Indiana 2022 Regular Session

Indiana House Bill HB1330 Latest Draft

Bill / Amended Version Filed 01/25/2022

                            *HB1330.1*
January 25, 2022
HOUSE BILL No. 1330
_____
DIGEST OF HB 1330 (Updated January 24, 2022 6:15 pm - DI 75)
Citations Affected:  IC 5-36.
Synopsis:  Sandbox legislation. Establishes a regulatory sandbox
program.
Effective:  July 1, 2022.
Miller D, Teshka, Lucas, Nisly
January 11, 2022, read first time and referred to Committee on Government and Regulatory
Reform.
January 25, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
HB 1330—LS 6303/DI 134  January 25, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1330
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-36 IS ADDED TO THE INDIANA CODE AS A
2 NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2022]:
4 ARTICLE 36. REGULATORY SANDBOX PROGRAM
5 Chapter 1. Definitions
6 Sec. 1. The definitions in this chapter apply throughout this
7 article.
8 Sec. 2. "Advisory committee" means the regulatory sandbox
9 program advisory committee established by IC 5-36-3-1.
10 Sec. 3. "Applicable agency" means a department or agency of
11 the state that by law regulates a business activity and persons
12 engaged in such business activity, including the issuance of licenses
13 or other types of authorization, which the corporation determines
14 would otherwise regulate a sandbox participant.
15 Sec. 4. "Applicant" means a person that applies to participate
16 in the regulatory sandbox.
17 Sec. 5. "Consumer" means a person that purchases or otherwise
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1 enters into a transaction or agreement to receive an offering
2 pursuant to a demonstration by a sandbox participant.
3 Sec. 6. "Corporation" means the Indiana economic development
4 corporation established by IC 5-28-3-1.
5 Sec. 7. "Demonstrate" or "demonstration" means to
6 temporarily provide an offering in accordance with the provisions
7 of the regulatory sandbox program described in this article.
8 Sec. 8. "Executive director" means the secretary of commerce.
9 Sec. 9. "Innovation" means the use or incorporation of a new
10 idea, a new or emerging technology, or a new use of existing
11 technology to address a problem, provide a benefit, or otherwise
12 offer a product, production method, or service.
13 Sec. 10. "Innovative offering" means an offering that includes
14 an innovation.
15 Sec. 11. "Person" means an individual, a proprietorship, a
16 partnership, a joint venture, a firm, an association, a corporation,
17 or other legal entity.
18 Sec. 12. "Product" means a commercially distributed good that
19 is:
20 (1) tangible personal property;
21 (2) the result of a production process; and
22 (3) passed through the distribution channel before
23 consumption.
24 Sec. 13. "Production" means the method or process of creating
25 or obtaining a good, which may include assembling, breeding,
26 capturing, collecting, extracting, fabricating, farming, fishing,
27 gathering, growing, harvesting, hunting, manufacturing, mining,
28 processing, raising, or trapping a good.
29 Sec. 14. "Regulatory relief office" means the regulatory relief
30 office established by IC 5-36-2-1.
31 Sec. 15. "Regulatory sandbox" means the regulatory sandbox
32 program established by IC 5-36-5-1, which allows a person to
33 temporarily demonstrate an offering under a waiver or suspension
34 of one (1) or more state laws or regulations.
35 Sec. 16. "Sandbox participant" means a person whose
36 application to participate in the regulatory sandbox is approved in
37 accordance with the provisions of this article.
38 Sec. 17. "Secretary of commerce" means the secretary of
39 commerce appointed under IC 5-28-3-4.
40 Sec. 18. "Service" means any commercial activity, duty, or
41 labor performed for another person.
42 Chapter 2. Creation of Regulatory Relief Office
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1 Sec. 1. The regulatory relief office is established within the
2 corporation.
3 Sec. 2. The regulatory relief office shall be administered by an
4 executive director.
5 Sec. 3. The regulatory relief office shall:
6 (1) administer the provisions of this article;
7 (2) administer the regulatory sandbox program; and
8 (3) act as a liaison between businesses and applicable agencies
9 to identify state laws or regulations that could potentially be
10 waived or suspended under the regulatory sandbox program.
