55 | | - | 8 Sec. 8. "Executive director" means the secretary of commerce. |
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56 | | - | 9 Sec. 9. "Innovation" means the use or incorporation of a new |
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57 | | - | 10 idea, a new or emerging technology, or a new use of existing |
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58 | | - | 11 technology to address a problem, provide a benefit, or otherwise |
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59 | | - | 12 offer a product, production method, or service. |
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60 | | - | 13 Sec. 10. "Innovative offering" means an offering that includes |
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61 | | - | 14 an innovation. |
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62 | | - | 15 Sec. 11. "Person" means an individual, a proprietorship, a |
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63 | | - | 16 partnership, a joint venture, a firm, an association, a corporation, |
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64 | | - | 17 or other legal entity. |
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65 | | - | 18 Sec. 12. "Product" means a commercially distributed good that |
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66 | | - | 19 is: |
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67 | | - | 20 (1) tangible personal property; |
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68 | | - | 21 (2) the result of a production process; and |
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69 | | - | 22 (3) passed through the distribution channel before |
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70 | | - | 23 consumption. |
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71 | | - | 24 Sec. 13. "Production" means the method or process of creating |
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72 | | - | 25 or obtaining a good, which may include assembling, breeding, |
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73 | | - | 26 capturing, collecting, extracting, fabricating, farming, fishing, |
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74 | | - | 27 gathering, growing, harvesting, hunting, manufacturing, mining, |
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75 | | - | 28 processing, raising, or trapping a good. |
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76 | | - | 29 Sec. 14. "Regulatory relief office" means the regulatory relief |
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77 | | - | 30 office established by IC 5-36-2-1. |
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78 | | - | 31 Sec. 15. "Regulatory sandbox" means the regulatory sandbox |
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79 | | - | 32 program established by IC 5-36-5-1, which allows a person to |
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80 | | - | 33 temporarily demonstrate an offering under a waiver or suspension |
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81 | | - | 34 of one (1) or more state laws or regulations. |
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82 | | - | 35 Sec. 16. "Sandbox participant" means a person whose |
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83 | | - | 36 application to participate in the regulatory sandbox is approved in |
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84 | | - | 37 accordance with the provisions of this article. |
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85 | | - | 38 Sec. 17. "Secretary of commerce" means the secretary of |
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86 | | - | 39 commerce appointed under IC 5-28-3-4. |
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87 | | - | 40 Sec. 18. "Service" means any commercial activity, duty, or |
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88 | | - | 41 labor performed for another person. |
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89 | | - | 42 Chapter 2. Creation of Regulatory Relief Office |
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90 | | - | HB 1330—LS 6303/DI 134 3 |
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91 | | - | 1 Sec. 1. The regulatory relief office is established within the |
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92 | | - | 2 corporation. |
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93 | | - | 3 Sec. 2. The regulatory relief office shall be administered by an |
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94 | | - | 4 executive director. |
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95 | | - | 5 Sec. 3. The regulatory relief office shall: |
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96 | | - | 6 (1) administer the provisions of this article; |
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97 | | - | 7 (2) administer the regulatory sandbox program; and |
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98 | | - | 8 (3) act as a liaison between businesses and applicable agencies |
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99 | | - | 9 to identify state laws or regulations that could potentially be |
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100 | | - | 10 waived or suspended under the regulatory sandbox program. |
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101 | | - | 11 Sec. 4. The regulatory relief office may: |
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102 | | - | 12 (1) review state laws and regulations that may unnecessarily |
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103 | | - | 13 inhibit the creation and success of new companies or |
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104 | | - | 14 industries and provide recommendations to the general |
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105 | | - | 15 assembly on modifying such state laws and regulations; |
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106 | | - | 16 (2) create a framework for analyzing the risk level to the |
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107 | | - | 17 health, safety, and financial well-being of consumers related |
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108 | | - | 18 to permanently removing or temporarily waiving laws and |
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109 | | - | 19 regulations inhibiting the creation or success of new and |
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110 | | - | 20 existing companies or industries; |
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111 | | - | 21 (3) propose potential reciprocity agreements between states |
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112 | | - | 22 that use or are proposing to use similar regulatory sandbox |
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113 | | - | 23 programs as described in this article; and |
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114 | | - | 24 (4) make rules necessary to: |
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115 | | - | 25 (A) administer the regulatory sandbox, including making |
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116 | | - | 26 rules regarding the application process and the reporting |
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117 | | - | 27 requirements of sandbox participants; and |
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118 | | - | 28 (B) cooperate and consult with other agencies in the state |
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119 | | - | 29 that administer sandbox programs. |
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120 | | - | 30 Chapter 3. Creation and Duties of Advisory Committee |
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121 | | - | 31 Sec. 1. The regulatory sandbox program advisory committee is |
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122 | | - | 32 established. |
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123 | | - | 33 Sec. 2. The advisory committee consists of eleven (11) members |
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124 | | - | 34 appointed as follows: |
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125 | | - | 35 (1) Six (6) members appointed by the executive director who |
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126 | | - | 36 represent business interests and are selected from a variety of |
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127 | | - | 37 industry clusters. |
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128 | | - | 38 (2) Three (3) members appointed by the executive director |
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129 | | - | 39 who represent state agencies that regulate businesses. |
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130 | | - | 40 (3) One (1) member of the senate, appointed by the president |
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131 | | - | 41 pro tempore of the senate. |
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132 | | - | 42 (4) One (1) member of the house of representatives, appointed |
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133 | | - | HB 1330—LS 6303/DI 134 4 |
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134 | | - | 1 by the speaker of the house of representatives. |
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135 | | - | 2 Sec. 3. (a) Subject to subsection (b), members of the advisory |
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136 | | - | 3 committee who are not legislators shall be appointed to a four (4) |
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137 | | - | 4 year term. |
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138 | | - | 5 (b) Notwithstanding the requirements of subsection (a), the |
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139 | | - | 6 executive director may adjust the length of terms of appointments |
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140 | | - | 7 and reappointments to the advisory committee so that |
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141 | | - | 8 approximately half of the advisory committee is appointed every |
