronic lien system made available under subdivision
(1) be used for processing:
(A) certificate of title data in which a lien is notated; and
(B) the notification, maintenance, and release of security
interests in vehicles;
after June 30, 2022.
(3) A statewide electronic title system capable of processing
vehicle titles through electronic means must be made available for
voluntary use by vehicle dealers, lienholders, and owners not later
than July 1, 2022.
(4) The bureau shall require that the statewide electronic title
system made available under subdivision (3) be used for
processing vehicle titles after June 30, 2023.
(i) Subsection (h) does not prohibit the bureau or any:
(1) qualified vendor with whom the bureau contracts under
subsection (f); or
(2) qualified service provider with whom the bureau contracts
HEA 1211 — CC 1 46
under subsection (g);
from implementing, making available, or requiring the use of a
statewide electronic lien system described in subsection (h)(1) at the
same time as, or in conjunction with, a statewide electronic title system
described in subsection (h)(3), or from implementing, making
available, or requiring the use of a statewide electronic lien system
described in subsection (h)(1) or a statewide electronic title system
described in subsection (h)(3) before the applicable dates otherwise set
forth in subsection (h).
(j) The following apply to the use of a statewide electronic lien
system described in subsection (h)(1):
(1) Notwithstanding section 5(b) of this chapter, if there are one
(1) or more liens or encumbrances on a motor vehicle, the bureau
may electronically transmit the lien to the first lienholder and
notify the first lienholder of any additional liens. Subsequent lien
satisfactions may be electronically transmitted to the bureau and
must include the name and address of the person satisfying the
lien.
(2) Whenever the electronic transmission of lien notifications and
lien satisfactions is used, a certificate of title need not be issued
until the last lien is satisfied and a clear certificate of title can be
issued to the owner of the motor vehicle. The bureau may print or
issue electronically the clear certificate of title to the owner or
subsequent assignee of the motor vehicle.
(3) If a motor vehicle is subject to an electronic lien, the
certificate of title for the motor vehicle is considered to be
physically held by the lienholder for purposes of compliance with
state or federal odometer disclosure requirements.
(4) A certified copy of the bureau's electronic record of a lien is
admissible in any civil, criminal, or administrative proceeding in
Indiana as evidence of the existence of the lien. If a certificate of
title is maintained electronically in a statewide electronic title
system described in subsection (h)(3), a certified copy of the
bureau's electronic record of the certificate of title is admissible
in any civil, criminal, or administrative proceeding in Indiana as
evidence of the existence and contents of the certificate of title.
(5) All individuals and lienholders who conduct at least twelve
(12) lien transactions annually must use the statewide electronic
lien and title system implemented under this section to record
information concerning the perfection and release of a security
interest in a vehicle.
(6) An electronic notice or release of a lien made through the
HEA 1211 — CC 1 47
statewide electronic lien and title system implemented under this
section has the same force and effect as a notice or release of a
lien made on a paper document.
(7) The bureau may convert an existing paper lien to an electronic
lien upon request of the primary lienholder. The bureau, or a third
party contracting with the bureau under this section, is authorized
to collect a fee not to exceed three dollars ($3) for each
conversion performed under this subdivision. A fee under this
subdivision may not be charged to a state agency or its agents.
(8) Notwithstanding section 5 of this chapter, any requirement
that a security interest or other information appear on a certificate
of title is satisfied by the inclusion of that information in an
electronic file maintained in an electronic title system.
(k) Nothing in this section precludes the bureau from collecting a
title fee for the preparation and issuance of a title.
(l) The bureau may adopt rules under IC 4-22-2 to implement this
section, including emergency rules in the manner provided by
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the bureau
under this subsection and in the manner provided by IC 4-22-2-37.1
expires on the date on which a rule that supersedes the emergency rule
is adopted by the bureau under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 40. IC 9-20-1-5, AS ADDED BY P.L.198-2016,
SECTION 338, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 5. The Indiana department of
transportation shall adopt emergency rules in the manner provided
under IC 4-22-2-37.1 for the:
(1) issuance, fee structure, and enforcement of permits for
overweight divisible loads;
(2) fee structure of permits for loads on extra heavy duty
highways; and
(3) fee structure of permits for overweight loads.
Except as provided in IC 4-22-2-37.1, a rule adopted under this
section expires only with the adoption of a new superseding rule.
SECTION 41. IC 9-30-6-5.5, AS AMENDED BY P.L.40-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 5.5. (a) Notwithstanding IC 4-22-2, to implement
P.L.1-2000, the director of the department of toxicology of the Indiana
University School of Medicine may adopt a rule required under section
5 of this chapter, section 6 of this chapter, or both in the manner
provided for emergency rules under IC 4-22-2-37.1.
(b) A rule adopted under this section is effective when it is filed
HEA 1211 — CC 1 48
with the secretary of state and, except as provided in IC 4-22-2-37.1,
expires on the latest of the following:
(1) The date that the director adopts another emergency rule
under this section to amend, repeal, or otherwise supersede the
previously adopted emergency rule.