11 Sec. 4. The regulatory relief office may:
12 (1) review state laws and regulations that may unnecessarily
13 inhibit the creation and success of new companies or
14 industries and provide recommendations to the general
15 assembly on modifying such state laws and regulations;
16 (2) create a framework for analyzing the risk level to the
17 health, safety, and financial well-being of consumers related
18 to permanently removing or temporarily waiving laws and
19 regulations inhibiting the creation or success of new and
20 existing companies or industries;
21 (3) propose potential reciprocity agreements between states
22 that use or are proposing to use similar regulatory sandbox
23 programs as described in this article; and
24 (4) make rules necessary to:
25 (A) administer the regulatory sandbox, including making
26 rules regarding the application process and the reporting
27 requirements of sandbox participants; and
28 (B) cooperate and consult with other agencies in the state
29 that administer sandbox programs.
30 Chapter 3. Creation and Duties of Advisory Committee
31 Sec. 1. The regulatory sandbox program advisory committee is
32 established.
33 Sec. 2. The advisory committee consists of eleven (11) members
34 appointed as follows:
35 (1) Six (6) members appointed by the executive director who
36 represent business interests and are selected from a variety of
37 industry clusters.
38 (2) Three (3) members appointed by the executive director
39 who represent state agencies that regulate businesses.
40 (3) One (1) member of the senate, appointed by the president
41 pro tempore of the senate.
42 (4) One (1) member of the house of representatives, appointed
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1 by the speaker of the house of representatives.
2 Sec. 3. (a) Subject to subsection (b), members of the advisory
3 committee who are not legislators shall be appointed to a four (4)
4 year term.
5 (b) Notwithstanding the requirements of subsection (a), the
6 executive director may adjust the length of terms of appointments
7 and reappointments to the advisory committee so that
8 approximately half of the advisory committee is appointed every
9 two (2) years.
10 Sec. 4. The executive director shall select a chair of the advisory
11 committee on an annual basis.
12 Sec. 5. A majority of the advisory committee constitutes a
13 quorum for the purpose of conducting advisory committee
14 business, and the action of the majority of a quorum constitutes the
15 action of the advisory committee.
16 Sec. 6. The advisory committee shall advise and make
17 recommendations to the regulatory relief office.
18 Sec. 7. The regulatory relief office shall provide administrative
19 staff support for the advisory committee.
20 Sec. 8. (a) Members of the advisory committee who are not
21 legislators may not receive compensation or benefits for their
22 service, but a member appointed under section 2(1) of this chapter
23 may receive per diem and travel expenses.
24 (b) Compensation and expenses of members of the advisory
25 committee who are legislators are governed by IC 2-3-1.
26 Chapter 4. Annual Report
27 Sec. 1. The executive director shall prepare an annual report
28 that includes a written report on the activities of the regulatory
29 relief office that includes:
30 (1) information regarding each sandbox participant, including
31 which industries each participant represents and the
32 anticipated or actual cost savings that each participant
33 experienced;
34 (2) recommendations regarding any laws or regulations that
35 should be permanently modified;
36 (3) information regarding outcomes for consumers; and
37 (4) recommendations for changes to the regulatory sandbox
38 program or other duties of the regulatory relief office.
39 Sec. 2. Not later than October 1 of each year, the executive
40 director shall submit the annual report to the general assembly in
41 an electronic format under IC 5-14-6.
42 Chapter 5. Regulatory Sandbox Program and Application
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1 Requirements
2 Sec. 1. The regulatory sandbox program is established within
3 the corporation.
4 Sec. 2. In administering the regulatory sandbox the regulatory
5 relief office:
6 (1) shall consult with each applicable agency;
7 (2) shall establish a program to enable a person to obtain legal
8 protections and limited access to the market in Indiana to
9 demonstrate an innovative offering without obtaining a
10 license or other authorization that might otherwise be
11 required;
12 (3) may enter into agreements with or adopt the best practices
13 of corresponding federal regulatory agencies or other states
14 that are administering similar programs; and
15 (4) may consult with businesses in Indiana about existing or
16 potential proposals for the regulatory sandbox.
17 Sec. 3. (a) An applicant for the regulatory sandbox may contact
18 the regulatory relief office to request a consultation regarding the
19 regulatory sandbox before submitting an application.
20 (b) The regulatory relief office may provide assistance to an
21 applicant in preparing an application for submission.