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142 | | - | 9 two (2) years. |
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143 | | - | 10 Sec. 4. The executive director shall select a chair of the advisory |
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144 | | - | 11 committee on an annual basis. |
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145 | | - | 12 Sec. 5. A majority of the advisory committee constitutes a |
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146 | | - | 13 quorum for the purpose of conducting advisory committee |
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147 | | - | 14 business, and the action of the majority of a quorum constitutes the |
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148 | | - | 15 action of the advisory committee. |
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149 | | - | 16 Sec. 6. The advisory committee shall advise and make |
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150 | | - | 17 recommendations to the regulatory relief office. |
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151 | | - | 18 Sec. 7. The regulatory relief office shall provide administrative |
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152 | | - | 19 staff support for the advisory committee. |
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153 | | - | 20 Sec. 8. (a) Members of the advisory committee who are not |
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154 | | - | 21 legislators may not receive compensation or benefits for their |
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155 | | - | 22 service, but a member appointed under section 2(1) of this chapter |
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156 | | - | 23 may receive per diem and travel expenses. |
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157 | | - | 24 (b) Compensation and expenses of members of the advisory |
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158 | | - | 25 committee who are legislators are governed by IC 2-3-1. |
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159 | | - | 26 Chapter 4. Annual Report |
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160 | | - | 27 Sec. 1. The executive director shall prepare an annual report |
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161 | | - | 28 that includes a written report on the activities of the regulatory |
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162 | | - | 29 relief office that includes: |
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163 | | - | 30 (1) information regarding each sandbox participant, including |
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164 | | - | 31 which industries each participant represents and the |
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165 | | - | 32 anticipated or actual cost savings that each participant |
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166 | | - | 33 experienced; |
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167 | | - | 34 (2) recommendations regarding any laws or regulations that |
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168 | | - | 35 should be permanently modified; |
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169 | | - | 36 (3) information regarding outcomes for consumers; and |
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170 | | - | 37 (4) recommendations for changes to the regulatory sandbox |
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171 | | - | 38 program or other duties of the regulatory relief office. |
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172 | | - | 39 Sec. 2. Not later than October 1 of each year, the executive |
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173 | | - | 40 director shall submit the annual report to the general assembly in |
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174 | | - | 41 an electronic format under IC 5-14-6. |
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175 | | - | 42 Chapter 5. Regulatory Sandbox Program and Application |
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176 | | - | HB 1330—LS 6303/DI 134 5 |
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177 | | - | 1 Requirements |
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178 | | - | 2 Sec. 1. The regulatory sandbox program is established within |
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179 | | - | 3 the corporation. |
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180 | | - | 4 Sec. 2. In administering the regulatory sandbox the regulatory |
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181 | | - | 5 relief office: |
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182 | | - | 6 (1) shall consult with each applicable agency; |
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183 | | - | 7 (2) shall establish a program to enable a person to obtain legal |
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184 | | - | 8 protections and limited access to the market in Indiana to |
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185 | | - | 9 demonstrate an innovative offering without obtaining a |
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186 | | - | 10 license or other authorization that might otherwise be |
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187 | | - | 11 required; |
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188 | | - | 12 (3) may enter into agreements with or adopt the best practices |
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189 | | - | 13 of corresponding federal regulatory agencies or other states |
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190 | | - | 14 that are administering similar programs; and |
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191 | | - | 15 (4) may consult with businesses in Indiana about existing or |
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192 | | - | 16 potential proposals for the regulatory sandbox. |
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193 | | - | 17 Sec. 3. (a) An applicant for the regulatory sandbox may contact |
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194 | | - | 18 the regulatory relief office to request a consultation regarding the |
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195 | | - | 19 regulatory sandbox before submitting an application. |
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196 | | - | 20 (b) The regulatory relief office may provide assistance to an |
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197 | | - | 21 applicant in preparing an application for submission. |
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198 | | - | 22 Sec. 4. An applicant for the regulatory sandbox shall provide to |
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199 | | - | 23 the regulatory relief office an application in a form prescribed by |
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200 | | - | 24 the regulatory relief office that: |
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201 | | - | 25 (1) confirms the applicant is subject to the jurisdiction of the |
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202 | | - | 26 state; |
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203 | | - | 27 (2) confirms the applicant has established a physical or virtual |
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204 | | - | 28 location in Indiana, from which the demonstration of an |
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205 | | - | 29 innovative offering will be developed and performed and |
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206 | | - | 30 where all required records, documents, and data will be |
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207 | | - | 31 maintained; |
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208 | | - | 32 (3) contains relevant personal and contact information for the |
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209 | | - | 33 applicant, including legal names, addresses, telephone |
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210 | | - | 34 numbers, electronic mail addresses, Internet web site |
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211 | | - | 35 addresses, and other information required by the regulatory |
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212 | | - | 36 relief office; |
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213 | | - | 37 (4) discloses criminal convictions of the applicant or other |
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214 | | - | 38 participating personnel, if any; |
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215 | | - | 39 (5) contains a description of the innovative offering to be |
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216 | | - | 40 demonstrated, including statements regarding: |
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217 | | - | 41 (A) how the offering is subject to licensing, legal |
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218 | | - | 42 prohibition, or other authorization requirements, including |
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219 | | - | HB 1330—LS 6303/DI 134 6 |
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220 | | - | 1 any application of federal laws and regulations, outside of |
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221 | | - | 2 the regulatory sandbox; |
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222 | | - | 3 (B) each law or regulation that the applicant seeks to have |
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223 | | - | 4 waived or suspended while participating in the regulatory |
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224 | | - | 5 sandbox program; |
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225 | | - | 6 (C) how the offering would benefit consumers; |
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226 | | - | 7 (D) how the offering is different from other offerings |
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227 | | - | 8 available in the state; |
