Indiana 2025 Regular Session

Indiana House Bill HB1495 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1495
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 2-5-56.5; IC 4-22-2; IC 34-8.
7	7	Synopsis: Review of administrative and judicial rules. Establishes the
8	8	administrative rules review committee. Requires: (1) an agency to
9	9	submit a rule and the latest version of the regulatory analysis with any
10	10	supporting documents; and (2) the supreme court to submit a rule and
11	11	any economic impact statement, with supporting documents; to the
12	12	office of fiscal management and analysis of the legislative services
13	13	agency to estimate the fiscal impact on state and local government.
14	14	Provides that if the fiscal impact is estimated to be greater than
15	15	$300,000, the rule and supporting documents shall be provided to the
16	16	administrative rules review committee for review. Provides that the
17	17	rule described may not take effect unless authorized by a bill enacted
18	18	by the general assembly.
19	19	Effective: July 1, 2025.
20	20	Bascom, Pierce K, Commons,
21	21	Ireland
22	22	January 21, 2025, read first time and referred to Committee on Judiciary.
23	23	2025 IN 1495—LS 7275/DI 106 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1495
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	administrative law.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 2-5-56.5 IS ADDED TO THE INDIANA CODE
39	39	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
40	40	3 JULY 1, 2025]:
41	41	4 Chapter 56.5. Administrative Rules Review Committee
42	42	5 Sec. 1. As used in this chapter, "committee" refers to the
43	43	6 administrative rules review committee established by section 4 of
44	44	7 this chapter.
45	45	8 Sec. 2. As used in this chapter, "rule" has the meaning set forth
46	46	9 in IC 4-22-2-3.
47	47	10 Sec. 3. (a) The administrative rules review committee is
48	48	11 established to serve the general assembly as a continuing
49	49	12 committee. Except as otherwise provided by this section, the
50	50	13 committee shall operate under the rules of the legislative council.
51	51	14 (b) The committee consists of the following twelve (12) members
52	52	15 of the general assembly, including the chair and vice chair:
53	53	16 (1) Three (3) members appointed by the president pro
54	54	17 tempore of the senate.
55	55	2025 IN 1495—LS 7275/DI 106 2
56	56	1 (2) Three (3) members appointed by the minority leader of the
57	57	2 senate.
58	58	3 (3) Three (3) members appointed by the speaker of the house
59	59	4 of representatives.
60	60	5 (4) Three (3) members appointed by the minority leader of the
61	61	6 house of representatives.
62	62	7 (c) The chairperson of the senate tax and fiscal policy committee
63	63	8 is the chair of the committee beginning July 1 of odd-numbered
64	64	9 years and vice chair of the committee beginning July 1 of
65	65	10 even-numbered years. The chair of the house ways and means
66	66	11 committee is the vice chair of the committee beginning July 1 in
67	67	12 odd-numbered years and the chair of the committee beginning July
68	68	13 1 in even-numbered years.
69	69	14 (d) Except as otherwise provided in this chapter, the term of a
70	70	15 member of the committee ends on June 30 of the next
71	71	16 odd-numbered year following the member's appointment.
72	72	17 However, the member may be reappointed to subsequent terms.
73	73	18 (e) A member of the committee may be removed at any time by
74	74	19 the appointing authority who appointed the member.
75	75	20 (f) If a vacancy exists on the committee, the appointing
76	76	21 authority who appointed the member whose position has become
77	77	22 vacant shall appoint an individual to fill the vacancy. An individual
78	78	23 appointed to fill a vacancy serves for the remainder of the term of
79	79	24 the vacating member.
80	80	25 (g) If a member of the committee ceases to:
81	81	26 (1) be a member of the chamber from which the member was
82	82	27 appointed; or
83	83	28 (2) hold the member's office;
84	84	29 the member ceases to be a member of the committee.
85	85	30 (h) Each member of the committee is entitled to receive the
86	86	31 same per diem, mileage, and travel allowances paid to individuals
87	87	32 who serve as legislative and lay members, respectively, of interim
88	88	33 study committees established by the legislative council.
89	89	34 (i) The committee shall meet at the call of the chair. The
90	90	35 committee may meet during the sessions of the general assembly
91	91	36 and during the interim periods between sessions (as defined in
92	92	37 IC 2-5-1.3-1).
93	93	38 (j) Seven (7) members of the committee constitute a quorum.
94	94	39 (k) The affirmative vote of a majority of the members appointed
95	95	40 to the committee is required for the committee to take action on
96	96	41 any measure.
97	97	42 (l) The committee shall review rules submitted to the committee
98	98	2025 IN 1495—LS 7275/DI 106 3
99	99	1 under IC 4-22-2-34.5.