22 Sec. 4. An applicant for the regulatory sandbox shall provide to
23 the regulatory relief office an application in a form prescribed by
24 the regulatory relief office that:
25 (1) confirms the applicant is subject to the jurisdiction of the
26 state;
27 (2) confirms the applicant has established a physical or virtual
28 location in Indiana, from which the demonstration of an
29 innovative offering will be developed and performed and
30 where all required records, documents, and data will be
31 maintained;
32 (3) contains relevant personal and contact information for the
33 applicant, including legal names, addresses, telephone
34 numbers, electronic mail addresses, Internet web site
35 addresses, and other information required by the regulatory
36 relief office;
37 (4) discloses criminal convictions of the applicant or other
38 participating personnel, if any;
39 (5) contains a description of the innovative offering to be
40 demonstrated, including statements regarding:
41 (A) how the offering is subject to licensing, legal
42 prohibition, or other authorization requirements, including
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1 any application of federal laws and regulations, outside of
2 the regulatory sandbox;
3 (B) each law or regulation that the applicant seeks to have
4 waived or suspended while participating in the regulatory
5 sandbox program;
6 (C) how the offering would benefit consumers;
7 (D) how the offering is different from other offerings
8 available in the state;
9 (E) what risks might exist for consumers who use or
10 purchase the offering;
11 (F) how participating in the regulatory sandbox would
12 enable a successful demonstration of the offering;
13 (G) a description of the proposed demonstration plan,
14 including estimated time periods for beginning and ending
15 the demonstration;
16 (H) recognition that the applicant will be subject to all laws
17 and regulations pertaining to the applicant's offering after
18 conclusion of the demonstration; and
19 (I) how the applicant will end the demonstration and
20 protect consumers if the demonstration fails;
21 (6) lists each government agency, if any, that the applicant
22 knows regulates the applicant's business; and
23 (7) provides any other required information as determined by
24 the regulatory relief office.
25 Sec. 5. The regulatory relief office may collect an application fee
26 from an applicant.
27 Sec. 6. An applicant shall file a separate application for each
28 innovative offering that the applicant wishes to demonstrate.
29 Sec. 7. After an application is filed the regulatory relief office
30 shall:
31 (1) classify the application and any related information
32 provided by the applicant as a protected record;
33 (2) consult with each applicable government agency that
34 regulates the applicant's business regarding whether more
35 information is needed from the applicant; and
36 (3) seek additional information from the applicant that the
37 regulatory relief office determines is necessary.
38 Sec. 8. Not later than five (5) business days after the day on
39 which a complete application is received by the regulatory relief
40 office, the regulatory relief office shall:
41 (1) review the application and refer the application to each
42 applicable government agency that regulates the applicant's
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1 business; and
2 (2) provide to the applicant:
3 (A) an acknowledgment of receipt of the application; and
4 (B) the identity and contact information of each regulatory
5 agency to which the application has been referred for
6 review.
7 Sec. 9. (a) Subject to subsections (c) and (g), not later than thirty
8 (30) days after the day on which an applicable agency receives a
9 complete application for review, the applicable agency shall
10 provide a written report to the executive director of the applicable
11 agency's findings.
12 (b) The report shall:
13 (1) describe any identifiable, likely, and significant harm to
14 the health, safety, or financial well-being of consumers that
15 the relevant law or regulation protects against; and
16 (2) make a recommendation to the regulatory relief office that
17 the applicant either be admitted or denied entrance into the
18 regulatory relief sandbox.
19 (c) The applicable agency may request an additional five (5)
20 business days to deliver the written report by providing notice to
21 the executive director, which request shall automatically be
22 granted. The applicable agency may only request one (1) extension
23 per application.
24 (d) If the applicable agency recommends an applicant under this
25 section be denied entrance into the regulatory sandbox, the written
26 report shall include a description of the reasons for the
27 recommendation, including why a temporary waiver or suspension
28 of the relevant laws or regulations would potentially significantly
29 harm the health, safety, or financial well-being of consumers and
30 the likelihood of such harm occurring.
31 (e) If the agency determines that consumers' health, safety, or
32 financial well-being can be protected through less restrictive means
33 than the existing relevant laws or regulations, then the applicable
34 agency shall provide a recommendation of how that can be
35 achieved.
36 (f) If an applicable agency fails to deliver a written report as
37 described in this section, the executive director shall assume that
38 the applicable agency does not object to the temporary waiver or
39 suspension of the relevant laws or regulations for an applicant
40 seeking to participate in the regulatory sandbox.