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228 | | - | 9 (E) what risks might exist for consumers who use or |
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229 | | - | 10 purchase the offering; |
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230 | | - | 11 (F) how participating in the regulatory sandbox would |
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231 | | - | 12 enable a successful demonstration of the offering; |
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232 | | - | 13 (G) a description of the proposed demonstration plan, |
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233 | | - | 14 including estimated time periods for beginning and ending |
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234 | | - | 15 the demonstration; |
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235 | | - | 16 (H) recognition that the applicant will be subject to all laws |
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236 | | - | 17 and regulations pertaining to the applicant's offering after |
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237 | | - | 18 conclusion of the demonstration; and |
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238 | | - | 19 (I) how the applicant will end the demonstration and |
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239 | | - | 20 protect consumers if the demonstration fails; |
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240 | | - | 21 (6) lists each government agency, if any, that the applicant |
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241 | | - | 22 knows regulates the applicant's business; and |
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242 | | - | 23 (7) provides any other required information as determined by |
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243 | | - | 24 the regulatory relief office. |
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244 | | - | 25 Sec. 5. The regulatory relief office may collect an application fee |
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245 | | - | 26 from an applicant. |
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246 | | - | 27 Sec. 6. An applicant shall file a separate application for each |
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247 | | - | 28 innovative offering that the applicant wishes to demonstrate. |
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248 | | - | 29 Sec. 7. After an application is filed the regulatory relief office |
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249 | | - | 30 shall: |
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250 | | - | 31 (1) classify the application and any related information |
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251 | | - | 32 provided by the applicant as a protected record; |
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252 | | - | 33 (2) consult with each applicable government agency that |
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253 | | - | 34 regulates the applicant's business regarding whether more |
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254 | | - | 35 information is needed from the applicant; and |
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255 | | - | 36 (3) seek additional information from the applicant that the |
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256 | | - | 37 regulatory relief office determines is necessary. |
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257 | | - | 38 Sec. 8. Not later than five (5) business days after the day on |
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258 | | - | 39 which a complete application is received by the regulatory relief |
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259 | | - | 40 office, the regulatory relief office shall: |
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260 | | - | 41 (1) review the application and refer the application to each |
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261 | | - | 42 applicable government agency that regulates the applicant's |
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262 | | - | HB 1330—LS 6303/DI 134 7 |
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263 | | - | 1 business; and |
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264 | | - | 2 (2) provide to the applicant: |
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265 | | - | 3 (A) an acknowledgment of receipt of the application; and |
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266 | | - | 4 (B) the identity and contact information of each regulatory |
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267 | | - | 5 agency to which the application has been referred for |
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268 | | - | 6 review. |
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269 | | - | 7 Sec. 9. (a) Subject to subsections (c) and (g), not later than thirty |
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270 | | - | 8 (30) days after the day on which an applicable agency receives a |
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271 | | - | 9 complete application for review, the applicable agency shall |
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272 | | - | 10 provide a written report to the executive director of the applicable |
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273 | | - | 11 agency's findings. |
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274 | | - | 12 (b) The report shall: |
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275 | | - | 13 (1) describe any identifiable, likely, and significant harm to |
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276 | | - | 14 the health, safety, or financial well-being of consumers that |
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277 | | - | 15 the relevant law or regulation protects against; and |
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278 | | - | 16 (2) make a recommendation to the regulatory relief office that |
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279 | | - | 17 the applicant either be admitted or denied entrance into the |
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280 | | - | 18 regulatory relief sandbox. |
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281 | | - | 19 (c) The applicable agency may request an additional five (5) |
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282 | | - | 20 business days to deliver the written report by providing notice to |
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283 | | - | 21 the executive director, which request shall automatically be |
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284 | | - | 22 granted. The applicable agency may only request one (1) extension |
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285 | | - | 23 per application. |
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286 | | - | 24 (d) If the applicable agency recommends an applicant under this |
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287 | | - | 25 section be denied entrance into the regulatory sandbox, the written |
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288 | | - | 26 report shall include a description of the reasons for the |
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289 | | - | 27 recommendation, including why a temporary waiver or suspension |
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290 | | - | 28 of the relevant laws or regulations would potentially significantly |
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291 | | - | 29 harm the health, safety, or financial well-being of consumers and |
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292 | | - | 30 the likelihood of such harm occurring. |
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293 | | - | 31 (e) If the agency determines that consumers' health, safety, or |
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294 | | - | 32 financial well-being can be protected through less restrictive means |
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295 | | - | 33 than the existing relevant laws or regulations, then the applicable |
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296 | | - | 34 agency shall provide a recommendation of how that can be |
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297 | | - | 35 achieved. |
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298 | | - | 36 (f) If an applicable agency fails to deliver a written report as |
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299 | | - | 37 described in this section, the executive director shall assume that |
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300 | | - | 38 the applicable agency does not object to the temporary waiver or |
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301 | | - | 39 suspension of the relevant laws or regulations for an applicant |
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302 | | - | 40 seeking to participate in the regulatory sandbox. |
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303 | | - | 41 (g) Notwithstanding any other provision of this section, an |
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304 | | - | 42 applicable agency may by written notice to the regulatory relief |
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305 | | - | HB 1330—LS 6303/DI 134 8 |
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306 | | - | 1 office: |
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307 | | - | 2 (1) within thirty (30) days after the day on which the |
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308 | | - | 3 applicable agency receives a complete application for review, |
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309 | | - | 4 or within thirty-five (35) days if an extension has been |
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310 | | - | 5 requested by the applicable agency, reject an application if |
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311 | | - | 6 the applicable agency determines, in the applicable agency's |
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312 | | - | 7 sole discretion, that the applicant's offering fails to comply |
