The House Government and Regulatory Reform Committee heard HB 1100 authored by Rep. Bartels concerning agency oversight and rulemaking procedures. The bill, after adopting an amendment by consent:
- adds a new chapter regarding the expiration of executive orders and proclamations
- addresses expiration of executive orders issued before July 1, 2022, and in effect on July 1, 2022
- provides that the general assembly is required to approve any requested continuation of the executive order through adoption of a concurrent resolution after notice is published in Indiana Register
- addressed expiration of executive orders issued after June 30, 2022
- provides that if an executive order expires, a substantially similar executive order may not be issued within six months of the expiration date
- amends provisions on judicial review of agency action:
- disputed issues of fact are reviewed de novo
- the court can receive additional evidence outside the agency record
- places the burden to show the action was valid on the agency
- the court’s decision may not defer to previous interpretations made by the agency
- amends the basis for the court’s determination that a person was prejudiced by the agency’s action
- amends provisions on agency rulemaking
- defines an emergency rule, outlines procedures for adopting an emergency rule and requires expedited review of the rule by the attorney general
- sets forth new sections on rulemaking procedures after June 30, 2022
- sets forth a new section on limitations for rules to be no more stringent than or have harsher penalties than those of comparable federal statutes or regulations
The bill passed as amended 8-2.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1100