41 (g) Notwithstanding any other provision of this section, an
42 applicable agency may by written notice to the regulatory relief
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1 office:
2 (1) within thirty (30) days after the day on which the
3 applicable agency receives a complete application for review,
4 or within thirty-five (35) days if an extension has been
5 requested by the applicable agency, reject an application if
6 the applicable agency determines, in the applicable agency's
7 sole discretion, that the applicant's offering fails to comply
8 with standards or specifications:
9 (A) required by federal law or regulation; or
10 (B) previously approved for use by a federal agency; or
11 (2) reject an application preliminarily approved by the
12 regulatory relief office if the applicable agency:
13 (A) recommended rejection of the application in
14 accordance with subsection (d) in the agency's written
15 report; and
16 (B) provides in the written notice under this subsection a
17 description of the applicable agency's reasons why
18 approval of the application would create a substantial risk
19 of harm to the health or safety of the public, or create
20 unreasonable expenses for taxpayers in the state.
21 (h) If an applicable agency rejects an application under
22 subsection (g), the regulatory relief office may not approve the
23 application.
24 Sec. 10. (a) Upon receiving a written report described in section
25 9 of this chapter, the executive director shall provide the
26 application and each written report to the advisory committee.
27 (b) The executive director may call the advisory committee to
28 meet as needed, but not less than once per quarter if applications
29 are available for review.
30 (c) After receiving and reviewing the application and each
31 written report, the advisory committee shall provide to the
32 executive director the advisory committee's recommendation as to
33 whether or not the applicant should be admitted as a sandbox
34 participant.
35 (d) As part of the advisory committee's review of each written
36 report, the advisory committee shall use the criteria required for
37 an applicable agency as described in section 9 of this chapter.
38 Sec. 11. (a) In reviewing an application and each applicable
39 agency's written report, the regulatory relief office shall consult
40 with each applicable agency and the advisory committee before
41 admitting an applicant into the regulatory sandbox.
42 (b) The consultation with each applicable agency and the
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1 consultation with the advisory committee may include seeking
2 information about whether:
3 (1) the applicable agency has previously issued a license or
4 other authorization to the applicant; and
5 (2) the applicable agency has previously investigated,
6 sanctioned, or pursued legal action against the applicant.
7 Sec. 12. In reviewing an application under this section, the
8 regulatory relief office and applicable agency shall consider
9 whether a competitor of the applicant is or has been a sandbox
10 participant and, if so, weigh that as a factor in favor of allowing the
11 applicant to also become a sandbox participant.
12 Sec. 13. In reviewing an application under this section, the
13 regulatory relief office shall consider whether:
14 (1) the applicant's plan will adequately protect consumers
15 from potential harm identified by an applicable agency in the
16 applicable agency's written report;
17 (2) the risk of harm to consumers is outweighed by the
18 potential benefits to consumers from the applicant's
19 participation in the regulatory sandbox; and
20 (3) certain state laws or regulations that regulate an offering
21 should not be waived or suspended even if the applicant is
22 approved as a sandbox participant, including applicable
23 antifraud or disclosure provisions.
24 Sec. 14. (a) An applicant becomes a sandbox participant if the
25 regulatory relief office approves the application for the regulatory
26 sandbox and enters into a written agreement with the applicant
27 describing the specific laws and regulations that are waived or
28 suspended as part of participation in the regulatory sandbox.
29 (b) Notwithstanding any other provision of this article, the
30 regulatory relief office may not enter into a written agreement with
31 an applicant that waives or suspends a tax, fee, or charge governed
32 by the Indiana tax code under IC 6.
33 Sec. 15. (a) The executive director may deny, at the executive
34 director's sole discretion, any application submitted under this
35 section for any reason, including if the executive director
36 determines that the preponderance of evidence demonstrates that
37 suspending or waiving enforcement of a law or regulation would
38 cause a significant risk of harm to consumers or residents of the
39 state.
40 (b) If the executive director denies an application submitted
41 under this section, the regulatory relief office shall provide to the
42 applicant a written description of the reasons for not allowing the
HB 1330—LS 6303/DI 134 10
1 applicant to be a sandbox participant.
2 (c) The denial of an application submitted under this section is
3 not subject to:
4 (1) agency or judicial review; or
5 (2) the provisions under IC 4-21.5.