(2) The date that the director adopts a permanent rule under
IC 4-22-2 to amend, repeal, or otherwise supersede the previously
adopted emergency rule.
(3) July 1, 2001.
(c) For the purposes of IC 9-30-7-4, IC 14-15-8-14 (before its
repeal), IC 35-46-9, and other statutes, the provisions of a rule adopted
under this section shall be treated as a requirement under section 5 of
this chapter, section 6 of this chapter, or both as appropriate.
SECTION 42. IC 12-13-16-13, AS ADDED BY P.L.73-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The office of the secretary may adopt rules
under IC 4-22-2 necessary to implement this chapter.
(b) The office of the secretary may adopt emergency rules under
IC 4-22-2-37.1 to implement this chapter on an emergency basis.
(c) Except as provided in IC 4-22-2-37.1, an emergency rule or an
amendment to an emergency rule adopted under this section expires not
later than one (1) year after the rule is accepted for filing under
IC 4-22-2-37.1(e). IC 4-22-2-37.1(f).
SECTION 43. IC 13-14-8-1, AS AMENDED BY P.L.140-2013,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) The board may:
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in
IC 4-22-2 and IC 13-14-9.
(b) The board may adopt an emergency rule under IC 4-22-2-37.1
to comply with a deadline required by or other date provided by federal
law if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency
rule is in effect are reviewed after the emergency rule expires.
Except as provided in IC 4-22-2-37.1, an emergency rule adopted
under this subsection may be extended for two (2) extension periods by
adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does
not apply to an emergency rule adopted under this subsection.
HEA 1211 — CC 1 49
SECTION 44. IC 13-14-9-4, AS AMENDED BY P.L.218-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) The department shall provide notice in the
Indiana Register of the second public comment period required by
section 2 of this chapter. A notice provided under this section must do
the following:
(1) Contain the full text of the proposed rule, to the extent
required under IC 4-22-2-24(c).
(2) Contain a summary of the response of the department to
written comments submitted under section 3 of this chapter
during the first public comment period.
(3) Request the submission of comments, including suggestions
of specific amendments to the language contained in the proposed
rule.
(4) Contain the full text of the commissioner's written findings
under section 7 of this chapter, if applicable.
(5) Identify each element of the proposed rule that imposes a
restriction or requirement on persons to whom the proposed rule
applies that:
(A) is more stringent than a restriction or requirement imposed
under federal law; or
(B) applies in a subject area in which federal law does not
impose a restriction or requirement.
(6) With respect to each element identified under subdivision (5),
identify:
(A) the environmental circumstance or hazard that dictates the
imposition of the proposed restriction or requirement to
protect human health and the environment;
(B) examples in which federal law is inadequate to provide the
protection referred to in clause (A); and
(C) the:
(i) estimated fiscal impact; and
(ii) expected benefits;
based on the extent to which the proposed rule is more
stringent than the restrictions or requirements of federal law,
or on the creation of restrictions or requirements in a subject
area in which federal law does not impose restrictions or
requirements.
(7) For any element of the proposed rule that imposes a restriction
or requirement that is more stringent than a restriction or
requirement imposed under federal law or that applies in a subject
area in which federal law does not impose restrictions or
HEA 1211 — CC 1 50
requirements, describe the availability for public inspection of all
materials relied upon by the department in the development of the
proposed rule, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data;
(F) analyses of methods to effectively implement the proposed
rule; and
(G) other background data.
(8) Identify whether the proposed rule imposes a penalty, fine,
or other similar negative impact on a person or business, and
if so, contain a written description of the penalty, fine, or
other similar negative impact, and why the penalty, fine, or
other similar negative impact is considered necessary.
(b) The notice required under subsection (a):
(1) shall be published electronically in the Indiana Register under
procedures established by the publisher; and
(2) if any element of the proposed rule to which the notice relates
imposes a restriction or requirement that is more stringent than a
restriction or requirement imposed under federal law, shall be
submitted in an electronic format under IC 5-14-6 to the executive
director of the legislative services agency, who shall present the
notice to the legislative council established by IC 2-5-1.1-1; and
(3) if the proposed rule imposes a penalty, fine, or other
similar negative impact on a person or business as described
in subsection (a)(8), shall be submitted by the publisher, in an
electronic format to:
(A) each member of the standing committee or standing
committees that have subject matter jurisdiction most
closely relating to the subject matter of the rule;
(B) the governor; and
(C) the office of management and budget.
(c) If the notice provided by the department concerning a proposed
rule identifies, under subsection (a)(5), an element of the proposed rule
that imposes a restriction or requirement more stringent than a
restriction or requirement imposed under federal law, the proposed rule
shall not become effective under this chapter until the adjournment sine
die of the regular session of the general assembly that begins after the
department provides the notice.