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313 | | - | 8 with standards or specifications: |
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314 | | - | 9 (A) required by federal law or regulation; or |
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315 | | - | 10 (B) previously approved for use by a federal agency; or |
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316 | | - | 11 (2) reject an application preliminarily approved by the |
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317 | | - | 12 regulatory relief office if the applicable agency: |
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318 | | - | 13 (A) recommended rejection of the application in |
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319 | | - | 14 accordance with subsection (d) in the agency's written |
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320 | | - | 15 report; and |
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321 | | - | 16 (B) provides in the written notice under this subsection a |
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322 | | - | 17 description of the applicable agency's reasons why |
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323 | | - | 18 approval of the application would create a substantial risk |
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324 | | - | 19 of harm to the health or safety of the public, or create |
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325 | | - | 20 unreasonable expenses for taxpayers in the state. |
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326 | | - | 21 (h) If an applicable agency rejects an application under |
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327 | | - | 22 subsection (g), the regulatory relief office may not approve the |
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328 | | - | 23 application. |
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329 | | - | 24 Sec. 10. (a) Upon receiving a written report described in section |
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330 | | - | 25 9 of this chapter, the executive director shall provide the |
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331 | | - | 26 application and each written report to the advisory committee. |
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332 | | - | 27 (b) The executive director may call the advisory committee to |
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333 | | - | 28 meet as needed, but not less than once per quarter if applications |
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334 | | - | 29 are available for review. |
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335 | | - | 30 (c) After receiving and reviewing the application and each |
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336 | | - | 31 written report, the advisory committee shall provide to the |
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337 | | - | 32 executive director the advisory committee's recommendation as to |
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338 | | - | 33 whether or not the applicant should be admitted as a sandbox |
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339 | | - | 34 participant. |
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340 | | - | 35 (d) As part of the advisory committee's review of each written |
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341 | | - | 36 report, the advisory committee shall use the criteria required for |
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342 | | - | 37 an applicable agency as described in section 9 of this chapter. |
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343 | | - | 38 Sec. 11. (a) In reviewing an application and each applicable |
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344 | | - | 39 agency's written report, the regulatory relief office shall consult |
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345 | | - | 40 with each applicable agency and the advisory committee before |
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346 | | - | 41 admitting an applicant into the regulatory sandbox. |
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347 | | - | 42 (b) The consultation with each applicable agency and the |
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348 | | - | HB 1330—LS 6303/DI 134 9 |
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349 | | - | 1 consultation with the advisory committee may include seeking |
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350 | | - | 2 information about whether: |
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351 | | - | 3 (1) the applicable agency has previously issued a license or |
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352 | | - | 4 other authorization to the applicant; and |
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353 | | - | 5 (2) the applicable agency has previously investigated, |
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354 | | - | 6 sanctioned, or pursued legal action against the applicant. |
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355 | | - | 7 Sec. 12. In reviewing an application under this section, the |
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356 | | - | 8 regulatory relief office and applicable agency shall consider |
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357 | | - | 9 whether a competitor of the applicant is or has been a sandbox |
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358 | | - | 10 participant and, if so, weigh that as a factor in favor of allowing the |
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359 | | - | 11 applicant to also become a sandbox participant. |
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360 | | - | 12 Sec. 13. In reviewing an application under this section, the |
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361 | | - | 13 regulatory relief office shall consider whether: |
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362 | | - | 14 (1) the applicant's plan will adequately protect consumers |
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363 | | - | 15 from potential harm identified by an applicable agency in the |
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364 | | - | 16 applicable agency's written report; |
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365 | | - | 17 (2) the risk of harm to consumers is outweighed by the |
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366 | | - | 18 potential benefits to consumers from the applicant's |
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367 | | - | 19 participation in the regulatory sandbox; and |
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368 | | - | 20 (3) certain state laws or regulations that regulate an offering |
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369 | | - | 21 should not be waived or suspended even if the applicant is |
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370 | | - | 22 approved as a sandbox participant, including applicable |
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371 | | - | 23 antifraud or disclosure provisions. |
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372 | | - | 24 Sec. 14. (a) An applicant becomes a sandbox participant if the |
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373 | | - | 25 regulatory relief office approves the application for the regulatory |
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374 | | - | 26 sandbox and enters into a written agreement with the applicant |
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375 | | - | 27 describing the specific laws and regulations that are waived or |
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376 | | - | 28 suspended as part of participation in the regulatory sandbox. |
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377 | | - | 29 (b) Notwithstanding any other provision of this article, the |
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378 | | - | 30 regulatory relief office may not enter into a written agreement with |
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379 | | - | 31 an applicant that waives or suspends a tax, fee, or charge governed |
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380 | | - | 32 by the Indiana tax code under IC 6. |
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381 | | - | 33 Sec. 15. (a) The executive director may deny, at the executive |
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382 | | - | 34 director's sole discretion, any application submitted under this |
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383 | | - | 35 section for any reason, including if the executive director |
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384 | | - | 36 determines that the preponderance of evidence demonstrates that |
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385 | | - | 37 suspending or waiving enforcement of a law or regulation would |
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386 | | - | 38 cause a significant risk of harm to consumers or residents of the |
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387 | | - | 39 state. |
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388 | | - | 40 (b) If the executive director denies an application submitted |
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389 | | - | 41 under this section, the regulatory relief office shall provide to the |
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390 | | - | 42 applicant a written description of the reasons for not allowing the |
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391 | | - | HB 1330—LS 6303/DI 134 10 |
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392 | | - | 1 applicant to be a sandbox participant. |
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393 | | - | 2 (c) The denial of an application submitted under this section is |
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394 | | - | 3 not subject to: |
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395 | | - | 4 (1) agency or judicial review; or |