6 Sec. 16. The executive director shall deny an application for
7 participation in the regulatory sandbox described by this section if
8 the applicant, or any person who seeks to participate with the
9 applicant in demonstrating an offering, has been convicted, entered
10 a plea of nolo contendere, or entered a plea of guilty or nolo
11 contendere held in abeyance, for any crime involving significant
12 theft, fraud, or dishonesty if the crime bears a significant
13 relationship to the applicant's or other participant's ability to
14 safely and competently participate in the regulatory sandbox
15 program.
16 Sec. 17. When an applicant is approved for participation in the
17 regulatory sandbox, the executive director may provide notice of
18 the approval to the competitors of the applicant and to the public.
19 Chapter 6. Scope of the Regulatory Sandbox
20 Sec. 1. If the regulatory relief office approves an application, the
21 sandbox participant has twelve (12) months after the day on which
22 the application is approved to demonstrate the offering described
23 in the sandbox participant's application.
24 Sec. 2. An offering that is demonstrated within the regulatory
25 sandbox is subject to the following:
26 (1) Each consumer shall be a resident of Indiana.
27 (2) No law or regulation may be waived or suspended if
28 waiving or suspending the law or regulation would prevent a
29 consumer from seeking restitution in the event that the
30 consumer is harmed.
31 Sec. 3. This chapter does not restrict a sandbox participant that
32 holds a license or other authorization in another jurisdiction from
33 acting in accordance with that license or other authorization.
34 Sec. 4. A sandbox participant is deemed to possess an
35 appropriate license or other authorization under the laws of
36 Indiana for the purposes of any provision of federal law requiring
37 licensure or other authorization.
38 Sec. 5. Subject to section 6 of this chapter:
39 (1) during the demonstration period, a sandbox participant is
40 not subject to the enforcement of state laws or regulations
41 identified in the written agreement between the regulatory
42 relief office and the sandbox participant;
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1 (2) a prosecutor may not file or pursue charges pertaining to
2 a law or regulation identified in the written agreement
3 between the regulatory relief office and the sandbox
4 participant that occurs during the demonstration period; and
5 (3) a state agency may not file or pursue any punitive action
6 against a sandbox participant, including a fine or licensure
7 suspension or revocation, for the violation of a law or
8 regulation that:
9 (A) is identified as being waived or suspended in the
10 written agreement between the regulatory relief office and
11 the sandbox participant; and
12 (B) occurs during the demonstration period.
13 Sec. 6. Notwithstanding any other provision of this article, a
14 sandbox participant does not have immunity related to any
15 criminal offense not waived or suspended in the written agreement
16 between the regulatory relief office and the sandbox participant
17 committed during the sandbox participant's participation in the
18 regulatory sandbox.
19 Sec. 7. By written notice, the regulatory relief office may end a
20 sandbox participant's participation in the regulatory sandbox at
21 any time and for any reason, including if the executive director
22 determines that a sandbox participant is not operating in good
23 faith to bring an innovative offering to the market.
24 Sec. 8. The regulatory relief office and the regulatory relief
25 office's employees are not liable for any business losses or the
26 recouping of application expenses or other expenses related to the
27 regulatory sandbox, including for:
28 (1) denying an applicant's application to participate in the
29 regulatory sandbox for any reason; or
30 (2) ending a sandbox participant's participation in the
31 regulatory sandbox at any time and for any reason.
32 Chapter 7. Consumer Protection for the Regulatory Sandbox
33 Sec. 1. Before demonstrating an offering to a consumer, a
34 sandbox participant shall disclose the following to the consumer:
35 (1) The name and contact information of the sandbox
36 participant.
37 (2) That the offering is authorized pursuant to the regulatory
38 sandbox program and, if applicable, that the sandbox
39 participant does not have a license or other authorization to
40 provide an offering under state laws that regulate offerings
41 outside of the regulatory sandbox.
42 (3) That the offering is undergoing testing and may not
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1 function as intended and may expose the consumer to certain
2 risks as identified by the applicable agency's written report.
3 (4) That the provider of the offering is not immune from civil
4 liability for any losses or damages caused by the offering.
5 (5) That the provider of the offering is not immune from
6 criminal prosecution for violations of state laws or regulations
7 that are not suspended or waived as allowed by the regulatory
8 sandbox.