100	100	2 (m) All meetings of the committee are open to the public in
101	101	3 accordance with and subject to IC 5-14-1.5. All records of the
102	102	4 committee are subject to the requirements of IC 5-14-3.
103	103	5 (n) The legislative services agency shall staff the committee.
104	104	6 (o) All funds necessary to carry out this chapter shall be paid
105	105	7 from appropriations to the legislative council and the legislative
106	106	8 services agency.
107	107	9 SECTION 2. IC 4-22-2-34, AS AMENDED BY P.L.123-2006,
108	108	10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109	109	11 JULY 1, 2025]: Sec. 34. (a) The governor may approve or disapprove
110	110	12 a rule submitted under section 33 of this chapter with or without cause.
111	111	13 (b) The governor has fifteen (15) days from the date that an agency
112	112	14 submits a rule under section 33 of this chapter to approve or disapprove
113	113	15 the rule. However, the governor may take thirty (30) days to approve
114	114	16 or disapprove the rule if the governor files a statement with the
115	115	17 publisher within the first fifteen (15) days after an agency submits the
116	116	18 rule that states that the governor intends to take an additional fifteen
117	117	19 (15) days to approve or disapprove the rule.
118	118	20 (c) If the governor neither approves nor disapproves the rule within
119	119	21 the allowed period, the rule is deemed approved, and the agency may
120	120	22 submit the rule to the publisher under subsection (d) without the
121	121	23 approval of the governor.
122	122	24 (d) After a rule has been approved or deemed approved under
123	123	25 this section, the agency shall submit the rule to the legislative
124	124	26 council under section 34.5 of this chapter.
125	125	27 SECTION 3. IC 4-22-2-34.5 IS ADDED TO THE INDIANA CODE
126	126	28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
127	127	29 1, 2025]: Sec. 34.5. (a) This section applies to a rule subject to
128	128	30 sections 23 through 36 of this chapter and if the agency commences
129	129	31 a rulemaking action after June 30, 2025, under section 23 of this
130	130	32 chapter.
131	131	33 (b) After a rule has been approved or deemed approved under
132	132	34 section 34 of this chapter, the agency shall submit the rule to the
133	133	35 legislative council, in an electronic format under IC 5-14-6. The
134	134	36 office of fiscal management and analysis of the legislative services
135	135	37 agency shall conduct a fiscal analysis of the rule. The agency shall
136	136	38 submit the following for review by the office of fiscal management
137	137	39 and analysis:
138	138	40 (1) The rule in the form required by section 20 of this chapter.
139	139	41 (2) The latest version of the regulatory analysis submitted to
140	140	42 the budget agency and the office of management and budget
141	141	2025 IN 1495—LS 7275/DI 106 4
142	142	1 under section 22.8 of this chapter.
143	143	2 (3) Any data, studies, or analyses relied on by the agency to
144	144	3 develop the regulatory analysis in the manner specified in
145	145	4 section 17.5 of this chapter.
146	146	5 (4) Any proposals submitted under IC 13-14-8-2 or
147	147	6 IC 13-14-8-5 that are applicable to the rule.
148	148	7 (5) Any other:
149	149	8 (A) documents or information requested by the legislative
150	150	9 council;
151	151	10 (B) documents or information required to be submitted to
152	152	11 the attorney general or governor with a rule for approval
153	153	12 under sections 31 through 34 of this chapter; and
154	154	13 (C) documents or information demonstrating approval by
155	155	14 the attorney general and governor under sections 31
156	156	15 through 34 of this chapter.
157	157	16 (c) If, after completing the fiscal analysis described in subsection
158	158	17 (b), the office of fiscal management and analysis estimates the fiscal
159	159	18 impact on state and local government to be greater than three
160	160	19 hundred thousand dollars ($300,000), the office of fiscal
161	161	20 management and analysis shall provide the fiscal analysis, the rule,
162	162	21 and the supporting documents under this section to the
163	163	22 administrative rules review committee for review. A rule subject
164	164	23 to review under this subsection may not take effect unless
165	165	24 authorized by a bill enacted by the general assembly.
166	166	25 (d) A rule subject to review under subsection (c) must be
167	167	26 authorized by a bill enacted by the general assembly before the
168	168	27 publisher may accept the rule for filing under section 35 of this
169	169	28 chapter.
170	170	29 SECTION 4. IC 4-22-2-35, AS AMENDED BY P.L.123-2006,
171	171	30 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	172	31 JULY 1, 2025]: Sec. 35. (a) Except as provided in subsection (d) and
173	173	32 subject to section 34.5 of this chapter, when a rule has been approved
174	174	33 or deemed approved by the governor within the period allowed by
175	175	34 section 25 of this chapter, the agency shall immediately submit the rule
176	176	35 to the publisher for filing. The agency shall submit the rule in the form
177	177	36 required by section 20 of this chapter and with the documents required
178	178	37 by section 21 of this chapter.