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396 | | - | 5 (2) the provisions under IC 4-21.5. |
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397 | | - | 6 Sec. 16. The executive director shall deny an application for |
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398 | | - | 7 participation in the regulatory sandbox described by this section if |
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399 | | - | 8 the applicant, or any person who seeks to participate with the |
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400 | | - | 9 applicant in demonstrating an offering, has been convicted, entered |
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401 | | - | 10 a plea of nolo contendere, or entered a plea of guilty or nolo |
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402 | | - | 11 contendere held in abeyance, for any crime involving significant |
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403 | | - | 12 theft, fraud, or dishonesty if the crime bears a significant |
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404 | | - | 13 relationship to the applicant's or other participant's ability to |
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405 | | - | 14 safely and competently participate in the regulatory sandbox |
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406 | | - | 15 program. |
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| 53 | + | 8 Sec. 8. "Director" means the director described in IC 5-36-2. |
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| 54 | + | 9 Sec. 9. "Executive director" means the secretary of commerce. |
---|
| 55 | + | 10 Sec. 10. "Innovation" means the use or incorporation of a new |
---|
| 56 | + | 11 idea, a new or emerging technology, or a new use of existing |
---|
| 57 | + | 12 technology to address a problem, provide a benefit, or otherwise |
---|
| 58 | + | 13 offer a product, production method, or service. |
---|
| 59 | + | 14 Sec. 11. "Innovative offering" means an offering that includes |
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| 60 | + | 15 an innovation. |
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| 61 | + | 16 Sec. 12. "Person" means an individual, a proprietorship, a |
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| 62 | + | 17 partnership, a joint venture, a firm, an association, a corporation, |
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| 63 | + | 18 or other legal entity. |
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| 64 | + | 19 Sec. 13. "Product" means a commercially distributed good that |
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| 65 | + | 20 is: |
---|
| 66 | + | 21 (1) tangible personal property; |
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| 67 | + | 22 (2) the result of a production process; and |
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| 68 | + | 23 (3) passed through the distribution channel before |
---|
| 69 | + | 24 consumption. |
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| 70 | + | 25 Sec. 14. "Production" means the method or process of creating |
---|
| 71 | + | 26 or obtaining a good, which may include assembling, breeding, |
---|
| 72 | + | 27 capturing, collecting, extracting, fabricating, farming, fishing, |
---|
| 73 | + | 28 gathering, growing, harvesting, hunting, manufacturing, mining, |
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| 74 | + | 29 processing, raising, or trapping a good. |
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| 75 | + | 30 Sec. 15. "Regulatory relief office" means the regulatory relief |
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| 76 | + | 31 office established by IC 5-36-2-1. |
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| 77 | + | 32 Sec. 16. "Regulatory sandbox" means the regulatory sandbox |
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| 78 | + | 33 program established by IC 5-36-5-1, which allows a person to |
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| 79 | + | 34 temporarily demonstrate an offering under a waiver or suspension |
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| 80 | + | 35 of one (1) or more state laws or regulations. |
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| 81 | + | 36 Sec. 17. "Sandbox participant" means a person whose |
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| 82 | + | 37 application to participate in the regulatory sandbox is approved in |
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| 83 | + | 38 accordance with the provisions of this article. |
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| 84 | + | 39 Sec. 18. "Secretary of commerce" means the secretary of |
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| 85 | + | 40 commerce appointed under IC 5-28-3-4. |
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| 86 | + | 41 Sec. 19. "Service" means any commercial activity, duty, or |
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| 87 | + | 42 labor performed for another person. |
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| 88 | + | 2022 IN 1330—LS 6303/DI 134 3 |
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| 89 | + | 1 Chapter 2. Creation of Regulatory Relief Office and |
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| 90 | + | 2 Appointment of Director |
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| 91 | + | 3 Sec. 1. The regulatory relief office is established within the |
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| 92 | + | 4 corporation. |
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| 93 | + | 5 Sec. 2. (a) The regulatory relief office shall be administered by |
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| 94 | + | 6 a director. |
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| 95 | + | 7 (b) The director shall report to the executive director and may |
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| 96 | + | 8 appoint staff subject to the approval of the executive director. |
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| 97 | + | 9 Sec. 3. The regulatory relief office shall: |
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| 98 | + | 10 (1) administer the provisions of this article; |
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| 99 | + | 11 (2) administer the regulatory sandbox program; and |
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| 100 | + | 12 (3) act as a liaison between businesses and applicable agencies |
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| 101 | + | 13 to identify state laws or regulations that could potentially be |
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| 102 | + | 14 waived or suspended under the regulatory sandbox program. |
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| 103 | + | 15 Sec. 4. The regulatory relief office may: |
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| 104 | + | 16 (1) review state laws and regulations that may unnecessarily |
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| 105 | + | 17 inhibit the creation and success of new companies or |
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| 106 | + | 18 industries and provide recommendations to the general |
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| 107 | + | 19 assembly on modifying such state laws and regulations; |
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| 108 | + | 20 (2) create a framework for analyzing the risk level to the |
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| 109 | + | 21 health, safety, and financial well-being of consumers related |
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| 110 | + | 22 to permanently removing or temporarily waiving laws and |
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| 111 | + | 23 regulations inhibiting the creation or success of new and |
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| 112 | + | 24 existing companies or industries; |
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| 113 | + | 25 (3) propose potential reciprocity agreements between states |
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| 114 | + | 26 that use or are proposing to use similar regulatory sandbox |
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| 115 | + | 27 programs as described in this article; and |
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| 116 | + | 28 (4) make rules necessary to: |
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| 117 | + | 29 (A) administer the regulatory sandbox, including making |
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| 118 | + | 30 rules regarding the application process and the reporting |
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| 119 | + | 31 requirements of sandbox participants; and |
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| 120 | + | 32 (B) cooperate and consult with other agencies in the state |
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| 121 | + | 33 that administer sandbox programs. |
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| 122 | + | 34 Chapter 3. Creation and Duties of Advisory Committee |
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| 123 | + | 35 Sec. 1. The regulatory sandbox program advisory committee is |
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| 124 | + | 36 established. |
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| 125 | + | 37 Sec. 2. The advisory committee consists of eleven (11) members |
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| 126 | + | 38 appointed as follows: |
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| 127 | + | 39 (1) Six (6) members appointed by the director who represent |
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| 128 | + | 40 business interests and are selected from a variety of industry |
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| 129 | + | 41 clusters. |
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| 130 | + | 42 (2) Three (3) members appointed by the director who |
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| 131 | + | 2022 IN 1330—LS 6303/DI 134 4 |