(d) Subsections (b)(2) and (c) do not prohibit or restrict the
HEA 1211 — CC 1 51
commissioner, the department, or the board from:
(1) adopting emergency rules under IC 4-22-2-37.1;
(2) taking emergency action under IC 13-14-10; or
(3) temporarily:
(A) altering ordinary operating policies or procedures; or
(B) implementing new policies or procedures;
in response to an emergency situation.
SECTION 45. IC 13-14-9.5-1.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1.1. (a) This section
applies to the following:
(1) A rule that is required to receive or maintain:
(A) delegation;
(B) primacy; or
(C) approval;
for state implementation or operation of a program established
under federal law.
(2) A rule that is required to begin or continue receiving federal
funding for the implementation or operation of a program.
(b) A rule described in subsection (a) does not expire under this
chapter.
(c) In the seventh fourth year after the effective date of a rule or an
amendment to a rule described in subsection (a), the department shall
publish a notice in the Indiana Register. The notice may contain a list
of several rules that have been effective for seven (7) four (4) years. A
separate notice must be published for each board with rulemaking
authority. A notice under this subsection must provide for the
following:
(1) A written comment period of at least thirty (30) days.
(2) A request for comments on specific rules that should be
reviewed through the regular rulemaking process under
IC 13-14-9.
(3) A notice of public hearing before the appropriate board.
(4) The information required to be identified or described under
IC 13-14-9-4(5) IC 13-14-9-4(a)(5) through IC 13-14-9-4(7)
IC 13-14-9-4(a)(8) in the same manner that would apply if the
proposed renewal of the expired rule were a proposal to adopt a
new rule.
(d) The department shall:
(1) prepare responses to all comments received during the
comment period; and
(2) provide all comments and responses to the board during the
public board hearing;
HEA 1211 — CC 1 52
described in subsection (c).
(e) The board, after considering the written comments and
responses, as well as testimony at the public hearing described in
subsection (c), shall direct the department on whether additional
rulemaking actions must be initiated to address concerns raised to the
board.
(f) For the rules described in subsection (a) that are effective on or
before:
(1) July 1, 2001, the notice described in subsection (c) shall be
published in the Indiana Register before December 31, 2008; or
(2) July 1, 2022, the notice described in subsection (c) shall be
published in the Indiana Register not later than June 30, 2026.
SECTION 46. IC 13-14-9.5-2, AS AMENDED BY P.L.215-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) Except as provided in subsection (b) or
section 1.1 of this chapter, an administrative rule adopted under
IC 13-14-9 expires January 1 of the seventh year after the year in which
the rule takes effect, unless the rule contains an earlier expiration date.
The expiration date of a rule under this section is extended each time
that a rule amending an unexpired rule takes effect. The rule, as
amended, expires on January 1 of the seventh year after the year in
which the amendment takes effect.
(b) An administrative rule that:
(1) was adopted under a provision of IC 13 that has been repealed
by a recodification of IC 13;
(2) is in force on December 31, 1995; and
(3) is not amended by a rule that takes effect after December 31,
1995, and before January 1, 2002;
expires not later than January 1, 2002.
(c) The determination of whether an administrative rule expires
under this chapter shall be applied at the level of an Indiana
Administrative Code section.
SECTION 47. IC 13-14-9.5-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) Except as provided in
subsection (b) or section 1.1 of this chapter, an administrative rule
adopted under IC 13-14-9 expires July 1 of the fourth year after
the year in which the rule takes effect, unless the rule contains an
earlier expiration date. The expiration date of a rule under this
section is extended each time that a rule amending an unexpired
rule takes effect. The rule, as amended, expires on July 1 of the
fourth year after the year in which the amendment takes effect.
HEA 1211 — CC 1 53
(b) This subsection applies to an administrative rule that:
(1) was adopted under IC 4-22-2 or IC 13-14-9, or readopted
under IC 4-22-2.5 or this chapter after December 31, 2015,
and before January 1, 2020; and
(2) is in force on June 30, 2022.
The expiration date of a rule described in this subsection is
extended under this subsection if the agency intends to readopt the
rule. The rule expires on July 1, 2024.
SECTION 48. IC 13-14-9.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The department
or a board that has rulemaking authority under this title may adopt a
rule under IC 13-14-9 in anticipation of a rule's expiration under this
chapter.
(b) Except as provided in section 5 of this chapter, the department
or a board that has rulemaking authority under this title may not use
emergency rule procedures to readopt a rule that is subject to expiration
under this chapter.
(c) This subsection applies to a rule that expires under this
chapter after June 30, 2024. Subject to subsection (f), before the
department or a board that has rulemaking authority under this
title may readopt a rule under this section, and not later than
January 1 of the third year after the year in which the rule most
recently took effect, the department or board shall provide notice
of the pending readoption of the rule to the publisher. At the same
time the agency provides notice of the pending readoption of the
rule, the agency shall submit:
(1) a copy of the rule;
(2) any economic impact statement prepared concerning the
rule; and
(3) if the rule imposes a penalty, fine, or other similar negative
impact on a person or business, a written description of the
penalty, fine, or other similar negative impact, and why the
penalty, fine, or other similar negative impact is considered
necessary.