179	179	38 (b) The agency shall submit to the publisher the copies of the rule
180	180	39 and other documents specified in section 31 of this chapter.
181	181	40 (c) Subject to section 39 of this chapter, the publisher shall:
182	182	41 (1) accept the rule for filing; and
183	183	42 (2) electronically record the date and time the rule is accepted.
184	184	2025 IN 1495—LS 7275/DI 106 5
185	185	1 (d) A rule required to be provided to the administrative rules
186	186	2 review committee for review under section 34.5(c) of this chapter
187	187	3 may not be submitted to the publisher until the rule has been
188	188	4 authorized by a bill enacted by the general assembly.
189	189	5 SECTION 5. IC 4-22-2-40, AS AMENDED BY P.L.249-2023,
190	190	6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191	191	7 JULY 1, 2025]: Sec. 40. (a) At any time before a rule is accepted for
192	192	8 filing by the publisher under section 35, 37.1, 37.2, or 38 of this
193	193	9 chapter, the agency that adopted the rule may recall it. A rule may be
194	194	10 recalled regardless of whether:
195	195	11 (1) the rule has been disapproved by the attorney general under
196	196	12 section 32 of this chapter; or
197	197	13 (2) the rule has been disapproved by the governor under section
198	198	14 34 of this chapter; or
199	199	15 (3) the rule has been reviewed by the administrative rules
200	200	16 review committee under section 34.5 of this chapter.
201	201	17 (b) IC 13-14-9 and sections 23 through 38 of this chapter do not
202	202	18 apply to a recall action under this section. However, the agency shall
203	203	19 distribute a notice of its recall action to the publisher for publication in
204	204	20 the Indiana Register. IC 13-14-9 and sections 23 and 26 of this chapter
205	205	21 do not apply to a readoption action under subsection (c).
206	206	22 (c) After an agency recalls a rule, the agency may reconsider its
207	207	23 adoption action and adopt an identical rule or a revised rule. However,
208	208	24 if IC 13-14-9 or sections 23 through 36 of this chapter apply to the
209	209	25 recalled rule, the readopted rule must comply with the requirements
210	210	26 under section 29 of this chapter or IC 13-14-9-9 (as applicable).
211	211	27 (d) The recall of a rule under this section voids any approval given
212	212	28 after the rule was adopted and before the rule was recalled.
213	213	29 (e) If a rule is:
214	214	30 (1) subject to sections 31, and 33, and 34.5 of this chapter;
215	215	31 (2) recalled under subsection (a); and
216	216	32 (3) readopted under subsection (c);
217	217	33 the agency shall resubmit the readopted version of the recalled rule to
218	218	34 the attorney general and the governor for approval, and to the
219	219	35 administrative rules review committee. The attorney general and the
220	220	36 governor have the full statutory period to approve or disapprove the
221	221	37 readopted rule. The agency shall resubmit the readopted version of a
222	222	38 recalled rule to the office of management and budget with sufficient
223	223	39 information for the office of management and budget to evaluate
224	224	40 whether the initial regulatory analysis submitted to the office of
225	225	41 management and budget under section 22.8 of this chapter needs to be
226	226	42 revised. If the impact of the readopted rule is substantially different
227	227	2025 IN 1495—LS 7275/DI 106 6
228	228	1 from the recalled rule, the agency shall submit the revised regulatory
229	229	2 analysis to the publisher for publication in the Indiana Register with the
230	230	3 document control number assigned by the publisher to the rule. The
231	231	4 agency also shall comply with any other applicable approval
232	232	5 requirement provided by statute.
233	233	6 (f) The readopted version of a recalled rule is effective only after the
234	234	7 agency has complied with section 35, 37.1, 37.2, or 38 of this chapter.
235	235	8 SECTION 6. IC 34-8-1-0.5 IS ADDED TO THE INDIANA CODE
236	236	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
237	237	10 1, 2025]: Sec. 0.5. The general assembly finds the following:
238	238	11 (1) The legislative authority of the state is vested in the
239	239	12 general assembly by Article 4, Section 1 of the Constitution of
240	240	13 the State of Indiana.
241	241	14 (2) The senate and the house of representatives are granted all
242	242	15 powers necessary for a branch of the legislative department
243	243	16 of a free and independent state by Article 4, Section 16 of the
244	244	17 Constitution of the State of Indiana.
245	245	18 (3) The constitutional power and authority described in this
246	246	19 section necessarily includes the power to establish state policy
247	247	20 concerning public safety, public finance, and the operation of
248	248	21 state prisons or county jails.
249	249	22 (4) A legislative review of proposed supreme court rules
250	250	23 affecting public finance is necessary to ensure that policies
251	251	24 established by the rules are consistent with the fiscal policies
252	252	25 established by the general assembly.