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| 132 | + | 1 represent state agencies that regulate businesses. |
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| 133 | + | 2 (3) One (1) member of the senate, appointed by the president |
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| 134 | + | 3 pro tempore of the senate. |
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| 135 | + | 4 (4) One (1) member of the house of representatives, appointed |
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| 136 | + | 5 by the speaker of the house of representatives. |
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| 137 | + | 6 Sec. 3. (a) Subject to subsection (b), members of the advisory |
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| 138 | + | 7 committee who are not legislators shall be appointed to a four (4) |
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| 139 | + | 8 year term. |
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| 140 | + | 9 (b) Notwithstanding the requirements of subsection (a), the |
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| 141 | + | 10 director may adjust the length of terms of appointments and |
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| 142 | + | 11 reappointments to the advisory committee so that approximately |
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| 143 | + | 12 half of the advisory committee is appointed every two (2) years. |
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| 144 | + | 13 Sec. 4. The director shall select a chair of the advisory |
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| 145 | + | 14 committee on an annual basis. |
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| 146 | + | 15 Sec. 5. A majority of the advisory committee constitutes a |
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| 147 | + | 16 quorum for the purpose of conducting advisory committee |
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| 148 | + | 17 business, and the action of the majority of a quorum constitutes the |
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| 149 | + | 18 action of the advisory committee. |
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| 150 | + | 19 Sec. 6. The advisory committee shall advise and make |
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| 151 | + | 20 recommendations to the regulatory relief office. |
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| 152 | + | 21 Sec. 7. The regulatory relief office shall provide administrative |
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| 153 | + | 22 staff support for the advisory committee. |
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| 154 | + | 23 Sec. 8. (a) Members of the advisory committee who are not |
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| 155 | + | 24 legislators may not receive compensation or benefits for their |
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| 156 | + | 25 service, but a member appointed under section 2(1) of this chapter |
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| 157 | + | 26 may receive per diem and travel expenses. |
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| 158 | + | 27 (b) Compensation and expenses of members of the advisory |
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| 159 | + | 28 committee who are legislators are governed by IC 2-3-1. |
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| 160 | + | 29 Chapter 4. Annual Report |
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| 161 | + | 30 Sec. 1. The executive director shall prepare an annual report |
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| 162 | + | 31 that includes a written report from the director on the activities of |
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| 163 | + | 32 the regulatory relief office that includes: |
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| 164 | + | 33 (1) information regarding each sandbox participant, including |
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| 165 | + | 34 which industries each participant represents and the |
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| 166 | + | 35 anticipated or actual cost savings that each participant |
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| 167 | + | 36 experienced; |
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| 168 | + | 37 (2) recommendations regarding any laws or regulations that |
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| 169 | + | 38 should be permanently modified; |
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| 170 | + | 39 (3) information regarding outcomes for consumers; and |
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| 171 | + | 40 (4) recommendations for changes to the regulatory sandbox |
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| 172 | + | 41 program or other duties of the regulatory relief office. |
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| 173 | + | 42 Sec. 2. Not later than October 1 of each year, the executive |
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| 174 | + | 2022 IN 1330—LS 6303/DI 134 5 |
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| 175 | + | 1 director shall submit the annual report to the general assembly in |
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| 176 | + | 2 an electronic format under IC 5-14-6. |
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| 177 | + | 3 Chapter 5. Regulatory Sandbox Program and Application |
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| 178 | + | 4 Requirements |
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| 179 | + | 5 Sec. 1. The regulatory sandbox program is established within |
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| 180 | + | 6 the corporation. |
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| 181 | + | 7 Sec. 2. In administering the regulatory sandbox the regulatory |
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| 182 | + | 8 relief office: |
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| 183 | + | 9 (1) shall consult with each applicable agency; |
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| 184 | + | 10 (2) shall establish a program to enable a person to obtain legal |
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| 185 | + | 11 protections and limited access to the market in Indiana to |
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| 186 | + | 12 demonstrate an innovative offering without obtaining a |
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| 187 | + | 13 license or other authorization that might otherwise be |
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| 188 | + | 14 required; |
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| 189 | + | 15 (3) may enter into agreements with or adopt the best practices |
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| 190 | + | 16 of corresponding federal regulatory agencies or other states |
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| 191 | + | 17 that are administering similar programs; and |
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| 192 | + | 18 (4) may consult with businesses in Indiana about existing or |
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| 193 | + | 19 potential proposals for the regulatory sandbox. |
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| 194 | + | 20 Sec. 3. (a) An applicant for the regulatory sandbox may contact |
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| 195 | + | 21 the regulatory relief office to request a consultation regarding the |
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| 196 | + | 22 regulatory sandbox before submitting an application. |
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| 197 | + | 23 (b) The regulatory relief office may provide assistance to an |
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| 198 | + | 24 applicant in preparing an application for submission. |
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| 199 | + | 25 Sec. 4. An applicant for the regulatory sandbox shall provide to |
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| 200 | + | 26 the regulatory relief office an application in a form prescribed by |
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| 201 | + | 27 the regulatory relief office that: |
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| 202 | + | 28 (1) confirms the applicant is subject to the jurisdiction of the |
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| 203 | + | 29 state; |
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| 204 | + | 30 (2) confirms the applicant has established a physical or virtual |
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| 205 | + | 31 location in Indiana, from which the demonstration of an |
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| 206 | + | 32 innovative offering will be developed and performed and |
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| 207 | + | 33 where all required records, documents, and data will be |
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| 208 | + | 34 maintained; |
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| 209 | + | 35 (3) contains relevant personal and contact information for the |
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| 210 | + | 36 applicant, including legal names, addresses, telephone |
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| 211 | + | 37 numbers, electronic mail addresses, Internet web site |
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| 212 | + | 38 addresses, and other information required by the regulatory |
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| 213 | + | 39 relief office; |
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| 214 | + | 40 (4) discloses criminal convictions of the applicant or other |
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| 215 | + | 41 participating personnel, if any; |
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| 216 | + | 42 (5) contains a description of the innovative offering to be |
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| 217 | + | 2022 IN 1330—LS 6303/DI 134 6 |