(d) The publisher shall provide a copy of any materials
submitted under subsection (c) in an electronic format to:
(1) each member of the standing committee or standing
committees that have subject matter jurisdiction most closely
relating to the subject matter of the rule;
(2) the governor; and
(3) the office of management and budget.
(e) The publisher shall publish the materials submitted under
HEA 1211 — CC 1 54
subsection (c) in the Indiana Register.
(f) If the department or a board that has rulemaking authority
under this title intends to readopt a rule described in section 2.1(b)
of this chapter, the department or board shall submit the materials
under subsection (c) not later than January 1, 2023.
SECTION 49. IC 13-14-9.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. If a rule is not
readopted and the governor finds that the failure to readopt the rule
causes an emergency to exist, the governor may, by executive order
issued before the rule's expiration date, postpone the expiration date of
the rule until a date that is one (1) year after the date specified in
section 2 2.1 of this chapter.
SECTION 50. IC 13-15-4-3, AS AMENDED BY P.L.140-2013,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) A board may adopt a rule under IC 4-22-2
that changes a period described under section 1 of this chapter within
which the commissioner must approve or deny an application:
(1) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts a
regulation;
that imposes a new requirement concerning a class of applications
that makes it infeasible for the commissioner to approve or deny
the application within the period;
(2) if:
(A) the general assembly enacts a statute;
(B) a board adopts a rule; or
(C) the federal government enacts a statute or adopts a
regulation;
that establishes a new permit program for which a period is not
described under section 1 of this chapter; or
(3) if some other significant factor concerning a class of
applications makes it infeasible for the commissioner to approve
or deny the application within the period.
(b) A board may adopt a rule described in subsection (a) as an
emergency rule under IC 4-22-2-37.1, if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency
rule is in effect are reviewed after the emergency rule expires.
If a board adopts an emergency rule under this subsection, the period
described in section 1 of this chapter is suspended during the
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emergency rulemaking process. Except as provided in
IC 4-22-2-37.1, an emergency rule adopted under this subsection may
be extended for two (2) extension periods by adopting another
emergency rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not
apply to an emergency rule adopted under this subsection.
SECTION 51. IC 16-31-3-24, AS ADDED BY P.L.77-2012,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 24. The commission may implement a
certification program for emergency services personnel regulated by
the commission through emergency rules adopted under
IC 4-22-2-37.1. Except as provided in IC 4-22-2-37.1, an emergency
rule adopted under this section expires on the later of the following:
(1) July 1, 2014.
(2) The date permanent rules are adopted to replace the
emergency rules.
SECTION 52. IC 16-42-5-0.3, AS ADDED BY P.L.220-2011,
SECTION 323, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 0.3. (a) The state department of
health may adopt rules establishing the initial schedule of civil
penalties required under section 28 of this chapter, as added by
P.L.266-2001, at any time after May 11, 2001, in the manner provided
for the adoption of emergency rules under IC 4-22-2-37.1. Except as
provided in IC 4-22-2-37.1, an emergency rule adopted under this
section expires on the later of:
(1) the date permanent rules are adopted to replace the emergency
rules; or
(2) July 1, 2003.
(b) A corporation or local health department that, before January 1,
2001, adopted monetary penalties for the violation of any state or local
law or rule concerning food handling or food establishments may
continue to enforce those locally prescribed monetary penalties
(including the issuance of tickets or citations authorized by local law)
and deposit the amounts collected as prescribed by local law until the
later of:
(1) the date permanent rules are adopted establishing the schedule
of civil penalties required under section 28 of this chapter, as
added by P.L.266-2001; or
(2) July 1, 2003.
SECTION 53. IC 20-49-10-13, AS ADDED BY P.L.211-2018(ss),
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. (a) The state board, in consultation with the
secured school safety board, may adopt:
HEA 1211 — CC 1 56
(1) rules under IC 4-22-2; or
(2) emergency rules under IC 4-22-2-37.1;
necessary to implement this chapter.
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted by the state board under this section expires on the earlier of
the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2.
SECTION 54. IC 22-13-2-11.5, AS AMENDED BY P.L.249-2019,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 11.5. (a) As used in this section, "NFPA 72" refers
to NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition,
published by the National Fire Protection Association, 1 Batterymarch
Park, Quincy, Massachusetts 02169-7471.