253	253	26 (5) The general assembly's exercise of the power and
254	254	27 authority described in this section may not be construed as an
255	255	28 exercise of judicial power.
256	256	29 SECTION 7. IC 34-8-1-1 IS AMENDED TO READ AS FOLLOWS
257	257	30 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) The purpose of this chapter
258	258	31 is to enable the supreme court to:
259	259	32 (1) simplify and abbreviate the pleadings and proceedings;
260	260	33 (2) expedite the decision of causes;
261	261	34 (3) remedy abuses and imperfections that exist in the practice;
262	262	35 (4) abolish unnecessary forms and technicalities in pleading and
263	263	36 practice; and
264	264	37 (5) abolish fictions and unnecessary process and proceedings.
265	265	38 (b) This chapter may not be construed to grant authority to the
266	266	39 supreme court to adopt, amend, or rescind rules concerning
267	267	40 general matters of public interest such as public safety, public
268	268	41 finance, and the operation of state prisons or county jails. Matters
269	269	42 of general public interest described in this subsection may not be
270	270	2025 IN 1495—LS 7275/DI 106 7
271	271	1 construed as matters of court practice or court procedure.
272	272	2 SECTION 8. IC 34-8-1-3 IS AMENDED TO READ AS FOLLOWS
273	273	3 [EFFECTIVE JULY 1, 2025]: Sec. 3. Subject to section 1(b) of this
274	274	4 chapter, the supreme court has authority to adopt, amend, and rescind
275	275	5 rules of court that govern and control practice and procedure in all the
276	276	6 courts of Indiana. These rules must be promulgated and take effect
277	277	7 under the rules adopted by the supreme court, and thereafter all laws in
278	278	8 conflict with the supreme court's rules have no further force or effect.
279	279	9 SECTION 9. IC 34-8-1-5 IS ADDED TO THE INDIANA CODE
280	280	10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
281	281	11 1, 2025]: Sec. 5. (a) Before a proposed rule takes effect, the
282	282	12 supreme court shall provide the legislative council, in an electronic
283	283	13 format under IC 5-14-6, with the rule and any economic impact
284	284	14 statement, including any supporting data, studies, or analysis, for
285	285	15 the rule. The office of fiscal management and analysis of the
286	286	16 legislative services agency shall conduct a fiscal analysis of the rule.
287	287	17 (b) If, after completing the fiscal analysis described in
288	288	18 subsection (a), the office of fiscal management and analysis
289	289	19 estimates the fiscal impact on state and local government to be
290	290	20 greater than three hundred thousand dollars ($300,000), the office
291	291	21 of fiscal management and analysis shall provide the fiscal analysis,
292	292	22 the rule, and supporting documents under this section to the
293	293	23 administrative rules review committee for review. A rule subject
294	294	24 to review under this subsection may not take effect unless
295	295	25 authorized by a bill enacted by the general assembly.
296	296	26 SECTION 10. IC 34-8-2-1 IS AMENDED TO READ AS
297	297	27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. Subject to
298	298	28 IC 34-8-1-1(b), the general assembly of the state of Indiana affirms the
299	299	29 inherent power of the supreme court of Indiana to adopt, amend, and
300	300	30 rescind rules of court affecting matters of procedure, and the general
301	301	31 assembly reaffirms the power given to the supreme court to adopt,
302	302	32 amend, and rescind rules of court, including the rules of court adopted
303	303	33 in this chapter, as set forth by IC 34-8-1-1. However, the power of the
304	304	34 supreme court to adopt, amend, and rescind rules of court does not
305	305	35 preclude the creation, by statute, of alternatives to the change of venue.
306	306	36 SECTION 11. IC 34-8-2-3 IS ADDED TO THE INDIANA CODE
307	307	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
308	308	38 1, 2025]: Sec. 3. (a) Before a proposed rule takes effect, the
309	309	39 supreme court shall provide the legislative council, in an electronic
310	310	40 format under IC 5-14-6, with the rule and any economic impact
311	311	41 statement, including any supporting data, studies, or analysis, for
312	312	42 the rule. The office of fiscal management and analysis of the
313	313	2025 IN 1495—LS 7275/DI 106 8
314	314	1 legislative services agency shall conduct a fiscal analysis of the rule.
315	315	2 (b) If, after completing the fiscal analysis described in
316	316	3 subsection (a), the office of fiscal management and analysis
317	317	4 estimates the fiscal impact on state and local government to be
318	318	5 greater than three hundred thousand dollars ($300,000), the office
319	319	6 of fiscal management and analysis shall provide the fiscal analysis,
320	320	7 the rule, and supporting documents under this section to the
321	321	8 administrative rules review committee for review. A rule subject
322	322	9 to review under this subsection may not take effect unless
323	323	10 authorized by a bill enacted by the general assembly.
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