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| 218 | + | 1 demonstrated, including statements regarding: |
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| 219 | + | 2 (A) how the offering is subject to licensing, legal |
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| 220 | + | 3 prohibition, or other authorization requirements, including |
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| 221 | + | 4 any application of federal laws and regulations, outside of |
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| 222 | + | 5 the regulatory sandbox; |
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| 223 | + | 6 (B) each law or regulation that the applicant seeks to have |
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| 224 | + | 7 waived or suspended while participating in the regulatory |
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| 225 | + | 8 sandbox program; |
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| 226 | + | 9 (C) how the offering would benefit consumers; |
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| 227 | + | 10 (D) how the offering is different from other offerings |
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| 228 | + | 11 available in the state; |
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| 229 | + | 12 (E) what risks might exist for consumers who use or |
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| 230 | + | 13 purchase the offering; |
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| 231 | + | 14 (F) how participating in the regulatory sandbox would |
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| 232 | + | 15 enable a successful demonstration of the offering; |
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| 233 | + | 16 (G) a description of the proposed demonstration plan, |
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| 234 | + | 17 including estimated time periods for beginning and ending |
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| 235 | + | 18 the demonstration; |
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| 236 | + | 19 (H) recognition that the applicant will be subject to all laws |
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| 237 | + | 20 and regulations pertaining to the applicant's offering after |
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| 238 | + | 21 conclusion of the demonstration; and |
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| 239 | + | 22 (I) how the applicant will end the demonstration and |
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| 240 | + | 23 protect consumers if the demonstration fails; |
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| 241 | + | 24 (6) lists each government agency, if any, that the applicant |
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| 242 | + | 25 knows regulates the applicant's business; and |
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| 243 | + | 26 (7) provides any other required information as determined by |
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| 244 | + | 27 the regulatory relief office. |
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| 245 | + | 28 Sec. 5. The regulatory relief office may collect an application fee |
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| 246 | + | 29 from an applicant. |
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| 247 | + | 30 Sec. 6. An applicant shall file a separate application for each |
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| 248 | + | 31 innovative offering that the applicant wishes to demonstrate. |
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| 249 | + | 32 Sec. 7. After an application is filed the regulatory relief office |
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| 250 | + | 33 shall: |
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| 251 | + | 34 (1) classify the application and any related information |
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| 252 | + | 35 provided by the applicant as a protected record; |
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| 253 | + | 36 (2) consult with each applicable government agency that |
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| 254 | + | 37 regulates the applicant's business regarding whether more |
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| 255 | + | 38 information is needed from the applicant; and |
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| 256 | + | 39 (3) seek additional information from the applicant that the |
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| 257 | + | 40 regulatory relief office determines is necessary. |
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| 258 | + | 41 Sec. 8. Not later than five (5) business days after the day on |
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| 259 | + | 42 which a complete application is received by the regulatory relief |
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| 260 | + | 2022 IN 1330—LS 6303/DI 134 7 |
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| 261 | + | 1 office, the regulatory relief office shall: |
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| 262 | + | 2 (1) review the application and refer the application to each |
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| 263 | + | 3 applicable government agency that regulates the applicant's |
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| 264 | + | 4 business; and |
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| 265 | + | 5 (2) provide to the applicant: |
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| 266 | + | 6 (A) an acknowledgment of receipt of the application; and |
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| 267 | + | 7 (B) the identity and contact information of each regulatory |
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| 268 | + | 8 agency to which the application has been referred for |
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| 269 | + | 9 review. |
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| 270 | + | 10 Sec. 9. (a) Subject to subsections (c) and (g), not later than thirty |
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| 271 | + | 11 (30) days after the day on which an applicable agency receives a |
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| 272 | + | 12 complete application for review, the applicable agency shall |
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| 273 | + | 13 provide a written report to the director of the applicable agency's |
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| 274 | + | 14 findings. |
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| 275 | + | 15 (b) The report shall: |
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| 276 | + | 16 (1) describe any identifiable, likely, and significant harm to |
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| 277 | + | 17 the health, safety, or financial well-being of consumers that |
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| 278 | + | 18 the relevant law or regulation protects against; and |
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| 279 | + | 19 (2) make a recommendation to the regulatory relief office that |
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| 280 | + | 20 the applicant either be admitted or denied entrance into the |
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| 281 | + | 21 regulatory relief sandbox. |
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| 282 | + | 22 (c) The applicable agency may request an additional five (5) |
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| 283 | + | 23 business days to deliver the written report by providing notice to |
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| 284 | + | 24 the director, which request shall automatically be granted. The |
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| 285 | + | 25 applicable agency may only request one (1) extension per |
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| 286 | + | 26 application. |
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| 287 | + | 27 (d) If the applicable agency recommends an applicant under this |
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| 288 | + | 28 section be denied entrance into the regulatory sandbox, the written |
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| 289 | + | 29 report shall include a description of the reasons for the |
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| 290 | + | 30 recommendation, including why a temporary waiver or suspension |
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| 291 | + | 31 of the relevant laws or regulations would potentially significantly |
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| 292 | + | 32 harm the health, safety, or financial well-being of consumers and |
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| 293 | + | 33 the likelihood of such harm occurring. |
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| 294 | + | 34 (e) If the agency determines that consumers' health, safety, or |
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| 295 | + | 35 financial well-being can be protected through less restrictive means |
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| 296 | + | 36 than the existing relevant laws or regulations, then the applicable |
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| 297 | + | 37 agency shall provide a recommendation of how that can be |
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| 298 | + | 38 achieved. |
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| 299 | + | 39 (f) If an applicable agency fails to deliver a written report as |
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| 300 | + | 40 described in this section, the director shall assume that the |
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| 301 | + | 41 applicable agency does not object to the temporary waiver or |
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| 302 | + | 42 suspension of the relevant laws or regulations for an applicant |