(b) It is the intent of the general assembly that NFPA 72, as may be
amended by the commission under subsection (c), be incorporated into
the Indiana Administrative Code. Not later than July 1, 2014, the
commission shall adopt rules under IC 4-22-2 to amend 675
IAC 28-1-28 to incorporate NFPA 72 into the Indiana Administrative
Code, subject to subsection (c)(1) and (c)(2). The commission may
adopt emergency rules in the manner provided under IC 4-22-2-37.1 to
comply with this subsection. Except as provided in IC 4-22-2-37.1,
an emergency rule adopted by the commission under IC 4-22-2-37.1 to
comply with this subsection expires on the date a rule that supersedes
the emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36.
(c) In adopting rules to incorporate NFPA 72 into the Indiana
Administrative Code, as required by subsection (b), the commission
may amend NFPA 72 as the commission considers appropriate.
However, the rules finally adopted by the commission to comply with
this section must do the following:
(1) Incorporate the definition of, and associated requirements for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
as set forth in NFPA 72.
(2) Allow digital alarm communicator systems that make use of
a managed facilities-based voice network (MFVN) to transmit
signals from a fire alarm system to an offsite monitoring facility,
subject to the requirements for those systems set forth in NFPA
72.
(d) If the commission does not comply with subsection (b), the
HEA 1211 — CC 1 57
following apply on July 1, 2014:
(1) The definition of, and associated requirements for:
(A) a managed facilities-based voice network (MFVN); and
(B) a public switched telephone network (PSTN);
as set forth in NFPA 72, are considered incorporated into the
Indiana Administrative Code. Any provisions of 675 IAC 28-1-28
(or any rules adopted by a state agency, or any ordinances or other
regulations adopted by a political subdivision) that conflict with
the definitions and requirements described in this subdivision are
superseded by the definitions and requirements described in this
subdivision. This subdivision continues to apply until the
commission adopts rules that amend 675 IAC 28-1-28 to
incorporate NFPA 72 into the Indiana Administrative Code and
that comply with subsection (c)(1) and (c)(2).
(2) A person that after June 30, 2014, installs or uses a digital
alarm communicator system that:
(A) makes use of a managed facilities-based voice network
(MFVN) to transmit signals from a fire alarm system to an
offsite monitoring facility; and
(B) meets the requirements for such a system set forth in
NFPA 72;
is not required to obtain a variance under section 11 of this
chapter for the installation or use.
SECTION 55. IC 24-4.4-1-101, AS AMENDED BY P.L.129-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 101. (a) This article shall be known and may be
cited as the First Lien Mortgage Lending Act.
(b) Notwithstanding any other provision of this article or IC 24-4.5,
but except as provided in IC 4-22-2-37.1, the department may adopt
emergency rules under IC 4-22-2-37.1, to remain effective until
codified in the Indiana Code, in order to provide for a system of
licensing creditors and mortgage loan originators that meets the
requirements of:
(1) the Secure and Fair Enforcement for Mortgage Licensing Act
of 2008 (H.R. 3221 Title V) and the interpretations of that Act
issued by the Secretary of Housing and Urban Development and
the Consumer Financial Protection Bureau; and
(2) the subsequent amendment of the Secure and Fair
Enforcement for Mortgage Licensing Act of 2008 by the
Economic Growth, Regulatory Relief, and Consumer Protection
Act (P.L. 115-174, 132 Stat. 1296).
SECTION 56. IC 24-4.5-1-106, AS AMENDED BY P.L.85-2020,
HEA 1211 — CC 1 58
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 106. (1) The dollar amounts in this article
designated as subject to change shall change, as provided in this
section, according to the Consumer Price Index for Urban Wage
Earners and Clerical Workers: U.S. City Average, All Items, 1957-59
equals 100, compiled by Bureau of Labor Statistics, United States
Department of Labor, and referred to in this section as the Index. The
Index for October, 1971, is the Reference Base Index.
(2) The dollar amounts shall change on January 1 of each
odd-numbered year if the percentage of change, calculated to the
nearest whole percentage point, between the Index at the end of the
preceding odd-numbered year and the Reference Base Index is ten
percent (10%) or more, except that:
(a) the portion of the percentage change in the Index in excess of
a multiple of ten percent (10%) shall be disregarded and the
dollar amounts shall change only in multiples of ten percent
(10%) of the amounts on March 5, 1971;
(b) the dollar amounts shall not change if the amounts required by
this section are those currently in effect pursuant to this article as
a result of earlier application of the section; and
(c) in no event shall the dollar amounts be reduced below the
amounts appearing in this article on March 5, 1971.
(3) If the Index is revised after December 1967, the percentage of
change shall be calculated on the basis of the revised Index. If the
revision of the Index changes the Reference Base Index, a revised
Reference Base Index shall be determined by multiplying the
Reference Base Index by the ratio of the revised Index to the current
Index, as each was for the first month in which the revised Index is
available. If the Index is superseded, the Index is the one represented
by the Bureau of Labor Statistics as reflecting most accurately changes
in the purchasing power of the dollar for consumers.