9 (6) That the offering is a temporary demonstration that may
10 be discontinued at the end of the demonstration period.
11 (7) The expected end date of the demonstration period.
12 (8) That a consumer may contact the regulatory relief office
13 and file a complaint regarding the offering being
14 demonstrated. The sandbox participant shall provide the
15 regulatory relief office's telephone number and Internet web
16 site address where a complaint may be filed.
17 Sec. 2. The disclosures required by this chapter shall be
18 provided to a consumer in a clear and conspicuous form and, for
19 an internet or application based offering, a consumer shall
20 acknowledge receipt of the disclosure before any transaction may
21 be completed.
22 Sec. 3. The regulatory relief office may require that a sandbox
23 participant make additional disclosures to a consumer.
24 Chapter 8. Requirements for Exiting Regulatory Sandbox
25 Sec. 1. At least thirty (30) days before the end of the twelve (12)
26 month regulatory sandbox demonstration period, a sandbox
27 participant shall:
28 (1) notify the regulatory relief office that the sandbox
29 participant will exit the regulatory sandbox and discontinue
30 the sandbox participant's demonstration after the day on
31 which the twelve (12) month demonstration period ends; or
32 (2) seek an extension under IC 5-36-9.
33 Sec. 2. Subject to section 3 of this chapter, if the regulatory
34 relief office does not receive notification as required by section 1 of
35 this chapter, the regulatory sandbox demonstration period ends at
36 the end of the twelve (12) month demonstration period.
37 Sec. 3. If a demonstration includes an offering that requires
38 ongoing duties, the sandbox participant may continue to perform
39 those duties but will be subject to enforcement of the laws or
40 regulations that were waived or suspended as part of the
41 regulatory sandbox.
42 Chapter 9. Extensions
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1 Sec. 1. Not later than thirty (30) days before the end of the
2 twelve (12) month regulatory sandbox demonstration period, a
3 sandbox participant may request an extension of the regulatory
4 sandbox demonstration period.
5 Sec. 2. The regulatory relief office shall grant or deny a request
6 for an extension in accordance with section 1 of this chapter by the
7 end of the twelve (12) month regulatory sandbox demonstration
8 period.
9 Sec. 3. The regulatory relief office may grant an extension in
10 accordance with this chapter for not more than twelve (12) months
11 after the end of the regulatory sandbox demonstration period.
12 Chapter 10. Record Keeping and Reporting Requirements
13 Sec. 1. A sandbox participant shall retain records, documents,
14 and data produced in the ordinary course of business regarding an
15 offering demonstrated in the regulatory sandbox.
16 Sec. 2. If a sandbox participant ceases to provide an offering
17 before the end of a demonstration period, the sandbox participant
18 shall notify the regulatory relief office and each applicable agency
19 and report on actions taken by the sandbox participant to ensure
20 consumers have not been harmed as a result.
21 Sec. 3. The regulatory relief office shall establish quarterly
22 reporting requirements for a sandbox participant, including
23 information about any consumer complaints.
24 Sec. 4. The regulatory relief office may request records,
25 documents, and data from a sandbox participant and, upon the
26 regulatory relief office's request, the sandbox participant shall
27 make such records, documents, and data available for inspection
28 by the regulatory relief office.
29 Sec. 5. (a) The sandbox participant shall notify the regulatory
30 relief office and each applicable agency of any incidents that result
31 in harm to the health, safety, or financial well-being of a consumer.
32 (b) If a sandbox participant fails to notify the regulatory relief
33 office and each applicable agency of any incidents as described in
34 subsection (a), or the regulatory relief office or an applicable
35 agency has evidence that significant harm to a consumer has
36 occurred, the regulatory relief office may immediately remove the
37 sandbox participant from the regulatory sandbox.
38 Sec. 6. (a) Not later than thirty (30) days after the day on which
39 a sandbox participant exits the regulatory sandbox, the sandbox
40 participant shall submit a written report to the regulatory relief
41 office and each applicable agency describing an overview of the
42 sandbox participant's demonstration, including any:
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1 (1) incidents of harm to consumers;
2 (2) legal actions filed against the sandbox participant as a
3 result of the participant's demonstration; and
4 (3) complaints filed with an applicable agency as a result of
5 the sandbox participant's demonstration.