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| 303 | + | 2022 IN 1330—LS 6303/DI 134 8 |
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| 304 | + | 1 seeking to participate in the regulatory sandbox. |
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| 305 | + | 2 (g) Notwithstanding any other provision of this section, an |
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| 306 | + | 3 applicable agency may by written notice to the regulatory relief |
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| 307 | + | 4 office: |
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| 308 | + | 5 (1) within thirty (30) days after the day on which the |
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| 309 | + | 6 applicable agency receives a complete application for review, |
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| 310 | + | 7 or within thirty-five (35) days if an extension has been |
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| 311 | + | 8 requested by the applicable agency, reject an application if |
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| 312 | + | 9 the applicable agency determines, in the applicable agency's |
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| 313 | + | 10 sole discretion, that the applicant's offering fails to comply |
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| 314 | + | 11 with standards or specifications: |
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| 315 | + | 12 (A) required by federal law or regulation; or |
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| 316 | + | 13 (B) previously approved for use by a federal agency; or |
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| 317 | + | 14 (2) reject an application preliminarily approved by the |
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| 318 | + | 15 regulatory relief office if the applicable agency: |
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| 319 | + | 16 (A) recommended rejection of the application in |
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| 320 | + | 17 accordance with subsection (d) in the agency's written |
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| 321 | + | 18 report; and |
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| 322 | + | 19 (B) provides in the written notice under this subsection a |
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| 323 | + | 20 description of the applicable agency's reasons why |
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| 324 | + | 21 approval of the application would create a substantial risk |
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| 325 | + | 22 of harm to the health or safety of the public, or create |
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| 326 | + | 23 unreasonable expenses for taxpayers in the state. |
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| 327 | + | 24 (h) If an applicable agency rejects an application under |
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| 328 | + | 25 subsection (g), the regulatory relief office may not approve the |
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| 329 | + | 26 application. |
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| 330 | + | 27 Sec. 10. (a) Upon receiving a written report described in section |
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| 331 | + | 28 9 of this chapter, the director shall provide the application and |
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| 332 | + | 29 each written report to the advisory committee. |
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| 333 | + | 30 (b) The director may call the advisory committee to meet as |
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| 334 | + | 31 needed, but not less than once per quarter if applications are |
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| 335 | + | 32 available for review. |
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| 336 | + | 33 (c) After receiving and reviewing the application and each |
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| 337 | + | 34 written report, the advisory committee shall provide to the director |
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| 338 | + | 35 the advisory committee's recommendation as to whether or not the |
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| 339 | + | 36 applicant should be admitted as a sandbox participant. |
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| 340 | + | 37 (d) As part of the advisory committee's review of each written |
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| 341 | + | 38 report, the advisory committee shall use the criteria required for |
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| 342 | + | 39 an applicable agency as described in section 9 of this chapter. |
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| 343 | + | 40 Sec. 11. (a) In reviewing an application and each applicable |
---|
| 344 | + | 41 agency's written report, the regulatory relief office shall consult |
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| 345 | + | 42 with each applicable agency and the advisory committee before |
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| 346 | + | 2022 IN 1330—LS 6303/DI 134 9 |
---|
| 347 | + | 1 admitting an applicant into the regulatory sandbox. |
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| 348 | + | 2 (b) The consultation with each applicable agency and the |
---|
| 349 | + | 3 consultation with the advisory committee may include seeking |
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| 350 | + | 4 information about whether: |
---|
| 351 | + | 5 (1) the applicable agency has previously issued a license or |
---|
| 352 | + | 6 other authorization to the applicant; and |
---|
| 353 | + | 7 (2) the applicable agency has previously investigated, |
---|
| 354 | + | 8 sanctioned, or pursued legal action against the applicant. |
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| 355 | + | 9 Sec. 12. In reviewing an application under this section, the |
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| 356 | + | 10 regulatory relief office and applicable agency shall consider |
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| 357 | + | 11 whether a competitor of the applicant is or has been a sandbox |
---|
| 358 | + | 12 participant and, if so, weigh that as a factor in favor of allowing the |
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| 359 | + | 13 applicant to also become a sandbox participant. |
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| 360 | + | 14 Sec. 13. In reviewing an application under this section, the |
---|
| 361 | + | 15 regulatory relief office shall consider whether: |
---|
| 362 | + | 16 (1) the applicant's plan will adequately protect consumers |
---|
| 363 | + | 17 from potential harm identified by an applicable agency in the |
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| 364 | + | 18 applicable agency's written report; |
---|
| 365 | + | 19 (2) the risk of harm to consumers is outweighed by the |
---|
| 366 | + | 20 potential benefits to consumers from the applicant's |
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| 367 | + | 21 participation in the regulatory sandbox; and |
---|
| 368 | + | 22 (3) certain state laws or regulations that regulate an offering |
---|
| 369 | + | 23 should not be waived or suspended even if the applicant is |
---|
| 370 | + | 24 approved as a sandbox participant, including applicable |
---|
| 371 | + | 25 antifraud or disclosure provisions. |
---|
| 372 | + | 26 Sec. 14. (a) An applicant becomes a sandbox participant if the |
---|
| 373 | + | 27 regulatory relief office approves the application for the regulatory |
---|
| 374 | + | 28 sandbox and enters into a written agreement with the applicant |
---|
| 375 | + | 29 describing the specific laws and regulations that are waived or |
---|
| 376 | + | 30 suspended as part of participation in the regulatory sandbox. |
---|
| 377 | + | 31 (b) Notwithstanding any other provision of this article, the |
---|
| 378 | + | 32 regulatory relief office may not enter into a written agreement with |
---|
| 379 | + | 33 an applicant that waives or suspends a tax, fee, or charge governed |
---|
| 380 | + | 34 by the Indiana tax code under IC 6. |
---|
| 381 | + | 35 Sec. 15. (a) The director may deny, at the director's sole |
---|
| 382 | + | 36 discretion, any application submitted under this section for any |
---|
| 383 | + | 37 reason, including if the director determines that the preponderance |
---|
| 384 | + | 38 of evidence demonstrates that suspending or waiving enforcement |
---|
| 385 | + | 39 of a law or regulation would cause a significant risk of harm to |
---|
| 386 | + | 40 consumers or residents of the state. |
---|
| 387 | + | 41 (b) If the director denies an application submitted under this |
---|
| 388 | + | 42 section, the regulatory relief office shall provide to the applicant a |
---|
| 389 | + | 2022 IN 1330—LS 6303/DI 134 10 |
---|
| 390 | + | 1 written description of the reasons for not allowing the applicant to |
---|
| 391 | + | 2 be a sandbox participant. |
---|
| 392 | + | 3 (c) The denial of an application submitted under this section is |
---|
| 393 | + | 4 not subject to: |
---|
| 394 | + | 5 (1) agency or judicial review; or |
---|
| 395 | + | 6 (2) the provisions under IC 4-21.5. |
---|
| 396 | + | 7 Sec. 16. The director shall deny an application for participation |
---|
| 397 | + | 8 in the regulatory sandbox described by this section if the applicant, |
---|
| 398 | + | 9 or any person who seeks to participate with the applicant in |
---|
| 399 | + | 10 demonstrating an offering, has been convicted, entered a plea of |
---|
| 400 | + | 11 nolo contendere, or entered a plea of guilty or nolo contendere held |
---|
| 401 | + | 12 in abeyance, for any crime involving significant theft, fraud, or |
---|
| 402 | + | 13 dishonesty if the crime bears a significant relationship to the |
---|
| 403 | + | 14 applicant's or other participant's ability to safely and competently |
---|
| 404 | + | 15 participate in the regulatory sandbox program. |
---|