(4) The department shall issue an emergency rule under
IC 4-22-2-37.1 announcing:
(a) sixty (60) days before January 1 of each odd-numbered year
in which dollar amounts are to change, the changes in dollar
amounts required by subsection (2); and
(b) promptly after the changes occur, changes in the Index
required by subsection (3), including, when applicable, the
numerical equivalent of the Reference Base Index under a revised
Reference Base Index and the designation or title of any index
superseding the Index.
Except as provided in IC 4-22-2-37.1, an emergency rule adopted
HEA 1211 — CC 1 59
under this subsection expires on the date the department is next
required to issue a rule under this subsection.
(5) A person does not violate this article through a transaction
otherwise complying with this article if the person relies on dollar
amounts either determined according to subsection (2) or appearing in
the last rule of the department announcing the then current dollar
amounts.
SECTION 57. IC 24-4.5-6-107, AS AMENDED BY P.L.137-2014,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 107. (1) Except as otherwise provided,
IC 4-21.5-3 governs all agency action taken by the department under
this chapter or IC 24-4.5-3-501 through IC 24-4.5-3-513. All
proceedings for administrative review under IC 4-21.5-3 or judicial
review under IC 4-21.5-5 shall be held in Marion County. The
provisions of IC 4-22-2 prescribing procedures for the adoption of rules
by agencies apply to the adoption of rules by the department of
financial institutions under this article. However, if the department
declares an emergency in the document containing the rule, the
department may adopt rules permitted by this chapter under
IC 4-22-2-37.1.
(2) Except as provided in IC 4-22-2-37.1, a rule under subsection
(1) adopted under IC 4-22-2-37.1 expires on the date the department
next adopts a rule under the statute authorizing or requiring the rule.
SECTION 58. IC 24-5-26.5-13, AS ADDED BY P.L.176-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 13. The attorney general may adopt rules under
IC 4-22-2, including emergency rules in the manner provided under
IC 4-22-2-37.1, to carry out this chapter. Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the attorney general
under this section expires on the earlier of the following dates:
(1) The expiration date in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
IC 4-22-2-37.1.
SECTION 59. IC 24-14-10-3, AS ADDED BY P.L.281-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. The attorney general may adopt rules under
IC 4-22-2 to implement this article, including emergency rules in the
manner provided by IC 4-22-2-37.1. Notwithstanding
IC 4-22-2-37.1(g), Except as provided in IC 4-22-2-37.1, an
emergency rule adopted by the attorney general under this section and
in the manner provided by IC 4-22-2-37.1 expires on the date on which
HEA 1211 — CC 1 60
a rule that supersedes the emergency rule is adopted by the attorney
general under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 60. IC 25-1-1.1-6, AS AMENDED BY P.L.90-2019,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 6. (a) This section applies to a license or
certificate under this title that is in effect on July 1, 2018, or created on
or established after that date.
(b) As used in this section, "crime" has the meaning set forth in
IC 33-23-1-4.
(c) As used in this section, "criminal history information" has the
meaning set forth in IC 5-2-4-1.
(d) Not later than November 1, 2018, a board, commission, or
committee shall revise its licensing or certification requirements to the
extent necessary to explicitly list the crimes that may disqualify an
individual from receiving a license or certificate under this title. The
board, commission, or committee may not:
(1) use nonspecific terms, such as moral turpitude or good
character, as a licensing or certification requirement; or
(2) consider an arrest that does not result in a conviction.
(e) A board's, commission's, or committee's use of an individual's
conviction of a crime as a conviction of concern is limited to a crime
directly related to the duties and responsibilities of the occupation or
profession for which the individual is applying for or holds a license or
certification.
(f) If an individual has a conviction of concern, the period of
disqualification may not exceed five (5) years after the date of the
conviction, unless the individual:
(1) was convicted of a crime of violence (as defined by
IC 35-50-1-2(a));
(2) was convicted of an offense relating to a criminal sexual act
(as defined by IC 35-31.5-2-216); or
(3) is convicted of a second or subsequent crime during the
disqualification period.
(g) An individual having a conviction of concern may at any time
petition a board, commission, or committee requiring a license or
certificate for a determination as to whether the individual's conviction
of concern will disqualify the individual from receiving the license or
certification. An individual filing a petition under this subsection shall
submit the following:
(1) At no expense to the state, a national criminal background
check by the Federal Bureau of Investigation.
(2) Any additional information requested by the board,
HEA 1211 — CC 1 61
commission, or committee to assist the board, commission, or
committee in its review of the individual's petition.
(h) If an individual has a conviction of concern, the board,
commission, or committee shall consider the following in determining
whether to deny a license or certification to the individual based on the
following factors:
(1) The nature and seriousness of the crime for which the
individual was convicted.
(2) The passage of time since the commission of the crime.
(3) The relationship of the crime to the ability, capacity, and
fitness required to perform the duties and discharge the
responsibilities of the occupation.