6 (b) Not later than thirty (30) days after the day on which an
7 applicable agency receives the quarterly report required under
8 section 3 of this chapter, or a written report from a sandbox
9 participant under subsection (a), the applicable agency shall
10 provide a written report to the regulatory relief office on the
11 demonstration that describes any statutory or regulatory reform
12 the applicable agency recommends as a result of the
13 demonstration.
14 Sec. 7. The regulatory relief office may remove a sandbox
15 participant from the regulatory sandbox at any time if the
16 regulatory relief office determines that a sandbox participant has
17 engaged in, is engaging in, or is about to engage in any practice or
18 transaction that is in violation of this article or that constitutes a
19 violation of a law or regulation for which a suspension or waiver
20 has not been granted.
21 Chapter 11. Regulatory Relief Office Web Page
22 Sec. 1. The regulatory relief office shall create and maintain on
23 the corporation's Internet web site a web page that invites
24 residents and businesses in the state to make suggestions regarding
25 laws and regulations that could be modified or eliminated to
26 reduce the regulatory burden of residents and businesses in the
27 state.
28 Sec. 2. On at least a quarterly basis, the regulatory relief office
29 shall compile the results of suggestions from the web page and
30 submit a report that describes the most common suggestions to the
31 executive director of the legislative services agency for distribution
32 to the members of the general assembly. The report submitted to
33 the executive director of the legislative services agency must be in
34 an electronic format under IC 5-14-6.
35 Sec. 3. In creating the report described in section 2 of this
36 chapter, the regulatory relief office and the advisory committee:
37 (1) shall ensure that private information of residents and
38 businesses that make suggestions on the web page is not made
39 public; and
40 (2) may evaluate the suggestions and provide analysis and
41 suggestions regarding which state laws and regulations could
42 be modified or eliminated to reduce the regulatory burden of
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1 residents and businesses in the state while still protecting
2 consumers.
HB 1330—LS 6303/DI 134 16
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1330, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 2, delete line 8.
Page 2, line 9, delete "9." and insert "8.".
Page 2, line 10, delete "10." and insert "9.".
Page 2, line 14, delete "11." and insert "10.".
Page 2, line 16, delete "12." and insert "11.".
Page 2, line 19, delete "13." and insert "12.".
Page 2, line 25, delete "14." and insert "13.".
Page 2, line 30, delete "15." and insert "14.".
Page 2, line 32, delete "16." and insert "15.".
Page 2, line 36, delete "17." and insert "16.".
Page 2, line 39, delete "18." and insert "17.".
Page 2, line 41, delete "19." and insert "18.".
Page 3, line 1, delete "and".
Page 3, delete line 2.
Page 3, line 5, delete "(a)".
Page 3, line 6, delete "a director." and insert "an executive
director.".
Page 3, delete lines 7 through 8.
Page 3, line 39, delete "the director" and insert "the executive
director".
Page 3, line 42, delete "the director" and insert "the executive
director".
Page 4, line 10, delete "director" and insert "executive director".
Page 4, line 13, delete "The director" and insert "The executive
director".
Page 4, line 31, delete "from the director".
Page 7, line 13, after "to the" insert "executive".
Page 7, line 24, delete "the director," and insert "the executive
director,".
Page 7, line 40, delete "the director" and insert "the executive
director".
Page 8, line 28, delete "the director" and insert "the executive
director".
Page 8, line 30, delete "The director" and insert "The executive
director".
Page 8, line 34, delete "the director" and insert "the executive
HB 1330—LS 6303/DI 134 17
director".
Page 9, line 35, delete "The director may deny, at the director's" and
insert "The executive director may deny, at the executive
director's".
Page 9, line 37, after "if the" insert "executive".
Page 9, line 41, delete "the director" and insert "the executive
director".
Page 10, line 7, delete "The director" and insert "The executive
director".
Page 10, line 17, delete "the director" and insert "the executive
director".
Page 11, line 21, delete "the director" and insert "the executive
director".
Page 14, line 29, after "and" insert "submit a report that describes
the most common suggestions to the executive director of the
legislative services agency for distribution to the members of the
general assembly. The report submitted to the executive director
of the legislative services agency must be in an electronic format
under IC 5-14-6.".
Page 14, delete lines 30 through 31.
and when so amended that said bill do pass.
(Reference is to HB 1330 as introduced.)
MILLER D
Committee Vote: yeas 7, nays 3.
HB 1330—LS 6303/DI 134