(4) Evidence of rehabilitation or treatment undertaken by the
individual that might mitigate against a direct relation to the
ability, capacity, and fitness required to perform the duties and
discharge the responsibilities of the occupation.
(i) If a board, commission, or committee determines an individual's
conviction of concern disqualifies the individual from receiving a
license or certification solely or in part because of the individual's
criminal history, the board, commission, or committee shall notify the
individual in writing of the following:
(1) The grounds and reasons for the denial or disqualification.
(2) The individual has the right to a hearing to challenge the
licensing authority's decision.
(3) The earliest date the individual may reapply for a license or
certification or the earliest date the individual can petition the
board, commission, or committee for a review.
(4) Evidence of rehabilitation may be considered upon
reapplication.
(5) Findings for each of the factors specified in subdivisions (1)
through (4).
Any written determination that an individual's criminal history contains
a conviction of concern that merits the denial of a license must be
documented in written findings under subdivision (1) by clear and
convincing evidence sufficient for review by a court. In an
administrative hearing or a civil action reviewing the denial of a
license, a board, commission, or committee has the burden of proof on
the question of whether the individual's criminal history, based on the
standards provided in subsection (h), should lead to the denial of a
license.
(j) The board, commission, or committee shall inform the individual
of its determination concerning the individual's petition not later than
HEA 1211 — CC 1 62
sixty (60) days after the petition, criminal history information, and any
other information requested under subsection (g) is received by the
board, commission, or committee.
(k) The board, commission, or committee may charge a fee
established under IC 25-1-8 that does not exceed twenty-five dollars
($25) to pay its costs of reviewing a petition filed under subsection (g).
(l) A board, commission, or committee may adopt rules under
IC 4-22-2 to implement this section, including emergency rules under
IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the board,
commission, or committee under this section and in the manner
provided by IC 4-22-2-37.1 expires on the date on which a rule that
supersedes the emergency rule is adopted by the board, commission, or
committee under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 61. IC 25-2.1-2-16, AS ADDED BY P.L.25-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 16. (a) The board may adopt a rule under
IC 4-22-2-37.1 to incorporate by reference into a rule the latest
statement, edition, or compilation of the professional standards
governing the competent practice of accountancy that are:
(1) enacted in a federal or state statute, rule, or regulation; or
(2) adopted by an agent of the United States, a state, or a
nationally recognized organization or association, including the
AICPA, the International Accounting Standards Board, and the
Public Company Accounting Oversight Board.
(b) The board may, by resolution, authorize the executive director
of the Indiana professional licensing agency to adopt one (1) or more
rules described in subsection (a) on behalf of the board. The
authorization may be limited as determined by the board. The board
may revise or terminate an authorization by resolution. The executive
director of the Indiana professional licensing agency shall adopt rules
under IC 4-22-2-37.1 in conformity with the resolution adopted by the
board. A rule adopted on behalf of the board by the executive director
must:
(1) be signed by the executive director;
(2) specify on the signature page that the executive director is
acting on behalf of the board; and
(3) be submitted to the publisher of the Indiana Register under
IC 4-22-2-37.1 with a copy of the resolution authorizing the
rulemaking.
A rule adopted by the executive director in conformity with this
subsection shall be treated as a rule of the board.
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(c) Except as provided in IC 4-22-2-37.1, a rule described in
subsection (a) or (b) expires on the later of the date:
(1) specified in the rule; or
(2) that another rule becomes effective that amends or repeals the
previously issued rule.
SECTION 62. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
subsection (c), a pharmacy technician may administer an influenza or
coronavirus disease immunization to an individual under a drug order
or prescription.
(b) Subject to rules adopted under subsection (c), a pharmacy
technician may administer an influenza or coronavirus disease
immunization to an individual or a group of individuals under a drug
order, under a prescription, or according to a protocol approved by a
physician.
(c) The board shall adopt rules under IC 4-22-2 to establish
requirements applying to a pharmacy technician who administers an
influenza or coronavirus disease immunization to an individual or
group of individuals. The rules adopted under this section must provide
for the direct supervision of the pharmacy technician by a pharmacist,
a physician, a physician assistant, or an advanced practice registered
nurse. Before July 1, 2021, the board shall adopt emergency rules
under IC 4-22-2-37.1 to establish the requirements described in this
subsection concerning the influenza immunization and the coronavirus
disease immunization. Notwithstanding IC 4-22-2-37.1(g), Except as
provided in IC 4-22-2-37.1, an emergency rule adopted by the board
under this subsection and in the manner provided by IC 4-22-2-37.1
expires on the date on which a rule that supersedes the emergency rule
is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
(d) The board must approve all programs that provide training to
pharmacy technicians to administer influenza and coronavirus disease
immunizations as permitted by this section.
SECTION 63. IC 25-26-14-32, AS ADDED BY P.L.180-2018,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 32. (a) The board shall adopt rules under
IC 4-22-2, including emergency rules adopted in the manner provided
under IC 4-22-2-37.1, to establish requirements for a third party
logistics license, license fees, and other relevant matters consistent with
the Drug Supply Chain Security Act (21 U.S.C. 360eee et seq.).
(b) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted by the board under this section expires on the date the
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emergency rule is amended or repealed by a later rule adopted under
IC 4-22-2-22.5 through IC 4-22-2-36.
SECTION 64. IC 25-34.1-11-15.5, AS ADDED BY P.L.15-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 15.5. (a) This section applies to an appraisal
management company that qualifies as an appraisal management
company under 12 U.S.C. 3350(11).
(b) As used in this section, "Appraisal Subcommittee" refers to the
Appraisal Subcommittee of the Federal Financial Institutions
Examination Council.
(c) As used in this section, "covered transaction" has the meaning
set forth in the federal interagency AMC Rule (12 CFR 34.210-34.216;
12 CFR 225.190-225.196; 12 CFR 323.8-323.14; 12 CFR
1222.20-1222.26).
(d) As used in this section, "performed an appraisal", with respect
to a real estate appraiser and an appraisal management company,
means the appraisal service requested of the real estate appraiser by the
appraisal management company was provided to the appraisal
management company.
(e) An appraisal management company to which this section applies
shall pay to the board the annual AMC registry fee, as established by
the Appraisal Subcommittee, as follows:
(1) In the case of an appraisal management company that has been
in existence for more than one (1) year, twenty-five dollars ($25)
multiplied by the number of real estate appraisers who have
performed an appraisal for the appraisal management company in
connection with a covered transaction in Indiana during the
previous year.
(2) In the case of an appraisal management company that has not
been in existence for more than one (1) year, twenty-five dollars
($25) multiplied by the number of real estate appraisers who have
performed an appraisal for the appraisal management company in
connection with a covered transaction in Indiana since the
appraisal management company commenced doing business.
(f) The AMC registry fee required by this section is in addition to
the registration fee required by section 15 of this chapter.
(g) The board shall transmit the AMC registry fees collected under
this section to the Appraisal Subcommittee on an annual basis. For
purposes of this subsection, the board may align a one (1) year period
with any twelve (12) month period, which may or not may not be based
on the calendar year. Only those appraisal management companies
whose registry fees have been transmitted to the Appraisal
HEA 1211 — CC 1 65
Subcommittee will be eligible to be on the AMC Registry (as defined
in 12 U.S.C. 1102.401(a)).
(h) Upon recommendations of the board under IC 25-34.1-8-6.5, the
commission may do the following:
(1) Adopt rules under IC 4-22-2 to implement this section.
(2) Amend rules adopted under this subsection as necessary to
conform the annual AMC registry fee required by this section
with the AMC registry fee established by the Appraisal
Subcommittee.
In adopting or amending a rule under this subsection, the commission
may adopt emergency rules in the manner provided by IC 4-22-2-37.1.
Notwithstanding IC 4-22-2-37.1(g), Except as provided in
IC 4-22-2-37.1, an emergency rule adopted by the commission under
this subsection and in the manner provided by IC 4-22-2-37.1 expires
on the date on which a rule that supersedes the emergency rule is
adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
SECTION 65. IC 34-55-10-2.5, AS AMENDED BY P.L.140-2013,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2.5. (a) The department of financial institutions
shall adopt a rule under IC 4-22-2 establishing the amount for each
exemption under section 2(c)(1) through 2(c)(3) of this chapter to take
effect not earlier than January 1, 2010, and not later than March 1,
2010.
(b) The department of financial institutions shall adopt a rule under
IC 4-22-2 establishing new amounts for each exemption under section
2(c)(1) through 2(c)(3) of this chapter every six (6) years after
exemption amounts are established under subsection (a). The rule
establishing new exemption amounts under this subsection must take
effect not earlier than January 1 and not later than March 1 of the sixth
calendar year immediately following the most recent adjustments to the
exemption amounts.
(c) The department of financial institutions shall determine the
amount of each exemption under subsections (a) and (b) based on
changes in the Consumer Price Index for All Urban Consumers,
published by the United States Department of Labor, for the most
recent six (6) year period.
(d) The department of financial institutions shall round the amount
of an exemption determined under subsections (a) and (b) to the
nearest fifty dollars ($50).
(e) A rule establishing amounts for exemptions under this section
may not reduce an exemption amount below the exemption amount on
July 1, 2005.
HEA 1211 — CC 1 66
(f) The department of financial institutions may adopt a rule under
subsection (a) or subsection (b) as an emergency rule under
IC 4-22-2-37.1.
(g) Except as provided in IC 4-22-2-37.1, an emergency rule
adopted by the department of financial institutions under this section
expires on the earlier of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later
rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under
IC 4-22-2-37.1.
SECTION 66. An emergency is declared for this act.
HEA 1211 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: 	Time: 
HEA 1211 — CC 1